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Res No 194-14-14288
RESOLUTION NO.194-14-14288 A Resolution authorizing the City Manager to execute FY 2014 Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PHCD)for the Murray Park Multi- Purpose Field Project in the amount of $55,000. WHEREAS,the Mayor andCity Commission desireto accept the grant from Miami- Dade County administered by and through its Department of Public Housing and Community Development (PHCD);and WHEREAS,the Agreement will provide fundingforthe development of a multi-purpose fieldat Murray Park;and WHEREAS,the Agreement requiresmatchedfundinginthe amount of $7,500fromthe SMCRA and $7,500 from the City of South Miami and; WHEREAS,thegrant period beginson October 1,2014andendson September 30, 2015. WHEREAS,the Mayor andCity Commissioners desiretohavetheCity Manager executethegrantagreementinanamount of $55,000; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section1:TheCityManagerisherebyauthorizedtoexecutethegrantagreementwith Miami-Dade CountyDepartmentofPublic Housing and Community Development (PHCD)for theMurrayPark Multi-Purpose FieldProjectintheamountof $55,000.Thegrantagreementis attached to this resolution. Section 2:This resolution shallbeeffective immediately afterthe adoption hereof. Section 3.Severability.If anysectionclause,sentence,orphrase of thisresolutionisfor anyreasonheldinvalidorunconstitutionalbyacourtofcompetentjurisdiction,theholdingshall not affect the validity of the remaining portions of this resolution. Section 4.Effective Date.This resolution shall become effective immediately upon adoption by vote of the City Commission. Res.No.194-14-14288 PASSED AND ADOPTED this 7th_day of October 2014. READ AND languag: execut; D AS TO FORM ITYAND REOF: APPROVED: M0U4J MAY0R COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea South-*Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:TheHonorable Mayor &Members ofthe City Commission From:Steven Alexander,City Manager Date:October 7,2014 Agenda Item No. Subject: Background: Amount: Attachments: A Resolution authorizing the City Manager toexecute FY 2014 CommunityDevelopment Block Grantagreementwith Miami-Dade CountyPublic Housing and Community Development (PHCD)for the Murray Park Multi-Purpose Field Project intheamountof $55,000. The City of South Miami was awarded funding forthe Murray Park Multi-Purpose Field Project underthe Community Development Block Grant (CDBG)Program ina total amount $55,000 through Miami-DadeCounty,PublicHousingand Community Development (PHCD).Thegrant will provide funding forthedevelopmentofa multi-purposefieldat Murray Park.TheAgreementrequiresmatched fundingintheamountof$7,500 from theSouth Miami Community Redevelopment Agency and$7,500 from the City ofSouth Miami C.I.P.,which is the $100,000 miscellaneous line item in Parks. ThegrantperiodbeginsonOctober1,2014andendsonSeptember 30,2015. $55,000.00 Grant Contract Resolution Number #R-685-14 Duns Number 24628976 Awarded Amount $55,000 CDBG 2014 FY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT Municipality CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI This Agreement (hereinafter referred to as "Agreement"or"Contract"),by and between Miami-Dade County,a political subdivision of the State of Florida,hereinafter referred to as "County"and Cityof South Miami,hereinafter referred to as "Awardee"and having offices at 6130 Sunset Drive.South Miami.FL 33143.and telephone number of (305).states conditions and covenants for the rendering of Community,Economic or Housing activities hereinafter referre~d"to~as~"Activity"orAdivitfes"fortheXountythroughitsPubliclHousingand Community Developmenthereinaft referred toas "PHCD,"and having its principal offices at 701 N.W.1 Court,14th Floor,Miami,Florida 33136, collectively referred to as the "Parties." WHEREAS,the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and welfare of the residents throughout the County a;and WHEREAS,the Community Development Block Grant (CDBG)Program was authorized by the Housing and Community Development Actof 1974,as amended,withtheprimaryobjectiveofpromotingthe development ofviable urban communities;and WHEREAS,the Awardee provides itwill develop activitiesof value to the Countyand has demonstrated an abilityto provide these activities;and WHEREAS,theCountyis desirous ofobtaining such activitiesofthe Awardee,andthe Awardee is desirous of providing such activities;and WHEREAS,theCounty has appropriated $55.000 of CDBG fundstothe Activity Developmentof Multi Purpose Field located at 6701 SW 58th Place.Miami.FL 33143.All CDBG funds awarded to County Departments and municipalties,such as Awardee,shallbeinthe form ofagrant conditioned uponAwardeemeetinga CDBG national objective pursuanttothetermsand conditions set forth herein,including butnot limited toSection II,W(2)(a)(1)-(2); and WHEREAS,the Awardeeshallcarryoutthe Activities definedand set forthinAttachmentA,"Scopeof Services",inMiami-Dade County or the focus area(s)of the county. NOW,therefore,in consideration of the mutual covenants recorded herein,theparties hereto agree as follows: I.DEFINITIONS PHCD Public Housing and Community Development or its successor Department 24CFRPart570-CDBGFederal regulations implementing Title I of the Housing and Regulations Community Development Act of1974,as amended -Community Development Block Grant Community Development Alocal agency that isorganizedto meet community development Corporation needs withparticular emphasis on the economic development, housing and revitalization needs of low-and moderate-income area residents and which is receptive to the needs expressed by the community. Local Having headquarters inMiami-Dade County or having a place of business located in Miami-Dade County from which the Contract or Subcontract will be performed. Pagel Low-and Moderate-Income Individual or Family Very Low Income Individual or Family Contract Records or Agreement Records Federal Award Property Policies and Procedures Manual Subcontractor or Subconsultant Subcontract A person or family whose annual income does not exceed 80%of the median income for the area,as determined by HUD with adjustments for smaller andlargerfamiliesandwithcertain exceptions as provided in 24 CFR Part 570. A person or family whose annual income does not exceed 50%of the median income for the area,as determined by HUD with adjustments for smaller andlargerfamiliesandwith certain exceptions as provided in 24 CFR Part 570. Any andall books,records,documents,information,data,papers, letters,materials,electronic storage data and media whether written, printed,electronic or electrical,however collected,preserved, produced,developed,maintained,completed,received or compiled by orat the direction of the Awardee orany subcontractor in carrying out the duties and obligations required by the terms of this contract, includingbut not limitedto financial books andrecords,ledgers, drawings,maps,pamphlets,designs,electronic tapes,computer drives and diskettes or surveys. Any federalfunds received by the Awardee fromany source during the periodoftimein which the Awardee isperforming the obligations set forth in this contract Therealpropertyas descibed bylegaldescriptioninanyloan documents executed betweenAwardeeandtheCountyandany real propertyofAwardeeorRelatedorAffiliatedEntities(asdefinedherein) acquired or improved upon with funds awarded pursuant to this Agreement oronwhichfundsawarded pursuant to this Agreement are anticipated to be used. PHCD's Policies and Procedures Manual f/k/a ContractCompliance Manual may be viewed and downloaded at http://www.miamidade.gov/housing/community-developmentasp Any individual or firm hiredonacontractualbasisbytheAwardeefor thepurposeof performing workor functions citedontheActionStep Format (Attachment "A1)of this contract Any contractual agreement between a Subcontractor and the Awardee. II.THE AWARDEE AGREES: A.The Awardee shall cany out the Activities defined and set forth in Attachment A."Scope of Services,"which is incorporated herein and attached hereto,in the County or the focus area(s)of the County.Awardee acknowledges and agrees that the purpose of CDBG funds isto benefit low- and moderate-income persons.Therefore.Awardee shall carry outthe Activities insucha manner as to satisfy aNationalObjective. B.Insurance Requirements Upon PHCD's notification,the Awardee shall furnish to the Department's Community and Housing Management Division (CHMD).701 N.W.1 Court.14th floor.Miami.Florida 33136,relevant certificate^)of Insurance evidencing insurance coverage as detailed in Attachment B-1(M).The effective coverage start dateofapplicable insurances shall notbe later thanthedateofthe Agreement execution and shall be approved by Miami-Dade County's Internal Services Department prior to any reimbursement being processed.All certificates and insurance updates must identify the names ofthe Awardee and the Activity being funded through this Agreement.The Awardee shall provide Builder's Risk Insurance and/or Flood Insurance (if applicable)upon the issuance ofthe Notice to Proceed with an effective date for coverage commencing onthe Notice to Proceed date. Any changes tothe required insurance policies,including coverage renewals,mustbe submitted to PHCD through a formal notice immediately upon occurrence throughout the Agreement period. Page 2 IftheAwardee fails to submit the required insurancedocumentsinthemanner prescribed inthese requirements within sixty(60)calendar daysaftertheBoardofCountyCommissioners'approval,the Awardee shallbein default of the terms and conditions of the Agreement. C.Certificate of Continuity TheAwardeeshallberesponsibleforensuringthattheinsurance certificates requiredin conjunction with thissubsectionremaininforceforthe duration oftheAgreement period,including anyandall option years,if applicable.In the case ofconstruction and majorrehabilitationactivities,the Awardee musthavethecoveragecitedin Attachment B-1(M)ofthisAgreementatthetimethatitbegins constructionontheproject.Iftheinsurancecertificatesarescheduledtoexpire during the Agreement period,the Awardee shallbe responsible forsubmittingnewor renewed insurance certificatestotheCountyataminimumofthirty(30)calendar daysbeforesuchexpiration. In the event that expiration certificates are not replaced withnew or renewed certificates that cover the Agreement period,the County shall suspend the Agreement untilthenewor renewed certificates -are-received,bythe.County in-the-manner-prescribed-in the requirements;provided,-however,that this suspended perioddoesnot exceed thirty (30)calendar days.Ifsuchsuspension exceeds thirty (30)calendar days,theCountymay,atitssolediscretion,terminate the Agreement.Priorto execution of the Agreement by the County and commencement of the contracted services,the Awardeeshallobtain all insurance required under this Section andsubmit same totheCountyfor approval.All insurance shallbe maintained throughout thetermof the Agreement. D.Indemnification The County shall not assume any liability for the acts,omissions toactor negligence of the Awardee,its agents,servants or employees;norshallthe Awardee exclude liability foritsown acts, omissions toact,or negligence arisingoutof the Awardee's performance pursuant tothis Agreement.The Awardee shallindemnify and hold harmless the County and itsofficers,employees, agents and instrumentalities from any and allliability,losses or damages,including attorneys'fees and costs of defense,which the County oritsofficers,employees,agents or instrumentalities may incur as a result of claims,demands,suits,causes of actions or proceedings of any kindor nature arising out of,relatingtoor resulting from the performance of this Agreement by the Awardee orits employees,agents,servants,partners principals or subcontractors.The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the County,where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's fees whichmay issue thereon.The Awardee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Awardee shall inno way limit the responsibility to indemnify,keep and save harmless and defend the County or its officers,employees,agents and instrumentalities as herein provided.Nothing herein is intended to serve as a waiver of sovereign immunityby the County or Awardee (if Awardee isa municipality).Nothing herein shall be construed to extend the County's or Awardee's liability(if Awardee isamunicipality)beyond that provided in section 768.28,Florida Statutes.Nothing herein shall be construed as consent by the County or Awardee (if Awardee isamunicipality)tobe sued bythird parties in any matter arising outofthis Agreement.The provisions of this section survive the termination or expiration of this Agreement. E.National Objective In accordance with 24 CFR Section 570.208 of the federal regulations,the Awardee shall be required to achieve the national objective of Benefit to Low and Moderate Income Persons or Households (LMI).(See Attachment B-2).Awardee shall execute and deliver to the County, simultaneous with this Agreement,a Promissory Note committing to repay the funds provided by the County pursuant to this Agreement in the event that Awardee failsto meet the national objective.In the event the CDBG funds subject tothis Agreement are to be used for the acquisition or improvement ofreal property,the Awardee shall also be required togive the County a mortgage or other sercurity instrument to be determined at the absolute and sole discretion of the County Mayor or Mayor's designee in order to secure the loan described in this Agreement.Title work and atitle insurance policy,if so required in the absolute and sole discretion of the County Mayor or Mayor's designee in order to adequately secure the loan set forth herein,shall be paid forby Awardee. Awardee understands that the County may be liableto the United States Department of Housing and Urban Development ("HUD")for repayment of the federal funds loaned to Awardee pursuant to this Agreement in the event that HUD determines that Awardee has failedto meet the national objective.AWARDEE WAIVES ANY RIGHTTO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE,IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE.The Page 3 County shall have allrightsand remedies inlaw and equity to seek repayment of funds loaned to Awardee pursuant tothis Agreement. Documents and Reporting Requirements The Awardee shall submit documents toPHCDorreportonrelevantinformationtoPHCDas described belowandprovideanyother documents in whatever form,manner,or frequency as prescribed byPHCD.These willbe used formonitoring progress,performance,and compliance with this Agreement andfor compliance withapplicable County andFederal requirements. 1.Certificates of Insurance The originaltobe received byPHCDwithin the firstmonth of this Agreement period,and submitted with each payment request,includinganyrenewals,priorto payments made by the County.The effective dateof the coverage must coincide with the beginning date of this agreement.Awardee shall comply with the insurance requirements set forthin Attachment B-1(M). 2.Progress Reports a.The Awardee shall submit each quartera status reportusing the form attached hereto as Attachment C,"Progress Report,"as it may be revised byPHCD,which shall describe theprogress made by the Awardee inachieving each of the Activities,objectives andaction steps identifiedherein,includingbutnotlimitedto Attachment A and Attachment A-1. The AwardeeshallensurethatPHCD receives eachreportintriplicate(oras indicated)nolaterthan 10 days afterthequarter ends. The Awardee shall submit to PHCD a cumulative account of its activities under this agreement bycompletingthe following portionsoftheProgressReport Form: Section I-General Information Section II-Financial Information: TheAwardeemust report expenditure inforniation basedonapprovedbudgeted lineitemstoreflect all costs incurred during the reporting period.In addition,the Awardee shall report on Program Income,depicting thetwentypercent (20%)to be paid totheCounty quarterly aswellas Awardee's usageof Program Income for each contractedactivity. Section HI -Status of Contracted Activities: TheAwardeemust report specific information regarding thestatusofthe contracted activities,including accomplishments and/ordelaysencountered during theimplementationoftheprojectandanunduplicatedcountofclients served during the reporting period (if applicable)foreach federally definedethnic category.Awardeesengagedin construction and/orhousing rehabilitation projects shall report ontheprogressoftheir activities including thenumberofhousingunits completed and occupied by low-moderate andlow income residents.The Awardee shallalsoreport demographic informationon each head of household. Each goal and corresponding objective®,as indicated in the approvedScopeof Services,mustbeaddressedas part ofthis report.Awardeesengagedinjob creationprojectsshallreportontheprogressoftheiractivities including the names of businesses assisted,thenumberofjobscreatedandtheincome qualification of individualsholdingthejobscreated. 50%and 70%Benchmark Reporting:At the time Awardee has been paid or otherwise received fifty faercent (50%)and seventy percent (70%)of the Agreement Funds.Awardee must report —on the next progress report due —and submit documentation to show sufficient to show that Awardee has accomplished 50%and 70%.respectively,of the Activities described herein.For Awardees engagedin construction and/or housing rehabilitation projects,Awardees shall reportontheprogressoftheiractivitiesincluding the number of housingunits completed andoccupiedbylow-moderateandlow income residents.The Page 4 Awardee shall alsoreport demographic informationon each head of household. Eachgoaland corresponding objective(s),as indicated inthe approved Scopeof Services,mustbeaddressedaspartofthis report.Awardeesengagedinjob creationprojectsshallreportonthe progress oftheiractivities including thenames of businesses assisted,thenumberofjobscreatedandtheincome qualification of individuals holdingthe jobs created. In conjunction with the progress reports submitted,Awardee shall submit the Performance&Benefit DataSupplement(the "Supplement")tothe Quarterly Expenditure&Progress Report.TheSupplementshallbeconsideredapartofthe progress reports due pursuant tothis Agreement. Section III -Contract and Subcontract Activity Report: Contract and Subcontract-Activity -Report (First and -Third Quarter-Progress- Report)-The Awardee shall report toPHCD the number of business activities involving minorityvendors,including subcontractors performingworkunderthis Agreement.The "Contract and Subcontract ActivityReport"Section inAttachment C,and when applicableSection3inthe same Attachmentshallbecompleted semiannually bytheAwardeeandsubmittedtoPHCDnolaterthan 10 daysafter the first and third quarter. Section IV-Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report)-The Awardee shall report toPHCD the number of target and. service area residents whohave received employment opportunities fromfederally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C,as itmay be revised.This section of the formshall be completed semiannually by the Awardee and submitted toPHCDno later than 10 days after the first and third quarter. The Awardee shall submit to the County,inatimely manner,any other information deemed necessary by the County to show Awardee has performed its obligations set forthin this Agreement and to show U.S.HUD that Awardee has met the national objective,and its presentation shall comply with the format specified at the time of the request.Failure to submit the Progress Reports or other information ina manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Agreement.The County may require the Awardee toforfeititsclaimto payment requests or the County may invoke the termination provision inthis Agreement bygivingfive(5)days written notice of such action to be taken. b.Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms and conditionsofthis Agreement,Miami-DadeCountyResolution No.1634-93 will apply tothis Agreement.This resolution requires the Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paidby the Awardee directlyto Black,Hispanic and Women-Owned businesses performing part of the contract work. Additionally,the listed businesses are required to sign the reports,verifying their participation in the contract work and their receipt of such monies.For purposes ofapplicability,the requirements ofthis resolution shallbeinadditiontoany other reporting requirements required bylaw,ordinance or administrative order. Unspecified Site(s)Objective -If the Awardee has not yet identified alocationto carry out any of the activities described in Attachment A,the Awardee shall Page 5 submit,intriplicate,Progress Reports,using the form attached hereto as part of Attachment C,ona monthly basis until such time as the Awardee complies with the provisions contained within Section II,Paragraph F.4.of this Agreement. Copies of the above described Progress Report shall be received by PHCDno later than the tenth (10th)day of each month andshall address the progress undertaken by the Awardee during the previous month.This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section II,Paragraph F.2.a and Paragraph F.3. 3.Annual Report (Fourth Quarter Progress Report)and Final Report -The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report")using the "Progress Report"specified in Section II,Paragraph F.2.a.above,which shall describe the progress made by the Awardee in achieving each of the National Objectives identified in Attachment A during the previous year.The "Annual Report"must cover the CDBG fiscal year beginning on January 1 and ending on December 31 and shall be received by PHCD nolater than 10 days after the year ends.The Final Progress Report submitted by Awardee shall include a summary of services and accomplishments Awardee performed and achieved throughout the term of this Agreement and shall be accompanied by sufficient documentation to show Awardee has met the CDBGNational Objective.For Activities where the National Objective isjob creation,the Final Progress Report shall include documentation sufficienttoprovetoU.S.HUD that Awardee met the National Objective. Awardee shallreport all ProgramIncome earned duringthe year andshallpayto the County allprogramIncome earned unless directed expressly,inwriting,to otherwise by the County. 4.Environmental Review -The Awardee immediately uponlocatingor determining asitefor each of the "UnspecifiedSite"activitiesto be carriedoutpursuanttothis Agreement,shall submit information detailing the location of each site for which a Site Environmental Conditions Statement will beprepared.TheEnvironmental Review istobepreparedon information contained in Attachment D,"Information for Environmental Review Form." Notwithstanding any provision of this Agreement,the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval,and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the County of a release of funds from the U.S.Department of Housing and Urban Development under 24 CFR Part 58.The parties further agree that the provision of any funds to the project is conditioned on the County's determination to proceed with,modify or cancel the project based on the results of a subseouent environmental review. 5.AuditReport -TheAwardeeshallsubmitto PHCD anannualauditreportin triplicate as requiredby Section II,ParagraphLofthis Agreement,as set forthbelow.The Awardee shall submit awrittenstatement from its auditing firm 1o confirm thatithasclearedanynon compliance issues stated in the audit,and awritten statement from the Auditor that the audit complies with all applicableprovisions of 24CFRPart 84.26,Part 85.26 andOMBA- 133. 6.Personnel Policies and Administrative Procedures -The Awardee shall submit detailed documents describing theAwardee's internal corporate or organizational structure,property management andprocurementpoliciesandprocedures,personnel management accounting policiesand procedures,etc.Such informationshall be submitted toPHCD within30daysoftheexecutionofthis Agreement. 7.InventoryReport-TheAwardeeshallreportannuallyallnonexpendablepersonalandreal propertypurchasedwithCDBGfundsfromthisandprevious agreements withtheCounty as specified in Section II,ParagraphW of this Agreement. 8.AffirmativeActionPlan-TheAwardeeshallreportto PHCD informationrelativetothe equalityof employment opportunitieswhenever sorequestedbyPHCD. 9.DisclosureofRelatedor Affiliated Parties-Atthetimeofcontractexecution,oratanyother timeattherequestof the County,AwardeeshalldisclosetotheCountyallRelatedor AffiliatedParties.Relatedor Affiliated Partiesshallmeanpersons,corporations, partnerships,orother business entities(a)which have adirectorindirectownership interestinAwardee,(b)whichhaveaparentor principal thereof whichhasadirector indirect ownershipinterestinAwardee,(c)whosemembersappointedbyAwardee,or(d) Page 6 whichtheCounty deems initssole discretion tobeaRelatedor Affiliated Partyof Awardee.The Awardee shallreportthisinformationto the Countyuponformingthe relationshipor,if already formed,shallreportit immediately.Any supplemental information shall be reported quarterly in the required Progress Report.This provisionshallbe construed broadlyto the benefitoftheCounty.Non-compliance with these requirements will be considered a default,which may result in the immediate termination of the agreement,the recovery oftheentirefundingaward,and the disqualificationoffunding through PHCDforaperiod of three years. 10.Reporting on Financial Status.Bankruptcy.Real Property,or Personal Property -Awardee shallnotifytheCountyin writing withinten(10)days of theoccurrenceofanyofthe following as to Awardee or any Related orAffiliatedParties: a.Any anticipatedorpendinglis pendens,foreclosureaction,arrearage,default, late payment regarding any property of Awardee or Related orAffiliated Parties, includingpropertiesnotrelatedtothis Agreement.Awardee shallalsoprovidethe -County with a copy of all-court-filingsr-notices of-defaultr^trrearage or—late- payment,or any other documents relevant to the disclosures requiredherein. b.Any legal encumbrance onthePropertynotpermittedin writing bytheCounty. c.Any defaultorarrearageonany loan,Noteor other debtorobligationforwhich the Property is security. d.Any anticipated orpendingbankruptcy,restructuring,dissolution,reorganization, appointment of a trustee or receiver. e.Any action,activity,facts,or circumstances that wouldmateriallyimpair performance by Awardee of allthe terms and conditions ofthis Agreement. Failureto comply with these reporting requirements shall constitute a default and shall entitle the County to seek any andall remedies available atlaw,equity and pursuant tothis Agreement. G.Lobbying Prohibition 1.The Awardee shall certify that no federal appropriated funds have been paidorwill be paid, byoron behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,anofficeror employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal Agreement,the making of any federalgrant,the making of any federalloan,the entering into of any cooperative Agreement,and the extension,continuation,renewal, amendment,or modification of any federal Agreement,grant,loan,or cooperative Agreement. 2.The Awardee shall disclose toPHCDif any funds other than federal appropriated funds have been paid orwill be paidto any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this federal Agreement,grant,loan,or cooperative Agreement,ona Standard Form-LLL,"Disclosure Formto Report Lobbying,"in accordance withits instructions. 3.The Awardee shall ensure that the language in this Section II,Paragraph G.1.and G.2 be included in the award documents forall subawards atalltiers(including subcontracts, subgrants,and Agreements under grants,loans,and cooperative Agreements)and to ensure that all subrecipients shallcertifyand disclose accordingly in connection withthis activity. H.Federal,State,and County Laws and Regulations Rules,Regulations and Licensing Requirements Page 7 1.TheAwardeeshallcomplywithalllaws,ordinancesand regulations applicabletothe services contemplated herein,especially those applicable to conflict of interest and collusion.Awardees are presumed tobefamiliarwith all Federal,State andlocallaws, ordinances,codes,rulesandregulationsthatmayinanywayaffect the goodsorservices offered,especiallyExecutiveOrderNo.11246 entitled"EqualEmployment Opportunity" andas amended by Executive OrderNo.11375,as supplemented by the Department of Labor Regulations (41CFR,Part60),the Americans withDisabilities Act of 1990 and implementingregulations,the.RehabilitationActof1973,as amended,Chapter553of Florida Statutes and any andall other local,State and Federal directives,ordinances,rules, orders,andlawsrelatingtopeoplewithdisabilities.The Awardee willalso comply with OMB A-122,OMB A-110,OMB A-21,OMB A-133,andwiththeapplicableprocedures specified in PHCD's 'Policies and Procedures Manual found at http://www.miamidade.gov/housing/community-development.asp whichareincorporated hereinbyreference,receiptofwhichis hereby acknowledged,and as they may berevised. 2.TheAwardee agrees toabidebyChapter ll-A,Codeof Miami-Dade County ("County Code"),as amended,applicabletonon-discriminationin employment,housingandpublic accommodation. 3.Awardee shall comply with,and cause all subcontracts torequire compliance with,Florida Statutes,theMiami-DadeCountyCodeofOrdinances,andallapplicablebuilding codes, including the Miami-Dade County Building Codeandanyapplicable municipal building code.Failure of Awardeeoranysubcontractorof Awardee tosocomplywith these requirements,whichincludesbutisnotlimitedtoengaginginconstructionorrepairs withoutproperbuildingpermitsor unlicensed professionals engaginginworkwhich requiresalicense,shallcausethisAgreementtobevoidablebytheCountyattheCounty's absolute andsolediscretion.In the event theCountyvoidsthis Agreement forfailureto complywiththerequirementsofthissection,Awardeeshall forfeit anyrighttopayment pursuant tothis Agreement,regardless of when Awardee's or the subcontractor's noncompliance becomes knownto the County. 4.TheAwardeeshallcomplywithSection504ofthe Rehabilitation Actof 1973,asamended, which prohibits discrimination onthebasisofhandicapandrequiresaminimum number of unitstobeaccessibletopersonswith disabilities;TitleVIofthe Civil RightsActof 1964,as amended,which prohibits discrimination onthebasisofrace,color,or national origin;the Age Discrimination Actof 1975,asamended,which prohibits discrimination onthebasisof age;Title VIII of the CivilRightsAct of 1968,as amended,and Executive Order 11063 which prohibits discrimination in housing onthebasisof race,color,religion,sex,or national origin;Executive Order 11246,asamended which requires equal employment opportunity;and with the Energy Policy,amendedand Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating toenergy efficiency.The Awardee also agrees to comply withtheDomesticViolenceLeavecodifiedas 11A-60 et seq.ofthe Miami-Dade CounVCode;which requires an employer,whointhe regular courseofbusinesshas fifty (50)ormoreemployees working in Miami-Dade County for each working day during eachoftwenty (20)ormore calendar work weeks to provide domestic violence leavetoits employees.Failure to comply with this local lawmaybe grounds forvoidingorterminatingthis Agreement orfor commencement of debarment proceedings against the Awardee. 5.Iftheamount payable tothe Awardee pursuant tothetermsofthisAgreementisinexcess of $100,000,the Awardee shall comply with all applicable standards,orders,or regulations, issued pursuant to Section 306ofthe Clean Air Actof1970(42 U.S.C.1857 h),as amended;the Federal Water Pollution Control Act(33U.S.C.1251),asamended;Section 508ofthe Clean WaterAct (33 U.S.C.1368);Environmental Protection Agency regulations (40CFRPart15);and Executive Order 11738. 6.Assurance of Compliance with Section 504 of the Rehabilitation Act -The Awardee shall report its compliance withSection504ofthe Rehabilitation Actwheneversorequestedby PHCD withinthetermofthisAgreementorthe Affordability Period. 7..Americans withDisabilitiesAct (ADA)of 1990 -The Awardee shall attest to;and submit the required Disability Non-discrimination Affidavit assuringcompliancewith all applicable requirementsofthelawslistedbelow including butnot limited to,those provisions pertaining toemployment,provisions and program services,transportation, communications,access tofacilities,renovations,and new construction. Page8 8.Affirmative Action/Non-Discrimination of Employment.Promotion,and Procurement Practices (Ordinance #98-30)-Allfirmswith annual gross revenues in excess of $5million, seeking tocontractwithMiami-Dade County shall,asaconditionofaward,have awritten AffirmativeActionPlanand Procurement PolicyonfilewiththeCounty'sRegulatoryand Economic Resources Department.Saidfirms must alsosubmit,asapartoftheir proposals/bids tobefiledwiththeClerkof the Board,anappropriately completed and signed Affirmative Action Plan/Procurement PolicyAffidavit.Firms whose Boards of Directorsare representative ofthepopulation make-up ofthenationare exempt fromthis requirement and must submit,inwriting,a detailed listing of theirBoards of Directors, showing the raceorethnicityof each board member,tothe County's Regulatoryand Economic Resources Department.Firmsclaiming exemption must submit,asapartoftheir proposals/bidstobe filed withtheClerkof the Board,anappropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30.These submittals shall be subject toperiodic reviews to assure that the entities donot discriminate in their employment and procurement practices against minorities and women-owned businesses. It will be the responsibilityof each firm-to provideverification of-their gross-annual revenues to determine the requirement for compliance with the Ordinance.Those firms that donot exceed $5millionannualgross revenues must clearly state sointheirbid/proposal. Any bidder/respondent which does notprovideanaffirmativeactionplanand procurement policy may notbe recommended bythe County Mayorforawardby the Board of County Commissioners. 9.Domestic Violence Leave Affidavit-Priorto entering intoany contract with the County,a firmdesiringtodo business with the County shall,as aconditionofaward,certifythatitis in compliance with the Domestic Leave Ordinance,99-5 and Section 11A-60 of the Miami- Dade County Code.This Ordinance applies to employers that have,in the regular course of business,fifty(50)or more employees working inMiami Dade County for each working day during each of twenty (20)or more calendar work weeks in the current or preceding calendar year.In accordance with Resolution R-185-00,the obligationto provide domestic violence leave to employees shall be a contractual obligation.The County shall not enter intoa contract with any firm that has not certified its compliance with the Domestic Leave Ordinance.Failureto comply with the requirements of Resolution R-185-00,as well as the Domestic Leave Ordinance may result in the contract being declared void,the contract being terminated and/or the firm being debarred. 10..Code of Business Ethics -In accordance with Section 2-8.1(1)of the Code of Miami-Dade County each person or entitiy that seeks todo business with Miami-Dade County shall adopt a Code of Business Ethics ("Code")and shall submit an affidavit stating that the Awardee has adopted a Code that complies with the reouirements of Section 2-8.1 (i)of the Miami-Dade County Code (Form A-12).Section 2-11.1(d)of Miami-Dade County Code as amended by Ordinance 00-1,also requires any county employee or any member of the employee's immediate family who has acontrollingfinancial interest,direct orindirect,with Miami-Dade County or any person or agency acting for Miami-Dade County from competing or applying for any such contract as it pertains tothis solicitation,must first request a conflict of interest opinion from the County's Ethic Commission priorto their or their immediate family member's entering into any contract or transacting any business through afirm,corporation,partnership or business entity in which the employee or any member of the employee's immediate family has acontrollingfinancial interest,director indirect,with Miami-Dade County or any person or agency acting for Miami-Dade County and that any such contract,agreement or business engagement entered in violation of this subsection,as amended,shall render this Agreement voidable.Foradditional information, please contact the Ethics Commission hotline at(305)579-9093. 11.Public Entity Crimes -Pursuant to Paragraph 2(a)of Section 287.133,Florida Statutes,a person or affiliate who has been placed on the convicted vendor listfollowinga conviction fora public entity crime may not submit a proposal fora contract to provide any goods or services toapublicentity;may not submit a proposal on a contract withapublic entity for the construction orrepair of apublicbuildingorpublicwork;may not submit proposals on leases of real property toapublicentity;may not be awarded orperform work as a Awardee,supplier,subcontractor,or consultant under,a contract with any public entity;and, may not transact business with any public entity in excess of the threshold amount provided Page 9 inSection 287.017 for CategoryTWO ($10,000)foraperiodofthirty-six(36)months from the date of being placed on the convicted vendor list.The Awardee warrants and represents thatithasnot been placedonthe convicted vendor list The Awardee agrees thatshouldMiami-DadeCountydiscoverthatthe Awardee's representations regarding the listarefalse,this Agreement shallbeterminatedonthediscretionofMiami-DadeCounty. Further,shouldthe Awardee beplacedonthelistat any timeduringthis Agreement Miami- Dade County shall have the rightto terminate this agreement 12.Criminal Conviction-Pursuantto Miami-Dade CountyOrdinanceNo.94-34,"Any individual who has been convicted of afelonyduringthe past ten years andanycorporation, partnership,joint venture or other legal entity havinganofficer,director,or executive who has been convicted ofafelonyduringthepastten years shall disclose thisinformationprior toenteringintoacontractwithorreceivingfundingfrom the County."Failureof the Awardee to disclose thisinformation as required may leadto the termination of this agreement by Miami-Dade County. If Awardee,oranyowner,subsidiary,orother firm affiliatedwithorrelatedto the Awardee, isfoundbytheresponsibleenforcementagency,theCourtsortheCountytobeinviolation oftheActs,theCounty will conductno further business withAwardee.Anycontractentered into based uponafalseaffidavit,aslistedbelow,and submitted pursuanttothisresolution shall be voidable by the County: 1.Miami-Dade County Vendor AffidavitForm 2.Criminal Record Affidavit 3.PublicEntity Crime Affidavit 4.Related-Party Disclosure Information 5.Miami-Dade CountyAffidavitRegardingDelinquentandCurrentlyDue Fees or Taxes 6.Affirmative Action Affidavits 7.Currenton ail CountyContracts,Loans,andOtherObligationsAffidavit 8.Financial and Conflicts of Interest Affidavit 9.Collusion Affidavit If any attesting firm violates anyoftheActs below during thetermofany contract such firm has with the County,such contract shall be voidable bythe County,evenifthe attesting firm wasnotin violation at the time it submitted its affidavit. The applicable Acts are as follows: 1.TheAmericans with Disabilities Actof 1990 (ADA),Pub.L.101 -336,104 Stat327, 42 U.S.C.12101-12213 and47 U.S.C.Sections225and611 including Title I, Employment;Title II,Public Services;Title III,Public Accommodations and Services"Operated by Private Entities;Title IV,Telecommunications;andTitleV, Miscellaneous Provisions. 2.TheRehabilitationActof 1973,29 U.S.C.Section 794; 3.TheFederalTransitAct,as amended 49U.S.C.Section 1612; 4.The FairHousing Act as amended,42 U.S.C.Section 3601-3631. In addition tothe requirements inthe Agreement,the Awardee /Department agreesto complywithallthe provisions of24CFR 570.502.24 CFR 570.503,and24CFR Part 570, Subpart K,includingthe following: Public Law88-352and Public Law 90-284;affirmatively furthering fair housing;ExecutiveOrder 11063. Section109ofthe Housing and Community DevelopmentAct. Labor standards. Environmental standards. National FloodInsurance Program. Uniformed Relocation Act. Employment andcontractingopportunities. Lead-based paintregulations. Eligibility ofcontractorsorsubrecipients. Page 10 Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 13.CDBG-Related Requirements 1.National Objective -Awardeemustperform the Activities described hereinina manner inwhichAwardee meets thenationalobjectiveofbenefitto low- andmoderate-income persons.Awardee shall ensure and maintain documentation,acceptable to the County inits sole and absolute discretion,that conclusively demonstrates that each activity assisted inwholeorinpartwith CDBG funds isanactivitywhich provides benefit tolow-and moderate-income persons,as defined in the CDBG Regulations. 2._.The Awardee shall_compiy_with.alLapplicable provisions of 24 CFR_Part570 and. shall carry out each activityin compliance withall applicable federal laws and regulations described therein.IftheAwardeeisa primarily religiousentity,itshall comply withall provisions of24CFR 570.200 (j). 3.The Awardee agrees tocomplywith(a)the Uniform Relocation Assistance and Real Property AcquisitionPoliciesActof 1970,as amended (URA),and implementing regulations at49CFR Part 24 and 24CFR 570.606(b):(b)the requirements of24CFR 570.606(c)governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d)oftheHCDAct;and(c)the requirements in570.606(d)governingoptionalrelocationpolicies.(TheCounty may preemept the optional policies).The Awardee shall provide relocation assistance to persons (families,individuals,businesses,non-profit organizations and farms)that are displaced as a direct result of acquisition,rehabilitaion, demolition or conversion foraCDBG assisted project.The Awardee also agrees to comply with applicable County ordinances,resolutions and policies concerning the displacement of persons from their residences; 4.For each activity or portionofactivity described in Attachment A hereto forwhich a location has not yet been identified,the Awardee shall obtain,immediately after a site is identified by the Awardee,PHCD's written environmental clearance statement and shall agree inwritingto comply with any and all requirements as may be set forthin the Site Environmental Clearance Statement. 5.The Awardee shall cooperate with PHCD in informing the appropriate CDBG citizen participation structures,including the appropriate area committees,of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures,upon the request of the citizen participation officers,PHCD,or the County. 6.The Awardee shall make a good faith effort to address the concerns of the residents of the affected area.The Awardee shall cooperate with PHCD in informing the appropriate CDBG citizen participation structures,including the appropriate area committees,of the activities of the Awardee in adhering tothe provisions ofthis Agreement.Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures,upon the request of the citizen participation officers,PHCD,or the County. 7.For activities involving acquisition,rehabilitation and/or demolition of property and which require the relocation offamilies,individuals,businesses and/or industries, the Awardee shall submit a written notification to the Community Planning and Outreach DivisionofPHCDpriorto relocating,evacuating,and/or dispersing any and all legal occupants who reside at this property on the basis ofalongor short term lease.When the legalityof an occupant (individual,family,business,and/or industry)isin question,the Awardee shall contact the above mentioned unitprior to making a determination.Awardees receiving CDBG funds shall adhere to24 CFR part 50 and/or part 58 and to the rules and regulations of the Uniform Page 11 Relocation Assistance andRealProperty Acquisition Act of 1970,as amended.The Awardee shall adopt AffirmativeMarketing Procedures and requirements forCDBG assisted projects.These procedures must consist of actions toprovide information andattracteligible persons from all racial,ethnic and gender groups to the available services.The Awardee shall annually assess itsaffirmativemarketingprogramto determine if the procedures used to comply with the requirements specified inPublicLaw 88-352 and Public Law 90-284 successfully meet these requirements.The Awardee shall submit toPHCDits Affirmative MarketingPlannolater than 60 days from the date this Agreement is executed. 8.For Housing,Rehabilitation,and Construction activities all conditions inthis section will applythroughouttheregulatoryperiodidentifiedinthenational objective.Throughout thatperiod,the Awardee willberequiredto submit an annual reportregardingtheir compliance with the national objective,and PHCD will have the rightto monitor the activity. 9.The Awardee shall comply withallapplicableuniform administrative requirements as described in 24 CFR 570.502 10.TheAwardeeacknowledgesthattheCounty will perform an underwriting and projectanalysistodeterminethe financing gaporrateofreturngap,project feasibility,andthereasonablenessofcostsandAwardee'sorowner'sequity return,Awardee agrees todeferto the County's analysis.Awardee shall have the opportunitytorenegotiatethisAgreementbymodifyingtheActivitytoimprovethe Activity totheCounty's satisfaction ortoterminatethisAgreementwitheach party payingitsown costs and fees (asapplicable). I.Conflictswith Applicable Laws Ifany provision ofthis Agreement conflicts with any applicable law or regulation including butnot limited to,24CFR570,onlythe conflicting provision shall bedeemedbythe parties heretotobe modified tobe consistent with the law or regulation ortobedeletedif modification is impossible. However,the obligations under this Agreement,as modified,shall continue and all other provisions ofthis Agreement shall remain in full force and effect.The County's determination onwhethera provisionconflictsshallbe final andbinding. J.Board of Directors If the Awardee isa Community Development Corporation (GDC),PHCD shall havethe option to appoint a representative tothe Awardee's board of directors.This representative shall notbe consideredinthe counting ofa quorum and shall haveno voting privileges. K.Construction IftheAwardeeengagesin,procures,ormakesloansfor construction work,theAwardee shall: 1.Contact the PHCD representative noted in Section IV,Paragraph Mofthis Agreement, prior totakingany action,toscheduleameetingtoreceivecompliance inforniation. 2.Comply with the Awardee's procurement and pre-award requirements and procedures which,ata minimum,shalladhereto all applicable federal standards. 3.Complywith the Davis-Bacon Act;Copeland Anti-Kick BackAct;ContractWorkHoursand SafetyStandardsAct;andLead-BasedPaint Poisoning PreventionActas amended on September 15,1999;andotherrelatedacts,as applicable. 4.Submitto PHCD for written approval all proposed Solicitation Notices,Invitations for Bids, and Requests forProposals prior to publication. 5.Submit to PHCD all construction plans and specifications andreceive PHCD's approval priorto implementation. Page 12 6.Contact the PHCD representative noted in Section IV,Paragraph M,priorto scheduling a pre-construction conference.In accordance withindustry standards,PHCD will holdten percent (10%)ofthetotal grant award as a retainer untilthe construction workis determined byPHCD,inits sole discretion,tobe seventy-five percent (75%)completed,At the time that the construction workis determined by PHCD tobe seventy-five percent complete,the retainer will be reduced to5%until the workis completed,Completion shall occur when a Certificate of Occupancy is issued. 7.The County shall have therightto assign Professional Staffandprovide Technical Assistance from the Public Housing and Community Development to assist the project if the County's staff determines thatthe Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement may result ina reduction ofa maximum of5%of the Agreement's award to cover the cost of the technical assistance.The Awardee shall cooperate and comply with all requests made by such staff. -8.—Execute and record,at the County's requestT any of the following documents-in order-to ensure the Property,is used as defined and described in Attachment Aofthis Agreement: a. b. c. d. Promissory Note Mortgage Loan Agreement Restrictive Covenant e. f. g. Rental Regulatory Agreement Collateral Assignment of leases,rents and Contract Rights UCC-1 Rider h.Title Insurance Policy L.Audits and Records Nonprofit organizationsthatexpend$500,000ormoreannuallyinfederalawardsshall have asingleorprogramspecificaudit conducted in accordance with OMB A-133. Nonprofit,organizationsexpendingfederalawardsof$500,000ormoreunderonlyone federalprogrammayejecttohavea program-specific audit performed,inaccordancewith OMBA-133.Awardees who will bereceiving,orwho have received,federal awards for loansorloanguaranteedprogramsmayberequiredtoconductauditsofthoseprogramsin accordance withregulationsofthefederal agencies providing those guarantees orloans. Nonprofit organizations thatexpendlessthan$500,000 annually in federal awardsshall beexempt from anaudit conducted inaccordance with OMB A-133,although theirrecords mustbeavailableforreview(e.g.,inspections,evaluations).Such agencies thatreceive less than $500,000 incombinedFederal awards mustsubmittotheCountyannual compilation reportsthatdescribetheir performance.Toachieve uniformity regarding the reporting format,such documents must comply with the accounting industry standardsby communicating anindependentaccountant's(1)expressionof limited assurance on FINANCIAL STATEMENTS as aresultofperforminginquiryandanalytic procedures (Review Report);(2)results of procedures performed (Agreed-Upon Procedures Report); (3)non-expression of opinion orany form ofassuranceona presentation inthe form of financial statements informationthatisthe representation of management (Compilation Report);.or(4)an opinion onanassertionmadebymanagementinaccordance with the Statements on Standards forAttestation Engagements (AttestationReport). Whentherequirementsof OMB A-133 apply,anauditshallbeconductedforeachfiscal yearfor which federal awards attributable tothis Agreement havebeen received bythe Awardee.Each audit shall include a fiscal review,which includes a validation ofall programgenerated income andits disposition,especially attributable to CDBG funds,an internalcontrol review,andacompliancereview as describedin OMB A-133.Acopyofthe auditreportin triplicate mustbereceivedbyPHCDnolaterthansixmonths following the end of the Awardee's fiscal year. If anauditisrequiredby Paragraph LofthisAgreement,buttherequirementsof OMB A- 133 donotapplytheAwardeemaychoosetohaveanaudit performed eitheronthebasis ofthe Awardee's fiscalyearoronthebasisoftheperiodduringwhich PHCD-federal assistance has been received.In either case,each audit shall cover a time period ofnot morethantwelve(12)monthsandanauditshallbesubmitted covering each assisted period until all the assistance received from thisAgreementhasbeenreportedon.Each Page 13 auditshalladhereto all otherauditstandardsof OMB A-133,as thesemay be limited to coveronlythoseservices undertaken pursuant tothetermsofthisAgreement.Acopyof theaudit report in triplicate mustbereceivedby PHCD nolaterthansixmonths following each audit period. 5.TheAwardee shall maintain all Contract Records in accordance with generally accepted accounting principles,procedures,and practices whichshall sufficiently and properly reflect all revenuesand expenditures of funds provided directly or indirectly bythe County pursuant to the terms of this Agreement. 6.The Awardee shall maintain all Contract Records that document all actions undertaken to accomplishthe"ScopeofServices"outlinedin Attachment Ainthis Agreement. 7.TheAwardee shall ensurethatthe Contract Records shall beat all timessubjecttoand available for full accessand review,inspection,orauditbyCountyand federal personnel andanyotherpersonneldulyauthorizedbytheCounty. 8.The Awardee shall include in all PHCD approved subcontracts usedtoengage subcontractorstocarryoutany eligible substantive programmatic services,assuch servicesare described inthis Agreement and defined by PHCD,eachofthe record-keeping andauditrequirementsdetailedinthis Agreement PHCD shall,initssole discretion, determine when services are eligible substantive programmatic services andsubjecttothe auditand record-keeping requirements described above. 9.The County reserves the right to require the Awardee tosubmittoanauditbyAuditand Management Services or other auditor ofthe County's choosing attheAwardee'sexpense. The Awardee shall provide accessto all ofits records,which relate directly or indirectly to thisAgreementatitsplaceofbusiness during regular business hours.The Awardee shall retain all records pertaining tothisAgreementanduponrequestmakethemavailabletothe County for four years following expiration ofthe Agreement.The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit bythe County toensurecompliancewithapplicableaccountingand financial standards. 10.The Awardee shallensurethatits auditors sharetheirauditresultswithandmustsubmit the audit report to PHCD within six months after the conclusion ofthe audit period. 11.Pursuant to County Ordinance No.03-2,the Awardee will grant accesstothe Commission Auditor to all financial and performance related records,property,and equipment purchased in whole orin part with government funds.The Awardee agreesto maintain an accounting system that provides accounting records that are supported with adequate documentation,and adequate procedures for determining the allow ability and allocability of costs. M.Protected Records and Documents Any person or entity that performs orassists Miami-Dade County with a function oractivity involving theuseor disclosure of "Individually Identifiable Health Information (IIHI)and/or Protected Health Information (PHI)shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 andthe Miami-Dade County Privacy Standards Administrative Order.HIPAA mandates privacy,security and electronic transfer standards including butnot limited to: Useof information only for performing services required bytheAgreementoras required bylaw; 1. 2.Useof appropriate safeguards toprevent non-permitted disclosures; 3.Reporting to Miami-Dade County ofany non-permitted useor disclosure; 4.Assurancesthatanyagentsand subcontractors agreetothesame restrictions andconditionsthatapplytotheContractorand reasonable assurances that IIHI/PHI will be heldconfidential; 5.Making Protected Health Information (PHI)available tothe customer; 6.Making PHI available tothecustomerforreviewandamendment,and incorporating anyamendmentsrequestedbythe customer; Page 14 7.MakingPHIavailabletoMiami-Dade County foran accounting of disclosures;and 8.Making internal practices,books and records related toPHI available toMiami- Dade County for compliance audits. PHIshallmaintainitsprotected status regardless of the formand method oftransmission(paper records,and/or electronic transfer ofdata).The Contractor must giveits customers writtennotice of itsprivacyinformationpracticesincludingspecifically,adescriptionof the types of uses and disclosures that would be made with protected health information. N.Retention of Records 1.The Awardee shallretainallContract Records foraperiod of at least seven (7)years following the final Close-Out of the Activity/Project (hereinafter referred to as "Retention Period")subject to the limitations set forth below.The final Close-Out of the Activity/Project -is-the date when PHCD provides written notification©ofsuch.Under no circumstances shall- Awardee dispose of any Contract Records priorto Awardee providing the County sufficient documentation to show that the HOME Regulations were fully complied within Awardee's performance of its obligations,under this Agreement and has received confirmation from PHCD that the Activity/Project has been finally Closed-Out in the U.S.HUD IDIS system. Upon Awardee's request inwritingfor confirmation of said final Close-Out,PHCD shall provide Awardee inwriting either confirmation of final Close-Out oralist of documentation required in order to proceed toward final Close-Out, 2.If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation,claimor audit arising out of the services provided pursuant to the terms of this Agreement,the Retention Periodshallbe extended until such time as the threatened or pending litigation,claim orauditis,in the sole and absolute discretion of PHCD,fully,completelyand finally resolved. 3.The Awardee shallallow the County,federal personnel,orany person authorized by the County full access toand the rightto examine any of the Agreement recordsduring the required Retention Period. 4.The Awardee shallnotifyPHCDinwriting,bothduring the pendency ofthis Agreement and afteritsexpirationaspartof the final closeout procedure,of the address where all Agreement records will be retained. .5.The Awardee shallobtainwrittenapprovalofPHCDpriorto disposing ofany Agreement recordswithin one yearafterexpiration of the Retention Period. O.Provision of Records and Proprietary Rights andInformation 1.The Awardee shallprovidetoPHCD,uponrequest,all Agreement records.These records shall become the propertyof PHCD withoutrestriction,reservation,or limitation oftheir use.PHCD shall have unlimitedrightsto all books,articles,orother copyrightable materials developed forthepurposeofthis Agreement.These unlimitedrightsshallinclude therightstoroyalty-fees;nonexclusive,andirrevocablelicensetoreproduce,publish,or otherwise use,and to authorize others to use,the information forpublic purposes. 2.If the Awardee receives funds from,oris under regulatory controlof,other governmental agencies,and those agencies issue monitoringreports,regulatory examinations,orother similarreports,the Awardee shallprovideacopyofeachreportandany follow-up communications andreportstoPHCD immediately uponsuch issuance unless such disclosure isaviolation of the rulesorpolicies of the regulatory agencies issuing the reports. 3.Proprietary Information As a political subdivisionofthe State of Florida,Miami-Dade Countyis subject to the stipulations of Florida'sPublic Records Law. The Awardee acknowledges thatall computer softwareinthe County's possession may constitute or contain information or materials which the County has agreed to protect as Page 15 proprietary information from disclosure or unauthorized use and may also constitute or contain informationor materials which the County has developed atits own expense,the disclosure of which couldharm the County's proprietary interest therein. During the term of the Agreement,the Awardee willnot use directlyorindirectlyfor itself or for others,orpublishor disclose toanythirdparty,or remove from the County's property, any computer programs,data compilations,or other software which the County has developed,has used orisusing,isholdingfor use,or which are otherwise in the possession of the County (hereinafter "Computer Software").All third-party license agreements must also be honored by the Awardees and their employees,except as authorized by the County and,if the Computer Software has been leased or purchased by the County,allhiredparty license agreements must also be honored by the Awardees' employees with the approval of the lessor or Awardees thereof.This includes mainframe, minis,telecommunications,personal computers andanyandallinformation technology software. The Awardee willreportto the County any information discovered or which is disclosed to the Awardee whichmayrelatetotheimproper use,publication,disclosure orremovalfrom the County's propertyofanyinformation technology softwareandhardwareand will take such steps asarewithinthe Awardee's authoritytopreventimproper use,disclosureor removal. 3.Proprietary Rights a)TheAwardeeherebyacknowledgesandagreesthattheCountyretainsall rights,title andinterestsinandtoallmaterials,data,documentationand copies thereof furnished bytheCountytotheAwardeehereunderor furnished bytheAwardeetotheCounty and/or createdbytheAwardeefordeliverytotheCounty,even ifunfinishedorin process,asaresultof the Services the Awardee performsin connection withthis Agreement,including all copyright andother proprietary rightstherein,whichthe Awardee as well as "its employees,agents,subcontractors and suppliers mayuseonly inconnectionofthe performance ofServicesunderthisAgreement.TheAwardee shall not,withoutthe prior written consentofthe County,usesuch documentation on anyotherprojectinwhichtheAwardeeoritsemployees,agents,subcontractorsor suppliers areormaybecomeengaged.Submissionor distribution bytheAwardeeto meet official regulatory requirementsorforotherpurposesinconnectionwiththe performance ofServicesunderthisAgreement shall notbeconstruedas publication in derogation ofthe County's copyrights orother proprietary rights. b)All rights,title and interest inandto certain inventions,ideas,designsand methods, specificationsandother documentation related thereto developed bythe Awardee and its subcontractors specifically for the County,hereinafter referred toas "Developed Works"shallbecomethe property oftheCounty. c)Accordingly,neitherthe Awardee noritsemployees,agents,subcontractors or suppliers shall haveany proprietary interest insuch Developed Works.The Developed Worksmaynotbe utilized,reproduced or distributed byoronbehalfofthe Awardee.or anyemployee,agent,subcontractor or supplier thereof,withoutthe prior written consentoftheCounty,exceptas required fortheAwardee'sperformancehereunder. d)Exceptasotherwise provided insubsectionsa,b,andcabove,orelsewhereherein, the Awardee andits subcontractors and suppliers hereunder shall retain all proprietary rightsinandtoallLicensedSoftwareprovidedhereunder,thathavenotbeen customizedtosatisfythe performance criteria set forth intheScopeofServices. Notwithstanding the foregoing,theAwardeehereby grants,and shall require thatits subcontractors and suppliers grant,iftheCountysodesires,a perpetual,irrevocable and unrestricted right andlicensetouse,duplicate,discloseand/or permit anyother person(s)or entity(ies)to use all such Licensed Software and the associated specifications,technical dataandother Documentation for the operations ofthe Countyorentities controlling,controlledby,undercommoncontrolwith,or affiliated withthe County,or organizations whichmay hereafter be formed byorbecome affiliated withtheCounty.Suchlicensespecificallyincludes,butisnotlimitedto,the right oftheCountytouseand/ordisclose,inwholeorinpart,the technical documentation andLicensedSoftware,including sourcecode provided hereunder,to Page 16 anypersonorentityoutsidetheCounty for suchperson'sorentity'susein furnishing anyand/or all ofthe Deliverables provided hereunder exclusively fortheCountyor entities controlling,controlledby,under common controlwith,oraffiliatedwiththe County,ororganizationswhichmayhereafterbeformedbyor become affiliated with the County.No such License Software,specifications,data,documentation orrelated information shallbe deemed tohavebeengiveninconfidenceandanystatementor legend to the contrary shall be void and of no effect P.Audits and Inspectors General Nothing inthisAgreementshall impair anyindependent right oftheCountytoconductauditor investigate activities.The provisions ofthissectionareneitherintendednorshalltheybeconstrued toimposeany liability ontheCountybytheAwardeeor third parties.The provisions inthissection shallapplytotheAwardee,itsofficers,agents,employees,subcontractors,suppliersandRelatedor AffiliatedParties.The Awardee shallincorporatetheprovisionsinthis section inall subcontracts andallother Agreements executed bytheAwardeeinconnectionwiththeperformanceofthe Agreement. Miami-Dade County Inspectors General Review AccordingtoSection2-1076oftheCodeof Miami-Dade County,as amended,Miami-DadeCounty has established theOffice of theInspectorGeneralwhichmay,onarandombasis,performaudits onallCountycontracts,throughoutthedurationofsaidcontracts,except as otherwiseprovided below.The cost oftheaudit of anyContractshallbeonequarter(1/4)ofone(1)percent ofthetotal contract amount which cost shall be included in the total proposed amount.The audit cost will be deducted by the County from progress payments to the selected Awardee.The audit cost shall also be included inall change orders and all contract renewals and extensions. Exception:The above application of one quarter(1/4)of one percent fee assessment shallnot apply to the followingcontracts:(a)IPSIG contracts;(b)contracts forlegal services;(c)contracts for financial advisory services;(d)auditingcontracts;(e)facilityrentalsand lease agreements;(f) concessions and other rental agreements;(g)insurance contracts;(h)revenue-generating contracts; (I)contracts where an IPSIG is assigned atthe time the contract is approved by the Commission;(j) professional service agreements under $1,000;(k)management agreements;(I)small purchase orders as defined in Miami-Dade County Administrative Order 3-2;(m)federal,state and local government-funded grants;and (n)interlocal agreements.Notwithstanding the foregoing,the Miami-Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (1/4)of one percent in any exempted contract at the time of award. Awardee consents to the powers of the Inspector General.The Miami-Dade County Inspector General is authorized and empowered to review past,present and proposed County contracts, transactions,accounts,records and programs.In addition,the Inspector General has the power to subpoena witnesses,administer oaths,require the production of records and monitor existing projects and programs.Monitoring of an existing projector program may include a report concerning whether the project is on time,within budget and in compliance with plans,specifications and applicable law. Upon ten (10)days prior written notice to the Awardee from the Inspector General orIPSIG retained by the Inspector General,the Awardee shall make all requested records and documents available to the Inspector General orIPSIGfor inspection and copying.The Inspector General and IPSIGshall have the rightto inspect and copy all documents and records in the Awardee's possession,custody orcontrol which,in the Inspector General or IPSIG's sole judgment,pertainto performance of the Agreement,including,but notlimitedtooriginal estimate files,worksheets,proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers,all project- related correspondence,memoranda,instructions,financial documents,construction documents, proposal and Agreement documents,back-charge documents,all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records,and supporting documentation for the aforesaid documents and records. Independent Private Sector Inspector General Reviews Pursuant to Miami-Dade County Administrative Order 3-20,the Awardee is aware that the County has the righttoretain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"),whenever the County deems it appropriate todo so.Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County,all requested records and documentation pertaining to this Agreement for inspection and reproduction.The County shall be Page 17 responsible for the payment of these IPSIG services,and under no circumstance shall the Awardee's pricesandany changes theretoapprovedbytheCounty,beinclusiveofany charges relatingto these IPSIG services.Thetermsofthisprovisionherein,applytothe Awardee,its officers,agents,employees,subcontractorsand assignees.Nothingcontainedinthisprovisionshall impairany independent rightoftheCountyto conduct anauditor investigate theoperations, activitiesand performance ofthe Awardee in connection withthis Agreement.The terms of this Articleshallnot impose any liability ontheCountybythe Awardee oranythirdparty. Commission Auditor Access to Records Pursuant to Ordinance No.03-2,Awardee shallgrant access to the Commission Auditortoall financial andperformancerelatedrecords,property,and equipment purchasedinwholeorinpart withgovernmentfunds,including fundsawardedtpAwardeepursuant to thisAgreement. Prior Approval TheAwardeeshallobtain written approval from PHCD prior to undertaking anyofthe following: 1.The engagement orexecutionofanysubcontracts)orAgreementassignments,wherein CDBGfunds will be used topayforgoodsor services.The Awardee must submit all proposed agreement documents to PHCD atleastthirty(30)dayspriortothestartdateof theagreement.PHCD shallhaveno obligation toapprovepaymentofanyexpenditure (resulting from anagreementor subcontract)whichwas incurred prior tothe approval by PHCD of such agreement or subcontract. 2.The addition ofany positions not specifically listed intheapprovedbudget. 3.The modification or addition of all job descriptions for existingstaff. 4.The purchase of all nonexpendable personal property not specifically listed inthe approved budget. 5.The disposition of all real,expendable personal,and nonexpendable personal property as definedinSection II.Paragraph W.1.ofthisAgreement. 6.Out-of-town travel not specifically listed inthe approved budget. 7.The disposition of Program Income not specifically listed inthe approved Program Income budget. 8..The publication of proposed Solicitation Notices.Invitations for Bids and Requests for Proposals as provided for in Section II,Paragraph Kofthis Agreement. 9.The disposal of all Agreement records as provided for in Section II,Paragraph Nof this Agreement. 10.In theeventthe Awardee wishes to substitute personnel for thekey personnel identified bythe Awardee's Proposal,the Awardee must notify the County in writing and request written approval for the substitution at least ten (10)businessdays prior to effecting such substitution. Monitoring The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all Agreement records,facilities,equipment,materials,and services ofthe Awardee which are in any wayconnectedtothe activities undertaken pursuant tothetermsofthisAgreement,and/orto interview any clients,employees,subcontractors,or assignees ofthe Awardee.Following such inspection or interviews,PHCD will deliver tothe Awardee a report ofits findings,andthe Awardee will rectify all deficiencies cited by PHCD within the specified period of time set forth inthe report,or provide PHCD with a reasonable justification for not correcting the deficiencies.PHCD will determine,,in itssole and absolute discretion,whether ornotthe Awardee's justification is acceptable orifthe Awardee must,despite the justification,rectify the deficiencies cited by PHCD in itsreport. Conflict of Interest Page 18 The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies)and 24 CFR 570.611 with respect toconflicts of interest,and covenants thatit presently has nofinancial interest and shall not acquire any financial interest,direct orindirect,which would conflictin any manner or degree with the performance of services requried under this Agreement. The Awardee further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder.These conflict of interest provisions apply to any person who isan employee,agent,consultant,officer,or elected officialor appointed official of the County,or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program.The Awardee certifies and represents that no officer,director,employee,agent,or other consultant of the County ora member of the immediate familyor household of the aforesaid has directlyor indirectly received or been promised any form of benefit,payment or compensation,whether tangible or intangible,in connection with the grant of this Agreement. The Awardee shall abide and be governed by Miami-Dade County Ordinance No.72-82 (Conflict of Interest Ordinance),as amended,which is incorporated herein by reference as iffully set forth,in connection with its Agreement obligations hereunder. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party thatare covered by the above standards.The Awardee shall make such disclosure inwritingto PHCD immediately upon the Awardee's discovery of such possible conflict.PHCDwill then render an opinion which shall be bindingonallparties. The Awardee shall submit to PHCD,withinfive business days of execution this Agreement,all updated ConflictofInterestaffidavits,RelatedPartyDisclosure statements,listofcurrentBoard members,and list of all business associations with the following documents: >Original Agreement orits subsequent amendments. >Requests for budget revisions. >Requests for approval of subcontracts. Non-compliancewith the aboverequirements will beconsideredabreachofAgreement,which will resultinthe immediate terminationofthe agreement,the recovery of theentirefundingaward,and thedisqualificationoffundingthrough PHCD foraperiodof three years. .a)Awardeecertifiesandrepresentsthattherearenoundisclosedpersonsorentities interested with the Awardee inthis Agreement.This Agreement is entered intoby the Awardee withoutanyconnectionwithanyotherentityorpersonmakingaproposalfor the same purpose,andwithout collusion,fraudorconflictofinterest.Noelectedor appointedofficeror official,director,employee,agentorotherconsultantoftheCounty, or of the State of Florida (including electedandappointed members of the legislative and executive branches ofgovernment),ora member oftheimmediatefamilyor household of any of the aforesaid: i)isinterestedonbehalfoforthroughtheAwardee directly or indirectly inanymanner whatsoever in the execution orthe performance of this Agreement,orin the services, supplies orwork,towhichthis Agreement relatesorinany portion oftherevenues;or ii)isanemployee,agent,advisor,orconsultanttotheAwardeeortothebestofthe Awardee's knowledge any subcontractoror supplier to the Awardee. b)NeithertheAwardeenorany officer,director,employee,agency,parent,subsidiary,or affiliate of the Awardee shall have an interest which isin conflict with the Awardee's faithful performanceofits obligation underthis Agreement;providedthattheCounty,in its sole discretion,may consent in writing to such arelationship,providedtheAwardee providestheCountywitha written notice,inadvance,whichidentifies all the individuals and entities involved and sets forthindetail the nature of the relationship and why itisin the County's best interest to consent to such relationship. Page 19 c)The provisions ofthis Article aresupplementalto,not In lieu of,allapplicablelaws with respect to conflict of interest.In the event there isa difference between the standards applicableunderthis Agreement and those providedby statute,thestricterstandard shall apply. d)Inthe event Awardee hasno prior knowledgeofaconflictofinterestas set forth above andacquires information whichmayindicatethattheremaybeanactualorapparent violation ofanyoftheabove,Awardeeshallpromptlybringsuchinformationtothe attentionofthe County's Project Manager.Awardeeshallthereafter cooperate withthe County'sreviewandinvestigationofsuchinformation,andcomplywith the instructions Awardeereceives from the Project Manager inregardtoremedyingthesituation. T.intentionallyLeftBlank U.Publicity,Advertisements andSignage The Parties agreethattheAwardeeisfundedbytheCountyfor CDBG Activities.Further,the Awardee agreesthat all events funded bythis Agreement shall recognize the County andthe United States Department of Housing and Urban Development (US HUD),as funding sourcesandthatthe Awardee shall ensure that all publicity,public relations,advertisements and signs recognize the CountyandUS HUD for the support of all contracted activities.Thisisto include,butisnot limited to,all posted signs,pamphlets,wall plaques,cornerstones,dedications,notices,flyers,brochures, news releases,media packages,promotions,and stationery.Theuseofthe official County logo is permissible.The Awardee shall ensurethat all media representatives,when inquiring aboutthe activities funded by this Agreement,are informed that the County and US HUD are the funding sources.The Awardee shall notify the County of all events and activities involving the Project ten (10)dayspriortotheactivityor event. When the Awardee obtain(s)the building permit(s),the CHMD Project Manager atthe Department, mustbe notified in order to request the project sign from Miami-Dade County Internal Services Department.Within thirty (30)days ofthe erection ofthe sign,the CHMD Project Manager will submit an invoice tothe Awardee for payment ofthe project sign cost.The Awardee is responsible for all costs for replacing any amended,lost,defaced or missing sign.The sign shall remain onthe premises at least ninety (90)days after the issuance ofthe Certificate of Occupancy (CO)or Certificate ofCompletion (CC). NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNSARE SECURED IN PLACE THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F.Payment for furnishing,installing and maintaining thesign shall beunderthebidamount for mobilization. V.Procurement The Awardee must take affirmative steps to procure supplies,equipment,construction,or services to fulfill this Agreement from minority and women's businesses,andto provide these sources the maximum feasible opportunity to compete for subcontracts tobe procured pursuant to this Agreement.To the maximum extent feasible,these businesses shall be located in or owned by residents of the Community Development areas designated by PHCD in the CDBG application approvedbythe supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals,that low-income residents from Community Development Target and Service Areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3ofthe Housing and Community Development Actof 1968,the Awardee must direct federal financing assistance towards Target Area residents andensurethat employment and economic opportunities be given to low and very low-income persons,particularly those who are recipients of government assistance for housing according tothe guidelines mentioned below: 1.The work tobe performed under this Agreement is subject tothe requirements of Section 3 ofthe Housing and Urban Development Actof 1968,asamended,12 U.S.C.170lu (Section 3).The purpose of Section 3isto ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section Page 20 3,shall,to the greatest extent feasible,bedirectedtolow-andvery low-income persons, particularly persons who are recipients ofHUD assistance for housing. 2.The partiestothis Agreement agree to comply withHUD'sregulationsin24CFRpart135, which implement Section 3.As evidenced bytheir execution ofthis Agreement,theparties tothis Agreement certifythat they are under nocontractualorother impediment thatwould prevent them from complying with the part 135 regulations. 3.The Awardee agrees to send to each labor organization or representative of workers with whichthe Awardee has acollectivebargaining agreement orother understanding,ifany,a notice advising the labor organization or workers'representative of the Awardee's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants fortrainingand employment positions can see the notice.The notice shall describe the Section 3 preference,shall set forth minimum number and jobtitles subject tohire,availability of apprenticeship and trainingpositions,the qualificationsfor each;and the name andlocation of the person(s) taking applications for each of the positions;and the anticipated date the workshall begin. 4.The Awardee agrees to include this Section 3 clause in every subcontract subject to compliance withregulationsin24CFRpart135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract orin this Section 3 clause,upon a finding that the subcontractor isin violation of the regulations in 24 CFRpart 135.The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been foundin violation of the regulations in24 CFR part 135. 5.The Awardee will certify that any vacant employment positions,including training positions, that are filled(1)after the Awardee is selected but before the Agreement is executed,and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were notfilledto circumvent the Awardee's obligations under 24 CFR part 135. 6.Noncompliance,withHUD's regulations in 24 CFR part 135 may result,in sanctions, termination of this Agreement for default,and debarment or suspension fromfutureHUD assisted contracts. 7.With respect to work performed in connection with Section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450e)also applies to the work to be performed under this Agreement.Section 7(b) requires that to the greatest extent feasible (i)preference and opportunities fortraining and employment shall be giventoIndians,and (ii)preference in the awardof contracts and subcontracts shall be given toIndian organizations and Indian-owned Economic Enterprises.Parties tothis Agreement that are subject to the provisions of Section 3 and section 7(b)agree to comply with Section 3to the maximum extent feasible,butnotin derogation of compliance with section 7(b). 8.Fair Subcontracting Policies (Ordinance 97-35) All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 as amended,requiring Awardees toprovidea detailed statement of their policies and procedures for awarding subcontracts which: a)notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b)invites local subcontractors to submit bids/proposals inapractical,expedient way; c)provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid/proposal; d)allowslocal subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements;and e)awards subcontracts based on full and complete consideration ofall submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall,as a condition of award,provide a statement of their subcontracting policies and procedures (see Attachment G).The County willnot execute this Agreement with Awardees who failto provide a statement of the Subcontractors Policies and Procedures. Page 21 The County reserves therighttoeitherapproveorwithdraw its consent toa subcontract ifit appears to the County,initsdiscretionandauthority,that the subcontract will delay,prevent,or otherwise impair the performance of the Awardee's obligations under this Agreement. W.Property 1.Definitions a.Property.As defined on page 2 herein. b.RealProperty:Land,land improvements,structures,fixturesand appurtenances thereto,excluding movable machinery and equipment. c.Personal Property:Personalproperty of any kind except realproperty. 1)Tangible:Allpersonalpropertyhaving physical existence. 2)Intangible:Allpersonalpropertyhavingnophysical existence such as patents,inventions,and copyrights. d.NonexpendablePersonal Property:Tangiblepersonalpropertyofa nonconsumable nature,witha value of $1,000 ormoreperitem,withanormal expected life of one ormoreyears,notfixedinplace,andnotanintegralpartofa structure,facilityor another piece of equipment. e.ExpendablePersonal Property:Alltangiblepersonalpropertyotherthan nonexpendable property. 2.TheAwardeeshallcomplywiththerealpropertyrequirementsas stated below: a.Any real property undertheAwardee's control thatwasacquiredor improved by Awardee orPHCDin whole orinpartwithCDBGfunds received fromPHCDin excess of $25,000 shall be either 1)Usedtomeetoneofthethree (3)CDBG national objectives until five (5) yearsaftertheexpirationorterminationofthis Agreement,orforsuch longerperiodoftime as determined byPHCDinits sole andabsolute discretion;or 2)Notusedtomeetoneofthethree(3)CDBG National Objectives.In the event thepropertyisnotusedto meet oneofthenationalobjectivesfor fiveX5)years following the expiration or termination of this Agreement or such longerperiod as determined byPHCD,the Awardee shall,inthe solediscretionof PHCD,eitherpayto PHCD an amount equaltothe market value ofthepropertyasmaybedeterminedbyPHCDinitssole andabsolutediscretion,less anyproportionateportionof the value attributable toexpendituresof non-CDBG fundsforacquisitionof,or improvementto,the property ortransferthe property to PHCD atnocost to PHCD.Reimbursement isnotrequiredaftertheperiodoftime specified in Paragraph W.2.a.1.,above. b.Anyreal property undertheAwardee's control thatwasacquiredorimprovedin wholeorinpart with CDBGfundsfromPHCDfor $25,000 or less shallbe disposedof,atthe expiration orterminationofthis Agreement,inaccordancewith instructions from PHCD. c.Allrealpropertypurchasedorimprovedinwholeorinpartwithfundsfromthis andpreviousAgreementswith PHCD,or transferred totheAwardeeafterbeing purchasedinwholeor in partwithfundsfrom PHCD,shallbelistedintheproperty recordsofthe Awardee andshallincludealegaldescription;size;date of acquisition;viaiue attimeof acquisition;presentmarketvalue;present condition; address orlocation;owner's name if different from the Awardee;informationon thetransferor disposition ofthe property;andmap indicating whetherpropertyis in parcels,lots,orblocksandshowingadjacentstreetsandroads.The property recordsshalldescribetheprogrammaticpurposeforwhichthepropertywas Page 22 acquiredandidentifytheCDBGnational objective thatwillbe met.Iftheproperty was improved,the recordsshall describe theprogrammatic purpose forwhich the improvements were madeandidentifytheCDBGnational objective that will be met. d.For awards involvingthe purchase or improvement of real property,the Awardee agrees to execute amortgage,loandocument,orrestrictive covenant forthe CDBGawardwithPHCDwithin180 days after the execution of this agreement. Failure to comply withthisrequirementmayresultintheretractionoftheCDBG awardfor the projectandtermination of this agreement. e.Allrealpropertyshallbeinventoriedannuallybythe Awardee andaninventory reportshallbe submitted to PHCD.Thisreportshallinclude the elements listedin Paragraph W.2.C.,above. Nothing inthissectionshallbeconstruedto limit theCounty's right tocollect from Awardee -~the-entire-amount-of-CDBG funds-awarded-pursuant to this Agreement in the event Awardee failsto meet a national objective. 3.Inventory-Capital Equipment andRealProperty All capital itemsacquired for.the project by the Awardeewithfunds allocated inthis Agreementshallbe assets oftheAwardee and maybesecuredbyamortgage delivered to the County.Acapital item shallbedefinedasan item that:(1)hasaservice life in excess ofone year;(2)iseithercomplete within itselforisa major componentofanotheritemof property;(3)by definition cannotbedescribedeitherassuppliesor materials;(4)will notbe consumedorloseits identity;and(5)hasaunitcostof$500ormore.Awardeeshallnotify the County immediately upon acquiring any capital itemswith funds allocated inthis Agreement TheCountyshallallowtheAwardeeto retain possessionof capital equipmentafter expiration ofthisAgreementas long asthe Awardee continues to provide theservice describedinthe Scope ofServices (Attachment A).IftheAwardeedisbands,becomes defunctorinanyway ceases toexistoriftheAwardee ceases to provide theservice describedintheScopeofServicesoranotherserviceofvalue,Awardeeshall notify the County immediately and provide instructions describing howthe County maytake possession ofthe capital equipment.Awardee shall deliver tothe County all documents of titleorownershipandshalltransferorassignsuchownership rights tothe County. Foreclosure oftheCountymortgageorenforcementofotherdocuments shall notbe required inorder for theCountyto claim andtakepossessionof capital equipment. 4.TheAwardeeshallcomplywiththenonexpendablepersonal property requirementsas stated below: a.All nonexpendable personal property purchased or improved inwholeorin part withfundsfromthisandprevious Agreements with PHCD shallbelistedinthe property recordsoftheAwardeeand shall include a description ofthe property; location;model number;manufacturer's serial number;dateof acquisition;funding source;unit cost atthetimeof acquisition;presentmarketvalue;property inventory number;information onits condition;and information on transfer, replacement,ordisposition of theproperty. b.Allnonexpendable personal property purchasedor improved inwholeorinpart withfundsfromthisandprevious Agreements with PHCD shallbeinventoried annually bytheAwardeeandan inventory report shallbesubmittedto PHCD.The inventoryreportshallincludetheelementslistedin Paragraph W.3.a.,above. c.Title (ownership)to all nonexpendable personal property purchased inwholeorin part withfundsgiventothe Awardee pursuant tothetermsofthisAgreement shall vest in the County andPHCD. 5.TheAwardeeshallobtain prior written approval from PHCD for the disposition of real property,expendable personal property,and nonexpendable personal property purchased or improved inwholeorinpart with fundsgiventotheAwardeeor subcontractor pursuant tothetermsofthisAgreement.TheAwardeeshalldisposeofallsuch property in Page 23 accordance with instructions from PHCD.Those instructions may require the return of all such property toPHCD. Program Income 1.Program Income as defined in 24 CFR Part 570.500 means gross income received bythe Awardee directiy generated from activities supported by CDBG funds.When Program Income is generated byan activity thatisonly partially assisted with CDBG funds,the income shall be prorated to reflect the percentage of CDBG fundsused. 2.The Awardee shall not,under any circumstances,use Program Income to pay for charges orexpensesthatare specifically not allowed pursuant tothetermsofthisAgreementand applicable federal regulations or rules,oranyCountyrulesor ordinance. a.TheAwardee shall comply with the Program Income provisions in PHCD's Policies and Procedures Manual.Ifany Program Income provisions ofthe Policies and Procedures Manual conflict with any Program Income provisions of thisAgreement,the provisions ofthisAgreementshallrule. b.The Awardee shall report to PHCD all cumulative Program Income generated from activities financed in whole orin part by funds from this Agreement,for as long as it receives and/or has control over Program Income generated from this and any previous Agreements withPHCD.The Awarded must submit the informationfor .the generated Program Income to PHCD quarterly aspartofthe Fiscal Sectionof the Awardee's Progress Report as outlined in Section II,Paragraph F.2.a. The County may expressly permit Awardee touse Program Income in theScope of Services.If such permission is not expressly set forth in theScopeof Services, then Awardee must request permission from the County touse Program Income for eligible activities.The County may in itssole discretion grant such permission, but such permission may require the approval of the Board of County Commissioners. cIfthe Awardee requests touse Program Income,the Awardee shall provide to PHCD a written explanation ofthe activities tobe assisted with Program Income and shall obtain PHCD's written approval prior to implementing those activities. All provisions of this Agreement shall apply to any activity performed using Program Income. d.Should Awardee be granted permission touse Program Income,Awardee's useof Program Income shall be subject tothe limitations set forth in this Agreement and asset forth inthe CDBG regulations,24 CFR Part 570 etseq.Awardee acknowledgesthat theCDBG Regulations require that Awardee spend Program Income before further CDBG funds are drawn down.Therefore,intheeventthat the County permits Awardee touse Program Income,Awardee agrees that Awairdee shall expend the Program Income funds prior to seeking payment of CDBG funds from the County.Twenty percent (20%)ofthe Program Income Awardee makes,retains or receives shall be paid tothe County ona quarterly basis and reported in Awardee's quarterly Progress ReportAtthe conclusion of the contract period or upon termination of this Contract,Awardee shall immediately pay/retum all Contract funds and Program Income tothe County. e.Should Awardee be granted permission touse Program Income from a revolving loan activity,Program Income mustbeused only for thesame revolving loan activity. f.Should Awardee be granted permission touse Program Income,Program Income from a revolving loan activity,suchas loan repayments,interest earned,late fees, and investment income,shall be substantially disbursed to eligible loans,loan- related programmatic costs,and operational costs for thesame revolving loan activity before the Awardee may request additional CDBG funds for that activity. g.Should Awardee be granted permission touse Program Income,all Program Income from activities other than a revolving loan activity shall be substantially disbursed to carry outother PHCD-approved CDBG eligible activities,andto cover operational costsbefore requestingadditionalCDBGfunds. Page 24 Travel h.Any proceeds from the sale of property as detailed in Section II,Paragraph W.4., above,shall be considered Program Income. i.The Awardee shallobtain,as part of the required audit report,validation bya certified auditor of all Program Income and its disposition. Upon expiration or termination of this Agreement orat the end of any program year,the Awardee shall transfer to the County any ProgramIncomefundson hand,andany Program Income accounts receivable to any CDBG funded activities.PHCD may require remittance of allorpartof any Program Income balances (including investments thereof). PHCD,inits sole and absolute discretion,reserves the rightto pursue other courses of action in the retention and use of Program Income generated by the Awardee,and such action shall not require an amendment to this Agreement. The Awardee shall comply with the County's travel policies.Documentation of travel expenses shall conform to the requirements of PHCD's Policies and Procedures Manual. Subcontracts and Assignments 1.Unless otherwise specified inthis Agreement,the Awardee shall not subcontract any portion of the work without the priorwritten consent of the County.Subcontracting without the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed,the Awardee shall comply with County Resolution No. 1634-93,Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a.Ensure that no contractor,subcontractor or assignee is listed on the U.S.HUD's debarred,suspended,orineligible contractors list;Awardee shall use,ata minimum,USHUD'sExcludedPartiesList System toconfirm clearance of contractors.The system maybe accessed at https://www.sam.gov/Awardee shallprovidetoPHCDacopyofthesitepagethatindicatesthe name andthe date it was checked.Awardee shall further ensure that no contractor, subcontractor,or assignee islistedonMiami-Dade County's debarred Contractor's List;Awardee shall,ata minimum,check at http://www.miamidade.gov/business/smaH-business.asp to determine ifa personorentityison Miami-Dade County's debarred contractor's list.Awardee shallprovide PHCD witha printout copyof the sitepagethatindicatesthename and the date it was checked. b.ComplywithallCDBGrequirements,asapplicable,as well asthe regulations specified inPHCD'sPoliciesandProceduresManual. c.Identify the full,correct,andlegal name of the party. d.Describe the activities to be performed. e.Present a complete andaccurate breakdown of itsprice component. f.Incorporate aprovision requiring compliancewithallapplicableregulatoryand other requirements of this Agreement andwithanyconditionsofapprovalthat the County orPHCD deem necessary. Thisappliesonlytosubcontractsand assignments inwhichpartiesareengaged tocarryoutanyeligiblesubstantiveprogrammaticservice,asmay be definedby PHCD,set forthinthis Agreement.PHCDshallinitssolediscretion determine when services areeligible substantive programmatic services and subject tothe audit and record-keeping requirements described above,and; Result froman open competitivebid process generatingaminimum of threebids. Such competitive process shallbedescribedin writing,approvedby the Boardof Page 25 Directors and a copy ofwhich submitted toPHCD.In such circumstances that open,competitive bids are not feasible or that a minimum of three bids are unobtainable,permissiontouseother methods ofawardmustbe requested in writing and approved byPHCDpriorto the assignment or award of subcontract. The Awardee agrees that no assignment or sub-contract willbe made or letin connection with the Agreement without the priorwritten approval ofPHCD,which approval shallnotbe unreasonably withheld,and that all such sub-contractors or assignees shallbe governed by the terms and intentofthis Agreement. g.incorporatethe language of Attachment E,"Certification Regarding Lobbying." h.IncludelanguagestatingthattheSubcontractorunderstandsand agrees thatthe Countyisnotapartytothesubcontractandhasno obligation to the subcontractor. i.TheAwardeeshallmaintain,and shallrequirethatits subcontractors and suppliersmaintain,completearid accurate recordsto substantiate compliance withthe requirements set forthinthe Scope of Services.The Awardee andits subcontractors and suppliers,shallretain such records,and all other documents relevanttotheServices furnished underthisAgreementforaperiodofthree(3) years fromtheexpirationdateofthisAgreementandanyextensionthereof. 2.The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee isnot responsible forany insurance orother fringe benefits,e.g.,social security,income tax withholdings,retirementorleavebenefits,forthe Consultant or employeesofthe Consultant normally available todirectemployees ofthe Awardee.The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying outthe Scope of Services provided inthis subcontract 3.The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services.Regardless of any approvals by PHCD of subcontractsorsubcontractors,theAwardeeshall bear allrisks associated with subcontracting performance of the Activitiestoa subcontractor. 4.The Awardee shall receive from PHCD written prior approval for any subcontract engaging any party who agreesto carry outany substantive programmatic activities as may be determined by PHCD as described in this Agreement.PHCD's approval shall be obtained priortothe release of any fundstothesubcontractor. 5.The Awardee shall receive written approval from PHCD prior to either assigning or transferring any obligations or responsibility set forth in this Agreement orthe right to receivebenefitsorpayments resulting from this Agreement. 6.Approval by PHCD of any subcontract or assignment shall not under any circumstance be deemedto provide forthe incurrence ofany obligation by PHCD inexcessofthetotal dollar amount agreed uponinthis Agreement. 7.if the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials,the Awardee shall provide thenamesofthe subcontractors and suppliers to PHCD (Attachment H). 8.The Awardee agrees that it will not change or substitute subcontractors or suppliers from thelist (Attachment H)without priorwritten approval from PHCD. 9.The Awardee shall not hire any ofthe Awardee's staff members or employees as subcontractors. AA.Additional Funding The Awardee shall notify PHCD ofany additional funding,received for any activity described in this Agreement.Such notification shall be in writing and received by PHCD within thirty (30)daysofthe Awardee's notification bythe funding source. Page 26 BB.Method of Payment The Awardee shall be paid as described below: 1.The Awardee shall be paidfor those expenses allowed pursuant to the provisions provided below only when the Awardee submits toPHCD adequate proof,as determined byPHCD inits sole and absolute discretion,that the Awardee has incurred the expenditures.It shall be presumed thatthe Awardee has provided adequate proof ofhavingincurred expenses if the Awardee submits toPHCD canceled checks or original invoices approved by the Awardee's authorized representative which show performance of the Activities described in Attachment A and conformance with the laws,rules and regulations set forthinthis Agreement.When original documents cannot be presented,the Awardee must adequately justify their absence inwritingandfurnish copies of those documents toPHCD.The Awardee shallbepaidonlyfor those expenditures contained within Attachment B, "Budget,"tothis Agreement asit may be revised with the priorwrittenapprovalbyPHCD. 2.Requests for payment (reimbursement)shall be assembled by calendar month and submitted toPHCDno less frequently than monthly.Expenditures incurredby the Awardee must be submitted toPHCD,along with all original invoices,copies offrontand back of cancelled checks paidtoall subcontractors and suppliers,all release of liensfrom alll subcontractors and suppliers,andallfinal approved permits,for payment within30 days .after the month in which the expenditures were incurred.Failureto comply will result in rejectionofinvoices.Inno event shalltheCountybeobligatedtopayanyinvoicesfor expenses whichwereincurredmorethan60 days priorto the datethe request for payment is submitted to PHCD. 3.Inno event shall the County provide advance CDBGfundingto the Awardee ortoany subcontractor hereunder,nor shall the Awardee advance CDBG funds to any party. 4.Any payment dueunderthetermsofthis Agreement may bewithheldpendingthereceipt andapprovalbyPHCDofallreportsand documents whichtheAwardeeisrequiredto submit toPHCD pursuant to the terms ofthis Agreement orany amendments thereto. 5.Allpayments will be limited tothe quarterly paymentschedulethataccompaniestheaction stepchartinthescopeofservices.Paymentiscontingentontheachievementbythe Awardeeofthe quarterly accomplishmentlevelsidentifiedinthescopeofservices portion ofthis agreement -Attachment A,whichshallbe submitted withall payment requests andshallclearly identify thecompletedlevelofaccomplishmentsmet.Thisshallalsoapply to soft costs associated with project delivery. 6.No payments)will bemade without evidenceof appropriate insurance required bythis Agreement.Suchevidencemustbeon file with PHCD andthe Internal Services Department.PHCD mustreceivethe final requestforpayment from theAwardeenomore than thirty (30)calendardaysafterthe expiration or termination ofthisAgreement.If the Awardee failstocomplywiththisrequirement,the Awardee will forfeit allrightsto payments)ifPHCD,initssolediscretion,so chooses. 7.Allmoniespaidtothe Awardee whichhavenotbeenusedto retire outstanding obligations ofthisAgreementmustberefundedto PHCD inaccordancewith PHCD's Policies and Procedures Manual. 8.Any unexpended funds remaining afterthecompletionoftheservicesunderthis Agreement,orafter termination ofthisAgreement,shallberecapturedin full bytheCounty. 9.In the event theCountydeterminesthattheAwardeehasbreachedthetermsofthis agreementandthattheCountyisentitledto return ofanyor all ofthefundsawardedunder this Agreement,AwardeeagreestoandshallassignanyproceedstotheCountyfromany Agreement betweentheCounty,itsagenciesorinstrumentalitiesandtheAwardeeorany firm,corporation,partnership orjointventureinwhichtheAwardeehasa controlling financial interest inorderto secure repayment ofthisaward."Controlling financial interest" shall mean ownership,directly or indirectly totenpercentormoreoftheoutstandingcapital stockinany corporation oradirectorindirectinterestoftenpercentormoreina firm, partnership or other business entity. CC.Reversion of Assets Page 27 The Awardee shall return to PHCD,upon the expiration or termination ofthis Agreement,all assets owned or held by Awardee asa result ofthis Agreement;including,butnot limited toany CDBG funds onhand,anyaccounts receivable,anyoverpaymentsduetounearnedfundsorcosts disallowed pursuant tothe terms of this Agreement that were disbursed tothe Awardee bythe County,otherthan reasonable operating and deficit reserves established by Awardee and which are connected with the real property.In thecaseof activities involving real property,suchreserves shall notbe distributed toany partner or subcontractor prior torepaymentto PHCD ofthe CDBG Loan. The Av/ardee shall atthe request ofthe County executeanyand all documents,including butnot limited to,mortgages securing the property,UCC financing statements,and restrictive covenants,as requiredby the County to effectuate thereversion of assets. DD.Restriction on the Use of Funds The funds received pursuant this Agreement shall beused for the purposes set forth herein and shall notbeusedto supplant other funds.In noevent shall funds received pursuant tothis Agreement be used for: 1.Adverse Actions or Proceedings.The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County oranyofitsagents, instrumentalities,employees or officials.The Awardee shall not utilize County funds to provide legal representation,advice or counsel toany client in any action or proceeding against the County oranyofits agents,instrumentalities,employeesor officials. 2.Religious Purposes.County funds shall notbeused for religious purposes. 3.Commingling Funds.The Awardee shall not commingle funds provided under this Agreement with funds received from any other funding sources,butmaybe included ina Development BankAccount permitted bythe first mortgage lenderatthe discretion ofthe County. III.THE COUNTY AGREES: Subject to the availability of funds,to pay for contracted Activities according to the terms and conditions containedwithinthis Agreement inan amount notto exceed $55.000. IV.THE AWARDEE AND PHCD AGREE: A.Effective Date 1.This Agreement shall begin on October 1,2014.Any costs incurred by the Awardee prior tothisdate will notbe reimbursed bythe County. 2.This Agreement shall expire on September 30.2015.Any costs incurred by the Awardee beyond this date will not be reimbursed bythe County.The term of this agreement and the provisions herein may be extended bythe County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests,including Program Income to support CDBG eligible activites.Any extension made pursuant to this paragraph shall be accomplished bya writing bythe County tothe Awardee.Such notice shall automatically becomea part ofthisAgreement. 3.This Agreement may,atthe sole and.absolute discretion ofthe County and PHCD,remain in effect during any period that the Awardee has control over Agreement funds,including Program Income.However,the County shall have no obligation or responsibility to make any payment,exceptthose described within Section 11,Paragraph Y,or provide anytypeof assistance or support tothe Awardee if this Agreement has expired orbeen terminated. 4.Management Evaluationand Performance Review The Department may conduct a formal management evaluation and performance review of the Awardee,if in the Departmenf s sole discretion itis deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices.The performance review Page 28 shouldreflectthequalityofserviceprovidedandthe value^receivedusing monitoring data, such as progress reports,site visits,andclient surveys. B.Default or Breach 1.TheAwardeeshallbeindefaultorbreachofthis Agreement ifanyofthe following acts, omissions or conditions occur a.The Awardee failsto fulfill each and every provisionofthis Agreement andthe Attachments andfailstoprovide the services outlinedin the Scope of Services (Attachment A)within the effective term of this Agreement,including but not limitedtofailureto meet the National Objective,as determined by the County and U.S.HUD. b.Awardee failsto disclose all Related orAffiliatedPartiesandall matters required to be disclosed as to Related orAffiliatedPartiesto the County as requried herein. c.Filing of alis pendens,foreclosure action,or other legalaction against the Property,any propertyof Awardee or Related orAffiliatedParty,or against Awardee or Related or Affiliated Party which the County determines,inits sole discretion,threatens the Property or the ability of Awardee to fulfill the provisions of this Agreement and the services outlined in the Scope of Services. d.Any arrearage,default,orlate payment on any loan,Note or other debt or obligation for which the Property is security or regarding any property of Awardee or Related or Affiliated Party,including properties not related to this Agreement. e..Any legal encumbrance on the Property not permitted in writing by the County. f.Any anticipated or pendingbankruptcy,restructuring,dissolution,reorganization, appointment of a trustee or receiver. g.Any action,activity,facts,or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h.Awardee failsto report to the County within ten (10)days any bankruptcy, reorganziation,dissolution,liquidation,appointment ofa trustee or receiver,lis pendens,foreclosure action orlegal encumberance related to the Awardee, Related or Affiliated Partyor the Property,or any action,activity,facts,or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement. i.Failureto comply strictlywith Section W(2)(a)(1)-(2)ofthis Agreement: j..Failureto meet the fifty,percent (50%)or seventy percent (70%)Benchmarks,as set forthinthisAgreement,ortosubmitdocumentation(viaProgressReportsand applicable supporting documentation)sufficient to show Awardee has met said Benchmarks. Suspension 1.TheCounty may suspend payment in whole orinpartunderthisContractbyproviding written notice to the Awardee of such suspension and specifying the effective date thereof, at least ten (10)days before the effective date of suspension.If payments are suspended, the County shall specify inwriting the actions that must be taken by the Awardee as conditions precedent to resumption of payments andshall specify a reasonable date for compliance.The County may also suspend any payments in whole orinpart under any other Agreements entered into between the County and the Awardee.The Awardee shall be responsible forits own direct and indirect costs associated with such suspension, including attorney's fees.Reasonable cause shall be determined byPHCD,inits sole and absolute discretion,and may include,but is not limited to: a.Ineffective or improper use of these Agreement funds by the Awardee or any of its subcontractors; Page 29 b.Failureby the Awardee tomaterially comply with any term or provision of this Agreement; c.Failureby the Awardee to submit any documents required bythis Agreement;or d.The Awardee's submittal of incorrector incomplete reports or other required documents. e.Failureto meet the fifty percent (50%)or seventy percent (70%)Benchmarks,as set forthinthis Agreement,orto submit documentation (via Progress Reports and applicable supporting documentation)sufficient to show Awardee has met said Benchmarks. 2.in the event of adefaultby the Awardee,PHCD may atany time suspend the Awardee's authoritytoobligatefunds,withhold payments orboth.These actions may applytoonly partorall of the activities funded bythis Agreement. 2.PHCD will notifythe Awardee ofthe type of actiontobe taken inwritingbycertifiedmail, return receipt requested,orinpersonwith proof of delivery.The notificationwill include the reason(s)forsuchaction,theconditionsoftheaction,andthe necessary corrective action(s). Termination 1.Termination at Will ThisAgreement,inwholeorin part,maybeterminatedby PHCD uponnolessthanten (10)working days notice when PHCD determines that it would be in the best interest of PHCD andtheCounty.Saidnoticeshallbedeliveredby certified mail,returnreceipt requested,orinpersonwith proof of delivery.In theeventof termination,theCounty may: (a)requestthe return of all finished or unfinished documents,datastudies,surveys, drawings,maps,models,photographs,reports prepared,and capital equipmentsecuredby the Awardee with County funds under this Agreement;(b)seek reimbursement of County funds allocated tothe Awardee under this Agreement;and/or (c)terminate or cancel any otherAgreementsenteredintobetween the CountyandtheAwardee.TheAwardeeshall beresponsibleforitsowndirectand indirect costsassociatedwithsuch termination, including attorney's fees. 2.Termination for Convenience PHCD may terminate this Agreement,inwhole part,whenboth parties agreethatthe continuationoftheactivitieswouldnotproducebeneficialresults commensurate withthe further expenditure offunds.Bothpartiesshallagree upon the termination conditions. PHCD,atitssole discretion,reservesthe right toterminatethisAgreementwithoutcause uponthirty(30)dayswrittennotice.Uponreceiptofsuchnotice,the Awardee shallnot incurany additional costsunderthis Agreement. 3.Termination Because of Lack of Funds In theeventofa funding short-fall,ora reduction in federal appropriations,orshouldfunds to finance thisAgreementbecome unavailable,PHCD mayterminatethisAgreementupon no less thantwenty-four(24)hourswrittennotificationto the Awardee.Saidnoticeshallbe delivered by certified mail,return receipt requested,orin person with proof of delivery. PHCDshall be the final authorityto determine whether ornot.fundsareavailable.PHCD may at its discretionterminate,renegotiateand/or adjust the Agreement award whichever isinthe best interestof the County. 4.TerminationforSubstantialFundingReduction Inthe event,ofa substantial funding reduction ofthe allocation totheAwardeethrough BoardofCountyCommissioners'action,the Awardee may,atitsdiscretion,requestin writing from the Director of PHCD areleasefromitscontractualobligationstotheCounty. Page 30 The Director of PHCD will reviewtheeffectoftherequestonthecommunityandthe County priorto making afinal determination. Termination for Default or Breach PHCD may terminate this Agreement upon no less than twenty-four (24)hours written notification to the Awardee for breach or default. Termination forFailureto Make Sufficient Progress. PHCD may terminate this Agreement,in whole orinpart,when PHCD determines,inits sole and absolute discretion,that the Awardee isnot making sufficient progress thereby endangering ultimate Agreement performance,orisnot materially complying with any term or provision of this Agreement,PHCD may treat such failureto comply as a repudiation of this Agreement; 7.Termination for Bankruptcy The County reserves the rightto terminate this Agreement,if,during the term of any Agreement the.Awardee has with the County,the Awardee becomes involved as a debtor ina bankruptcy proceeding,or becomes involved ina reorganization,dissolution,or liquidation proceeding,orifa trustee or receiver is appointed over allora substantial portion of the property of the Awardee under federal bankruptcy lawor any state insolvency law. 8.General to.Termination and Breach Unless the Awardee's breach is waived by the County inwriting,the County may,by written notice to the Awardee,terminate this Agreement upon no less than twenty-four (24)hours notice.Said notice shall be delivered bycertifiedmail,return receipt requested,orin person with proof of delivery. Waiver ofbreach of any provision ofthis Agreement shallnotbe deemed tobeawaiverof anyotherbreachandshallnotbeconstruedtobea modification ofthetermsofthis Agreement.Theprovisionshereindonot limit the County's right tolegalorequitable remedies.The County may resorttoany remedy for breachprovidedhereinoratlaw, includingbutnotlimitedto,takingovertheperformanceoftheServicesoranypartthereof either by itself or through others. In the event theCountyshallterminatethis Agreement fordefaultorbreach,theCountyor its designated representatives,mayimmediately take possession ofallapplicable equipment,materials,products,documentation,reportsanddata. 9.Penalties forFraud Misrepresentation orMaterial Misstatement In accordance with the Code of Miami-Dade County,Section 2-8.4.1,any individualor corporation orotherentitythatattemptsto meet its contractual obligationswiththeCounty through fraud,misrepresentationor material misstatement,shallhaveits Agreement with theCountyterminated,whenever practicable,asdeterminedbytheCounty.TheCounty mayterminateorcancelanyother Agreements whichsuch individual orother subcontracted entityhaswiththeCounty.Suchindividualorentityshallberesponsiblefor its own direct and indirect costs associated with such termination or cancellation,including attorney's fees.The foregoingnotwithstanding,any individual orentitywho attempts to .meet itcontractualobligationswiththeCountythroughfraud,misrepresentation ormaterial misstatement may be disbarredfromCountycontractingforuptofive(5)years. E.Other Remedies ..In additionto other provisions set forth herein,in the event ofdefaultby the Awardee,the Page 31 County shall have the rightto exercise anyandallof the following remedies: 1.Awardee shall be liableforall damages,includingbutnotlimitedto: a.the difference between the cost associated withprocuring Services hereunder and the amount actually expended bythe County for reprocurement of Services,including procurement and administrative costs;and b.such other direct damages. 2.The Awardee shallremainliableforanyliabilitiesandclaimsrelatedto the Awardee's performanceofthisAgreementoranybreachordefault,notwithstandingtheexpirationor termination of this Agreement. 3.Seek enforcement ofthis Agreement including butnotlimitedto filing anactionwithacourt ofappropriate jurisdiction.The Awardee shallbe responsible foritsowndirectandindirect costs associated with such enforcement,including attorney's fees. 4.DebartheAwardee from future County contracting. 5.Anyotherremedyavailableatlaworequity. Damages Sustained.Notwithstanding theabove,the Awardee shall notbe relieved of liability tothe County for damagessustainedbytheCountyby virtue ofanybreachoftheAgreement,andthe County may withhold any payments tothe Awardee until such time astheexact amount of damages duethe County is determined.The County may also pursue any remedies available at law or equity to compensate forany damages sustained bythebreach. PaymentSettlement.If termination occurs for reasonsotherthanbreachor default,Awardee shall be paid only for reasonable,allowable costs incurred byAwardee prior tonoticeof termination. "Reasonable,allowable costs"arethosecosts which are necessary in order to perform Awardee's obligations underthis Agreement and specifically excludeexpenses incurred prior to the execution date of this Agreement,personal expenses,travel expenses,expenses related to additional phases ofthe Project not specifically and expressly incorporated into this Agreement.PHCD shall bethe sole judge of "reasonable,allowable costs."All compensation pursuant to this Article is subject to an audit atthe County's discretion.Awardee shall not receive payment for lost future revenues,lost developer fees orlostprofits, E-1.Limitation of Liability and Limitation of Remedies Awardeeacknowledgesthatthe County is providing substantial fundstoAwardeeatlowornocost to Awardee,and that these CDBG funds are for the purpose of providing a benefit tothe community health and welfare. Therefore,notwithstanding any other provision herein,the Parties agree tothe following limitations on liabilities for any and all claims of any kind arising from or in connection with performance or breach ofthis Agreement,which limitations shall apply equally to both Parties: 1.Both Parties'cumulative liability for damages,ifany,is limited totheamountofthe CDBG funds set forthin Section III,above. 2.Neither party shall be liable for lost revenues,lost profits,lost program income,or lost developer fees. 3.Each party shall bearitsown attorney's feesandcosts. 4.Neither party shall be liable for costs incurred bytheother party prior tothe execution of this Agreement. F.Renegotiation,Modification andRighttoWaive Page 32 1.Modificationsofprovisionsofthis Agreement shallbevalidonlywhenin writing andsigned bydulyauthorized representatives of each party,whichfortheCountyistheCountyMayor orMayor's designee.The parties agree to renegotiate this Agreement ifPHCD determines, inits sole and absolute discretion,thatfederal,state,and/orCountyrevisions of any applicable laws or regulations,or increases or decreases in budget allocations make changes in this Agreement necessary.PHCDshallbe the finalauthorityin determining whether ornotfundsforthis Agreement are available due tofederal,state and/or County revisions.of any applicable lawsor regulations,or increases in budget allocations. 2.The County shall have the rightto exercise an option to extend this Agreement beyond the current Agreement periodandwill notify the Awardee inwriting of the extension.This Agreement may be extended beyond the initial extension period upon mutual agreement between the County and the Awardee,upon approval by the County Mayoror Mayor's designee. 3.The County may,for good and sufficient cause,waive provisions in this Agreement.Waiver ._.re_quesfs_from-the_Awarde.e_shall beJo_.writing.__No_waiyexshall be valid unless in writing.. and signed by the County Mayoror Mayor's designee.Any waiver shall not be construed to be a modification of this Agreement. 4.The County's failureto exercise any of its rights under this Agreement,or the County's waiver of a provision on any one occasion,shall not constitute a waiver of such rightsor provision on any other occasion.Nofailureor delay by the County in the exercise of any right shall operate as a waiver. G.BudgetRevisionsandChangestothe CDBG Eligibility ActivityTitle 1.Revisions to the Budget (Attachment B)shall be requested inwriting and must comply with PHCD's Policies and Procedures Manual.All budget revisions shall require an amendment of this Agreement,which the County shall have no obligation to execute.The County shallnotbe obligated to make payments for expenditures incurredpriorto the approval of the budget revision related to such expenditures. 2.Budget Revisions Through County Resolution Should a portionofthefundingallocationtothe Awardee be rescinded byactionfromthe Board of County Commissioners,writtennotificationviacertifiedmailtothe Awardee advising of the fundingreductionshall be sent byPHCDnolaterthanfive(5)working days of the action;written notification will constitute a Agreement amendment.The Awardee will have fiveworking days uponreceiptofcertifiedreturnreceiptnotificationto submit a revisedbudget reflecting ifunding adjustments.Shouldthe modified budgetnotbereceived within the specified time,TheCountywillrevise the budget atitsdiscretion.The County in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A).Revisions to the Scope of Services,when required,willbe negotiated tothemutualsatisfaction of both parties. 3.Revisions to the CDBGeligibilityactivitytitles under whichthis Agreement's objectives are classified as noted in the Scope of Services (Attachment A)shallnot require a Agreement arnendment. H.Compliance The County shall have therightto inspect,monitor,andinquireof Awardee ,atthe sole and absolute discretion of the County,remainin effect during any periodthatthe Awardee is obligated to complete aNational Objective or has control over Agreement funds,includingProgramIncome,in orderto ensure .compliance withthe.CDBG Regulations.However,the County shall have no obligationorresponsibilityto make any payment orprovideany type of assistance orsupportto the Awardee ifthis Agreement has expired or been terminated. The Awardee agrees to comply withall applicable State and County laws,rulesand regulations, whichare incorporated hereinby reference orfully set forthherein. Any alterations,variations,modifications,extensions or waivers ofprovisionsofthis Agreement shallonlybevalid when they have been reduced towriting,duly approved and signed byboth parties and attached to the original of this Agreement. Page 33 Thiscontractmaybe executed incounterpartcopies,and these counterparts shall together constitute anoriginalofthis Agreement. I.Disputes In the event an unresolved dispute exists between the Awardee and PHCD,PHCD shall refer the questions,includingtheviewsofall interested parties and the recommendation ofPHCD,to the CountyMayorfordetermination.TheCounty Mayor,oran authorized representative,will issue a determination within thirty(30)calendar daysofreceiptandso advise PHCDandtheAwardee,orin theevent additional timeisnecessary,PHCD will notify theAwardee within the thirty (30)day periodthat additional timeisnecessary.TheAwardee agrees thatitshallnot seek legal redress for breachorenforcementofthisAgreement until thirty (30)daysfromtheCounty Mayor's issuing. his/her determination. J.Headings ThesectionandparagraphheadingsinthisAgreementareinsertedforconvenienceonlyandshall notaffectinanywaythemeaningorinterpretationofthisAgreement. K.Minority Participation Inordertogaingreater Black business participation,theAwardeemaysubmititsAgreementstothe CountyMayorfor bidding andawardinaccordancewithCountypoliciesandprocedures. L.Proceedings This Agreement shall be construed in accordance with the laws oftheStateof Florida.Any dispute arising under,in connection with or related tothis Agreement or related toanymatter which isthe subjectofthis Agreement shallbesubjecttothe exclusive jurisdiction ofthestateand/or federal courts located inMiami-DadeCounty,Florida. M.Notice and Contact All noticesbetweenthePartiesshallbein writing andsentby registered or certified mail and addressed as follows: TO AWARDEE:CityofSouth Miami 6130 Sunset Drive South Miami,FL 33143 Attn:Steven Alexander,City Manager COPY TO: Attn: Page 34 TOCOUNTY:Miami-Dade County 111 N.W.1st Street Miami,Florida 33128 Attn:Russell Benford,Deputy Mayor COPYTO:PublicHousing and Community Development 701 NW 1st Court,14th Floor Miami,FL 33136 Attn:Clarence Brown,Division Director COPYTO:Public Housing and Community Development 701 NW 1st Court,14th Floor Miami,FL 33136 Attn:Letitia Goodson,PHCD Project Manager COPYTO:Assistant County Attorney .,:,County Attomeyls QfOce.____* 111 N.W.1st Street,Suite 2810 Miami,Florida 33128 Attn:Brenda Kuhns Neuman,Esquire Such addresses may be changed bywritten notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed,or the Awardee changes its address,notice of the name of the new representative or new address will be rendered inwritingto the other party and said notification attached to originals of this Agreement. In the event that any of the information required by the provisions ofthisArticleis changed by either of the Parties after the execution of this Agreement,the affected Party shall give notice inwriting withinfive(5)days to the other Party of the amended pertinent information,which shall be attached and incorporated into this Agreement. N.WAIVER OF JURY TRIAL NEITHER THE AWARDEE,SUBCONTRACTOR,NOR ANY OTHER PERSON LIABLE FOR THE RESPONSIBILITIES,OBLIGATIONS,SERVICES AND REPRESENTATIONS HEREIN,NOR ANY ASSIGNEE,SUCCESSOR,HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE, SUBCONTRACTOR OR ANY SUCH OTHER PERSON OR ENTITY SHALL SEEK A JURY TRIAL IN ANY LAWSUIT,PROCEEDING,COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON OR ARISING OUT OF THIS AGREEMENT,OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES,OR ANY OF THEM. NEITHER AWARDEE,SUBCONTRACTOR,NOR ANY SUCH PERSON OR ENTITYWILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED.THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO,AND THE PROVISIONS HEREOF SHALL BE SUBJECT TONO EXCEPTIONS.NO PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. O.Assignment .The Awardee shall not assign,transfer,hypothecate or otherwise dispose ofthis Agreement, including any rights,title or interest therein,orits power to execute such Agreement to any person, company or corporation without the priorwritten consent of the County. P.Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any thirdparty. Q.Survival Page 35 The parties acknowledge that many of the obligations in this agreement,including but not limitedto Awardee's obligation to indemnify the County,maintain Contract Records,and provide sufficient evidence of CDBG Regulation compliance for the duration of the period in which Awardee is obligated to meet aNational Objective or has control over CDBG funds as well as the County's right to inspect and monitor the Project and Awardee for complaince with the HOME Regulations,will survive the term,termination,and cancellation hereof.Accordingly,the respective obligations of the Awardee and the County under this agreement,which by nature would continue beyond the termination,cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. R.Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates andimpliesno affiliation between the contracting parties.Itis expressly understood and intended that the Awardee isonlya recipient of funding support andisnotan agent,employee,servant or instrumentality of the County. The Awardee is,and shallbe,in the performance of allwork services and activities under this Agreement,an independent contractor,andnotan employee,agent or servant of the County.All persons engaged in any of the work or services performed pursuant to this Agreement shallatall times,and inall places,be subject to the Awardee's sole direction,supervision and control.The Awardee shall.exercise control over the means and manner inwhichit and its employees perform the work,andinall respects the Awardee's relationshipand the relationship of its employees to the County shallbethatofan independent contractorandnotas employees,servants or agents of the County. The Awardee does not have thepowerorauthoritytobindtheCountyinanypromise,Agreement or representation other than specifically providedforinthis Agreement. All Terms and Conditions Included ThisAgreementanditsattachmentsasreferenced(AttachmentA-Scope ofServices;Attachment A1-ActionSteps;AttachmentB-Budget;Attachment B-1(M)Idemnificationandinsurance Requirements;AttachmentB-2-CDBG Program Requirements(Housing Only);AttachmentC- ProgressReport,Set-UpForms,Performance&BenefitData Supplement toQuarterlyExpenditure& Progress Report;Attachment D-Informationfor Environmental Review;Attachment E - Certification,Statementsand Affidavits;AttachmentF-Publicity,AdvertisementsandSignage; AttachmentG-Fair Subcontracting Policies;AttachmentH-Subcontractor/Supplier Listing) contain all thetermsand conditions agreeduponbythe parties.NootherAgreement,oral or otherwise;regarding thesubjectmatterofthisAgreement shall bedeemedtoexistorbindanyofthe parties hereto. Conflict In theeventthata conflict arisesbetweenany prior funding documents and/oragreements governingthisdevelopment,theterms,provisions and definitions includedinthisAgreementshall prevail. Inthe event thatthe Subsidy Layering Review(SLR)or Underwriting analysisdeterminethe project's true "gap"financing needs tobelessthanthemaximumawardallocatedbytheBoardof County Commissioners,the SLR amountshallprevailandthe amount of CDBGfundsdescribedin this Agreement shallbe subsequently reduced."Gap"financing means the difference between the amountof financing availablefortheProjectfromothersourcesandthetotalprojectcost.Inthe event Awardee appliesforandisawardedbytheBoardofCounty Commissioners ("BCC") additionalfundingforthe same Project,as described inthis Agreement,a separate Agreement or amendment tothis Agreement must be negotiated and executed between Awardee and the County Mayoror Mayor's designee.Any differences between the terms and conditions set forthinthis Agreement and the subsequent fundingawardshallrequireanegotiation between the Partiesin ordertoresolve those differences.Awardee understands and acknowledges that changes tothe ProjectorActivitiesdescribedinthis Agreement maynotbeaccomplishedbyapplyingforandbeing awarded subsequent fundsby the BCC.In the event that Awardee applies for and is awarded bythe BCCfundingforanadditional phase ofthe same Project,a separate agreement must be negotiated and executed between the Parties.Under no circumstances shall Awardee assert that a Page 36 subsequent application for and award of funds for the same project constitutes and amendment of this Agreement.Awardee expressly assumes any andallrisk of loss or damage associated witha subsequent applicationforand award offundsfor the same Project where such subsequent applicationby Awardee includes terms whichconflictwith the terms ofthis Agreement. U.Interpretation Paragraph headings arefor convenience onlyandarenot intended toexpandorrestrict the scope or substance oftheprovisionsofthis Agreement.Wherever used herein,thesingularshallinclude the plural and plural shallinclude the singular,andpronounsshallbereadasmasculine,feminineor neuter as the context requires. V.Survival Thepartiesacknowledgethatanyofthe obligations inthisAgreement,including butnot limited to theAwardee's obligation toindemnifytheCounty,will survivetheterm,termination andcancellation _.hereof.—.Accordingly,Jhe respective.obligations-of-tha..Awardee.and-the-County under-this Agreement,whichbynaturewouldcontinuebeyondthe termination,cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. W.Corporate Governance A Not-for-Profit AwardeeshallabidebyandbegovernedbyChapter617,Florida Statutes, particularly Sections617.0830 through 617.0835 asamended,whichare incorporated hereinby referenceas If fully set forth hereininconnectionwithits Agreement obligations hereunder. A For-Profit AwardeeshallabidebyandbegovernedbyChapter607,Florida Statutes,particularly Sections607.0830 through 607.0833,asamended,whichis incorporated hereinbyreferenceasif fully set forth hereininconnectionwithits contractual obligations hereunder. Page 37 IN WITNESS THEREOF,the parties hereto havecaused this Thirty-Eight (38)page contract tobe executed by their undersigned officials as duly authorized,this T*7^day of </t/6\S<2014. AWARDEE: City of South Mia BY: kflA)ff.(fo/LnJlfr Jlit NAME: TITLE: DATE: BY: NAME: TITLE: DATE: Witnesses: Pj ^mr \Q/t<f/3f)l<j MIAMI-DADE COUNTY BY: NAME:Carlos A.Gimenez TITLE:Mayor DATE: \h\ri \ Mam ^wWk Mrf/aoH q °»5>\ COUKTf ;m j BY: BY: (Signature' Type or Rdht Napie^fJ TypeorPrint Name Federal ID Number 59-6000431 Resolution #:R-685-14 v-X-.a*V TITLE:Clerk,BoardofCounty Commissioners DATE:•hi/<(// Awardee's Fiscal Year EndingDate: CORPORATE SEAL: AGREEMENTISNOT VALID UNTIL SIGNEDAND DATED BYBOTHPARTIES Page 38 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FY 2014 Scope of Services October 1,2014 through September 30 2015 Agency Name:City of South Miami .!•_-ACTIVITY TITLE: EDIS#: RESOLUTION #: DUNS#: 2.-ACTIVITY DESCRIPTION: 2a -Activity Category: 2b.-Objective: 2c.—Outcome: 3.-APPROVED BY BCC: OtherFundingSourceand Amount: 4.-FY 2014 FUNDING REQUESTED: 5.-HUD INFORMATION: 5a.-HUD matrix code: 5b.-HUD Activity Type: 5c.-HUD National Citation 6.-ACCOMPLISHMENTS: 6a.-Number ofUnits: 6b.-Type: 7.-NATIONAL OBJECTIVE: Total #of Low/Mod in Service Area: Census Tract: Block Group: 8.-ACTIVITY ADDRESS: 9.-LOCATION: NRSA (Activity locatedin): District (Activity locatedin): 10.-LABOR STANDARD applicable Type of Work: •Building •Residential .Murray Park R-685-14 24628976 Development of a multi-purpose field Public Facilities and Capital Improvement Sustainable Living Environment Availability/Accessibility $55,000 (CDBG-2014) 03F LMA (570.208(a)(1) 570.201(c) 1 Public Facility 2311 76.03 1(A3,4) 6701 SW 58th Place,Miami,FL33143 South Miami •Highway ATTACHMENT A MIAMI tmm •Heavy 11.Set aside units 'different from total units 12.INSURANCEREQUIREMENTS:Worker's Compensation Insurance,Commercial General Liability Insurance, AutomobilityLiability Insurance and Professional Liability Insurance.See Attachmentfor detailed requirements. Project Manager:Letitia Goodson g/lstiLs"*-^ each (Signature) Scope of Services Detailed Activity Description Lawn and turf renovations at Murray Park,6701 SW 58th Place,located in the South Miami NRSA,for low-to-moderate income children,to be used for football,soccer and frisbee,aswellas to be used by the After School Program,Summer Camp,and Winter Camp. Lawn and turf renovations include the complete removal of the existing vegetation and reestablishment of the athletic field turf area. Activity Location and Description of Service Area Murray Parkis located in the South Miami Community Redevelopment Area (SMCRA)at 6701 SW 59th Place,South Miami,Florida 33143.The site area encompasses approximately three acres of green space,composed of a multi-purpose field,T-ballfield,playground,basketball court,bleachers with canopy and future pool. /f Proposed Accomplishments According to the goalsand objectives of the SouthMiamiCommunity Redevelopment AgencyPlan, the Agencyshall facilitate specific park improvements inan effort to provide safe parkswithin the CRA/NRSA toimprovequalityoflifeforsurroundingarearesidents.Basedon these adoptedgoals, the SMCRA continues toinitiateand support keypark improvement projects in the Community Redevelopment Area at Murray Park,whichis one of only two community parks located in CRA/NRSA designated area.The proposed project aims to a safe environment for low-to-moderate income children ages 5-16 toplay football,soccer and frisbee during recreational programs.Moreover,to provide fitness activities and education to youth,while promoting health and wellness. Priority Needs Statements The playing/athletic fields at MurrayParkareavaluable asset to the community.Safetyforall participants isa major concern and improving upon the safety of the fieldsis the major benefit to all users.TheCity needs funds to successfully reestablish the turf area. & ACTION STEPS October 1,2014 THRU September 30,2015 Attachment A-1 AGENCYNAME:CityofSouthMiami ACTIVITY:MurrayParkMulti-PurposeField FUNDING SOURCE:CDBG 2014 AMOUNT:,;'\$55;000.60 OTHERFUNDING:SouthMiamiCRA $7,500.00 CityofSouthMiami $7,500.00 TOTAL PROJECT COST:$70,000.00 ACCOMPLISHMENT UNITS:1 TYPE:Public Facilities ACTION STEP CATEGORY START UAlfe •TASK <feNU UAlfe '<OF 'TASK required'resource- payment level ""approved' .CUMULATIVE ' PbHCtNIAGb- COMPLETION ^CUMULATIVE REIMBURSEMENTS CONTRACT DEVELOPMENT PHASE 7/1/2014 9/30/2014 1*f <_,l .,<* -Submit scope of services,action steps,budget and Environmental Review for (Attachment Dof contract)7/1/2014 9/30/2014 Agency -Submit required documents: -BoardofDirector'sResolutionApprovingtheFundedamountand Authorizing ExecutionoftheContract PHCD,AuthorizedSignatureForm,Miami-DadeCountyAffidavits,StateofFloridaPublicEntityCrimes Affidavit,AffidavitofFinancialandConflictsofInterest,Developer's AffidavitthatMiami-DadeCounty Taxes,Fees andParkingTicketshave been Paid,Codeof Business Ethics,CollusionAffidavit, CertificationRegardingLobbying,RelatedPartiesDisclosure Statement,FairSubcontractingPolicies,and Subcontractor/Supplier Listing -W-9,ArticlesofIncorporation,By-Laws,IRS 980,CertificateofGoodStanding,TaxExemption Determination Letter and 7/1/2014 9/30/2014 '••>. Agency 7/1/2014 9/30/2014 -Environmental Review process 7/1/2014 9/30/2014 Environmental Specialist -Review eligibtlty of activity,scope of services,action steps and budget 7/1/2014 9/30/2014 ProjectManager,Planner, IDIS Specialist,PM Supervisor and PM Manager -Review and approve required documents 7/1/2014 9/30/2014 Pro ect Manager •Prepare and assemble CDBGcontract 7/1/2014 9/30/2014 t Project Manager •Forward CDBG contract to agency for signature by agency's designee 7/1/2014 9/30/2014 K .,Pro ect Manager -Signed CDBG contract returned to PHCD 7/1/2014 9/30/2014 Agency •ForwardsignedCDBGcontractforprocessingandfinalexecutionto Miami-Dade CountyManager's Office 7/1/2014 9/30/2014 -.'•'•••:'^4 ProjectManager,PM Supervisor and PM Manager •Receive and distribute executed CDBG contract 7/1/2014 9/30/2014 .,'••',^<••'Prolect Manager PRE-DEVELOPMENT PHASE ^.•••.."•n'••'•••,r;K;<-f'**•;•••-.;••".•",••'<:/.,*.<-v.:y;.•<-'"«•'•-v ••.-,-•.«'„',*?$+•;rvT3*f >,,,y5:'<;?h*i;;*•*^..•',v....;•-,,-,.,»•••.,j ••;."•••-v".);/:''"• -Submit Cerlficate(s)of Insurance to PHCD (see Attachment B-1 (M)of contract)7/1/2014 9/30/2014 •.».i >-.i*,,v Aoencv -Environmental Clearance letter 7/1/2014 9/30/2014 v *.-,m i^r-**Environmental Specialist •Forward executed CDBG contract along with theCertificate(s)of Insurance to Miami-bade County Risk Management for approval of insurance requirements 7/1/2014 9/30/2014 ?•>'I--*y''j'$;Protect Manager Pagel of3 ACTION STEPS October 1,2014 THRU September 30,2015 AGENCY NAME:Clty ofSoutn Mjam| ACTIVITY:Murray Park Mu|ti.purpose Field FUNDING SOURCE:CDBG 2014 AMOUNT:$5500000 OTHER FUNDING:South Miami CRA -$750000 Cityof South Miami $750000 TOTAL PROJECT COST:$70000 00ACCOMPLISHMENTUNITS:*#w.uuu.«u ACTION STEP CATEGORY SJARTDATE OF s , TASK "END DATE '°F,"''I ,TASK-"' ''''"" •REQUIRED RESOURCE PAYMENT LEVEL I "APPROVED CUMULATIVE HbKCfeNIAGfe. ..-'."OF-.-. COMPLETION CUMULATIVE' REIMBURSEMENTS --•-n w--w. PRE-BID /PROCUREMENT PHASE <-,.*.-.••!'"' Submit RFP package for GC 10/1/2014 12/31/2014 Agency Submit Advertisement forGC 10/1/2014 12/31/2014 Agency Review RFP.GC package andAdbyPHCDstaff 10/1/2014 12/31/2014 >»Project Manager and Construction ManagerReviewRFP,GC package andAdby PHCD staff for Davis Bacon andSection 3 requirements (if applicable)10/1/2014 12/31/2014 '•* Compliance Unit/Labor Standards Coordinator Submit RFPfeed back to Agency 10/1/2014 12/31/2014 <.Project Manager Receive revised RFPfrom Agency 10/1/2014 12/31/2014 Project Manager Give agency writtenapprovalforRFP.GC package andAd 10/1/2014 12/31/2014 >DivisionorDepartment Director Publication of RFP for GC 10/1/2014 12731/2014 Agency Pre-Bid Meeting 10/1/2014 12731/2014 Agency Bid/RFP opening 10/1/2014 12/31/2014 Agency Selection/Award of GC 10/1/2014 12/31/2014 ,Agency PlaceordertoGSAforMiami-Dade Construction Sign 10/1/2014 12/31/2014 Agency/Project Manager PlacementofMiami-Dade County ConstructionSiqn 10/1/2014 12/31/2014 GSA SUBMITTALOFSELECTEDGC CONTRACT FORPHCD APPROVAL 10/1/2014 12/31/2014,Agency''- GC contract "'"'—10/1/2014 12/31/2014 " Agency - Agency Agency Agency Agency Certificate of Insurance 10/1/2014 12/31/2014 Payment and Performance Bond 10/1/2014 12/31/2014 Executed GC contract 10/1/2014 12/31/2014 Check debarment list 10/1/2014 12/31/2014 Submit copy ofER clearance letter 10/1/2014 12/31/2014 Agency 10/1/2014 12/31/2014 Agency H*WIH*MMilM*MtfM:M.T-ng provided 10/1/2014 12/31/2014 Agency 10/1/2014 12731/2014 Agency buomit recommendation bv Agency's Staff 10/1/2014 12/31/2014 Agency Submit Agency's BoardminutesorResolutionapprovingselection 10/1/2014 12/31/2014 AgencySubmitcopiesofState.CountyandCityLicensesand Certificate ofCompetencies 10/1/2014 12/31/2014 AgencySubmitW-9 Request for Taxpayer Id #10/1/2014 12/31/2014 Agency Review GC contract (PHCD staff)10/1/2014 12731/2014 rroject Managed, ConstructionManagerand ComplianceUnit/Labor Standards Coordinator SUBMIT PRQGESS report f4TH_Quarter Proaress Reports due Januarv 10th.2015)1/1/2015 1/1/2015 2 --*.Agency GCCONTRACTAPPROVALPHASE (Informationneededtocontract with GO ^>--:'^1/1/2015^^.'3/31/2015 -..,,>-Agenc/vway?*iv,*•:••**v"-".;•('!•.'«•-,;.-••-".:-.-.:,•.,...;•;.;-Y.Y'••,.;',r,-\:v,-~••••:-.„•;••.*,:.•- Check debarment list SubmitGCcontractforDivisionorDepartmentDirectorapproval ~" 1/1/2015 3/31/2015 i ...-Project Manager Approval of GC contract 1/1/2015 3/31/2015 :.'Ki\:i& Project Manager Divisionor Department DirectorGiveagencywrittenapprovalforsubcontract1/1/2015 3/31/2015 -•••>'.,»Protect ManagerCompledesignplans1/1/2015 3/31/2015 .•t *»«Project Manager SUBMIT PROQESS REPORT(1STQuarter Proaress Report due Aoril 10th.2015)4/1/2015 4/10/2015 1 •-•-•Aoencv I ,;!_-:^__.:_^V '•••<-•'••••'-*<:••••-•••.-••..•'-••-.-•.-'.••;•..>:•'.-••'i:-,.!:(.-/l..v/.vivf •*-:-?.--»;><>-.-•'.v.,^Wu;1.-W.s^'.;^^^v-v.v^.-v^.^,^•V,"V.---y^.'.'*'^.*<.-•.!*>..'•,<>>'?• ACTION STEPS October 1,2014 THRU September 30.2015 AGENCY NAME: ACTIVITY: FUNDING SOURCE: AMOUNT: OTHER FUNDING:South Miami CRA Cityof South Miami TOTAL PROJECT COST: ACCOMPLISHMENT UNITS: TYPE- Attachment A-1 Cityof South Miami MurrayPark Multi-Purpose Field CDBG 2014 r--v;$55,000.00, $7,500.00 $7,500.00 $70,000.00 1 Pub»c FacIHtleft ACTION STEP CATEGORY -***'.'<'""'"»•^taskV •„,<\ itbNUUAlb ^'TASK 2 *'REQUIRED RESOURCES ^APPROVED^ ^CUMULATive^ hCOMPLETIONS {/"cumulative x REIMBURSEMENTS CONSTRUCTION PHASE --"---."il......'"4/1/2015^"'8/30/2015*"•*•^j.-tr«y *\S*t*W tw^V \-«<♦•,,»w-"<••«'I *><.'(«<"jv»-.,v-*'•»•' Pre-constructlon conference 4/1/2015 6/30/2015 •1 •.'''•'",->r? Aflfirtcy,Hfdjeci Manager, ConstructionManager, ComplianceUnit/Labor Standards Coordinator and GC Notice to proceed 4/1/2015 6/30/2015 t l."'^.,",Agency Obtain permits 4/1/2015 6/30/2015 .-,'<,V<-1 ,m"1 Agency Commence Construction 4/1/2015 6/30/2015 •*•"r ••-"Agency Installation of the turf 4/1/2015 6/30/2015 *-*<;<•i-.«.-.-/.»<^Agency Submittal of Section 3 Plan 4/1/2015 6/30/2015 f--'»•'.••"•Agency PHCD Review and Approval of Section 3Plan 4/1/2015 6/30/2015 „#!'i'.*•»'.>?-'Compliance Unit /Labor Standards Coordinator Submittal of Weekly Payrolls (Labor Compliance)4/1/2015 6/30/2015 Agency Review of Weekly Payrolls 4/1/2015 6/30/2015 «'•^v;'/>.'Compliance Unit/Labor Standards Coordinator Davis Bacon -Wage Decision •Employee Interviews 4/1/2015 6/30/2015 /••r ',-'' Labor Standards Coordinator and/or Proiect Maanger Submittal ofMonthly Section 3 Report ...4/1/2015 6/30/2015 Agency Review of Monthly Section 3 Report 4/1/2015 6/30/2015 •-SJ."!'.''-'il^v Compliance Unit/Labor Standards Coordinator Complete 40%of construction 4/1/2015 6/30/2015 .,.••,t Agency SUBMIT PAYMENT REQUESTfS)4/1/2015 6/30/2015 /-N'">•'*'"''*"}'Agency SUBMIT PROGESS REPORT (2ND Quarter Proaress Report due Julv 10th)7/1/2015 10/10/2015 ,,1 Agency .:/,rvi.v>}?«SiV'ffS:''V^*i^>-«.-..si'^5f;r:*'u "V5*'^^/"•-'-v""5 -•;<r~:i^vl<£ro?'V.jr~A$r^^^^9*pT^,"f*?V'.?rV{''5iS.r»'---'..v-v. Installation of half basketball court 7/1/2015 9/30/2015 .'*>.>./''\Agency Remove aaed picnic facilities (cicnic tables,benches,aarbaae receptacles)_7/1/2015 9/30/2015 '.v l^,«•I ^,Agency Installationof picnic facilities (picnic tables,benches,arillsand garbage receptacles)7/1/2015 9/30/2015 !»•'.'•.••n .•-.i *.«.Agency Installation of water fountain 7/1/2015 9/30/2015 .--•.v ,.•.-*»rt Agency Refurbish existing liahtina 7/1/2015 9/30/2015 ..v.'••,-.-;~Agency Repair existina sidewalk Der ADA compliance 7/1/2015 9/30/2015 i.-•<,-Agency Landscapina (treeinstallation,new arass installation,existina tree enhancements)_7/1/2015 9/30/2015 ,'r,Agency Installation of sianaae 7/1/2015 9/30/2015 Agency Davis Bacon -Wage Decision -Employee Interviews 7/1/2015 9/30/2015 —s J •^ Labor Standards Coordinator and/or Project Maanger SUBMIT PAYMENT REQUESTfS).„__,7/1/2015 9/30/2015 •-/Agency -<<vK(S:f>v *+•"/v '"y^'*«i-*i*~'Xiv'•.••>.''*,-fyzw\';'S^y;W"\f:s<r&£^t-^s'-a^.V*::':-',''• Complete 100%of construction 7/1/2015 9/30/2015 v "''*•>Agency COMPLETION C jkj:w.iij*wwim!iumir •>.-7/1/2015^<"U -^'9/30/2015.,-'.rf",.,J..','-«n.i^..•.-,:<Ky.:i.,r..y:ic>!.i^i:^v-jfc;-l%$?:ifr#Mh-*;--?fi-*^«>.!i;-.';;!i>y'Y;.-",-<^.'.-.:t.•..Trsa^-Tv(f-•••.+?*.••'v..:;. SUBMIT PAYME lease of liens 7/1/2015 9/30/2015 ,.*..-;.'."-Aqency Finalwalkthru ,._7/1/2015 9/30/2015 ^T'v^Wi Agency/Construction Manager Certificateof completion .,_7/1/2015 9/30/2015 '•.V .-Agency Proiect completion form 7/1/2015 9/30/2015 Vx^,}'^^v:Agency/Construction Manager 7/1/2015 9/30/2015 ir/.i-^v-ii Agency /Construction Manager ••.,,'«>-«^:^v ••CLOSEOUT PHASE i£^vs^-^'?r.^;.r^];;.'.^.^r^'^'t.V&^-fim***-*:'v ^tr>JSf»-i«v/-a.-:?.Y«-*.«-*"•.*>£;„..«W „-*£</»JSCC-^;^^V<>^^^'^i^T<^^^»"^^W $115,000*^"•".•'.y*v••"^^'^v-v'a -..^...v..^^,,,^.,f,j-...,.;>.;- Submit Final Annual/CloseOutReport(3RDQuarterProaressReportdueOctober 10tht 2015)19/1/201?12/31/2015 -'-1 "*"-Agency Review Final Annual/Close Out Report and Proiect File 10/1/2Q15 12/31/2015 *v«.••^^-i :--Project Manager Report accomplishment in IDIS 1Q/1/2915 12/31/2015 W '~>.M V.'"-"-*-IDIS Specialist Construction close outin IDIS 10/1/2015 12/31/2015 V"*^1 •'•si^V?'*idis specialist/Project ManagementSupervisor and/or Manager Submit Close OutLetterto Agency 10/1/2Q15 v..-•>•,<»,•»'.IDIS Specialist .-.''•-;*:'^ ••,^^<< •:•.•-'<--*,-'•-.•""•.-•••-7?-':••-•'"->>-••.-.•..V *-"•;.Wy,-V ,v\;\,^-:.••-,..y-i.-V-.*";»-..--r.;;.•.;«*/-./.«i-*rt.^.-*«4r-Ah -^>••<.•*'•'"-•<^«*.v '*•*".j-a^.v^T^v^*v:v* Page3of3 City Of South Miami SouthMiami PUBLIC WORKS &ENGINEERING DEPARTMENT ks&xA 4795 SW 75th Avenue lim? Miami,FL 33155 HI I If TeL (305)663-6350 Fax (305)668-7208 MurrayPark Multi-Purpose Field Activity Timeline 2001 FY 2015,Quarter I October 1,2014 -December 31,2014 RequestforProposal to solicitbidsfor turf renovationprogram -Staff collaboration to prepare RFP -Staff recommendation to Commission Commission Approval -PHCD Approval FY 2015,Quarter 2 January 1,2015 -March30,2015 Prepare turf renovation program (contractor -staffliaison) Completion ofdesignplansbasedonfield measurements andsafetyhazardsmitigation Contractor to obtain proper materials Conduct pre-operational andsafety check on tools,equipment and machinery Calibrate and adjust tools and equipment FY 2015,Quarter 3 April!,20I5 -June 30,2015 Implement the turf renovation program (contractor -staff liaison) Keepacleanandsafe work area throughout renovation period Dispose of waste material Reviewqualityof work and correct deviationsif necessary FY 2015,Quarter 4 July 1,2015 -September 30,2015 Finalize Project Submit final reimbursement and close-out grant CITY OF SOUTH MIAMI MurrayParkMulti-Purpose Field CDBG FY 2014 Summary Budget October 1,2014 -September 30,2015 ATTACHMENT B CATEGORIES PRIOR YEAR FUNDING FY 2014 FUNDINGNON-PHCDFUNDING TOTAL L Personnel _$_....$........$---$--..-' II.Contractual Services $s -$-$ III.Operating Services $s -S -S IV.Capital Outlay $$55,000.00 $15,000.00 $70,000.00 TOTAL BUDGET $$55,000.00 $15,000.00 $70,000.00 SOURCES OF OTHER FUNDING SMCRA City of South Miami TOTAL AMOUNT $7,500.00 $7,500.00 CITY OF SOUTH MIAMI CDBG FY 2014 MurrayParkMulti-PurposeField DETAIL BUDGET October 1,2014 thru September 30,2015 ATTACHMENTS PP Non-PHCD PHCD 2013 PHCD 2014 Total PHCD Total All Sources 04X0 PERSONNEL -Employee Regular-Salaries -Position #1 s --••$-•$•••-$••$--•- Position #2 s $$$S Position #3 $$$$$ Sub-Total Salaries $$$$$ 4010 Fringe Benefits FICA(salaryX7.65«)$s $§$- Sub-Total Fringe $$$s $- Total Personnel $$$$$" Contractual Services 21011 External Audit $$$$$ 21012 Environmental Audit $s $s $ 21030 Other Professional -SVC Const Mgmt $$$$s 21030 Other Professional SVC $$$$$ 22350 Bottled Water $$$$$ 25330 Rent Copier $$$$$ 25511 Building Rental $s $$$ Total Contractual $$$$$ Operating Expenses 31011 Telephone Regular S $$$$- 31011 Telephone Long Distance S $s $s - 31610 Postage $$$$$- 31420 Advertising Radio S s $$$- Total Operating Expenses $$$$$ " Commodities 31510 Outside Printing $$$$$- 95020 Computer Purchase $$$§$- 47010OfficeSupplies/Outside Vendors $S $$$- Total Commodities $$S $$- Capital Outlay 90 Construction $15,000.00 $$55,000.00 $55,000.00 $70,000.00 infrastructure Improvements $$$$$- Total Capital Outlay $15,000.00 $$55,000.00 $55,000.00 $70,000.00 \TOTAL BUDGET $15,000.00 I $|$55,000.00 |$55,000.00 |$70,000.00 1 INDEMNIFICATION B-1(M)Municipality Non-Construction Government entity shall indemnify andhold harmless the County and its officers,employees, agents and instrumentalities fromanyandallliability,lossesor damages,including attorneys'fees and costs of defense,which the County oritsofficers,employees,agents or instrumentalities may incur asa result of claims,demands,suits,causes of actionsor proceedings of anykindornature arising out of,relating to or resulting fromthe performance of this Agreement bythe Government entity oritsemployees,agents,servants,partnersprincipalsor subcontractors.Governmententity shall pay allclaimsand losses in connection therewith andshall investigate anddefendallclaims, suitsoractions of anykindornatureinthename of theCounty,whereapplicable,including appellate proceedings,and shall payallcosts,judgments,and attorney's fees which mayissue thereon.Government entity expresslyunderstandsandagreesthatanyinsuranceprotection required bythisAgreementorotherwiseprovidedbyGovernmententityshallinnowaylimitthe responsibility toindemnify,keepandsaveharmlessanddefend the Countyoritsofficers, employees,agentsand instrumentalities ashereinprovided. Public Housing and Community Development Attachment B-2 Community Development Block Grant (CDBG)Program Not Applicable fcTTAfTHMFNT C RES PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITUREAND PROGRESS REPORT FY 20 Reporting Period:j____.__. Q 1st Quarter [Jan-Mar]D 2nd Quarter [Apr-Jun]D 3rd Quarter [Jul-Sept]D 4th Quarter [Oct-Dec]/Annual Report \ Section I:General Information Recipient Name (Organization): Contact Person (Name &Title): Activity Name (Project Title):-_ Activity Address: ActivityDescription: IDIS*Index Code: Telephone Number Funding Source:Funded Amount:$ Activity Category: D Administration •Capital Improvement •Economic Development •Historic Preservation •Public Service D Housing D Homebuyer Assistance D Tenant-Based Rental Assistance (TBRA)•Homeless Housing Objective:•Create suitable living environments •Provide decent affordable housing •Creaks economic opportunities Outcome:•Availability/Accessibility D Affordabiiity D Sustainability Section II:Financial Information At the time the Awardees has been paid or otherwise received fifty percent (50%)and seventy percent (70%).ofthe Agreement Funds,the Awardees reporting these expenditures mustsubmit documentation toshowthat Awardees has accomplished50%and 70%,respectively,ofthe Activities described herein.• Category B Approved Budget Expended J Cumulative (This Quarter]J [Through end of this quarter] Cumulative jperCentage [Through end of J m&ra this quarter]•L J H •Actual I...1 I I ProjectedTotalExpendituresIy,mbu"?ed Cumulative Projected Cumulative Expenditures [NextQuarter] Expenditures [By end of Contract Period] Program IncomeThe disposition of Program Income not specifically listed inthe approved Program Income budget requires priorwrittenapprovalfromPHCD. 1.Doesthis activity generate Program Income?•Yes•No 2.If yes,indicate the amount generated thisquarter.J> 3.Ifyes,was written approval granted by PHCD tousethe Program Income generated from this activity? DYes DNo D.N/A 4.If yes,(9 attach copy of approval letterandrelated documents.If no,a written request forapprovalto use the Program Income must be submitted to PHCD. 1 of 3 T CD/14/51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION 1.Activity Status:•Cancelled•Underway •Completed 2.Environmental Status:•A=Exempt •C=Completed D D=Underway 3.Is this activity still in compliance with the original project schedule?•Yes •No Section III:D WorkinProgress [On-going Activities]♦•Accomplishment Narrative [Activity Completed] Check appropriate box and reference the Scope of Services,includedin your contract,as the basis forreporting the work inprogressoraccomplished in abrief narrative format [ijj)Attach Scope of Services ] Section IV:Other Supporting Efforts Provideadescription,usingquantifiable data,ofall other supportingeffortsthat have begun,partially implemented,or completed during this period.'_,'. Section V:Problems Encountered Provideabriefdescriptionofanyproblemsor delays encountered duringthisperiodoranticipated. Section VI:Technical Assistance If your organization hasa heed oranticipateaneedfor technical assistance during this period,pleasedescribethe natureofthe assistance required.,•.'.•.__ Section VII:Performance Measurement *Notes:ASupplementalPerformance&Benefit;DataReportmustbesubmittedifanyactualachievementsare. reported during this reporting period and ail HOME funded projects must submit applicable activity set-up form. Accomplishment Type:•People [01]•Households [04]•Businesses [08]•Organizations [09] •Housing Units [10]•Public Facilities [11]•Jobs [13] National Objective:•Area Wide Benefit [e.g.LMA,LMAFI,LMASA,SBA]-or-•Direct Benefit [e.g.LMC,LMH,LMJ] Peopleor Households-Achievements:•Yes•No If yes,whatisthe accomplishment type?D People w-•Households People Households (LMH activities only) Total People Low /Mod .Total Households Low /Mod Female Headed Projected Goal Actual This Quarter Actual Cumulative SupplementalReportAttachedY/N •Housing -or-•Public Service &Administration -or-•Capital Improvement &Public Facilities 2 of 3 Performance &Benefit Data: CD/14/51712 MfftHHaftOE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITUREAND PROGRESS REPORT FY 20 Housing Units•Achievements:D Yes •No Owner Rental Buyer Total Projected Goal Actual This Quarter Actual Cumulative Supplemental ReportAttachedY/N •Performance &Benefit Data:Housing Jobs or Businesses •Achievements:I~jYes •No - If yes,what isthe accomplishment type?DJobs -or-•Businesses Jobs Created Total Job Count Total Weekly Hours Full-Time (FT)FTLow/ModPart-Time(PT)PT Low/Mod Percent Low /Mod Jobs Projected Goal Actual This Quarter Actual Cumulative Assistance to Businesses Projected Goal Actual This Quarter*Actual Cumulative New Businesses Existing Businesses Total Supplemental Report Attached Y/N •Performance &Benefit Data:Economic Development PERFORMANCE CERTIFICATION:D This certifies that No Accomplishmentsoccurred during this Quarter. Initials NOTE:Submittal of Supplemental Form -Performance &Benefit Dataisnot required atthistimebasedonthe certification thatno accomplishments occurred during this quarter. CERTIFICATION Thisisto certify thatthedataandother information provided inthisReportis correct,basedon official accounting systemand records,andthat expenditures and obligations shown havebeenmadeforthepurposeofand in accordance withapplicableTermsandConditionsoftheContractandFundingRequirements. Report Prepared by: Signature ofCertifying Official: Print Name Title: Title: FORPHCD^SBONL^iC _;;;?%;:\;;\\."•;;'S\;:;,:/;"r •;'C;1.\r:2 Report •is/•isnot complete ♦Report •is/•is not accurate Initial reviewfor completeness and accuracy completed by-Name: Name:__Date: Supervisor Date: Date: ActivityIDIS Number. Project Manager Warning:Title 18,USCode Section 1001,statesthata person whoknowingly and willingly makes false or fraudulent statements toany Department or Agencyofthe United Statesis guilty ofa felony.Statelawmayalso provide penalties for false or fraudulent statements. $'*£:£*"%ftts miteiml^e^s^a^^i^^Wbi^b^format upon-requestr -- 3 of 3 *£mmijm:^ EE32 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:CAPITAL IMPROVEMENTS &PUBLIC FACILITIES Supplement to Quarterly Expenditure &Progress Report FY 20 Recipient Name: Activity Name:_ IDIS #: HUD Activity MatrixCode: HUDMatrix Code Description: :mcmmmsM •Acquisition /Disposition •Clearance /Demolition •"Street improvements •Public Facility /Type: •Building /Type: •Other CapitalImprovement/Type: [indicate below] Activity Category: Accomplishment Type: Reporting Period 1st Quarter [Jan-Mar]D 2na Quarter [Apr-Jun]D 3ra Quarter [Jul-Sept]D 4m Quarter [OcMDec]/ Annual Report • •Structures ♦•Parcels •Structures ♦•Parcels T3er^hs~Serv^"Ojow7Mo Persons Served ♦Low/Mod Income Facilities ♦Persons Served ♦Low/Mod Income Persons Served ♦Low/Mod Income _#of Structures _#of Parcels *#-of-Facilitie"s #of Persons Served #of Low/Mod Income «i&RM«]£M Instructions &Applicability:National Objectives include LMA &LMC activities with any03 matrix codeexcept3T. 1.TotalPersons Assisted for program year:2.Counts by Households (H)orPersons(P): 3.-Of theTotal Persons,enter thenumber:Number of Persons With New Access to this service or benefit With Improved Access tothis service or benefit ' With access to a service or benefit that is No Longer Substandard Note:This field mustequalthenumberin Total PersonsAssisted.Total With New Access tothistypeofPublicFacilityor Infrastructure Improvement With Improved Access tothistypeof Public Facility or Infrastructure Improvement With access toPublic Facility or Infrastructure that is No Longer Substandard Afofe:Thisfieldmust equal thenumberin Total Persons Assisted. Homeless persons given overnight shelter Number of beds created in overnight shelter or other emergency housing Total KNEiG^ORHGOffiREOTfflaz^BNJ^ Is this activity located in a NRSA?DYes QNo If yes,the NRSA must be identified,as applicable,using the maps provided via Miam'hDade Count/s website -Services Near You:httD://aisweb.miamidade.Qov/CommunitvServices/.A copy of the printout must be included with this report Provide the following information: NRSA #of Clients Served NRSA #of Clients Served CD/15/51712V 1of3 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:CAPITAL IMPROVEMENTS &PUBLIC FACILITIES Supplementto Quarterly Expenditure &Progress Report FY 20 NRSA #of Clients Served NRSA #of Clients Served Location/Project Address: Street/City /Zip Code-or-Folio Number isthereis no streetaddress Location/ProjectAddress:-~_ Street/City /Zip Code-or-Folio Number isthereisnostreetaddress Mmmmmmmmmmm RACE ÐNICITY CATEGORYInstructions:(1)Indicate the total number of persons or households served in each Racial Category for this reporting period and the cumulative total.(2)From the total number depicted in each Racial Category,indicate the numbers that areof Hispanic Ethnicity for this reporting period andthe cumulative total. Report Period Totals :;:Cumulative/YTDTotals Race Total Number Ethnicitv #Hispanic .Race ::.EtHriicitv v total Number -#Hispanic :.Racial Categories White [11] Black /African American [12] Asian [13]-:••..•:.-• American Indian /Alaskan Native [14] Native Hawaiian /Other Pacific Islander [15] American Indian /Alaskan Native &White [16] Asian &White [17]•'*•*;:'—- Black /African American &White [18] American Indian or Alaskan Native &Black/ African American {19] Other/Multi Racial [20] Totals "••_.. OTHER DIRECT BENEFIT INFORMATION Income Levels Extremely Low(30%or less) Low (31%-50%) Moderate (51%-81%) Non Low/Mod (81%or greater Reporting based on household unitsonly. Number of Female Headed Households Report Period Totals Total Number Totals Cumulative /YTD Totals I^Total.Numtfer:-/-' a£tRSMga!iEi^^}SQ|^ffl0Ns Census (C)or Survey (S)DataUsed: Total#ofLow/Modin Service Area: Percent ofLow/Modin Service Area: Census Tract BlockGroups: Census Tract:BlockGroups: GensusJjactL .,.BlockGroups: If(S),enter#of Low/Mod &Total Population: Total Low/Mod UniversePopulationin Service Area: 2 of 3 CD/15/51712V -$- PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:CAPITAL IMPROVEMENTS &PUBLIC FACILITIES Supplement toQuarterlyExpenditure&ProgressReport FY 20 •M^^^^^f^^&ssm^m^mMM^&^mm^^: 1.CDBG Funds 2.HOME Funds 3.ESG Funds $ 4-Section 108Loan Guarantee --_$_ $ 5.Other Federal Funds 6.State /Local Funds 7.Private Funds 8_Other:_ Name of Funding Source Total Funds Ifl ppqniRFn ATTACHMENTS [if applmbLejLlLCeitificateof Completion;2)Printout of NRSA map,if applicable;.3) Documentation of performance /accomplishments,e.g.,new or improved access to seivices,.facility or infrastructure upgrade and 4)Documentation as described in the Contractor Scope of Services,or as instructed by the County. Report Prepared by:Title:Date: Print Name Signature of Certifying Official:Title:Date: Warning'We 18 US Code Section 1001,states that aperson who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony.State law may also provide penalties for false or fraudulent statements. Igggf This material is avaflablelh an accessible format upon request 3 of 3 ~-~^*£bn&st7izt~* PUBLIC HOUSING AND COMMUNITY DEVELOPMENT MONTHLY PROGRESS REPORT {Form tobesubmitted with everyPayment Request} DATE: AGENCY NAME: PROJECT /ACTIVITY NAME: ACTIVITY CATEGORY: FUNDING YEAR /SOURCE: INDEX CODE/IDIS: ACCOMPLISHMENT TYPE: FUNDING AMOUNT:$ PAY REQUEST #:REQUEST AMOUNT:$ "REPORTIFrGMUNIHTYEAR: Attach copy of approved Action Step Format (Attachment AD in the contract,which depicts:(1)Service Frequency; (2)Number of Clients;(3)Cumulative Quarterly Service Units;(4)Cumulative Numberof Clients;and(5)Cumulative Projected Payment Level. ECONOMIC DEVELOPMENT ACTIVITIES 1)NUMBER OF CLIENTS /PARTICIPANTS /BUSINESSES SERVED: 2)NUMBER OF AGREEMENTS EXECUTEDWITH BUSINESSES: 3)NUMBER OF JOBS CREATED: 4)NUMBEROF JOBS FILLED: 5)NUMBEROF JOBS RETAINED: HOUSING ACTIVITIES {EMERGENCY SHELTER,TENANT BASED RENTAL ASSISTANCE,ETC.} 1)NUMBER OF PERSONS ASSISTED: ACCOMPLISHMENTS /CHALLENGES NARRATIVE: Report Prepared By: Print Name Report Reviewed By: Print Name TITLE:TITLE: Bysigningbelow I, records have been maintained. Signature of Preparer: ,verifythatthe information inthisreportis accurate andappropriate Signature of Reviewer: Warning:Title 18,US Code Section 1001,states that a person who knowingly and willingly makes false or fraudulent statements toany Department or AgencyoftheUnitedStatesis guilty ofa felony.Statelawmayalsoprovidepenaltiesforfalse or fraudulent statements. This material is available in-an accessible format upon request 1of1 CD/22/6812V (MBHBBf MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS:Per 24 CFR Part 58,the purpose of the environmental review procedures is to foster the implementation t>f environmentally compatible activities.Asa grant or loan recipient,Miami-Dade County will notfundprojects that will negatively impactclients, communities,or the environment- Part L AGENCY AND PROJECT DETAIL 1."IndicateFundingSource: "'•""CDBG •HOMELESS (SRO/SHP) 2.Indicate Fiscal Year FY20_ 3.Name of Subrecipient/Agency: 4.Name of Proposed Activity: -•"HOME •EDI ^StkCBMEST D •"HOPE VI •NSP 5.Location (Address withCity,ST and Zip)of Activity or Project 6.Site Folio Number(s): 7.Commission Districts): 8.Direct Contact information of loan/grant recipient Name: Address: Ot£_State:Zip: Phone:Fax: 9.Detaileddescriptionofactivity or project -«v-,.gy trcr _'.\T.V£vn^zB-*t^^#*^-i£r, 10 What is the purpose of the activity or project?For example,Public Service,Economic Development Historic Preservation,Capital Improvement,Housing,etc. 11 What is the status ofactivity or project?For example,Pre-Development Phase, Rehab/Construction Underway,Rehab/Construction Completed,etc. Part II.PROJECT OUTCOME Will the^ctLvity or pro|ectxesuJUoJtolPJtPwiDg2 YES NO 1.Change in use 2.,Sub-surface alteration (i.e.excavations) 3.New construction 4.Renovation or demolition Site improvements (utilities,sidewalk,landscaping,storm drainage,parking areas,drives,etc.) 6.Building improvements (windows,doors,etc.) 7.Displacement of persons,householdsorbusiness 8,Increase in population working or living onsite 9,Land acquisition' 101Activityin 100-year floodplain 11.Anewnonresidential use generatingatleast 1,375,000 gallons of water or 687,500 gallons of sewage per day 12.Use requiring operating permit (i.e.for hazardous waste, pretreatment of sewage,etc.) 13,Asanitary landfill or hazardous waste disposalsite 14.Tree removal or relocation 15.Street improvements 16.The impounding ofmore than 10 acre feet ofwater(e.g. digging alakeor diverting ordeepeningofabodyof water). Part III.SITE SPECIFIC INFORMATION 1.Land Use: Describetheexistingandproposed fend use: •Existing? Proposed? •Does the site have anyknown contaminants? •YES •NO •If there areknown contaminants,hasa Phase!audit been completed?Ifyes,a copy of Phase I EnvironmentalAuditcertifiedtoMiami-DadeCountymustbesubmittedto determine the likely presenceof either a release or threatened release of hazardous substance. •YES •NO T Site Plan:".'"" Does the proposed activity include a new structure(s)or site improvements on a site ofone m acre or more? •YES •NO If ves.asiteplanmustbe provided.Proiect(s)will notbe environmentally reviewed without a site plan. 3.Photographs: Does the activity include new construction,renovation or rehabilitation? •YES •NO If yes, photographs must be provided of each side (front,rear and sides)of the structure(s) proposed for assistance and the buildings on the adjacent lots.The photographs shall be identified by address.In addition,provide for each existing staicture on the site,the following information: •Existing structure(s)onsite?•YES•NO •Estimatedageofstructure(s)? 4.Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? •YES •NO If yes,what isthe estimated costof rehabilitation or renovation? What isthe amount sought for funding? In addition,indicateif the estimatedvalueoftheimprovement represents: •0to39.9 percent ofthemarketvalueofthe structure(s) •40to49.9percentofthemarketvalueofthestructure^) •50to74.9percentofthemarketvalueofthe structure(s) •75 percent or more ofthemarketvalueofthestructure^) 5.Phase I Environmental Audits: Doesthe proposed activity involvethe transfer ofany property,new construction,major renovations of 75%or more of the structures'market value,ora securing of aloanfor nonresidential parcel? •YES • Ifyes,a copy of Phase I Environmental Audit certified to Miami-Dade County mustbe submittedtodeterminethe likely presence ofeitherareleaseorthreatenedreleaseof hazardous substance. Anauditisareviewofasiteand adjacent propertiesandinvolves preparing ahistoryof -ownershiprlanduseand zoning forthe last-50years;-researching-environmental records-for information on hazardous waste sites,hazardous facilities,solidwaste/landfillfacilitiesand underground storagetanks (available through the Department of Permitting Environmentand Regulatory Affairs (DPERA),Florida Department of Environmental Protection (FDEP)and J:Sr-£rmronnrenfaH^otectiom contamination such as damaged vegetation or stains in the soil. Hasa Phase I been performed? NO •YES •NO 6.Environmental Health Information: •If a residential site,and the activity includes or involves rehabilitation,has it been inspected for defective paint surfaces? •YES •NO •If yes,please submit the results. •Have any childunderthe age of six at the site been tested forelevatedlevels of leadinthe body? •YES •NO If yes,please submit the results. 7.Other Site Information: YES NO 1.Flood insurance required? 2.Public water available on site? 3.Public sewer available on site? 4.Children under 6 years of age residing on site or relocating to site (including day care facility)? 5.Hazardous waste disposal facility? 6.Storage of hazardous materials on site? 7.Abandoned structured)on site? Part IV.SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1.For all projects:Submit street/plat mapsthat depict location of property inthe County and/or City withthe location orlotclearly pointed out 2.For new construction projects:Submit ascopeof service,an itemized budget,andasite plan. 3.For housing/building rehabilitation projects only:Submit ascopeof service,an itemized budget describing the major components ofthe rehabilitation program planned,anda photograph of the property. 4.For historic proprieties,include:Submit photographs ofthe property,anda description ofany adjacent historic properties thatmaybe affected by your activity. f>art-Vr^ER=nPie/ffi0N= I certify tothe accuracy ofthe information provided.I understand that all funded activities must havean approved environmental review clearance prior tothe commencement of projects.I cleariy understand thatany omitted and/or incorrect information will delay the initiation ofthe environmental reviewprocessbythe PHCD staff.Assuch,Iamawarethatomittedinformation could delay the commencement ofmy organization's project I understand all approved environmental reviews are valid for one (1)year maximum. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated,return completed form and attachments to: Project Management Division Public Housing and Community Development 701NW1st Court -14th Floor Miami,Florida 33136 TYPES OFACTIVITIESAND ENVIRONMENTAL GUIDELINESTRIGGERED: Type of Activity EXEMPT*CENST*CEST***EA**** Economic Development New Construction Rehab Non-Construction/Expansion X X1 X X2 Housing Single Family Rehab Multi-Family Rehab New Construction Hotneownership Assistance Affordable Housing Pre-Dev. X X X X'X2 X Capital Improvement Handicapped Access Public Facilities Infrastructure • X X1 X1 X2 X2 Public Services Employment Crime Prevention Child Care Youth or Senior Services Supportive Services Type of Publication Estimated Time Frame (Excluding Triggered Statutes) X X X X No Public Notice/No RROF 30-45 Days No Public Notice/No RROF 30-45 Days No Public Notice/No RROF (NoStatutory Requirement Triggered) Qr ~Publish NOI/RROF (Statutory Requirement Triggered) 45-90 Days X1 If for continued useandchange in density (or size)oflessthan20% X2 Change in density (or size)of more than 20% *Exempt Exempt Activities **CENST Categorically Excluded andNotSubjectto58.5 ***CEST Categorically Excluded Subjectto58.5 .EA Environmental Assessment (Format II) Publish FONSI and NOI/RROF 90 Days Minimum #•95532-CD/43/31413 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits Federal EmployerIdentification Number(FEIN) A)Nameof Entity,inoVidual(s).Partners orCorporation -S!reetAddress(RO.BoxNurnt>er.lsnptr«n^itied)..._._City 1.MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec.2-8.1 ofthe Miami-Dade CountyCode) Firms registered todo business with Miami-Dade County,shall require the person contracting ortransacting such business with the County to disdose under oath hisorher full legal name,and business address.Such contract ortransaction shall also require the disclosure underoathofthe full legalnameandbusinessaddressof all individuals having any interest (legal,equitable, beneficial or otherwise)inthe contract otherthan subcontractors,materialmen,suppliers,laborers or lenders.Post office box addressesshallnotbeaccepted hereunder.Ifthe contract orbusiness transaction iswitha corporation the foregoing information shall be provided for each officer and director and each stockholder holding,directly or indirectly,five (5)percent or more ofthe outstanding stockinthe corporation.Ifthe contract or business transaction is with a partnership,the foregoing inforniation shall be provided for each partner.Ifthe contract or business transaction is with a trust,the foregoing information shall be provided for thetrusteeandeach beneficiary ofthetrustThe foregoing disclosure requirements shallnotapplyto contracts with pubScry- traded corporations,orto contracts with the United States orany department or agency thereof,the Stale or any political subdivision oragency thereof,oranymunicipal ofthisState.Use duplicate pageif needed for additional names. Ifno officer,directororstockholderowns (5%)ormoreof stock,pleasewrite "None"below. Dun&BradstreetNumber (D4J-N-S") B)DoingBusinessAs (If sameaslineA,leaveblank) State (USA).Country _Zip Code PRINCIPALS | FULLLEGALNAME TITLE ADDRESS OWNERS |CHECK BOXES BELOW FULL LEGAL NAME TITLE a. X s o u. •o ADDRESS GENDER RACE/ETHNICITY M F i 1 CD O *E a a. w X a a.v. «•*a <J2 EZ if o Ifa percentage ofthe firm is owned bya publicly traded corporation.Indicate belowIn thespace "Other Corporations'. OTHER CORPORATIONS • Page 1of 9 CD/42/31443 MtAMHttDg PUBLICHOUSING AND.COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits Z MtAMt-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No.90-133,amending Section Z6-1 (d)(2)ofthe Miami-Dade County Code) The following information is for compfiance with all items inthe aforementioned Section: 1.Does your firm have a collective bargaining agreement with itsemployees?Yes 2.Does your firm provide paid health care benefits for itsemployees?Yes No No 3fProvide a current breakdown (number of persons)favour fimYs work force indicating race,national "origin and gender.. NUMBER OF EMPLOYEES Males Females "WhW Black Hispanic Asian /Pacific Islander Native American /Alaskan Native Other Total Number of Employees Total Employees 3.MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (Section 2-8.1.2(b)ofthe WamVDade County Code) All persons and entities that contract with Miami-Dade County are required to certify that they will maintain a drug4ree workplace and such persons and entities are required to provide notice to employees and impose sanctions for drug violations occurring in the workplace. In compBance with Ordinance No.92-15 ofthe Code of Miami-Dade County,the above named firm is providing a drug-free workplace.A written statement toeach employee shall inform the employee about 1.Dangerofdrug abuse intheworkplace 2.The firm*s policy of maintaining a drug-free environment at all work places 3.Availability ofdrug counseling,rehabilitation andemployeeassistance programs 4.Penaltiesthatmaybeimposeduponemployeesfordrugabuse violations The firm shall also require an employee to sign a statement,asa condition of employment thatthe employee wiM abide bythe terms ofthe drug-free workplace policy and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination.Firms mayalso comply with the County's Drug Free Workplace Certification where a person or entity is required to have a drug^ree workplace policy by another local,state or federal agency,or maintains such a policy ofits own accord and such policymeets the Intent ofthis ordinance. 4.MIAMI-DADE COUNTYDISABILITY AND NON-DISCRIMINATION AFFIDAVIT (Article 1.Section 2-8.1.5 Resolution R-f82-00 Amending R-385-95 ofthe Miami-Dade County Code) Firms transacting business wfth Miami-Dade County shall provide an affidavit Indicating compliance with afl requirements ofthe Americans withDisabilities Act (A.D.A.). I,state that this firm,is in compliance with and agrees to continue to comply with,and assure that any subcontractor,orthird party contractor shaH comply with afl applicable requirements ofthe laws including,but not limited to,those provisions pertaining to employment,provision of programs and services,transportation,communications,access to facflfties,renovations,and new construction. The American with Disabilities Actof 1990 (A.D.A.),Pub.U 101-336,104 Stat 327,42 U.S.C.Sections 225and 611 Including Titles I,II,III,IVandV. The Rehabilitation Act of 1973,29 U.S.C.Section 794 The FederalTransit Act,as amended,49U.S.C.Section 1612 The FairHousingAct as amended,42U.S.C.Section 3601-3631 Page 2 of 9 CD/42/31413 iMdSBgr PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits /.hereby affirm that!amin comoliance withthe below sections: Section 2-10.4(4)(a)of the Code of Miami-Dade County (Ordinance No.82-37),which requires that all property licensed architectural,engineering,landscape architectural,and land surveyors have an affirmative action plan on file with Miami-Dade County Section 2-8.1.5 oftheCodeof Miami-Dade County,which requires that firms that have annual gross revenues inexcessof five (5)million dollars have an affirmative action plan and procurement policy on file with Miami-Dade County.Firms that have a Board of Directors that arerepresentative ofthepopulation make-up ofthe nation maybeexempt 5.MIAMI-DADE COUNTYDEBARMENT DISCLOSURE AFFIDAVIT (Section 10.38ofthe fSamWade County Code) Firms wishing to do business with Miami-Dade County must certify that it's contractors,subcontractors,officers,principals, stockholders,oraffiliates arenotdebarred bythe County before submitting a bid. I,confirm matnone ofthis firms agents,officers,principals,stockholders,subcontractors or their affiliates are debarred by Miami- Dade County. &MIAMI-DADE COUNTY AFFIDAVIT RELATING TO INDIVIDUALS AND ENTITIES ATTESTING BBNGCURRENT IN THEIR OBLIGATIONS TOMIAMI-DADE COUNTY (Ordinance 99-162,amending Section 2-8.1;Ordinance 00-30,amending Section 2-8.1 (c),and Ordinance 00-67,amending 2-8.1 (h),ofthe Miami-Dade County Code) Firms wishing to transact business with Miami-Dade County must certify that all delinquent and currently due fees,taxes and parking tickets have been paid and no individual or entity in arrears in any payment under a contract,promissory note or other documentwiththe County shallbe allowed to receive anynewbusiness. I,confirm that all delinquent and currently due fees or taxes including,but not Rmited to,real and personal property taxes, convention and tourist development taxes,utiHty taxes,and Local Business Tax Receipt collected in the normal course bythe Miami-Dade County Tax Collector and County issued parking tickets for vehicles registered inthe name ofthe above firm,have been paid. MIAMI-DADE COUNTYCODEOFBUSINESS ETHICS AFRDA VIT(Article 1,Section 2-8.1(0 ofthe Miami-Dade County Code through (6)and (9)ofthe County Code and County Ordinance No 00-1 amending Section 2-11.1(c)ofthe County Code) Firms wishing to transact business with Miami-Dade County must certify that it has adopted a Code that compfies with the requirements ofSection 2-8.1 of the County Code.The Code of Business Ethics shall apply to all business that the contractor does with the County and shall,ata minimum;require the contractor to comply with all applicable governmental rutes and regulations. I confirm that this firm has adopted a Code of business ethics which compSes with the requirements of Sections 2-8.1 ofthe County Code,and that such code of business ethics shall apply to all business that this firm does with the County and shall,ata minimum,require thecontractor to comply with all applicable governmental rules and regulations. MIAMI-DADE COUNTYFAMILY LEAVE AFFIDAVIT (Article Vof Chapter 11,of tiie Miami-Dade County Code) Firms contracting business with Miami-Dade County,which have more than fifty (50)employees for each working day during each of twenty (20)ormore work weeks In thecurrent or preceding calendar year,are required to certify that they provide family leaveto their employees. Firms with less than the number of employees indicated above are exempt from this requirement,butmust indicate by letter (signed byan authorized agent)that itdoes not have the minimum number ofemployees required bytheCounty Code. I confirm that if applicable,this firm compfies with Article Vof Chapter 11 ofthe County Code,which requires that firms contracting business with Miami-Dade County which have more than fifty (50)employees for each working day during each of twenty (20)or more woric weeksinthe current orpreceding calendar year are required to certify that they provide family teave to Page 3 of9 CD/42/31413 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits their employees. 9 MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT (Section 2-8.9 ofthe of the MxemVDade County Code) AH applicable contractors entering into acontract with the County shall agree to pay the prevaHing living wage required by this "section ofthe'County Code. confum that if applicable,this fim,complies with Section 2^.9 of the County Code,which ^^tz^^M^mployere ^ZTJ^TJLrf with MfemtDade County shall pay the prevaHing living wage required by the section ofthe County Code.entering a contract with MiamHtede County shall pay the prevaHing 10 MIAMt-DADB COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT'(ArOdB 8,Section 11A-60-11A-67 of the of the Miami-Dade County Code) Fhms wishing to transact business with Miami-Dade County must certify that it is in compliance with the Domestic Leave Ordinance. ,«—«,„♦*o««H«hk»thfe firm comDfies with the Domestic Leave Ordinance.This ordinance appRes to employers that have, S^^co-^-*'<**«"""*O""***-*^^****• currentorpreceding calendar year. 11.MlAMh-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 ofthe MiamhDade County Code) The Individual orentity entering into a contract or receiving funding from the County _ this affidavit been convicted ofa felony during thepastten(10)years. An officer,director,or executive of the entity entering into a contract or receiving funding from the County has. not asofthis,date been convicted ofa felony during the past ten(10)years. has has not as of the date of has (Signature) Swornto and subscribed beforemethis m Personally known Or produced identification. (Typeof identification) day of.,20 NotaryPublic-State of. My commission expires _ (Printed,typed or stamped commissioned name of notary public) Page 4of9 CD/42/31413 mSSmOW PUBLICHOUSINGANDCOMMUNITYDEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OFA NOTARY PUBLIC OR OTHER OFFICIALAUTHORIZEDTOADMINISTER OATHS. 1.-This form statementis submitted to by. for (Print individual's nameand title) (Print nameofentity submitting sworn statement) whose business address is and ifapplicable its Federal Employer Identification Number (FEIN)is .If the entity hasno FEIN,include the Social Security Number ofthe individual signing this sworn statement 2.-I understand that a "public entity crime"as defined in paragraph 287.133 (1)(g),Florida Statutes,means a violation of any state or federal law by a person with respect to,and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States,including,but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust,fraud,theft, bribery,collusion,racketeering,conspiracy,or material misinterpretation. 3.-1 understand that "convicted*or "conviction"as defined in Paragraph 287.133 (1)(b),Florida Statutes,means a finding of guilt ora conviction ofa public entity crime,with or without an adjudication of guilt in a federal or state trial court of record relating to charges brought by indictment or information after July 1,1989,asa result ofa jury verdict,non-jury trial,or entry ofa plea of guilty ornolo contendere. 4.-1 understand thatan •Affiliate-asdefinedin paragraph 287.133 (1)(a),Florida Statutesmeans: a)A predecessor or successor ofa person convicted ofa public entity crime or; b)An entity under the control of any natural person who is active in the management of the entity and who hasbeen convicted ofa public entity crime.Theterm "affiliate*includes those officers,directors, executives,partners,shareholders,employees,members,and agents who are active in the management of an affiliate.The ownership by one person ofshares constituting a controlling interest in another person,or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall bea prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted ofa public entity crime in Florida during the preceding 36 moths shall be considered an affiliate. 5.-I understand thata "person*as defined in paragraph 287.133 (1)(e),Florida Statutes,means any natural person or entity organized under the laws of any state or ofthe United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity.The term "person"includes those officers,executives,partners,shareholders,employees,members,and agents whoareactivein management of an entity. Page5of9 CD/42/31413 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits 6.-Based on information and belief,the statement which I have marked below is true in relation to the entity submitting this sworn statement (Please indicate which statement applies) Neither the entity submitting sworn statement nor any of its officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management of the entity nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. --The entity submitting this sworn-statement or one or more of its officers,directors,executives,partners shareholders,employees,members,or agents who are active in the management of the entity,or an affiliate of the entity,or an affiliate of the entity had beencharged with,and convicted of a public entity crime subsequent to July 1,1989,AND (please indicate which additional statement applies). The entity submitting this sworn statement or one or more of its officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management of the entity,nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of Florida,Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement onthe convicted vendor list (attach a copy ofthe final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBUC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, t ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTRING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR ACATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of_,20_ Personally known. Or produced identification Notary Public-State of. .My commission expires. (Type of identification) (printed,typed or stamped commissioned name ofnotary public) Page 6of9 CD/42/31413 PUBLICHOUSINGANDCOMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits AFFIDAVITOFFINANCIAL AND CONFLICTSOFINTEREST 1-Do vouhaveanypastdue financial obligations with Miami-Dade County? 3 YES NO SingleFamilyHouseLoans Multi-Family HousingRehab ^DBGJDqmmerciat Loan Project __ U.S.HUD Section~108 Loan""-—__— Other HUD Funded Programs L. Other (liens,fines,loans,occupational licenses,etc.) If YES,please explain: 2.-Do you have any past due financial obligations with Miami-Dade County? YES NO IfYES,please explain: 3.-Are you a relative ofor do you have any business or financial interests with any elected Miami-Dade County official,Miami-Dade County Employee,or Member of Miami-Dade County's Advisory Boards? YES NO If YES,please explain: Any false information provided on this affidavit will be reason for rejection and disqualification of your project-ftinding request to Miami-Dade County The answers tothe foregoing questions are correctly stated tothebestofmyknowledge and befief. By:(Signature ofApplicant)(Date) Sworn toand subscribed beforemethis dayof ,20_ Personally known_ Or produced identification Notary Public-State of m (Typeof identification) mMy commissionexpires m (Printed,typed or stamped commissioned nameof notary pubfic) Page7 of 9 CD/42/31413 iSSHr PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits COLLUSION AFFIDAVIT (Code of Miami-Dade County Section 2-8.1.1 and 10-33.1)(Ordinance No.08-113) BEFORE ME,A NOTARY PUBLIC,personally appeared who being duly sworn states:-(insert.name of affiant) I am over 18 years of age,have personal knowledge ofthe facts stated in this affidavit and I am an owner,officer,director,principal shareholder and/or I am otherwise authorized to bind the bidder of tois-GOfrfraGt:- I state that the bidder of this contract •is not related to any ofthe other parties bidding in the competitive solicitation,and that the contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named,and that the contractor has not,directly or indirectly,induced or solicited any other proposer to put in a sham proposal,or any other person,firm,or corporation to refrain from proposing,and that the proposer has not inany manner sought by collusion to secure totheproposeranadvantageoverany other proposer. OR •is related to tiie following parties who bid inthe solicitation which are identified and listed below: Note:Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award.Inthe event a recommended contractoridentifiesrelatedpartiesin the competitive solicitation its bid shall be presumed,tobe collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence astothe extent of ownership,control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals,corporate officers,and managers thereof whichhaveadirector indirect ownershipinterestinanotherbidderor proposer for the same agreement or in which a parent company orthe principals thereof ofone (1)bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for thesame agreement Bids or proposals found tobe collusive shall be rejected. By:20 Signature of Affiant Date Printed Nameof Affiant andTitle Federal Employer Identification Number Printed Name of Firm Address of Firm Page8of9 CD/42/31413 lliHr PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits SUBSCRIBED AND SWORN TO (or affirmed)before me this day of,20 He/She is personally known tomeorhas presented _as identification.TyPe Df identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date NotaryPublic-State of Page 9 of9 CD/42/31413 DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES, FEESANDPARKING TICKETS HAVEBEEN PAID (Section 2-8.1 (c)of the Code of Miami-Dade County,as amended by Ordinance No.00-30) and THAT DEVELOPER ISNOT IN ARREARSTO THE COUNTY (Section 2-8.1 (h)of the Code of Miami-Dade County,as amended by Ordinance No.00-67) I-foregoing statements are true andcorrect ,being first duly sworn,hereby state and certify that the (fill inthe title of1.That I amthe Developer (if the Developer isan individual),orthe the position held with the Developer)ofthe Developer.__ 2 That the Developer has paid all delinquent and currently due fees or taxes (including but not limited to, real and personal property taxes,utility taxes,and occupational taxes)collected in the normal course by the Mfomi-n*fo County Tay Collector,and County issued parking tickets for vehicles registered jgjie. ByL nameoftheabove developer,havebeenpaid. 3 That the Developer is not in arrears in excess of the enforcement threshold under any contract,final non-appeasable judgment,or lien with Miami-Dade County,or any ofits agencies or instrumentalities, including the Public Health Trust,either directly or indirectly through a firm,corporation,partnership or joint venture in which the Developer has.a controlling financial interest For purposes hereof,the term -enforcement threshold"means any arrearage under any individual contract,non-appeal able judgment, or lien with Miami-Dade County that exceeds $25,000 and has been delinquent for greater than 180 days For purposes hereof,the term -controlling financial interest"means ownership,directly or indirectly,of ten percent or more of the outstanding capital stock in any corporation,or a direct or indirect interest often percent or more in a firm,partnership,or other business entity. Signature of Affiant Printed Name of Affiant and Title ^20- Date _/_/_/_/_/_/_/—7—;—'—' Federal Employer Identification Number Printed Name of Firm Address of Firm SCRIBED AND SWORN TO (or affirmed)before me this day of _,20. B __.He/She is personally known to me or has presented Type of Identification SignatureofNotary Printer Stamp Nameof Notary Notary Public-State of , as identification. Serial Number Expiration Date Notary Seal CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans and Cooperative Agreements TTie undersigned certifies,to the best of his or her knowledge and belief;that: I.No Federal appropriated funds have been,paid or will be paid,byor on behalf ofthe undersigned,to any person for influencing or attempting to influence an officer or employee ofan agency,a Member ofCongress,an officer or employee of Congress, or an employee ofa Member of Congress in connection with the awarding of any Federal contract,the making ofany Federal grant,the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement ===========^^ 2.If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee ofa Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying/5 in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents forall subawards atall tiers (including subcontracts,subgrants, and contracts under grants,loans,and cooperative agreement in excess of $100,000) andthatall subrecipients shall certify and disclose accordingly. 4.This certification isa material representation of fact upon which reliance was placed whenthis transaction wasmadeor entered into.Submission ofthis certification isa prerequisite for making or entering into this transaction imposed by section 1352, title 31,U.S.Code.Any person who fails to file tiie required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: (Signature of AuthorizedRepresentative) Print: (PrintName of Firm andAuthorizedRepresentative) Title:''. Date: Agency's letterhead SAMPLE AGENCY NAME DISCLOSURE ABOUT RELATED PARTIES (DATE) THERE ARENO BOARD MEMBERS OF THE (AGENCY NAME) WHO HAVE ANY RELATIONSHfP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY NAME)OPERATIONS. H3ADEBMIAMIDADEJ PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ETHICS COMMISSION DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS Applicant:_ Co-Applicant: In accordance withSection 2-11.1 Subsection (c),and(d)oftheMiami-DadeCountyConflictofInterest andCodeof Ethics Ordinance,covered persons definedunder 2-11.1(b)are required torequestanEthics Opinion if theyare seeking to participate in housing assistance programs administered bythe PHCD. Check if any ofthe following "appliestoyou: •l/we do not currentlyworkforMiami-DadeCounty (no additional action is required). •I/we am/are a School BoardorFederalEmployee.77iese employees are not covered under Section2-11.1ofthe Miami-Dade County Conflict of Interest andCodeofEthics Ordinance (no additional action isrequired). •l/we am/are an appointed or elected County Official (Ethics Opinion must be sought - http://ethics.miamidade.gov/frequently-used-forms.asp) •l/we am/area Miami-Dade County Employee '(Ethics Opinion must be sought - httpS/ethics.miamidade.gov/frequently-used-forms.asp). •Please provide the department and division name below: •l/we am/areimmediate family toa Miami-Dade County employee,appointed orelected official. (*)Immediate family is defined asspouse,domestic partner,parents,stepparents,children and stepchildren (Ethics Opinion must be sought -http'J/ethics.miamidade.gov/frequently-used-forms.asp). •Please provide the following information regarding the County employee,appointed orelected official: Name of employee, appointed or elected official: Department, Division,or Board: Signature of Applicant: Signature of Co-Applicant: Date: Warning:Title 18,USCodeSection1001,statesthatapersonwho knowingly and willingly makesfalseor fraudulent statementstoany Department or Agency oftheUnitedStates isguilty ofafelony.Statelawmayalsoprovidepenaltiesfor fe/se or fraudulent statements. t£* ALC/AM/CA/CD/1/62414/V Miami-Dado County Contractor Due Diligence Affidavit Per Miami-Dade County Board of County Commissioners (Board)Resolution No.R-63-14,County Vendors and Contractors shall discfose the following as acondition ofaward for any contract that exceeds one million dollars ($1,000,000)or that otherwise must be presented to the Board for approval: (1)Provide a list of all lawsuits in the fm (5)years prior to bid or proposal submittal that have been filed against the firm,its directors,partners, principals and/or board members based on a breach of contract by the firm;include the case name,number and disposition; (2)Provide alist of any instances in the five (5)years prior to bid or proposal submittal where the firm has defaulted;include abrief description of thecircumstances; (3)Provkte'a list ofany instances in"thefive (5)7ears prior to bid or proposaf submittal where the firm has been debarred or-received a-formal notice of non-compliance or non-performance,such as a notice to cure or a suspension from participating or bidding for contracts,whether related to Miami-Dade County or not All of the above information shall be attached tothe executed affidavit and submitted to the Procurement Contracting Officer (PCO)/AE Selection Coordinator overseeing this solicitation.The Vendor/Contractor attests to providing all ofthe above information,if applicable,to the PCO. Federal Employer Contract No.:Identification Number (FEIN): Contract Title: Printed Name ofAffiant Printed Title ofAffiant Signature ofAffiant Name of Firm Address of Firm Stale ZipCode x.Notary Public Information NotaiyPubiic-Stateof Countyof . Subscribed and sworn to (or affirmed)before me this day of,20 by He or she is personally Known to me Q or has produced identification Signature of Notary Public &&Number "Print or Stamp of Notary Public Expiration Date Notary PubBc Seal 2/2014 County Construction Sign (Only areas circled are subject to change) www.miamidade.gov or call 3- 07-23-13 Sign is 4'X 8'with 12'post Place check mark in box after location has been marked. Once location has been marked submit signage request form This Form to be Faxed to: 305-637-1746 or 305-375-1125 Attention:Michael O.Smart ATTACHMENT F Quantity required Permanent signs (In Ground) Q Replacement or D New sign Check if ARRA Funded a Yes a No Must indicate Federal Department and /or State Department if applicable Sign location address Plus specific location of sign placement R PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT G FAIR SUBCONTRACTING POLICIES (Ordinance 97-35) FAIR SUBCONTRACTING PRACTICES In compliance with Miami-Dade County Ordinance 97-35,the Developer submits the following detailed statement ofitspoliciesandproceduresof awarding subcontracts: I hereby certify that theforegoing information is true,correct and complete. Signature of Authorized Representative:.—. Title:—_Date: Firm Name:Pad-ID N<x Address:.—— City..State:Zip Code:_ Telephone:()frax-(—). CD/39/31313 ATTACHMENT H PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) Firm Name of Prime Contractor/Developer. This form,ora comparable listing meeting 1he requirements of Ordinance No.97-104,MUST be completed by the developers on County contracts for purchase of supplies,materials or services,including professional services which involve expenditures of $100,000 or more,and all developers on County or Public Health Trust construction contracts which involve expenditures of $100,000 or more.This form,oracomparable listing meeting the requirements of Ordinance No.97-104,mustbe completed and submitted even though the developer will not utilize subcontractors or suppliers onthe contract The developer foeald=enior-theJWTOi^ ?SiiKco*ntfactbBff^^3ri^: mifmffiSlffi&m®m nosubcontractorsor suppliers willbeusedonthecontract.The developer whois awarded the contract shall not change or substitute first tier subcontractors,direct suppliers orthe portions of the contract work to be performed,ormaterials to be supplied from those identified,except upon written approval ofthe County. iiesj Icertify thatthe representations contained inthis Subcontractor/Supplier Listing aretothebestofmy knowledge true and accurate. Signature Developers) Date riot Print Name Print Title Authorized Representative (Duplicateifadditional space is needed) Page 1 of 1 CD/40/31415