Loading...
21South Miami NIAmericaCiN CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Comimis Via: Roger M. arlton, Acting City Manager �l��i From: Carol lhubrun, Grants Writer /Administrator Date: January 14, 2010 Agenda Item No.: Subject: City of South Miami's grant with Miami -Dade County Department of Cultural Affairs for the Dr. Martin Luther King, Jr. Parade. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF CULTURAL AFFAIRS IN THE AMOUNT OF $1,500.00 FOR DR. MARTIN LUTHER KING, JR. (MILK) PARADE PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the Acting City Manager to execute a grant agreement with Miami - Dade County's Department of Cultural Affairs for the Dr. Martin Luther King, Jr. (MLK) Parade. Reason/Need: The City of South Miami applied for and has been awarded funds for its 2010 Dr. Martin Luther King, Jr. (MILK) Parade from Miami -Dade County's Department of Cultural Affairs as part of its Community Grants Program. The event will take place in February 2010. There is a 1:1 required match that will come from the City's special events appropriation. Cost: $1,500.00 from the Special Events' Appropriation Funding Source: Miami -Dade County's Department of Cultural Affairs Backup Documentation: ❑ Proposed Resolution ❑ Proposed Contract ❑ Previous Resolution and Contract RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF CULTURAL AFFAIRS IN THE AMOUNT OF $1,500.00 FOR DR. MARTIN LUTHER KING, JR. (MLK) PARADE PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County's Department of Cultural Affairs has awarded a grant to the City of South Miami for the Dr. Martin Luther King, Jr. Parade in the amount of $1,500.00; and x WHEREAS, the Mayor and City Commission wish to accept the grant with Miami -Dade County's Department of Cultural Affairs for the Dr. Martin Luther King, Jr. Parade in the amount of $1,500.00; and WHEREAS, the grant agreement will allow the City to expand its Dr. Martin Luther King, Jr. Parade event; and WHEREAS, the Acting City Manager is authorized to execute the grant agreement with Miami - Dade County's Department of Cultural Affairs in the amount of $1,500.00 for the Dr. Martin Luther King, Jr. Parade. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the Acting City Manager to execute the grant agreement with Miami -Dade County Department of Cultural Affairs for $1,500.00 for the Dr. Martin Luther King, Jr. Parade. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK CITY ATTORNEY Include File Name and Path day of 2010. MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: Page 1 of 4 Aubrun, Carol From: Pezoldt, Dana (CUA) [DANAP @miamidade.gov] Sent: Monday, December 14, 2009 2:40 PM To: Aubrun, Carol Cc: Carlton, Roger Subject: 2Qtr Grant Award Package and Instructions in body of email Importance: High Dear Grantees, Here are your grant award and instruction information below and attached are the documents original to your organization. They are due by December 28th at 4pm but you are welcomed and encouraged to turn them in sooner allowing us to check and correct them as quickly as possible. We realize due to the holiday season, this may be a difficult deadline for you all. We are trying to give both you and us adequate time to get them correct before we begin reading 3rd Quarter grants in January. For your convenience, you can mail them or drop them off to the front desk and place them in the box marked 2nd Quarter Community Grant Contracts. Happy Holidays to you all and call or email if you have any problems, �Clgtm Grant Award Package and Instructions Outlined below are the general guidelines and instructions for completing and submitting the Miami -Dade Cultural Affairs grant award package. The items needed to submit your contract documents for grant payment will either be sent to you by your program administrator or are available for download from the Department of Cultural Affairs website, as specified below. If you have any questions or need assistance please contact me directly (305- 375 -2161) or danawa- miamidade.gov or Roseline Duberceau- Baptiste call (305) 375 -4634 or email r124 miamidade.gov . Your completed contract package should be assembled as follows (PLEASE DO NOT STAPLE DOCUMENTS): CHECKLIST ITEM — DOCUMENTS COPIES TOTALS CONTAINING ORIGINAL SIGNATURES U Grant Award Agreements (Article I - Signature Pagej 5 - 5 O General Terms and Conditions _ 5 5 for Grants (Articles II. III. IV and V 12/15/2009 Page 2 of 4 U Restatement of Project Budget 1 4 5 0 Universal Affidavit q 4 5 Q Organizational Board List 5 5 0 IRS W -9 Form q 1 2 O Bank Account Disclosure Form q This award package contains the following items: 5originals, Grant Award Agreement —Article I (1 page, single sided) Obtain from your program administrator and attached to this email General Terms and Conditions for Grants dated April 2008 (Articles ll, III, IV and V) (6 pages, may be double sided) Download document at ham:! /www.miamidadearts ora /orq resources aspx ) Restatement of Project Budget (3 pages, single sided) Download document at httn:/ /www miamidadearts ora /org resources aspx ) Universal Affidavit (4 pages, maybe double sided) Download document at htto:l /www miamidadearts org /orq resources aspx ) IRS Form W -9 (4 pages, may be double sided — only submit page 1 of form) Download document at http: //w rw miamidadearts org /org resour,__.__ ces aspx ) Bank Account Disclosure Form (1 page, single sided) Download document at htto• / /www miamidadearts org /orq resources aspx ) Logo and Credit Compliance Requirements (1 page, single sided) Download document at bW: / /www mi mmidadeart5.org /org resources aspx ) Universal Final Report Form (6 pages, single sided) Download document at http: / /www.miamidadearts ora /orq resources a.) Guidelines for Completing the Universal Final Report Form (4 pages) Download document at http: / /www.m!amidadearts ora /orq resources asox ) Grant Award Agreement - contract Package Instructions 12/15/2009 Page 3 of 4 In order to accept this grant award, you must: 1. Sian and affix your corporate seal to each of the five f5 originals of the Grant Award Agreement — Article I under the section labeled "Grantee." If the corporate seal is unavailable, an official copy of the organization's Articles of Incorporation must be included with each copy of the Agreement. Two (2) original signatures from authorized representatives of the organization are required on each of the five (5) copies. 2. General Terms and Conditions for Grants (Articles 11 III IV and V) dated April• 2008. This document outlines the conditions governing your grant contract with Miami -Dade County. Please make sure that you understand all sections. Call me at 305 - 375 -5024 with any questions you might have. 3. Complete the Restatement of Project Budget form. The restatement should correspond to your original /approved application project budget (you may obtain a copy from your program administrator), but it should reflect the exact grant amount recommended and any reduced or new revenues. There is a section to specifically note any changes to the Project Narrative as it was originally submitted in your application. This form will be attached to your Agreement as the binding budget figures governing the Agreement. Please note, this form requires an original signature. 'Please Note: Once your contract is executed you will not be able to after the categories or the amounts of grant award expenditures without the advance written permission of the Department Director (see Article 11.4 and Article 11.6). This means that when you prepare your final report for this grant, the Grant Award Budget on your report MUST BE IDENTICAL to the Grant Award Budget on your contract. 4. Complete the Universal Affidavit. W -9 and Bank Account Disclosure forms. Each section of the Universal Affidavit must be read and initialed indicating compliance with the related policy. For sections that you do not believe are applicable to your organization, please indicate this by placing "N /A" in the blank and your initials next to the "N /A." The Universal Affidavit is the only attachment to the.Agreement requiring a notarized signature. 5. Include a complete current list of your Board of Directors. Board members who are County employees must be identified as such and a written statement attached indicating the extent of involvement with the organization. 6. Please complete and return all contract documents as described above by the deadline date December 28 , 2009) indicated by vour program administrator to avoid delays. A box will be available at the front desk titled Community Grants 2Q Contracts. Just place your contract packages in the box and give us time to review. You may also call Roseline Duberceau- Baptiste at 305 - 375 -5895 who can also assist you. RETURN COMPLETED PACKAGE TO: Dana Pezoldt Community Grants Program Administrator Miami -Dade County Department of Cultural Affairs 111 NW 1 at Street, Suite 625 12/15/2009 Page 4 of 4 Miami, Florida 33128 Please also note, all grantees are required to complete a final report form at the conclusion of your project as outlined in Article IL 6 of your grant agreement. You may download a copy of the Universal Final Report Form from the Department website at www.miamidadearts ora (click on Grants / Organizations / Grantee Resources / Final Report Forms — Universal Final Report Form), You may also download instructions for completing the Universal Final Report form from the Department website (click on Grants / Organizations /Grantee Resources /Final Report Forms — Universal Final Report Form Guidelines) Dana Pezoldt, Projects Administrator Miami -Dade County Department of Cultural Affairs 111 N.W. First Street, Suite 625, Miami, FL 33128 305 - 375 -2161 Phone 305 - 375 -3068 Fax danap_@r iamidade aov www miamidadearts,oro www.miamidade aov Delivering Excellence Everyday" Miami -Dade County is a public entity subject to Chapter 999 of the Florida Statutes concerning public records, E -mail messages are covered under such laws and thus subject to disclosure, 12/15/2009 December 11, 2009 ORGANIZATION: City of South Miami - Parks and Recreation (FEI# 59- 6000431) 6130 Sunset Drive South Miami, FL 33143 CONTACT NAME: Roger Carlton GRANT AWARD: FY 2009 -2010 Community Grants Program AWARD: $1,500 Dear Mr. Carlton: Cultural Affairs 111 NW 1st Street • Suite 625 Miami, FL 33128 -1994 T 305 - 375 -4634 F 305 - 375 -3068 miamidadearts.org miamidade.gov It is my great pleasure to announce that on Tuesday, October 13, 2009, the Board of County Commissioners and Mayor Alvarez approved funding for the Department of Cultural Affairs /Cultural Affairs Council's competitive grants programs for FY2009 -2010. The County Commission and the Mayor adopted the recommendation of the peer review panel and the Cultural Affairs Council to provide a Community Grants Program award in the amount of $1500 to City of South Miami - Parks and Recreation for its South Miami MLK, Jr. Parade. Attached are your grant agreements and other items necessary for the processing of this award. Please be sure to print and read all documents and follow the enclosed instructions carefully. ALL materials must be completed and returned by 4 PM on 1212812009. Please carefully and thoroughly consider the feasibility of accomplishing your grant supported projects and programs successfully with the level of funding awarded. Season activities and programs toward which grant funds are being applied must be able to achieve the quality and impact described in your grant application and upon which the competitive evaluation was based if you need to consider making significant changes to your grant project as a result of current economic conditions and /or a reduction in anticipated revenues, please contact Department staff BEFORE executing your grant agreement. The inability to present the program for the purposes which are specifically described in Article 1.3 of your grant contract, designated `Project, "as documented In your application and in accordance with the published guidelines of the Community Grants Program could result in a breach of contract, forcing the cancelation of this grant and the repayment to the County of any disbursed grant funds. Your FY 2009 -2010 grant award will be available for release during the County's fiscal year (October 1, 2009 - September 30, 2010), after the Clerk of the Board certifies and confirms the FY2010 Budget Ordinance, and contracts for your grant award are fully and duly executed. Final reports are due within 45 days of project completion. All funding allocations and are subject to the availability of funds. deemed complete. This report Is due within 45 days of grant project completion. A copy of the Universal Final Report Form is also available on the Department's website at www.mlamidadearts.orm (click on Grants / Organizations / Grantee Resources / Reporting Process - Universal Final Report Form). Also, please remember that grant funds not encumbered (contracted for) by the end of the County's fiscal year in which they were awarded, or for which a project extension has not been approved, revert to the Department of Cultural Affairs on September 30th. If you have questions or need assistance, please call Dana Pezoldt at 305 - 375.2161 or email me at danapOniamidade.00v . Best wishes for your 2009 -2010 seasons Sincerely, 1�"7kt5— Michael Spring, Directory enc. M The Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Mayor and the Board of County Commissioners are pleased to announce that Miami -Dade County has awarded a grant as described herein to City of South Miami - Parks and Recreation (hereinafter referred to as the Grantee). The grant award, acknowledging that the Grantee is performing a public service through its programs and projects, is awarded as follows: 1. GRANTEE: 2. AMOUNT OF GRANT 3. PROJECT: 4. ITEMIZED PROJECT BUDGET: 5. GRANT START DATE: 6. GRANT END DATE: 7, REPORT DEADLINE: GRANTEE AND GRANT DESCRIPTION City of South Miami - Parks and Recreation (EIN# 59- 6000431) 6130 Sunset Drive South Miami, FL 33143 $1,500 South Miami MLK, Jr. Parade (as described in the program application and any revisions attached hereto) (as described in the Restatement of Project Budget attached hereto) February 13, 2010 February 13, 2010 March 30, 2010 The Parties hereto have executed this Agreement on the _ day of , 20 MIAMI -DADE COUNTY, FLORIDA, by its BOARD OF COUNTY COMMISSIONERS: Clerk, Miami -Dade County Board of County Commissioners County Manager /Designee GRANTEE: Articles I, 11, III, IV and V, together with their exhibits, the Restatement of Project Budget, original application and Universal Affidavit, make up this grant award contract. In signing this article, the undersigned officials, on behalf of the Grantee, certify that they have read and will abide by the terms and considerations set forth in the General Terms and Conditions for Grants (Articles II, III, IV and V) dated April, 2008 as provided with the grant award package, and with those provisions outlined in the notarized and attached Universal Affidavit. Further, the Grantee agrees that the funded project will be executed in substantially the form outlined in the original application as approved for funding; in accordance with the program guidelines of the Community Grants Program program and within the scope of budget submitted in the attached Restatement of Project Budget. (Grantee's Corporate Seal) Signature Authorized Official #1 Printed Name /Title Authorized Official #1 Signature Authorized Official #2 Printed Name /Title Authorized Official #2 Approved for form and legal sufficiency by the Miami -Dade County Attorney (4/2008), ARTICLE II 1. Parties: The parties to the Grant Award Agreement, which shall be referenced herein as the "Agreement," are the Grantee listed in Article 1.1, and Miami -Dade County, Florida, a political subdivision of the State of Florida. The Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County, and further provides that all functions not otherwise specifically assigned to others under the Charter, shall be performed under the supervision of. the County Mayor or his designee. The County Mayor has delegated the responsibility of administering this grant to the Director of the Miami -Dade County Department of Cultural Affairs, who shall be referred to herein as the "Director." 2. Amount and Payment of Grant Award: The total amount of the grant is specified in Article 1.2. By making this grant, Miami -Dade County assumes no obligation to provide financial support of any type whatever in excess of the total grant amount. Cost overruns are the sole responsibility of the Grantee. Grant funds will be supplied to the Grantee once the award is approved and subject to the conditions and limitations as outlined in the Agreement and its accompanying articles and attachments, Miami -Dade County's obligation to pay the award under the Agreement is contingent upon an appropriation by the Miami -Dade County Mayor and the Board of County Commissioners and on the availability of funds. In the event that County funds on which the Agreement is dependent do not materialize or are withdrawn, the Agreement is terminated and the County has no further liability to the Grantee, beyond that already incurred by the termination date. in the event of a County revenue shortfall, the total grant will be reduced accordingly. Such termination or reduction of the total grant shall not affect the responsibility of the Grantee under the Agreement as to those funds distributed. 3. Project Description: The Grantee may use the grant only for the purposes which are specifically described in Article 1.3, designated "Project,' as documented in the Grantee's program application and in accordance with the published guidelines of the grant program through which this grant is being awarded. Any necessary changes in the scope of the project are cited in the attached Restatement of Project Budget. Further, it is expressly understood and agreed that the Grantee's program(s) supported by these grant funds must be open and accessible to the public, provide public exposure and benefit the public unless otherwise noted under Article V, "Special Conditions," of the Agreement. Minor project revisions believed to be necessary for the purpose of completing the project, but which do not substantially alter the original project, its quality, impact, or benefit to the organization, the County or its citizens, must be requested in writing to the Director sufficiently prior to implementation of revisions for the Director's approval. Minor revisions include, but are not limited to those affecting project scope, venue, timeframe and participants. The Director will make the final determination on revisions within fourteen (14) business days of the date of receipt of the request in the Department of Cultural Affairs' offices, 4. Project Budget: The Grantee agrees to demonstrate fiscal stability and the ability to administer grant funds responsibly and in accordance with standard accounting practices by developing and adhering to a project budget that is based upon reasonable revenue development and expenditures projected to accomplish the project covered under the Agreement. This budget is referenced in Article 1,4 and Is attached to the Agreement as the Restatement of Project Budget, and the Grantee agrees that all expenditures will be subject to the terms of the Agreement and will not significantly deviate from the budget included as a part of the Grantee's program application or funding request information provided to the Miami -Dade County Department of Cultural Affairs. The Grantee agrees and expressly understands that any grant budget revisions including line item changes necessary for the purpose of completing the project must be requested in writing to the Director for his consideration prior to the Grant End Date stated in Article 1.6 and that any requested changes may not exceed twenty-five percent (25 %) of the total amount of the grant award. The Director will approve or disapprove the Grantee's request in writing within fourteen (14) business days of the date of receipt of the request in the Department's offices. 5. Grant End Date: The Grantee shall encumber all grant and matching funds on or before the Grant End Date as outlined in Article 1.6. Any grant funds not encumbered by the Grant End Date or for which a project extension has not been requested, or any encumbered funds not expensed within forty -five (45) days of the Grant End Date shall revert to the Department and the Agreement shall be terminated in accordance with Article 11.14. A project extension may be requested in writing from the Director at least thirty (30) business days prior to the Grant End Date. The Director, at his discretion, may grant an extension of up to page i of 6 General Terms and conditions for Grants (4/2068) one (1) year of the Grant End Date so long as such extension will not significantly alter the project Including its quality, impact, or benefit to the organization, the County or its citizens. 6. Report Deadline: To demonstrate that the Grantee has used the grant award for the project as approved (Article 1.3.) and the Itemized Project Budget (Article 1.4.) as attached to the Agreement as the Restatement of Project Budget, and has met and fulfilled all requirements as outlined in the Agreement, original application, and any other substantive materials as may be attached or included as a condition to this grant award, the Grantee must submit to the Director or his designee, a written Final Report documenting that the Grantee is meeting or has fulfilled all project and financial requirements. This report is to be received by the Director or his designee by the date specified in Article 1.7. in the form specific to the program through which this grant is being awarded. The Grantee agrees and expressly understands that in making Final Report to the Department, any deviation from the grant expense budget attached to the Agreement as the Restatement of Project Budget must be requested in writing to the Director for his consideration prior to the Grant End Date stated in Article 1.6 and that any requested changes may not exceed twenty-five percent (25 %) of the total amount of the grant award. The Director, at his sole discretion, may require the Grantee to submit interim reports demonstrating progress on the project and accounting for project expenses to date. The Director may also require that a compilation statement or independent financial audit encompassing the entire grant period and accounting for the expenditure of grant funds be prepared by an independent certified public accountant at the expense of the Grantee. With the exception of grants made through the Major Cultural Institutions Grants Program, the Grantee shall attach to the Final Report, copies of original documentation conclusively demonstrating the expenditure of funds for the items indicated in the Restatement of Project Budget as grant award expenses. Documentation shall include, but not be limited to, copies of original bills, invoices, vouchers, receipts, and copies of canceled checks (front and rear) clearly designating payment for expenses associated with the event. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures. In the case of grants made through the Major Cultural Institutions Grants Program, the Grantee shall submit an independent financial audit of the fiscal year encompassing the grant period as part of its Final Report. If an audit is not prepared in time to meet the Final Report deadline, a compilation statement encompassing the grant period prepared by an independent certified public accountant or corporate financial officer, attesting to the Grantee's financial position as reported and to the Grantee's total compliance with the provisions of the grant, may be submitted in the interim until such time as the final audit Is available. In the event that the Grantee fails to submit the required Final Report by the deadline date specified in Article 1.7., the Director may. terminate the Agreement in accordance with Article 11.14. Further, the Director or his designee must approve this report before the Grantee is deemed to have met all conditions of the grant award. 7. Program Monitoring and Evaluation: The Director or his designee may monitor and conduct an evaluation of the Grantee's operations and the project for which this grant is provided, which may include visits by County representatives to: observe the project or Grantee's programs, procedures, and operations; discuss the Grantee's programs with the Grantee's personnel; and /or evaluate the public impact of these funded events and activities. Upon request, the Grantee shall provide the Director with notice of all meetings of its Board of Directors or governing board, general activities and project - related events. In the event the Director or his designee conclude, as a result of such monitoring and /or evaluation, that the Grantee is not in compliance with the terms of the Agreement, is not fulfilling other program requirements or stipulations for which this Grant has been provided or for other reasons which significantly impact on the Grantee's ability to fulfill the conditions of this grant award, the Director or his designee must provide in writing to the Grantee, within thirty (30) days of the date of said monitoring /evaluation, notice of the inadequacy or deficiencies noted which may significantly impact on the Grantee's ability to complete the project or fulfill the terms of the Agreement within a reasonable time frame. if Grantee refuses or is unable to address the areas of concern within thirty (30) days of receipt of such notice, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. Further, in the event that the Grantee refuses or is unable to address the areas of concern and the grant award has been disbursed in full or in part, then the Director may request the return of the full or partial grant payment. At the Director's sole discretion, a Grantee found to be deficient or in default of a previous grant contract may be declared permanently ineligible to apply to the Department of page 2 of 6 General Tens and conditions for Grants (4/2008) Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. If Grantee is not in compliance with the conditions of any other County agreement, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. 8. Bank Accounts: Monies received pursuant to the Agreement shall be kept in accounts in established Florida banks, credit unions or savings and loan associations whose identity shall be disclosed in writing, with the identity and title of individuals whom the Grantee authorizes to withdraw or write checks on grant funds from the banking institution identified on the "Bank Account Disclosure" form submitted by the Grantee. These accounts need not be accounts which are segregated from other accounts maintained by the Grantee. However, it is highly recommended that the Grantee maintain a separate account for these grant funds. 9. Accounting and Financial Review: The Grantee must keep accurate and complete books and records for all receipts and expenditures of this grant award and any matching funds required in conformance with reasonable general accounting. standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after: the Grant End Date specified in Article 1.6.; the expiration of an extended grant period as approved by the Director; the completion of a County requested or mandated audit or compliance review; the conclusion of a legal action involving the grant award, the Grantee and /or project or activities related to the grant award. The Director or his designee may examine these books, records and documents at the Grantee's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the Director may, upon reasonable notice and at the County's expense, audit or have audited all financial records of the Grantee, whether or not purported to be related to this grant. 10. Publicity and Credits: The Grantee must include the following credit line in all promotional and marketing materials related to this grant including web sites, news and press releases, public service announcements, broadcast media, event programs, and publications: "With the support of the Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Miami -Dade County Mayor and Board of County Commissioners." The grantee must also use the Department's logo in marketing and publicity materials whenever possible. Please call the Department to request an electronic logo file or download it from our website (www miamidadearts.org). By accepting County funds, the grantee is required to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of its activities at comparable dollar levels. Grantees through the Department's All Kids Included initiative, Summer Arts and Science Camps for Kids (SAS -C), Youth Arts Enrichment program (YEP), and Youth Arts Miami (YAM) grants programs must include The Children's Trust logo (available for download at wwwthechildrenstrustorg /MediaK!t.asp) and the following statement in all materials related to the grant project, including but not limited to newsletters, press releases, brochures, fliers, websites or any other materials for dissemination to the media or general public: "The (insert event/program name) Is funded by The Children's Trust. The Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County.'. Note: in cases where funding by The Children's Trust represents only a percentage of the grantee's overall funding, the above language can be altered to read: "The (insert event/program name) is funded In part by The Children's Trust ........... 11. Liability and Indemnification It is expressly understood and intended that the Grantee, as the recipient of grant funds, is not an officer, employee or agent of Miami -Dade County, its Board of County Commissioners, its Mayor, the Department of Cultural Affairs or the Cultural Affairs Council. Further, for purposes of the Agreement and the grant project or activity, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors. page 3 of 6 General Terms and conditions for Grants (4 12006) The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and /or subcontractors shall not act as nor give the appearance of that of an agent, servant, joint venturer, collaborator or partner of the Department of Cultural Affairs, the Cultural Affairs Council, the Miami -Dade County Mayor, the Miami -Dade County Board of County Commissioners, or its employees. The Grantee agrees to be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in the Agreement, including entering into subcontracts with vendors for services and commodities, provided that it is understood by the Grantee that Miami -Dade County shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract, and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Grantee shall Indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or Instrumentalities may incur as a result of claims, demands, law suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. The Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the County, where applicable including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The Grantee expressly understands and agrees that any insurance protection required by the Agreement or otherwise provided shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the County or its officers, employees, agents and instrumentalities as herein provided. 12. Assignment: The Grantee is not permitted to assign this grant award or any portion thereof. Any purported assignment will render this grant null and void and the Grantee shall be subject to immediate rescission of the full amount of the grant award and reimbursement by the Grantee of its full value to the County. 13. Compliance with Laws: It shall be a contractual obligation of the Grantee hereunder, that during the term of the Agreement, the Grantee agrees to abide by and be governed by all applicable federal, state and county laws and the terms of grants made to Miami -Dade County and the Miami -Dade County Department of Cultural Affairs and Cultural Affairs Council, of which this grant is a sub grant, including, but not limited to the following Miami -Dade County Ordinances, Resolutions, sections of the County Code and federal laws: (a) County Ordinance No. 72 -82 - Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance - as amended, which is incorporated herein by reference as if fully set forth herein; (b) Section 2 -8.1- of the Miami -Dade County Code - Ownership Disclosure; (c) County Ordinance No, 90 -133- Amending Sec. 2 -8.1; (d)(2) - Employment Disclosure; (d) Section 2 -8.6 -of the County Code - Criminal Record; (e) County Resolutions R- 202 -96, R- 206 -96, R- 13211 -99; (f) County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code - Employment Drug -free Workplace; (g) County Ordinance No. 142 -91 codified as Section 11A -29 et, seq. of the County Code — Family Leave; County Resolution R- 385 -95 - Miami -Dade County Disability Nondiscrimination Affidavit, incorporating the following Federal laws and Acts: (1) The Americans with Disabilities Act of 1990 (ADA), Pub.L. 101 -336, 104 Stat. 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title i, Employment; (2) Title Ii, Public Services; (3) Title III, Public Accommodation and Services Operated by Private Entities; and Section 504 of the Rehabilitation Act of 1973; (4) Title IV, Telecommunications; (5) Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973,29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair House Act as amended, 42 U,S.C. Section 3601 - The foregoing requirements of this section shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State; (h) Section 2 -8.1 (c) of the County Code regarding Delinquent and Currently Due Fees or Taxes; page 4 or 6 General Terms and Conditions for Grants (4/2008) Resolution R- 1206 -97 regarding Welfare Reform Work Participation The Grantee has certifiably indicated compliance with these laws, ordinances and resolutions by properly executing the affidavits attached hereto. Further, all funded activities must provide equal access and equal opportunity in employment and services, and may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 as amended (42 U.S.C. 20004 et sec.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Miami -Dade County ordinances No. 97 -170, § 1, 2 -25 -97 and No. 98 -17, § 1, 12.1 -98. 14. Remedies: In the event the Grantee shall fall to materially conform with any of the provisions of the Agreement or its attachments referenced herein, the Director may withhold or cancel all, or any, unpaid installments of the grant upon giving five (5) calendar days written notice to the Grantee, and the County shall have no further obligation to the Grantee under the Agreement. Further, in the event of a material breach of any term or condition of the Agreement, upon five (5) calendar days written demand by the Director, the Grantee shall repay to Miami -Dade County all portions of the grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. In the event this grant is canceled or the Grantee is requested to repay grant funds because of a breach of the Agreement, the Grantee may be declared permanently ineligible to apply to the Department of Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. Further, the Grantee will be liable to reimburse Miami -Dade County for all unauthorized expenditures discovered after the expiration of the grant period. The Grantee will also be liable to reimburse the County for all lost or stolen grant funds. Grant funds which are to be repaid to Miami -Dade County pursuant to this Section or other Sections in the Agreement, are to be repaid by delivering to the Director a certified check for the total amount due, payable to the Miami -Dade County Board of County Commissioners. These provisions do not waive or preclude the County from pursuing any other remedy, which may be available to it under the law. 15. Indulgence Will Not Be A Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of the Agreement shall not be deemed to constitute a waiver of the provision or any portion of the Agreement either at the time the breach or failure occurs or at any time throughout the term of the Agreement. 16. Written Notices: Any written notices required under the Agreement will become effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1.1 of the Agreement, and to the Director when addressed as follows: Director, Miami -Dade County Department of Cultural Affairs, 111 NW First Street, Suite 625, Miami, Florida 33128. 17. Captions Used in the Agreement: Captions as used in the Agreement are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 18. Contract Represents Total Agreement: The Agreement, including its special conditions and attachments, represents the whole and total agreement of the parties. No representations, except those contained within the Agreement and its attachments, are to be considered in construing its terms. Other than as specified in this agreement, no modifications or amendments may be made to the Agreement unless made in writing, signed by both parties, and approved by appropriate action by the Miami -Dade County Board of County Commissioners and Mayor. ARTICLE III • INSURANCE The Grantee must maintain and shall furnish upon request to the Director or his designee, certificates of insurance indicating that insurance has been obtained which meets the requirements as outlined below: Page 5 orb General Teens and conditions for Grants (412008) I . Workers' Compensation Insurance for all employees of the Grantee as required by Chapter 440 Florida Statutes. 2. Public Liability Insurance on a comprehensive policy in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the project, In an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1. The Company must be rated no less than "B" as to the management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oidwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division; or, 2. The Company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida," issued by the State of Florida Department of Insurance, and is a member of the Florida Guaranty Fund. Certificates must indicate that no modification or change in insurance shall be made without thirty (30) days advance written notice to the certificate holder. Modification or waiver of any of the aforementioned insurance requirements is subject to the approval of the County's Risk Management Division. The Grantee shall notify the County of any intended changes in insurance coverage, including any renewals of existing policies. ARTICLE IV - TERMINATION If, for any reason, the Grantee shall fail to fulfill in a timely and proper manner Its obligations under the Agreement, or should violate any of the covenants, agreements, or stipulations of the Agreement, the County shall thereupon have the right to terminate the Agreement by giving written notice to the Grantee of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Notwithstanding the above, the Grantee shall not be relieved of liability to the County by virtue of any breach of the Agreement by the Grantee, and the County may withhold any payments to the Grantee until such time as the exact amount of damages due to the County from the Grantee is determined. ARTICLE V - SPECIAL CONDITIONS Indirect costs may not be assigned to, charged against or debited from County grant funds. page 6 of 6 General Terms and conditions for Grants (412008) MIAMI•DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS RESTATEMENT OF PROJECT BUDGET Fiscal Year Progra. Organization Name: Project Title: Dates of Activities: Describe any necessary changes to the project that differ from the original grant application: Numbers of Ch)IdrenlYouth to be Served: # of Infants I Preschool (Ages 0.5): Attending, Participating and /or Performing COMBINED # of Children (Ages 6.12): # of Youth (Ages 1318): TOTAL # of ChildrenlYouth: # of ChildrenNouth with Disabilities: Note: only young adults with disabilities If of Young Adults with Disabilities (Ages 19.22): ages 19 -22 are to be counted here: L PARTICIPATION: Audience /Attending: Performinglinstructing: All Adults PLUS All Children COMBINED Restatement of Project Budget 112.29.09) Page 1 of 3 Itemize cash expenses to be expended from the grant award. Expenditures must equal the total amount of the grant award as listed on the Grant Award Agreement. Round amounts to the nearest dollar (do not show cents). NOTE: The items specified in this budget must correspond with the Grant Dollars Allocated column of the Project Expense Budget on your original applica- tion form. PERSONNEL GRANT AWARD ADMINISTRATIVE: ARTISTIC: TECHNICAL: OUTSIDE ARTISTIC FEES: OUTSIDE OTHER FEES: MARKETINGIPUBLICITY PRINTING POSTAGE IN COUNTY TRAVEL OUT OF COUNTY TRAVEL EQUIPMENT RENTAL EQUIPMENT PURCHASE SPACE RENTAL INSURANCE UTILITIES SUPPLIESIMATERIALS OTHER COSTS (ITEMIZE: TOTAL GRANT AWARD: Restatement of Project Budget (12.29.09) Page 2 of 3 List cash and in-kind expenses and revenues specifically identified with your project/season. Round amounts to the nearest dollar (do not show cents). NOTE: Total project expenses and revenues must equal. CASH EXPENSES IN-KIND PERSONNEL ADMISSIONS ADMINISTRATIVE: CONTRACTED SERVICES ARTISTIC: TUITIONS TECHNICAL: CORPORATE SUPPORT OUTSIDE ARTISTIC FEES: FOUNDATION SUPPORT OUTSIDE OTHER FEES: PRNATEIINDIVIDUAL SUPPORT MARKETINGIPUBLICITY GOVERNMENT GRANTS: PRINTING FEDERAL POSTAGE STATE IN COUNTY TRAVEL LOCAL OUT OF COUNTY TRAVEL CHILDREN'S TRUST (DIRECT FUNDING) EQUIPMENT RENTAL APPLICANT CASH ON HAND EQUIPMENT PURCHASE OTHER REVENUES (ITEMIZE): SPACE RENTAL INSURANCE UTILITIES SUPPLIESIMATERtALS OTHER COSTS (ITEMIZE): GRANT AWARD SUB TOTALS: TOTAL EXPENSES: Fs--] Prepared by: SIGNATURE TYPEDIPRINTED NAME SUB TOTALS: CASH REVENUES IN-KIND TOTAL REVENUES: Restatement of Project Budget (IZ29.09) Page 3 of 3 DATE TITLE MIAMI -DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS UNIVERSAL AFFIDAVITS Each section of this form must be read, and initialed indicating acceptance and /or compliance with the County's policy related to the particular affdavit, For affidavit sections that you do not believe are applicable to your organization, please indicate this by placing "NIA" in the blank and your initials next to the "NIA." ALL SECTIONS MUST BE COMPLETED, either with your initials indicating compliance or "N /A" indicating non - applicable. Sections not completed on the Affidavit will render the entire Universal Affidavit null and void and it will be returned to you for completion. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT, MIAMI - DADE COUNTY CRIMINAL RECORD AFFIDAVIT, and MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any departments or agencies thereof, the State of Florida or any political subdivision or agency thereof, or any municipality of this State. The MIAMI -DADE COUNTY FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies, the State of Florida or any political subdivision or agency thereof, it shall, however, pertain to municipalities of the State of Florida. being first duly sworn state: (Name of Affiant / Authorized Official) The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number Name of Entity, Individual(s), Partners, or Corporation Street Address City bune Lip Woe I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. if the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State of Florida or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): . Full Legal Name Address Ownership % 2. The full legal name and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with Miami -Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information In this regard, shall be punished by a fine of up to five hundred dollars ($500) or imprisonment in the County jail for up to sixty (60) days or both. Orlrrml Illi (64009) Pop I oj4 II. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133. Amending sec. 2.8 -1: Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with your employees? _ Yes —No 2. Does your firm provide paid health care benefits for its employees? _ Yes _ No 3. Provide current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. White: _ Males _ Females Black: _ Males _ Females Hispanic: _ Males _ Females Native American: _ Males _ Females Asian: _ Males _ Females Aleut (Eskimo): _ Males _ Females _ Males _ Females MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County _ has — has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past (10) years. IV. MIAMI -DADE COUNTY EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -81.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace; 2, the firm's policy of maintaining a drug -free environment at all workplaces; 3. availability of drug counseling, rehabilitation and employee assistance programs; 4. penalties that may be imposed upon employees for drug abuse violation's. The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. V. MIAMI -DADE COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section 11A -29 et. seq. of the County Code) That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Miami -Dade County for each working day during each twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: 0alrcmllPdt416Il009) NOV An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however pertain to municipalities of this State. VI. MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Start, 327, 42 U. S. C. 12101 -12213 and 47 U. S. C. Sections 225 and 611 including Title I, Employment; Title Ii, Public Services; Title III, Public Accommodation and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973, 29 U.S.C. Section 794: The Federal Transit Act, as amended 49 U .S. C. Section 1612: The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State. VII. MIAMI -DADE COUNTY AFFIDAVIT REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code). Except for small purchase orders and sole source contracts, the above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Miami -Dade County Tax Collector as well as Miami -Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. VIII. MIAMI -DADE COUNTY WELFARE REFORM WORK PARTICIPATION AFFIDAVIT (Resolution R- 702 -98, as amended by Resolution R- 358 -99). Please check one of the following options: This entity is a governmental entity and is therefore exempt from the provisions of Resolution No. R- 702 -98, as amended by Resolution R- 358 -99. This entity is a not- for - profit organization and is therefore exempt from the provisions of Resolution No, R -702- 98, as amended by Resolution R- 358 -99. _ This entity is a recipient of a grant award and is therefore exempt from the provisions of Resolution No. R -702- 98, as amended by Resolution, R- 358 -99. _ This entity has a contract with the County that results in actual payment of less than $500,000 and is therefore exempt from the provisions of Resolution No. R- 702 -98. _ This entity can demonstrate that five percent (5 %) of its work force consists of individuals who reside in Miami - Dade County and who have lost or who will lose cash assistance benefits (formerly Aid to Families with Dependent Children or "AFDC ") as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and therefore, requests a waiver of the requirements of Resolution No. R- 702 -98, as amended by Resolution R- 358.99. This entity has a contract with the County that results in actual payment of $500,000 or more, and therefore, will contribute to Project Fresh Start, the County's welfare -to -work initiative, based on the following scale: If the entity has a contract with the County that results in actual payment of an amount between: $500,000 to $1,000,000 then that entity shall contribute $5,000 $1,000,001 to $5,000,000 then that entity shall contribute $10,000 $5,000,001 to $10,000,000 then that entity shall contribute $20,000 $10,000,001 and over then that entity shall contribute $25,000 UairuwlI�idarib (611009) Np 3 0) 4 IX. ATTESTATION REGARDING DUE AND PROPER ACKNOWLEDGEMENT OF COUNTY FUNDING SUPPORT By initialing this subsection and accepting County funds, the above named firm, corporation, organization or individual agrees to abide by the grant contract requirement to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of Its activities at comparable dollar levels. I have carefully read this entire four (4) page document entitled, "Universal Affidavit" and have initialed all affidavits that pertain to this contract and have indicated by "NA" all affidavits that do not pertain to this contract. 10 (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this (Name of Affiant - Printed) He / She: ❑ has produced (Signature of Notary) (Type of Identification) (Name of Notary Typed, Printed or Stamped) State of Florida - County of aoirroal1060M IMAM Palle 4 of 4 (Date) day of as identification. Notary Public 20 by Imprint of Notary Seal -9 Request for Taxpayer Give form to the Fomn YY (Rev. October 2007) Identification Number and Certification requester. I not send to the RS. D ant of the Treasury ` internal Revenue service Name (as shown on your Income tax return) N N m Business name, If different from above a c 0 o. o Check appropriate box: ❑ individual /Sole proprietor ❑ Corporation ❑ Partnership .�: ❑ Unnited liability company. Enter the tax classification (D-disregarded entity, C= corporation, P= partnership) ► . _._. ❑ payee `0 2 ❑ Other (See instructions) ► c c 'c Address (number, street, and apt. or suite no.) Requester's name and address (optional) n 0 '0 N City, state, and 71P code m List account numbers) here (optional) N Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on Line 1 to avoid Soctal security number backup withholding, For Individuals, this Is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, It is your employer Identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose Employer idengncation number number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3, 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the Instructions on page 4. Sign Signature of Date 11- Here U.S, person 11- General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage Interest you paid, acquisition or, abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W -9, Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, In certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, If you are a U.S. person that Is a partner in a partnership conducting a trade or business In the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W -9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business in the United States Is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10 -2007) Form W -9 (Rev. 10 -2007) e The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W -9. Instead, use the appropriate Form W -8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W -9 that specifies the following five Items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S,-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W -9 a statement that Includes the Information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W -8. What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This Is called "backup withholding." Payments that may be subject to backup withholding include interest, tax - exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonempioyee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 Instructions on page 3 for details), 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the Instructions below and the separate Instructions for the Requester of Form W -9. Also see Special rules for partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. if you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and /or Imprisonment. Misuse of TINS. If the requester discloses or uses TINS In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an Individual, you must generally enter the name shown on your income tax return. However, If you have changed your last name, for Instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account Is in joint names, list first, and then circle, the name of the person or entity whose number you entered In Part 1 of the form. Sole proprietor. Enter your Individual name as shown on your Income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). Check the "Limited liability company" box only and enter the appropriate code for the tax classification ( "D" for disregarded entity, "C" for corporation, "P" for partnership) In the space provided. For a single- member LLC (including a foreign LLC with a domestic owner) that Is disregarded as an entity separate from its owner under Regulations section 301.7701 -3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's name on the "Name" line and any business, trade, or DBA name on the "Business name" line. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (Individual /sole proprietor, corporation, etc.). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line following the business name, sign and date the form. Form W -9 (Rev. 10 -2007) Generally, Individuals (Including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(1)(2), 2, The United States or any of Its agencies or Instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An International organization or any of Its agencies or instrumentalities. Other payees that may be exempt from backup withholding Include: 6, A corporation, 7. A foreign central bank of issue, 8. A dealer In securities or commodities required to register In the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate Investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described In section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions Exempt payees 1 through 5 and patronage dividends Payments over $600 required Generally, exempt payees to be reported and direct 1 through 7' sales over $5,000' 'See Form 1099 -MISC, Miscellaneous Income, and its instructions. 'However, the following payments made to a corporation (Including gross proceeds paid to an attorney under section 6045(1), even if the attorney Is a corporation) and reparable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, and payments for services paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN Is your IRS Individual taxpayer Identification number (ITIN). Enter it in the social security number box. If you do not have an ]TIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or FIN, However, the IRS prefers that you use your SSN. If you are a single- member LLC that Is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner's SSN (or FIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov, You may also get this form by calling 1 -800- 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer Identification Number, to apply for an ]TIN, or Form SS -4, Application for Employer Identification Number, to apply for an FIN. You can apply for an EIN online by accessing the IRS webslte at www.irs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W -7 and SS -4 from the IRS by visiting www.irs.gov or by calling 1- 800 -TAX -FORM (1 -800- 829 - 3676). If you are asked to complete Form W -9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give It to the requester. For Interest and dividend payments, and.certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on alf such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W -8. Part II, Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W -9. You may be requested to sign by the withholding agent even if Items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN Is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Form W -9 (Rev. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonompioyee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (Including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1.. Individual The Individual 2. Two or more Individuals Quint The actual owner of the account or, account) if combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor- trustee' trust (grantor is also trustee) b. So- called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an Individual For this type of account: Give name and EIN of: 6. Disregarded entity not owned by en The owner Individual 7. A valid trust, estate, or pension Must Legal entity' e. Corporate or LLC electing The corporation corporate status on Form 8632 9. Association, club, religious, The organization charitable, educational, or other tax - exempt organization 10. Partnership or multi- member LLC The partnership 11. A broker or registered nominee The broker or nominee 12. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments Ust flan and circle the name of the person whose number you furnish, if only one person on a foist account has an SSN, that person's number must be fumished. �Clmie the minors name and furnish the minor's SSN. YOU must show your Individual name and you may also enter your business or -TRN" name on the second name fino. You may use either your SSN or EIN (if you have one), ran the IRS encourages you to use your SSN. 4 list first and circle the name of the trust, estate, or pension trust, (Do not furnish the TIN of the personal tepresentaYVe or trustee unless the legal entity Itself is not designated In the account title) Also sue Spsclef mlos forpartnorshlps on pnga i. Note. If no name Is circled when more than one name Is listed, the number will be considered to be that of the first name listed Page 4 Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other Identifying information, without your permission, to commit fraud or other crimes. An Identity thief may use your SSN to get a Job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax prepares Calf the IRS at 1- 800 - 829 -1040 If you think your Identity has been used Inappropriately for tax purposes. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAB) assistance. You can reach TAB by calling the TAS toll -free case Intake line at 1- 877 - 777 -4778 or TTY/TDD 1 -800- 829 -4059. Protect yourself from suspicious emails or phishing schemes. Phishing Is the creation and use of email and websites designed to mimic legitimate business Smalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user Into surrendering private Information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@im.gov. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1- 800- 366 -4484. You can forward suspicious smalls to the Federal Trade Commission at: spars @uce.gov or contact them at www.consumergov7ldtheft or 1- 877- IDTHEFT(438- 4338). Visit the IRS website at www.frs.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file Information returns with the IRS to report Interest, dividends, and certain other Income paid to you, mortgage Interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or NSA, The IRS uses the numbers for identification purposes and to help sadly the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to clues, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this Information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. m O6MI]DR OiJIM QMMVUNKF- OR TO WPM olm. *Mdl7 BMA(MU DISQQONRE fOR(A "W Mx) (Deft) RESOLUTION NO.: 02 -05-12811 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MiAMi -DADS COUNTY BY AND THROUGH ITS DEPARTMENT OF CULTURAL AFFAIRS IN AN AMOUNT OF $1,569.00 FOR THE SOUTH MIAMI DR. MARTIN LUTHER KING (MLK), JR. PARADE PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miaml -Dade County Department of Cultural Affairs has awarded a grant to the City of South Miami; and WHEREAS, the Mayor and City Commission wish to accept the grant with Miami -Dade County Department of Cultural Affairs; and . WHEREAS, the grant agreement will allow the City to enhance its MLK, Jr. Parade; and WHEREAS, the City Manager is authorized to execute the grant agreement in the amount of $1,569.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement with Miami -Dade County Department of Cultural Affairs for $1,569.00 for the MLK, Jr. Parade. Section 2: The attached exhibit is Incorporated by reference into this resolution. PASSED AND ADOPTED this � day of 2009. ATTEST: APPROVED: �O CITY CLERK MAYOR READ AND APPROVED AS FORM: COMMISSION VOTE: 4 -0 .__ Mayor Feliu: Yea —� — Vice Mayor Beasley: Yea Commisslorier Palmer: Yea Cl ORNEY Commissioner Beckman: Yea Include He Name and Path South Miami soury N9 CITY OF SOUTH MIAMI �" 1927 P OFFICE OF THE CITY MANAGER G � R1 2007 INTER- OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Carol M. Aubrun Grants Writer and Administrator Date; January 6, 2009 Agenda Item No.:_ Subject: City of South Miami's grant with Miami -Dade County Department of Cultural Affairs for the Martin Luther King, Jr. Parade. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY BY AND THROUGH ITS DEPARTMENT OF CULTURAL AFFAIRS IN AN AMOUNT OF KING $1,569.00 FOR THE SOUTH MIAMI DR. MTIN PARADE PROGRAMMING; AND PROVID NG FOR ANTEFFECTIVE (MLK) FF CTI E(DATE�. JR. Request: To authorize the City Manager to execute a grant agreement with Miami -Dade County Department of Cultural Affairs for the MLK, Jr. Parade. Reason/Need: The City of South Miami has been awarded funds for the MLK, Jr. Parade from Miami -Dade County Department of Cultural Affairs as part of its Community Grants Program. The event will take place in February 2009. There is a 1:1 required match that will come from the City's special events appropriation. Cost: N/A Funding Source: Miami -Dade County Department of Cultural Affairs Backup Documentation: • Proposed Resolution • Proposed Contract The Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the. Mayor and the, Board of County . Commissioners are pleased to announce that Miami -Dade County has awarded a grant as described herein to City Of Miami. programs and referred to protects, as awarded Grantee), ,lowe grant award, acknowledging that the Grantee Is performing a public service through its GRANTEE AND GRANT DESCRIPTION 1. GRANTEE: 21 AMOUNT OF GRANT: 3, PROJECT: 4. ITEMIZED PROJECT BUDGET: 6. GRANT START DATE: 6. GRANT END DATE: 7. REPORT DEADLINE: City of South Miaml(EIN# 696000431) 6130 Sunset Drive South Miami, FL 33143 $1,669 South Miami MLK Parade (as described In the Re Restatement Project Budget aittached hereto) hereto) 2/16/2009 2/16/2009 4/2/2009 The Parties hereto have executed this Agreement on the u, day of MIAMI -DADS COUNTY, FLORIDA, by Its BOARD OF COUNTY COMMISSIONERS: Clerk, Miami -Dade County Board of County Commissioners County Manager/Designes GRANTEE: Articles I, II, 111, IV and V, together with their exhibits, the Restatement of Project Budget, original application and Universal Affidavit, make up this grant award contract In signing this article, the undersigned officials, on behalf of the Grantee, certify that they have read and will abide by the terms and considerations set forth In the General Terms and Conditions for Grants (Articles II, III, IV and V) dated April, 2008 as provided with the grant award package, and with those provisions outlined In the notarized and attached Universal Affidavit. Further, the Grantee agrees that the funded project will be executed In substantially the form outlined in the original application as approved for funding; in accordance with the program guidelines of the Commun/ty Grants Program program and within the scope of budget submitted in the attached Restatement of Project Budget. (Grantee's Corporate Seat) Signature Authorized Official 01 Printed NameMile Authorized Official #1 Signature Authorized Official #2 Printed Namerrltle.Authorized OMclal #2 Approved for form and legal sufficiency by the Miami -Dade County Attorney (412008). ARTICLE II 1. Parties: The parties to the Grant Award Agreement, which shall be referenced herein as the "Agreement," are the Grantee listed in Article L1, and Miami -Dada County, Florida, a political subdivision of the State of Florida. The Nome 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 Io others under the Charter, shall be performed under the supervision of the County Mayor or his designee. The County Mayor has delegated the responsibility of administering this grant to the Director of the Mlaml -Dade County Department of Cultural Affairs, who shall be referred to herein as tho "Director." 2. Amount and Payment of Grant Award: The total amount of the grant is specified in Article 11 By making this grant, Miami -Dade County assumes no obligation to provide financial support of any type whatever in excess of the total grant amount. Cost overruns are the sole responsibility of the Grantee. Grant funds will be supplied to the Grantee once the award is approved and subject to the conditions and limitations as outlined in the Agreement and its accompanying articles and attachments. Miami -Dade County's obligation to pay the award under the Agreement is contingent upon an appropriation by the Miami -Dade County Mayor and the Board of County Commissioners and on the availability of funds, in the event that County funds on which the Agreement is dependent do not materialize or are withdrawn, the Agreement Is terminated and the County has no further (lability to the Grantee, beyond that already incurred by the termination date. In the event of a County revenue shortfall, the total grant will be reduced accordingly. Such termination or reduction of the total grant shall not affect the responsibility of the Grantee under the Agreement as to those funds distributed. 3. Protect Description: The Grantee may use the grant only for the purposes which are specifically described In Article 1.3, designated "Project; as documented In the Grantee's program application and in accordance with the published guidelines of the grant program through which this grant Is being awarded, Any necessary changes in the scope of the project are cited in the attached Restatement of Project Budget. Further, It is expressly understood and agreed that the Grantee's program(s) supported by these grant funds must be open and accessible to the public, provide public exposure and benefit the public unless otherwise noted under Article V, "Special Conditions,° of the Agreement, Minor project rev sions bel(eved to be necessary for the purpose of completing fhe project, but which do not substantially alter the original protect, Its quality, impact, or benefit to the organization, the County or its citizens, must be requested r writing to the Director sutflclently prior to implementation of revisicns for the Director s approval. Minor re nsions inciuda, but are not limited to those affecting project scope, venue, timeframe and padfcipanfs. Tha Director will make the anal doiermination on revisions within fourteen (14) business days of the date of race(pF of the request in the Depadment of Cuiturai'Affairs' o ces. 4. project Budget: The Grantee agrees to demonstrate fiscal stability and the ability to administer grant funds responsibly and In accordance with standard accounting practices by developing and adhering to a project budget that is based upon reasonable revenue development and expenditures projected to accomplish the project covered under the Agreement, This budget Is referenced in Article 1,4 and is attached to the Agreement as the Restatement of Project Budget, and the Grantee agrees that all expenditures will be subject to the terms of the Agreement and will not significantly deviate from the budget included as a part of the Grantee's program application or funding request information provided to the Mlomi -Dade County Department of Cultural Affairs, The Grantee agrees and expressly understands that any grant budget revisions Including line item changes necessary for the purpose of completing the project most be requested in writing to the Director for his consideration prior to the Grant End Date stated in Article 1.6 and that any requested changes may not exceed twenty -five percent (26 %) of the total amount of the grant award. The Director will approve or disapprove the Grantee's request In writing within fourteen (14) business days of the date of receipt of the request In the Deparlment's offices. S. Grant End Date: The Grantee shall encumber all grant and matching funds on or before the Grant End Date as outlined in Article I.B. Any grant funds not encumbered by the Grant End Date or for which a project extension has not been requested, or any encumbered funds not expensed within forty -five (45) days of the Grant End Date shall revert to the Department and the Agreement shall be terminated in accordance with Article I1.14, A project extension may be requested in writing from the Director at least thirty (30) business days prior to the Grant End Date, The Director, at his discretion, may grant an extension of up to Pagel of8' Gensm(Terms and Gonftns for Grants (412008) one (1) year of the Grant End Date so long as such extension will not significantly alter the project including Its quality, Impact, or benefit to the organization, the County or its citizens. 6. Report Deadline: To demonstrate that the Grantee has used the grant award for the project as approved (Article 1,3.) and the Itemized Project Budget (Article 1,4) as attached to the Agreement as the Restatement of Project Budget, and has met and Included all a requirements conditionato this grant award, then G Grantee Imustilsubmit to the Director or his designee, a written be attached or Final Report documenting that the Grantee is meeting or has fulfilled all project and financial requirements. This report Is to be received by the Director or his designee by the date specified 16 Article 1.7. In the form specific to the program through which this grant Is being awarded. The Grantee agrees and expressly understands that in making Final Report to the Department, any deviation from the grant expense budget attached to the Agreement as the Restatement of Project Budget must be requested in writing to the Director for his consideration prior to the Grant End Date stated In Article 1.6 and that any requested changes may not exceed twenty -five percent (25 %) of the total amount of the grant award. The Director, at his sole discretion, may require the Grantee to submit interim reports demonstrating progress on the project and accounting for project expenses to date. The Director may also require that a compilation statement or independent financial audit encompassing the entire grant period and accounting for the expenditure of grant funds be prepared by an independent certified public accountant at the expense of the Grantee. With the exception of grants made through the Major Cultural institutions Grants Program, the Grantee shall attach to the Final Report; copies of original documentation conclusively demonstrating the expenditure of funds for the items Indicated In the Restatement of Project Budget as grant award expenses. Documentation shall include, but not be limited to, ecopies penses lriginal aflsd invoices, vouchers, receipts, and copies of canceled checks (front and rear) clearly designating payment with the event. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures. In the case of grants made through the Major Cultural institutions Grants program, the Grantee shall submit an Independent financial audit of the fiscal year encompassing the grant period as part of its Final Report, If an audit Is not prepared in time to meet the Final Report deadline, a compilation statement encompassing the grant period prepared by an independent certified public accountant'or provisions of theigr grant, may be submitted In hre Interim financial ntil such time as the reported al audits availaberantee's total compliance with the In the event that the Grantee falls to submit the required Final Report by the deadline date specified in Article 1.7., the Direntor may terminate the Agreement In accordance with Article 11,14, Further, the Director or his designee must approve this report before the Grantee Is deemed to have met all conditions of the grant award. 7: Program Monitoring and Evaluation: The Director or his designee may monitor and conduct an evaluation of the Grantee's operations and the project for which this grant is provided, which may include visits by County representatives to; observe he project or Grantee's programs, procedures, and operations; discuss the Grantee's programs with the Grantee's personnel; and/or evaluate the public impact of these funded events and activities. Upon request, the Grantee shall provide the Director with notice of all meetings of Its Board of Directors or governing board, general activities and project - related events, In the event the Director or his designee conclude, as a result of such monitoring and/or evaluation, that the Grantee is not in compliance with the terms of the Agreement, is not fulfilling other program requirements or stipulations for which this Grant has been provided or for other reasons which significantly impact on the Grantee's ability to fulfill the conditions of this grant award, the Director or his designee must provide in writing to the Grantee, within thirty (30) days of the date of said monitoringlevaluation, notice of the inadequacy or deficiencies noted which may significantly impact on the Grantee's ability to to address The complete of onnceern within thirty (30) days of receipt eip of such notice, the Director, at at his Grantee refuses or is take other actions, which may Include the withholding, reduction.or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. Further, in the event that the Grantee refuses or is unable to address the areas of concern and the grant award has been disbursed In full or in part, then the Director may request the return of the full or partial grant payment. At the Diraotor's sole discretion, a Grantee found to be deficient or In default of a previous grant contact may be declared permanently ineligible to apply to the Department of page 2 of 6 General Terms and 00003 for crania (4008) Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. if Grantee is not in compliance with the conditions of any other County agreement, the Director, at his discretion, may take other actions, which may Include the withholding, reduction or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. 8, Bank Accounts: Monies received pursuant to the Agreement shall be kept in accounts in established Florida banks, credit unions or savings and loan associations whose Identity shall be disclosed In writing, with the identity and title of individuals whom the Grantee authorizes to withdraw or write checks on grant funds from the banking institution Identified on the "Bank Account Disclosure" form submitted by the Grantee, These accounts need not be accounts which are segregated from other accounts maintained by the Grantee. However, it is highly recommended that the Grantee malntain a separate account for these grant funds. 8. Accounting and Financial Review: The Grantee must keep accurate and complete books and records for all receipts and expenditures of this grant award and any matching funds required in conformance with reasonable general accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after: the Grant End Date specified in Article 1.6,; the expiration of an extended grant period as approved by the Director; the completion of a County requested or mandated audit or compliance review; the conclusion of a legal action involving the grant award, the Grantee and /or project or activities related to the grant award. The Director or his designee may examine these books, records and documents at the Grantee's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the Director may, upon reasonable notice and at the County's expense, audit or have audited all financial records of the Grantee, whether or not purported to be related to this grant. 1d. Publicity and Credits: The Grantee must Include the following credit line in all promotional and marketing materials related to this grant including web sites, news and press releases, public service announcements, broadcast media, event programs, and publications: Will the support of the Miaml -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Miami -Dade County Mayor and Board of County Commissioners.' The grantee must also use the Department's logo in marketing and publicity materials whenever possible. Please call the Department to request an electronic logo file or download It from our website miamldadearts.orul. By accepting County funds, the grantee is required to recognize and acknowledge Miami -Dade County's grant support In a manner commensurate with all contributors and sponsors of its acflvitles at comparable dollar levels. Grantees through the Department's All Kids Included Initiative, Summer Arts and science Camps for Kids (SAS -C), Youth Arts Enrichment program (YEP), and Youth Arts Miami (YAM) grants programs must Include The Children's Trust logo (available for download at www thechlidrenstrust orglMediaKit asp) and the following statement in all materials related to the grant project, Including but not limited to newsletters, press releases, brochures, filers, websltes or any other materials for dissemination to the media or general public: "The (insert event/program name) is funded by The Children's Trust. The Trust Is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miaml -Dade County." Note: in cases where funding by The Children's Trust represents only a percentage of the grantee's overall funding, the above language can be altered to read: "The (Insert event/program name) is funded in part by The Children's Trust ......... 11. Liability and indemnification: It is expressly understood and intended that the Grantee, as the recipient of grant funds, is not an officer, employee or agent of Miami -Dade County, Its Board of County Commissioners, its Mayor, the Department of . Cultural Affairs or the Cultural Affairs Council. Further, for purposes of the Agreement and the grant project or activity, the parties hereto agree that the Grantee, Its officers, agents and employees are independent contractors, page of General Tons and CondRions for Grantst412006) The Grantee shall take all actions as may be necessary to ensure that Its officers, agents, employees, assignees and /or subcontractors shall not act as not give the appearance of that of an agent, servant, joint venturer, collaborator or partner of the Department of Cultural Affairs, the Cultural Affairs Council, the Miami -Dade County Mayor, the Miami -Dade County Board of County Commissioners, or Its employees. The Grantee agrees to be responsible for all work performed and all expenses incurred in connection with the project, The Grantee may subcontract as necessary to perform the services set forth In the Agreement, including entering Into subcontracts with vendors for services and commodities, provided that it is understood by the Grantee that Mlaml -Dade County shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract, and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities Incurred under the subcontract, The Grantee shall indemnify and hold harmless the County and Its offlcers, employees, agents and instrumantalities from any and ail liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, law suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Grantee or Its employees, agents, servants, partners, principals or subcontractors. The Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature In the name of the County, where applicable Including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may Issue thereon. The Grantee expressly understands and agrees'that any insurance protection required by the Agreement or otherwise provided shall in no way limit the responsibility to Indemnify, keep and save harmless, and defend the County or Its officers, employees, agents and instrumentalities as herein provided. 12, Assignment: The Grantee is not permitted to assign this grant award or any portion thereof. Any purported assignment will render this grant null and void and the Grantee shall be subject to Immediate rescission of the full amount of the grant award and reimbursement by the Grantee of its full value to the County. 13. Compliance with taws: it shall be a contractual obligation of the Grantee hereunder, that during the term of the Agreement, the Grantee agrees to abide by and be governed by all applicable federal, state and county laws and the terms of grants made grant isoa sstub grant, including, but not limited to the following M ami•Dade Cultural Affairs and Ordinances, Affairs sections of the County Cade and federal laws: (a) County Ordinance No, 72 -82 - Miami -Dade County's Conflict of interest and Code of Ethics Ordinance - as amended, which is incorporated herein by reference as If fully set forth herein; (b) Section 2 -8,1- of the Mlaml -Dade County Code - ownership Disclosure; (c) County Ordinance No. 9133- Amending Sec. 2.8.1; (d)O Disclosure; (d) Section 2- 8. 6 -of the county Code - Criminal Record; (a) County Resolutions R- 202 -96, R- 206 -96, R- 13211.99; (f7 County Ordinance No. 92.16 codified as Section 2 -8.1.2 of the County Code - Employment Drug -free Workplace; (g) County Ordinance No. 142 -91 codified as Section 11A -29 at, seq. of the County Code — Family Leave; County Resolution R- 386.96 - Miami -Dade County Disability Nondiscrimination Affidavit, incorporating the following Federal laws and Acts: (1) 12101 12213 and with 47 UU,S.OirSect Sections 226 nd( 11 including ud ng Tine 1, Empioy Employment,' 327, 42 U.S.C. (2) Title II, Public Services; (3) Title 111, Public Accommodation and Services Operated by Private Entities; and Section 604 of the Rehabilitation Act of 1973; (4) Title IV, Telecommunications; (6) Title V, Miscellaneous Provisions: The Rehobliftation Act of 1973,29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair House Act as amended, 42 U.SA, Section 3601 - The foregoing requirements of this section shall got , pertain to contracts with the United. states or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State; (h) Section 2.8A (c) of the County Code regarding Delinquent and Currently Due Fees or Taxes; page orb General Terms and GOndi0ons for Grants (4/2008) (1) Resolution R- 1206.97 regarding Welfare Reform Work Participation. The Grantee has cediflably indicated compliance with these laws, ordinances and resolutions by properly executing the affidavits attached hereto. Further, all funded activities must provide equal access and equal opportunity in employment and services, and may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 as amended (42 U.S.C. 20004 at seq.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Mlam1 -Dade County ordinances No. 97 -170, § 1, 2 -2597 and No. 98 -17, § 1,12 -1.98, 14, Remedies: in the event the Grantee shall fail to materially conform with any of the provisions of the Agreement or Its attachments referenced herein, the Director may withhold or cancel all, or any, unpaid installments of the grant upon giving five (5) calendar days written notice to the Grantee, and the County shall have no further obligation to the Grantee under the Agreement. Further, In the event of a material breach of any term or condition of the Agreement, upon five (5) calendar days written demand by the Director, the Grantee shall repay to Miami -Dade County all portions of the grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand Is received. In the event this grant Is canceled or the Grantee Is requested to repay grant funds because of a breach of the Agreement, the Grantee may be declared, permanently ineligible to apply to the Department of Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director, Further, the Grantee will be liable to reimburse Miami -Dade County for all unauthorized expenditures discovered after the expiration of the grant period. The Grantee will also be liable to reimburse the County for all lost or stolen grant funds. Grant funds which are to be repaid to Miami -Dade County pursuant to this Section or other Sections in the Agreement, are to be repaid by delivering to the Director a certified check for the total amount due, payable to the Miami -Dade County Hoard of County Commissioners. These provisions do not waive or preclude the County from pursuing any other remedy, which may be available to It under the law. 15, Indulgence Will Not Be A Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of the Agreement shall not be deemed to constitute a waiver of the provision or any portion of the Agreement either at the lime the breach orfailure occurs or at anytime throughout the term of the Agreement. 16. Written Notices: Any written Micas required under the Agreement will become effective when delivered In person or upon the receipt of a cadifled letter addressed to the Grantee at the address specified in Article 1.1 of the Agreement, and to the Director when addressed as follows: Director, Mlami -Dade County Department of Guttural Affairs, 111 NW First Street, Suite 625, Miami, Florida 33128. 17, Captions Used In the Agreement: Captions as used in the Agreement are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 18. Contract Represents Total Agreement: The Agreement, including its special conditions and attachments, represents the whole and total agreement of the patties. No representations, except those contained within the Agreement and its attachments, are to be considered In construing Its terms, other than as specified in this agreement, no modifications or amendments may be made to the Agreement unless made in writing, signed by both parties, and approved by appropriate action by the Miami -Dade County Board of County Commissioners and Mayor. ARTICLE IiI , INSURANCE The Grantee must maintain and shall furnish upon request to the Director or his designee, certificates of insurance indicating that insurance has been obtained which meets the requirements as outlined below: page 5 ot5 General Tams and Conditions for Grants (412008) 1, Workers' Compensation insurance for all employees of the Grantee as required by Chapter 440, Florida Statutes. 2. Public Liability insurance on a comprehensive policy in an amount not less than $300,000 combined single limit per occurrence for bodily Injury and property damage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the project, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance policies required above shall be issued by companies allthcidzed to do business under the laws of the State of Florida, with the following qualifications: 1. The Company must be rated no loss than "B° as to the management, and no less than "Class V as to financial strength by the latest edition of Beef$ Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division; or, 2. The Company must hold a valid Florida Certificate of Authority as shown in the latest °List of All Insurance Companies Authorized or Approved to Do Business in Florida; Issued by the State of Florida Department of Insurance, and is a member of the Florida Guaranty fund. Certificates must indicate that no modification or change in Insurance shall be made without thirty (30) days advance written notice to the certificate holder. Modification or waiver of any of the aforementioned insurance requirements Is subject to the approval of the County's Risk Management Division, The Grantee shall notify the County of any intended changes in insurance coverage, including any renewals of existing policies. ARTICLE IV- TERMINATION If, for any reason, the Grantee shall fail to fulfill in a timely and proper manner its obligations under the Agreement, or should violate any of the covenants, agreements, or stipulations of the Agreement, the County shall thereupon have the right to terminate the Agreement by giving written notice to the Grantee of such termination and specifying the effective date thereof, at least five (6) days before the effective date of such termination, Notwithstanding the above, the Grantee shall not be relieved of liability to the County by virtue of any breach of the Agreement by the Grantee, and the County may withhold any payments to the Grantee until such time as the exact amount of damages due to the County from the Grantee is determined. ARTICLE V - SPECIAL CONDITIONS Indirect costs may not be assigned to, charged against or debited from County grant funds, page 6of6 General Terms and Conot0ons for Gran Os (412006) MIAMf DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS RESTATEMENT OF PROJECT BUDGET Fiscal Year I Name: Project TRW nc+.. Af AeBVRI Necessary changes in the project (If any): Itemize cash expenses to be expended from the grant award. Expenditures must equal the total amount of the grant award as listed on the Grant Award Agreement. Round amounts to the nearest dollar (do not show cents). NOTE: The items speciied In this budget must correspond with the Grant Dollars Allocated column of the project Expense Budget on your original application GRANT AWARD PERSONNEL ADMINISTRATIVE: ARTL'mc: TECHNICAL' OuTsIDEARTISTIC FEES: OUTSIDE OTHER FEES: MARKEDNGIPUSLICITY PRINTING POSTAGE INCOUNIYTRAVEL OUroFCOUNrYTRAVEL EQUIPMENT RENTAL EQUIPMENTPURCHASE SPACE RENTAL INSURANCE UTILITIES SUPPLIESIMATERW.S OTHER COSTS ( ITEMIZE): TOTAL GRANT AWARD: Reetetemmdo }Prolectaudget(01200d) Pager Ott 7:toalay®aLn.m -T List cash and In -kind expenses and revenues specifically identified with your projectiseasom Round amounts to the nearest dollar o not show cents). NOTE: Total project expenses and revenues must equal. CASH CASH REVENUES IN -KIND EXPENSES IN -KIND PERSONNEL ADMINISTRATIVE! ARTISTIC: TECHNICAL: OUTSIDEARTISTIC FEES: OUTSIDE OTHER FEES: MARKETINGIPUBLICITY PRINTING POSTAGE IN COUNTY TRAVEL OUT OF COUNTY TRAVEL. EQUIPMENTRENTAL EQUIPMENT PURCHASE SPACERENTAL INSURANCE ---- UTILITIES SUPPUESIMATERIALS OTHER COSTS (ITEMRE): SUB TOTALS: TOTAL EXPENSES: ADMISSIONS CONTRACTED SEANCES TUITIONS CORPORATE SUPPORT FOUNDATION SUPPORT PRNATFJINDNIDUAL SUPPORT GOVERNMENT GRANTS: FEDERAL STATE LOCAL APPLICANT CASH ON HAND OTHER REVENUES ()TEMYtE): GRANTAWARD SUB TOTALS: TOTAL REVENUES: PRfndif. 801011 Dili IR101Wtimm MR MIAMI -DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS UNIVERSAL AFFIDAVIT Each section of this form must be read, and Initialed indicating acceptance and/or compliance with the County's policy related to the particular affidavit. For affidavit sections that you do not believe are applicable to your organ(zailon, please Indicate this by placing 'NIA" In the blank and your Initials next to the "NiA," ALL SECTIONS MUST BE COMPLETED, either with your Initials indicating compliance or "NiX indicating non•applicabie. Sections not completed on the Affidavit will render the entire Universal Affidavit null and void and It will be returned to you for completion. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT, MiAMI- DADE COUNTY CRIMINAL RECORD AFFIDAVIT, and MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any departments or agencies (hereof, the State of Florida or any political subdivision or agency thereof, or any municipality of this State, The MIAMI -DADE COUNTY FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies, the State of Florida or any political subdivision or agency thereof, it shall, however, pertain to munldpalliles of the State of Florida. 1 being first duty sworn state: (Name of Afflant! Authorized Official) The full legal name and business address of the person(s) or amity contracting or transacting business with Mfamf -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number Name of Entity, Indlvidual(s), Partners, or Corporation Street Address City State Zip Code I. MIAMi -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2.8.1 of the County Code) 1. It 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 (8 %) ar more of the corporation's stock. If the contract or business transaction Is with a Partnership, the foregoing Information shall be provided for each partner. if the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficlaty. The Foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or, agency thereof, the State of Florida or any political subdivision or agency thereof or any munfclparty of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % o/a 2. The full legal name and business address of any other individual (other than subcontractors, material men, suppllers, laborers, or lenders) who have, or will have, any Interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with Mlami�Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information In this regard, shall be punished by a fine of up to five hundred dollars ($500) or Imprisonment in the County jail for up to sixty (60) days orboth. Universal Aaldavits (WOW) Page I of 4 II, MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90.133. Amending sec, 2.8.1: Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten, thousand dollars ($10,000) or mom shall require the entity contracting or transacting business to disclose the following information, The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with your employees? Yes — No 2. Does your firm provide paid healthcare benefits for its employees? _ Yes —ND 3. Provide current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. White: Males _Females Black: _ Males _ Females Hispanic: _Males _Females Native American: _ Males Females Asian: Males —.Females Aleut (Esklmo): Males Females Males _ Females Ill, MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.8 of the County Code) The individual or entity entering Into a contract or receiving funding from the County _ has J has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past (10) years. IV. MIAMI.OADE COUNTY EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2.8.1.2 of the County Code) That in compliance with Ordinance No, 92 -15 of the Code of Mlami-Dade County, Florida, the above named person or entity Is providing a drug -free workplace. A wriHen statement to each employee shall Inform the employee about: 1, danger of drug abuse in the workplace; 2. the fine's policy of maintaining a drug -free environment at all workplaces; 3. availability of drug counseling, rehabilitation and employee assistance programs; 4. penalties that may be imposed upon employees for drug abuse violations. The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived N the special characteristics of the product or service offered by the person or entity make It necessary for the operation of the County or for the health, safety, welfare ocorl benefits and well -being of the public. Contracts involving funding which Is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those Instances where those provisions are in conflict with the requirements of those governmental entitles, V, MiAMI-DADE COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section 11A -29 et, seq, of the County Code) That In compliance with Ordinance No. 142 -91 of the Code of Miami-Dade County, Florida, an employer with fifty (50) or more employees working In Miami -Dade County for each working day during eacp twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: Universal Afndaviu (4/2007) Page 2 of 4 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 who has a serious period, alth condlti condition without risk of termination of emplymentior employers retaliation. child, spouse or other close Florida o or ainy political subdivision or agency thereof. it shall,ihowever perasnato municipalities of this tState.ency thereof, or the State of VI, MiAMI•DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT (County Resolution R- 385.95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below Including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction In the following laws: Theo Americans with Disabilities di es Act of 1990 (ADA), Pub. L 101336, 104 Stat $27, 42 U, S. C. 12101 -12213 and 47 U. S, C. Sections 225 and 811 including Title I, Employment; Title II, Public Services; Title III, Public Accommodation and Services Operated by Private Entities; Title IV, TelecommunlCetlonst and Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973, 29 U.S,C. Section 794: The Federal Transit amended Section g t 4 n requirements sh notpertain to ntrac s with he United States any department or agency thereof, or he S as or any political subdivision or agency thereof or any municipality of his State. VII. MIAMI -DADE COUNTY AFFIDAVIT REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sea ?•6.1(c} of the County Code). Except for small purchase orders and sole source contracts, the above named firm, corporation, organization or individual desiring to transact business or enter Into a retract with the County verifies that all delinquent and currently due fees, or axes — including but not fruited to rat and properly taxes, utility taxes and occupallonal licenses — which are collected in the normal course by the Miami -Dade County Tax Collector as well as Miami -Dade County issued parking tickets for vehicles registered In the name of the firm, corporation, organization or Individual have been paid. VIN. MIAMi -DADE COUNTY WELFARE REFORM WORK PARTICIPATION AFFIDAVIT (Resolution R- 702 -98, as amended by Resolution R- 368.99 ), Please check one of the following options: This enUly is a governmental entity and Is therefore exempt from the provisions of Resolution No. R•702 -98, as amended by Resolution R- 358 -99. This entity is a not - for -profit organization and Is therefore exempt from the provisions of Resolution No. R -702- 98, as amended by Resolution R458 -99, This entity is a racipient of a grant ewer and Is therefore exempt from the provisions of Resolution No. 8 -702- ` 98, as amended by Resolution R- 368 -99. _ This entity has a contract with the County that results in actual payment of less than $500,000 and is therefore exempt from the provisions of Resolution No. R- 702 -98. This entity can demonstrate that Ave percent (6 %) of its work force consists of Individuals who reside in Miami- ` Dade County and who have lost or who will lose cash assistance benefits (formerly Aid to Families with Dependent Children or "AFDC') as a result of he Personal Responsibility and Work opportunity Reconciliation Act of 1996, and therefore, requests a waiver of the requirements of Resolution No. R- 702 -98, as amended by Resolution R- 358 -99. will contribute to Project Fresh Start thCounty ounty's welfare -to -work nit ative, based on he following scale: refore, N the entity has a contract with the County that results In actual payment of an amount between: $500,000 to $1,000,000 than that entity shall contribute $51000• $1,000,001 to $5,000,000 then that artily shall contribute $10,000 $5,000,001 to $10,00,000 then that entity shall contribute $20,000 $10,o0D,001 and over then that entity shall contribute $26,000 llniveraal Amdavits (212007) Page 3 of 4 M, ATTESTATION REGARDING DUE AND PROPER ACKNOWLEDGEMENT OF COUNTY FUNDING SUPPORT By initialing this subsection and accepting County funds, the above named firm, corporation, organization or individual agrees to abide by the grant contract requirement to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of its activities at comparable dollar levels. I have carefully read this entire four (4) page document entitled, 'Universal Affidavit" and have initiated all affidavits that pertain to this contract and have Indicated by "NA" all affidavits that do not pertain to this contract By: (Signature of Afflant) SUBSCRIBED AND SWORN TO (or affirmed) before me this He / She: ❑ has produced. (Signature of Notary) (Type of identification) Notary Public (Name of Notary Typed, Printed or Stamped) State of Florida - County of day of Universal Atndavla (MO07) Page 4 of 4 (Date) Identification. Imprint of Notary Seal 20 _.._, by backup wmmmo,amg. ror ma,v,uum„ ,_,' -, - - - -._. ----. structions on page w to r eft aeTlNtotneS�a 3. or your employer MIMIficadan number (EIN). if you do not have a number, 9 page Employer Identi0oatl Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose i number is enter. Under penalties of perjury, 1 certify that: The shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and �rae Request for Taxpayer 9 Qive form to the Do Form Y■ (Roy, October 2007) Identification Number and Certification requester. not send to the IRS. appehmoal of the Traatury IMemol aevenua SeMw withholding because you have failed to report all interest and dividends on your tax return. real estate secured all If requlbred contributions Certification, i but you Must arrrrang ment ORA), and generally, payments other than merest nd dividends Name fps shown on your Income tax rehtm) provide your correct TIN. See the Instructions on page 4. Sign Here signature of I us p on P m � Business name, If different from above ' n a An Individual who Is a U.S. citizen or U.S, resident allen, otherwise noted. e cCheck appropriate box; El IndividuallSole proprietor ❑ Corporation ❑ Partnership ❑ Limited liabliity company. Enter the tax dassifisation (D =disregarded enlRy, C =corpomlton, p= paHnership) r Exempt „.. „..„ ❑payee `o B ❑ Wha' (sae instruosam) P Roquestees name and 0 dross (opticna) L%3S Address (number, street, and apt, or suite no.) transactions, mortgage Interest you paid, acquisition or of secured property, cancellation of debt, or a abandonment contributions you made to an IRA. a Use trade or business In the United States are generally required to share withholding Further, resident align), to provide your correct TIN to thenperson it and, when applicable, to: . City, state, and ZIP coda requesting (the requester) 1. Certify that the TIN you are giving Is correct (or you are a partner Is a foreign person, and pay the Withholding tax. Therefore, If you are a U.S, person that Is a partner In a waiting for a number to be Issued), partnership conducting a trade or business In the United States, 2. Certify that you are not subject to backup withholding, or provide Form W -9 to the Partnership to estabilsh your U.S. withholding on your share of partnership 3. Claim exemption from backup withholding If you are a U.S. status and avoid List account nUmbeQs) here (opUonep Income. The person who gives Form W -9 to the partnership for V) purposes of establishing Its U.S, status and avoiding withholding net income from the parneship foreign partners' share of effectively connected If you a form other than Form W -9 to on its all000bie share of conducting a trade or business in the United States is in the Tax a er identification Number fN rlale box, The TIN provided must match the name given on Una Y to avoid Social seat number Enter your TIN in the a pro ... ... _ p . P ....._,_ .�,_ ,...,.,,. P -. W <nm,dw numhar fSSNI. However. for a resident # _ _ backup wmmmo,amg. ror ma,v,uum„ ,_,' -, - - - -._. ----. structions on page w to r eft aeTlNtotneS�a 3. or your employer MIMIficadan number (EIN). if you do not have a number, 9 page Employer Identi0oatl Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose i number is enter. Under penalties of perjury, 1 certify that: The shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 1. number 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has Revenue Service (IRS) that I am subject notified me that I am no longer stMsot to backup withholding, and 3. 1 am a U.S, citizen or other US. person (defined IMIOW). Certification instructions. You must cross out Item 2 above If you have bean notified by the IRS that you are currently subject to backup For transactions, Item 2 does not apply. withholding because you have failed to report all interest and dividends on your tax return. real estate secured all If requlbred contributions Certification, i but you Must arrrrang ment ORA), and generally, payments other than merest nd dividends youearefnot provide your correct TIN. See the Instructions on page 4. Sign Here signature of I us p on P Date P. Genera! instructions D ammon of a U.S, person. For federal tax purposes, you are considered a U.S. person Hyou are! Seeflon references are to the Internal Revenue Code unless a An Individual who Is a U.S. citizen or U.S, resident allen, otherwise noted. 0 A partnership, corporation, company, or association created or In the United States or under the'laws of the United Purpose of Form organized States, A person who Is required to file an Jn formatlon return with the IRS obtain correct taxpayer identification number (TIN) a An estate other than a foreign estate); or must your to report, for example, Income paid to you, real estate e A domestic trust as defined in Regulations section ( g transactions, mortgage Interest you paid, acquisition or of secured property, cancellation of debt, or 301.7701 -7). Special rules for partnerships• partnerships that conduct a abandonment contributions you made to an IRA. a Use trade or business In the United States are generally required to share withholding Further, resident align), to provide your correct TIN to thenperson it and, when applicable, to: . e a Form W-9 from such In certain cases where has not been received, a partnership is required to presume that requesting (the requester) 1. Certify that the TIN you are giving Is correct (or you are a partner Is a foreign person, and pay the Withholding tax. Therefore, If you are a U.S, person that Is a partner In a waiting for a number to be Issued), partnership conducting a trade or business In the United States, 2. Certify that you are not subject to backup withholding, or provide Form W -9 to the Partnership to estabilsh your U.S. withholding on your share of partnership 3. Claim exemption from backup withholding If you are a U.S. status and avoid exempt payee, if app)cable, yyou re also certifying that as a allocable shre of any partnership In00me from Income. The person who gives Form W -9 to the partnership for U.S. person, your a U.S. trade or business Is not subject to the withholding tax on Income. purposes of establishing Its U.S, status and avoiding withholding net income from the parneship foreign partners' share of effectively connected If you a form other than Form W -9 to on its all000bie share of conducting a trade or business in the United States is in the Note. a requester gives form If it is oto W- gequester's substantially similar this Formthe The U.S owner of a disregarded entity and not the entity, Cat. No. 10231X Farm W-9 (Rev. 10,2007) Form w -e (Rev 10 -2007) s The U.S, grantor or other owner of a grantor bust and not the trust, and o The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person, if you are a foreign person, do not use Form W -9. Instead, use the appropriate Form W -8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may Pnaoarm" an exemption from tax to dontlnue for certain types of me evon after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who Is relying on an exception confalned in the saving clause of a tax treaty to claim an exemption from U.S, tax on certain types of Income, �ov must attach a statement to Form W -9 that specifies the fol owing five Items: 1. The treaty country. Generally, this must be . the some treaty under which you claimed exemption from tax as a nonresident alien, 2. The treaty article addressing the Income, S. The article number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The ty pe and amount of Income that qualifies for the exemption from tax. 6. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S: China Income tax treaty allows an exemptfon from tax for scholarship Income received by a P.hlnoae �+„dr+hf tcmnnmriW masent In the United States. Under U.S. law, ibis student will bobome a resident ailen for fax purposes iE 6is or her stay In the United States exceeds 6 calendar years. However, paragraph 2 of tho first Protocol to the U.S: China treaty (dated April 30, 1934) allows the provisions of Article 20 to canUnue to apply even after the Chinese student becomes a resident atlen of the United States, A Chinese student who qualifies far this exception (under paragraph 2 m an the first protocol) and Is relying on this axcept(on to clai exemption from tax on hta or her scholarship or fellowship Income would attach fo Form W -9 a sfatemant that includes the Iniormatlon d'asoribad above to support that exemption. if you are a nonresident alien or a foreign entity not subject to, backup withholding, give the requester the appropriate completed Form W -8. What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "baoku withholding." Payments that may be subject to backup withholding Include Interest, tax- exempt Interest, dividends, broker and batter exchange transactions, rents, royalties, nonempiayee pay, and certaln,payments from fishing boat operators. Real estate transactions are not subject to backup withholding. you will not be subject to hookup withholding on payments you receive if you give the requester your correct TIN, make the proper oerilffcatlons, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding M, 1, You do not fumish your TIN to the requester, 2. You do not certify your TIN when required (see the Part Il Instructions on page 3 for details), 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you am subject to backup Withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or 6. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1863 only). Certain payees and payments are exempt from backup withholding. See the Instructions below and the separate instructions for the Requester of Form W -9. Also see Special rules for partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $60 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding, if you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or Imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name It you are an Individual, you must generally enter the name shown on your Income tax return. However, if you have changed your last name, for Instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the aocount Is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your Individual name as shown on your income tax return on the "Name" line, You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). Check the "Limited ilabtllty company" tiox only and enter the appropriate code for the tax classification Q'D" for disregarded entity, "C" for corporatlon, "P" for partnership) In the space provided. For a single- member LLC Qncluding a foreign LLC with a domestic owner) that is disregarded as an entity separate from Its owner under Regulations section 301.7701 -3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's.name on the "Name" line and any business, trade, or DBA name on the "Business name" line. Other amities. Enter your business name as shown on required federal tax documents on the "Nama" line, This name should match the name shown an the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the °Business name' line. Note, You are requested to check the appropriate box for your status (individual /sole proprietor, corporation, oto,). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box In the line following the business name, sign and data the form. Form W -9 (tiev. 10.2007) Page 3 Generally, individuals (Including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest and dividends. Note, If you are exempt from backup withholding, you should st ll complete this form to avoid possible erroneous backup withholding, The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 601(a), any IRA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 401(l)(2), 2. The United States or any of Ifs agencies or Instrumentalities, S. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities, 4. A foreign government or any of Its political subdivisions, agencies, or Instrumentalities, or S. An International organization or any of Its agencies or Instrumentalities. Other payees that may be exempt from backup withholding Include: 6. A corporation, ' 7. A foreign central bank of Issue, 8. A dealer In securities or commodities required to register in the United States, the District of Columbia, or .a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate Investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial Institution, 14, A middleman known In the investment community as a nominee or custodian, or 16. A trust exempt from tax under section 664 or described In section 4947. The chart below shows types of ayments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions Exempt payees f through,6 and patronage dividends Payments over $60D required eanoralN exempt payees to be reported and direct 1 through 7 sales over $5,000' 'See Form 1099 -MISO, Miscellaneous Income, and Its instructions, °However, the following payments made to a comoratien including grow proceeds paid to an attorney under section 6046(0, even If the attorney Is a corporation) and reportable on Form 1099 -MISO are Trot exempt from backup withholding: medical and health care payments, attorneys' fees, and payments for semow paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. if yyou are a resident alien and you do not have and are not ellggible to gget an SSN, your TIN Is your IRS individual taxpayer h entifloation number (ITIN), Enter It In the social security number box. If you do not have an ITIN, see Now to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single - member LLC that is disregarded as an entity separate from Its owner (see Limited Aabltfly company (LLC) on page 2), enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's EIN, Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a T1N. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Farm SS -5, Apiellool on for Social Security Card, from your local Social Security Administration office or get this form online at www.wa,ggov. You may also get this form by calling 1- 800 -772 -1213, Use Form N -71 Application for IRS individual Taxpayer identification lumber, to appsqq for an ITIN, or Form 88-4, Application for .mpioyer IdentlflPatton Number, to appply for an EIN. You can apply for an EIN online by accessing tha IRS website at vwmirs.gov /businesses and olicktng on Employer identifioation lumber (EIN) under Starting a Business. You can get Forms W -7 tract SS.4 from the IRS by visiting www.lrs.gov or by calling asked to complete Form W -9 but do not have a TIN, ad For" In the space for the TIN, sign and date the Ive It to the requester. For Interest and dividend nd certain payments made with respect to readily Iruments, generally you will have 60 days to get a s It to the requester before you are subject to hookup on payments. The 60 -day rule does not apply to of payments. You will be subject to backup on ail such payments until you provide your TIN to Note. Entering "Applied For' means that you have already applied for a TIN or that you intend to apply for one soon. Cautlom A dlsregaidad dismantle entity that has a foreign owner must use the eppropdate Form W -8. Part II. Certification To establish to the withholding agent that you are a U,S. person, or resident alien, sign Form W -9, You may be reqquested to sign by the withholding agent even If Items 1, 4, and 5 below Indicate otherwise. For a joint account, only the person whose TIN is shown In Part I should sign (when required). Exempt payees, see Exempt Payee on page 2, Signature requirements. Complete the certification as Indicated In 1 through 6 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts Considered active during 1963. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out Item 2 In the certification before signing the form, W -0 tree- 10.2007) 3; Real estate transactions. You must sign the certification. You may cross out Item 2 of the certification, 4. Other payments. You must give your correct TIN, but you do not have to shin the certification unless you have been you have previously given an Incorrect TIN. "Cthe Icluds payments made In the course of the rade or business for rents, royalties, goods (other merchandise). medical and health care services pncluding payments to corporations), payments to a nonamployee, for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations), S. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 629), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must, give your correct TIN, but you do not have to sign the certification, What Name and Number To Give the Requester For this type of account: Give name a_n_d_S_SN ob 1. Individual The Individual y� 2, 'two or more individuals Qolnt The actual owner of the Account or. account) d combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Mlnom Act) 4, a, The usual mvmabfa savings ThA granmr4wstee' twat (granter Is also trustee) b, so- called twat account that Is The actual owner' not a legal or valid trust under state law 6. Sale proprietorship or osegarded The owner' entity owned by an Individual For this type of a000unh Give name and EIN oh 6, Disregarded entity not owned by an The owner individual 7, A valid trust, estate, or pension trust Legal entity' 8. Corporate or LLC chanting The corporation corporate status on Form 6882 9. Awoolagen, club, religious, The organization charitable, educational, or other tax - exempt organzation 10. partnership or multi- member LLD The partnership 11. A broker or registered nominee The broker or nominee 12. Account with the Department of The pubilo entity Agdouhtue In the name of a public entity, (such as a state or local government, school district, or preen) that recelves agdouilurat program payments gust ]lest and of,eio the name of ibe person whose number you ranks. It Dray one Arson on A joint account has an SSN, And parson's number meet be re"ahed. sQrclo Ue minces nemo and funesh tho minors SSN, You must show your In@+Ident name and you may also enter your business a, '09V ream. an the enomal nano Fns, You may uas either your SSN or EIN Of you have me), but the IRS oneou moo you to use your 65N. ' List flint and Grob the Arms of the "st, notate, or pamton cast. tun net Nnish the Tot of $he porsonsl ropresaMAliye or trustee unions the Toed anffiy looll a net dasIgnstod in the mama No.) Also we Speatal mks for padnoAlu s on peso 1. Note, If no name Is clroled when more than one name Is listed, the number will be considered to be that of the first name listed, Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, social security number (SSN), or other identifying information, without your permission; to commit fraud or other orlmes, An Identity thief may use your SSN to get a job or may flie a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, o Ensure your employer Is protecting your SSN, and e Be careful when choosing a tar preparer. Call the IRS at 1-800-829-1040 If you think your Identity has been used inappropriately for tax purposes. Victims of Identity theft who are experiencing economic berm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (CAS) assistance. You can mach TAB by calling the TAB toil -free case Intake line at 1- 877.777 -4778 or TTY/TDD 1-800. 829.4059. Protect yourself from suspicious smalls or phishing schemes. Phlehing Is the creation and use of small and websites designed to mimic legitimate business emails and websites. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that will be used for Identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed Information. through small or ask taxpayers for the PIN numbers, passwords, or similar secret access Infonnatlon for their credit card, bank, or other finanolal accounts, If you receive an unsolicited small claiming to be from the IRS, forward this message to phishtng @lm.gov. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1- 800. 366.4484. You,can forward suspicious Smells to the Federal Trade Commission at: Spam ®ucagov or contact them at www,consumergov/ldtheft or 1- 877- IDTHEFT(438. 4338). Visit the IRS websits at www.frs.gov to (earn more about Identity theft and how to reduce your risk. Privacy Act Notice Sectlon 6108 of the Interco] Revenue Code requires you to pprovide your correct TIN to persons who must file information returns with the IRS to report Interest, dividends, and certain other income paid to you, mortgage Nterest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HM The IRS uses the numbers for ldenimcalion purposes and to help verify the accuracy of your )ax return, The IRS may also provide this Information to the Department of JusNca for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. poasesslons to ca ry out their tax laws, We may also disclose this Information to other countries under a tax treaty, to federal and state agencies to onforco faderw nontax criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You most provide your TIN whether or not you are required to Old a tax return, payers must generally withhold 28% of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply, m o�auT�I�lHaxua �urr�osaru��r U� P�S81p1 AUiIIDRit @T6MIIfCi�ANIi�SORTO6�1EtlB�tk mW it ma (00111' WARTMO at Al IN AM 1M C(M014QMN M)