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Res No 211-15-14550RESOLUTION NO.211-15-14550 A Resolution authorizing the City Manager to execute FY 2015 Community Development Block Grant agreement aswellasloan documents and other documents required by the agreement with Miami-Dade County Public Housing and Community Development (PHCD)for the After School Programming Support. WHEREAS,the Mayor andCity Commission desireto accept the grant of a loan inthe amount of $2,000 from Miami-Dade County administered byand through its Department of Public Housing and Community Development (PHCD)thatmaybe forgiven if all conditions are met;and WHEREAS,the Agreement will provide funding for desks and storage furniture forthe After School Program;and WHEREAS,the grant period begins on October 1,2015 andendson December 30, 2015. WHEREAS,the Mayor andCity Commissioners desire to have the City Manager execute the grant agreement inan amount of $2,000; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager ishereby authorized toexecutethegrantagreement,loan documentsandanyrelateddocumentsrequiredbytheagreementwithMiami-DadeCounty Department of PublicHousingandCommunity Development (PHCD)fortheAfterSchool Programming Support intheamount of $2,000.Thegrant agreement isattachedtothis resolution. Section 2:Severability.If anysectionclause,sentence,orphrase of thisresolutionisfor anyreasonheldinvalidorunconstitutionalbyacourt of competent jurisdiction,theholdingshall notaffectthe validity of the remaining portions of thisresolution. Section3.Effective Date.This resolution shallbecomeeffective immediately upon adoption byvote of theCity Commission. Pg.2 of Res.No.211-15-14550 PASSED AND ADOPTED this ISthday of December ,2015. read andaeeroved as to form langua^Clegality . exeottT APPROVED: mayo; 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:The Honorable Mayor &Members of the City Commission From:Steven Alexander,City Manager Date:December 15,2015 Agenda ItemNo. Subject: Background: Amount: Attachments: A Resolution authorizing the City Manager to execute FY 2015 Community Development Block Grant agreement with Miami-Dade County PublicHousing and Community Development (PHCD)for the After School Programming Support. The Cityof South Miami was awarded funding for the After School Programming Support (Project)under the Community Development Block Grant (CDBG)Program inatotal amount of $2,000 through Miami-Dade County,Public Housing and Community Development (PHCD).The grant will provide funding for desks and bookshelves for the Cityof South Miami'sAfter School Program. The grant period begins on October 1,2015 and ends on December 31,2015. $2,000.00 Grant Contract Resolution Number:#R-925-15 Duns Number 024628976 Awarded Amount $2.000.00 CDBG 2015 FY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT Non-Profit 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 oftheStateof Florida,hereinafter referred toas "County"and After School Programming Support., hereinafter referred toas "Awardee"and having offices at 6130 Sunset Drive .South Miami.FL 33143.and telephone number of (305)668-2510 states conditions and covenants for the rendering of Community,Economic or Housing activities hereinafter referred toas "Activity or Activities"for the County through its Public Housing and Community Developmenthereinafter referred toas "PHCD,"and having its principal offices at 701 N.W.1 Court,14th Floor,Miami Florida 33136,collectively referredto as the"Parties." WHEREAS,the Home Rule Charter authorizes Miami-Dade County to provide forthe uniform health and welfareofthe residents throughouttheCountya;and WHEREAS,the Community Development Block Grant (CDBG)Program was authorized by the Housing and Community Development Act of 1974,as amended,with the primary objective of promoting the development of viable urban communities;and WHEREAS,the Awardee providesit will develop activities ofvaluetothe County andhas demonstrated an abilityto provide these activities;and WHEREAS,theCountyis desirous of obtaining such activities oftheAwardee,andtheAwardeeisdesirous ofproviding such activities;and WHEREAS,the County has appropriated of$2.000.00 CDBG funds (plus any Program Income awarded by the Board of County Commissioners,which shall be added tothe Contract by Amendment)tothe Activity After School Programming Support,located at5800 SW66 Street.South Miami.FL 33143.All CDBG funds,except those awarded toCountyDepartmentsand municipalties,areawardedin the form of aloan that isforgivable ifthenational objective is met pursuant tothe terms and conditions set forth herein,including but not limited to Section II,W(2)(a)(1)- (2);and WHEREAS,the Awardee shall carry out the Activities defined andset forth in Attachment A,"Scope of Services",in Miami-Dade County orthefocusarea(s)ofthe county.Thiscontract effective startdateis October 1, 2015.and shall expire on December 31.2015. NOW,therefore,in consideration ofthe mutual covenants recorded herein,the parties hereto agreeas follows: I.DEFINITIONS PHCD PublicHousingandCommunityDevelopmentorits successor Department. 24 CFR Part 570 -CDBG Federal regulations implementing Title I ofthe Housing and Regulations Community Development Actof 1974,as amended -Community Development Block Grant. Awardee Recipientof CDBG funds from Miami-Dade County. Community Development A local agency thatis organized tomeet community development Corporation needs with particular emphasis onthe economic development, housing and revitalization needs of low-and moderate-income area residentsandwhichisreceptivetotheneedsexpressedbythe community. Local Having headquarters in Miami-Dade County or having a place of business located inMiami-Dade County from which the Contractor Subcontract willbe 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 forthearea,as determined by HUD with adjustments for smaller and largerfamilies and withcertain 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 andlargerfamiliesandwithcertain 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 directionofthe Awardee orany subcontractor incarryingout the duties and obligations required by the terms of this contract, includingbutnotlimitedtofinancial books andrecords,ledgers, drawings,maps,pamphlets,designs,electronic tapes,computer drives and diskettes or surveys. Any federal funds receivedby the Awardeefromany source duringthe periodof time inwhich the Awardee is performing the obligations set forth in this contract Therealpropertyas descibed bylegal description in any loan documents executed between Awardeeand the Countyand any real propertyofAwardeeorRelatedorAffiliatedEntities(asdefinedherein) acquired or improved upon with funds awarded pursuant to this Agreement oronwhichfunds awarded pursuant to this Agreement are anticipated to be used. PHCD'sPoliciesandProcedures Manual f/k/aContract Compliance Manual may be viewed and downloaded at http://vmw.miamidade.gov/housing/community-development-asp Any individual orfirmhiredona contractual basis by the Awardee for thepurposeof performing workorfunctionscitedontheActionStep Format (Attachment "A1)of this contract Any contractual agreement between a Subcontractor and the Awardee. THE AWARDEE AGREES: A.The Awardee shall carry outthe Activities defined andset forth in AttachmentA,"Scope of Services,"which is incorporated herein and attached hereto,in the County orthe focus area(s)of the County.Awardeeacknowledgesandagreesthatthepurposeof CDBG fundsistobenefit low- andmoderate-incomepersons.Therefore,Awardee shallcarryoutthe Activities insuchamanner as to satisfy aNationalObjective. B.Insurance Requirements Upon PHCD's notification,the Awardee shall furnish tothe Departments Community and Housing Management Division (CHMD),701 N.W.1 Court,14th floor,Miami,Florida 33136,relevant certificate^)of Insurance,in compliance with 24 CFR 84.31 and24CFR84.48as applicable, evidencing insurancecoverageas detailed in Attachment B-1(A).The effective coveragestartdate of applicable insurances shallnotbelaterthanthe date oftheAgreementexecutionandshallbe approvedby Miami-Dade Count/s Internal Services Department prior toany reimbursement being processed.All certificatesandinsuranceupdatesmust identify the names oftheAwardeeandthe Activity beingfundedthroughthisAgreement.TheAwardeeshallprovideBuilder'sRiskInsurance and/or Flood Insurance (ifapplicable)uponthe issuance oftheNoticeto Proceed withaneffective date for coverage commencing on the Noticeto Proceed date. Any changes to the requiredinsurance policies,including coveragerenewals,mustbesubmittedto PHCDthrougha formal notice immediately uponoccurrence throughout theAgreementperiod. Page 2 If the Awardee failsto submit the required insurance documents in the manner prescribed in these requirements withinsixty(60)calendar days after the Boardof County Commissioners'approval,the Awardee shall bein default of the terms and conditions of the Agreement. C.Certificate of Continuity The Awardee shallbe responsible for ensuring that the insurance certificates required inconjunction with this subsection remain in force forthe duration of the Agreement period,including any and all option years,if applicable.In the case of construction and major rehabilitation activities,the Awardee must have the coverage citedin Attachment B-1(A)ofthis Agreement atthetime that it begins construction on the project.If the insurance certificates are scheduled to expire duringthe Agreement period,the Awardee shallbe responsible for submitting new or renewed insurance certificates to the County ata minimum ofthirty(30)calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period,the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements;provided,however,that this suspended period does not exceed thirty(30)calendar days.If such suspension exceeds thirty (30)calendar days,the County may,atits sole discretion,terminate the Agreement.Priorto execution of the Agreement by the County and commencement of the contracted services,the Awardee shallobtainall insurance required under this Section and submit same to the Countyfor approval.All insurance shall be maintained throughout the termof the Agreement. D.Indemnification The County shall not assume any liability for the acts,omissions to act or negligence ofthe Awardee,its agents,servants or employees;norshall the Awardee exclude liability foritsown acts, omissions toact,or negligence arisingoutof the Awardee's performance pursuant tothis Agreement.TheAwardeeshall indemnify andhold harmless theCountyanditsofficers,employees, agents and instrumentalities fromanyandail liability,losses or damages,including attorneys'fees andcostsofdefense,which theCountyoritsofficers,employees,agents or instrumentalities may incur as aresultofclaims,demands,suits,causes ofactionsor proceedings ofanykindornature arisingoutof,relatingtoorresultingfromthe performance ofthis Agreement bytheAwardeeorits employees,agents,servants,partners principals orsubcontractors.TheAwardeeshallpayall claims and losses in connection therewithandshall investigate and defendallclaims,suitsor actionsofany kind ornatureinthenameoftheCounty,where applicable,including appellate proceedings,andshallpayall costs,judgments,and attorney's fees whichmay issue thereon.The Awardeeexpresslyunderstandsandagreesthatanyinsurance protection requiredbythis AgreementorotherwiseprovidedbytheAwardeeshallinnoway limit the responsibility to indemnify,keepandsaveharmlessanddefendtheCountyorits officers,employees,agentsand instrumentalities as herein provided.Nothing hereinis intended toserveasawaiverof sovereign immunity bytheCountynorshall anything hereinbeconstruedasconsentbytheCountytobesued bythirdpartiesinanymatterarisingoutofthisAgreement.Nothinghereinshallbeconstruedto extendtheCounty's liability beyondthat provided insection768,28,Florida Statutes.The provisions ofthis section survivetheterminationorexpirationofthis Agreement. E.National Objective Inaccordance with 24CFRSection570.208ofthefederalregulations,theAwardeeshallbe requiredto achieve thenationalobjectiveof Benefit toLow and Moderate Income Persons or Households (LMI).(See Attachment B-2).Awardee shall executeand deliver tothe County, simultaneous with this Agreement,a Promissory Note committing to repay the funds provided bythe County pursuant tothis Agreement intheeventthat Awardee fails tomeetthe national objective.In theeventthe CDBG funds subjecttothis Agreement aretobeusedforthe acquisition or improvement of real property,the Awardee shall alsobe required to give the County a mortgage or other sercurity instrument tobe determined atthe absolute andsole discretion ofthe County Mayor or Mayor's designee inorderto secure theloan described inthisAgreement.Titleworkandatitle insurance policy,if so required inthe absolute andsole discretion ofthe County Mayor or Mayor's designeeinorderto adequately securethe loan set forth herein,shall be paid for by Awardee. Awardee understands thatthe County may be liable tothe United States Department of Housing and Urban Development ("HUD")for repayment ofthe federal funds loaned to Awardee pursuant to this Agreement in the event that HUD determines that Awardee has failedto meet thenational objective.AWARDEE WAIVESANY RIGHT TOOBJECTTOTHE REPAYMENT OF FUNDS, PURSUANTTOTHISAGREEMENTAND/ORTHE PROMISSORY NOTE,IN THEEVENTTHAT Page 3 HUD DETERMINES THATTHEAWARDEEHAS NOT MET THE NATIONAL OBJECTIVE.The County shallhave all rights and remedies in law and equity toseek repayment offunds loaned to Awardee pursuant tothis Agreement. Documents and Reporting Requirements TheAwardeeshallsubmitdocumentsto PHCD orreportonrelevant information to PHCD as described below and provide any other documents in whatever form,manner,or frequency as prescribed by PHCD.These will beused for monitoring progress,performance,and compliance with this Agreement andfor compliance with applicable County andFederal requirements. 1.Certificates of Insurance The original certificates,asset forth in Attachment B-1(A)shall be received by PHCD within the first month of this Agreement period,and submitted with each payment request, including anyrenewals,prior topaymentsmadebythe County.The effective dateofthe coverage must coincide withthebeginning date ofthis agreement. 2.Progress Reports a.TheAwardeeshallsubmiteachquartera status reportusingtheformattached heretoas Attachment C,"Progress Report,"as itmayberevisedby PHCD,which shalldescribethe progress madebytheAwardeein achieving eachofthe Activities,objectivesandactionsteps identified herein,including butnot limited to Attachment A and Attachment A-1. TheAwardeeshallensurethat PHCD receiveseachreportin triplicate (oras indicated)nolaterthan10 days afterthe quarter ends. The Awardee shall submit toPHCDa cumulative account ofits activities under this agreement by completing the following portionsoftheProgressReport Form: Section I -General Information Section II -Financial Information: TheAwardeemustreportexpenditure information basedonapprovedbudgeted lineitemstoreflectall costs incurredduring the reportingperiod.Inaddition,the AwardeeshallreportonProgramIncome,depictingthetwenty percent (20%)to bepaidto the Countyquarterly as well as Awardee's usage ofProgramIncome for each contracted activity. Section III -Status of Contracted Activities: The Awardee mustreportspecificinformationregarding the status ofthe contracted activities,including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reportingperiod(if applicable)for each federally definedethnic category.Awardees engaged inconstruction and/or housingrehabilitationprojects shallreportontheprogressoftheiractivitiesincludingthenumberofhousingunits completed and occupied by low-moderate and low income residents.The Awardee shall also report demographic information on each head of household. Each goal and correspondingobjective(s),as indicatedinthe approved Scope of Services,mustbe addressed as partofthisreport.Awardees engaged injob creation projects shallreportonthe progress of their activitiesincludingthe names of businesses assisted,the number of jobs created and the income qualificationof individuals holding the jobs created. 50%and70%BenchmarkReporting:At the timeAwardee has been paidor otherwise received fifty percent (50%)and seventy percent (70%)ofthe Agreement Funds,Awardee must report—on the next progress report due -and submit documentation to show sufficientto show that Awardee has accomplished 50%and 70%,respectively,of the Activities described herein.For Awardees engaged in construction and/or housing rehabilitation projects,Awardees shall reporton the progress oftheiractivitiesincludingthe number ofhousingunits completed and occupied by low-moderate and low income residents.The Page 4 Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s),as indicated in the approved Scope of Services,mustbe addressed as partofthisreport.Awardees engaged injob creation projects shall report on the progress of their activities including the names of businesses assisted,the number of jobs created and the income qualification of individuals holding the jobs created. In conjunction with the progress reports submitted,Awardee shall submit the Performance &BenefitData Supplement (the"Supplement")totheQuarterly Expenditure &Progress Report.The Supplement shallbe considered apartof the progress reports due pursuant to this Agreement. Section III -Contract and Subcontract Activity Report: Contractand Subcontract Activity Report(FirstandThirdQuarter Progress Report)-The Awardee shall report to PHCD the number of business activities involvingminority vendors,including subcontractors performingwork under this Agreement.The "Contract and Subcontract ActivityReport"Section in Attachment C,andwhenapplicableSection3inthe same Attachmentshallbecompleted semiannuallybytheAwardeeandsubmittedtoPHCDnolaterthan 10 daysafter the first and third quarter. Section IV-Neighborhood Employment Opportunities: NeighborhoodEmploymentOpportunitiesReport(FirstandThird Quarter Progress Report)-TheAwardeeshallreporttoPHCDthenumberof target and servicearearesidentswhohavereceivedemployment opportunities from federally financed and assisted projects and activities. The Neighborhood EmploymentOpportunitiesReportshallbesubmittedusingthe ProgressReportFormattachedhereto as aSectionin Attachment C,asitmay berevised.Thissectionofthe form shallbecompleted semiannually bythe Awardee andsubmittedtoPHCDno later than10daysafterthefirstandthird quarter. TheAwardeeshallsubmittotheCounty,inatimelymanner,anyother information deemednecessarybythe County toshowAwardeehas performed its obligations set forthinthis Agreement and to show U.S.HUD that Awardee has met the national objective,anditspresentationshallcomply with theformatspecifiedat thetimeoftherequest.Failuretosubmitthe Progress Reportsorother information inamannersatisfactorytotheCountybytheduedateshallrenderthe Awardeein noncompliance with this Agreement.TheCountymay require the Awardeeto forfeit itsclaimtopaymentrequestsortheCountymay invoke the termination provision inthisAgreementby giving five (5)days written noticeof such action to be taken. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilizedto fulfill thetermsand conditions ofthis Agreement,Miami-Dade County Resolution No.1634-93 will applytothis Agreement.This resolution requirestheAwardees tofilequarterlyreports as totheamountofAgreementmoniesreceivedfromthe County andthe amounts thereof thathavebeen paid bythe Awardee directly to Black,Hispanic and Women-Owned businesses performing partofthecontract work. Additionally,the listed businessesare required to sign the reports,verifying their participation inthecontract work andtheirreceiptofsuch monies.Forpurposes of applicability,the requirements ofthis resolution shall bein addition toanyother reportingrequirementsrequiredbylaw,ordinance oradministrativeorder. Unspecified Site(s)Objective -IftheAwardeehasnotyet identified a location to carryoutanyoftheactivities described in Attachment A,theAwardeeshall Page5 submit,in triplicate,Progress Reports,using the form attached hereto as part of Attachment C,on a monthly basis until such time as the Awardee complies with the provisions contained within Section II,Paragraph F.4.of this Agreement Copies of the above described Progress Report shall be received by PHCD no later than the tenth (10th)day of each month and shall address the progress undertaken by the Awardee during the previous month.This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section II,Paragraph F.2.a and Paragraph F.3. 3.Annual Report (Fourth Quarter Progress Report)and Final Report -Th*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 no later 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 CDBG National Objective.For Activities where the National Objective is job creation,the Final Progress Report shall include documentation sufficient to prove to U.S.HUD that Awardee met the National Objective Awardee shall report all Program Income earned during the year and shall pay to the County all Program Income earned unless directed expressly,in writing,to otherwise bv the County.J 4-Environmental Review -The Awardee immediately upon locating or determining a site for each of the "Unspecified Site"activities to be carried out pursuant to this Agreement,shall submit information detailing the location of each site for which a Site Environmental Conditions Statement will be prepared.The Environmental Review is to be prepared on information contained in Attachment D,"Information for Environmental Review Form." Notwithstanding any provision ofthisAgreement,the parties hereto agree and acknowledge thatthis Agreement doesnot constitute a commitment of funds orsite approval,and that such commitment of funds or approval mav occur only upon satisfactory completion of environmental review and receipt bvthe County ofareleaseoffunds from the U.S.Department of Housing and Urban Development under24 CFR Part 58.The parties further agreethatthe provision of anv funds tothe project is conditioned onthe County's determination to proceed with,modify or cancel the project basedonthe results of a subseouent environmental review. 5.Audit Report -The Awardee shall submit to PHCD an annual audit report in triplicate as required by Section II,Paragraph Lof this Agreement,asset forth below.The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non compliance issues stated in the audit,and a written statement from the Auditor thatthe audit complies with all applicable provisions of24 CFR Part 84.26,Part 85.26 and OMB A- 133. 6-Personnel Policies and Administrative Procedures -The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure,property management and procurement policies and procedures,personnel management, accounting policies and procedures,etc.Such information shall be submitted to PHCD within 30daysofthe execution ofthis Agreement. 7-Inventory Report -The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified inSection II,Paragraph Wofthis Agreement. 8-Affirmative Action Plan -The Awardee shall report to PHCD information relative tothe equality of employment opportunities whenever so requested by PHCD. 9-Disclosure of Related or Affiliated Parties -At the time ofcontract execution,or at any other time atthe request ofthe County,Awardee shall disclose tothe County all Related or Affiliated Parties.Related or Affiliated Parties shall mean persons,corporations, partnerships,or other business entities (a)which have a direct or indirect ownership interest in Awardee,(b)which havea parent or principal thereof which hasa direct or indirect ownership interest in Awardee,(c)whose members appointed by Awardee,or (d) Page 6 whichtheCounty deems initssolediscretiontobeaRelatedorAffiliatedPartyof Awardee.The Awardee shallreportthisinformationtotheCountyuponformingthe relationship or,if already formed,shallreportit immediately.Any supplemental information shallbe reported quarterly in the required Progress Report.This provision shall be construed broadlyto the benefit oftheCounty.Non-compliance with these requirements will be considered a default,which may result in the immediate termination of the agreement,therecoveryoftheentirefundingaward,andthe disqualification of funding through PHCDfora period of three years. 10.Reporting on financial Status.Bankruptcy.Real Property,or Personal Property -Awardee shallnotifytheCountyin writing withinten(10)daysoftheoccurrenceofanyofthe following as to Awardee or any Related.or AffiliatedParties: a.Anyanticipatedorpendinglis pendens,foreclosureaction,arrearage,default, late payment regardinganypropertyof Awardee orRelatedorAffiliatedParties, includingpropertiesnotrelatedtothis Agreement.Awardeeshallalsoprovidethe Countywithacopyofallcourt filings,noticesofdefault,arrearageorlate payment,or any other documents relevant tothe disclosures required herein. b.Any legal encumbranceonthe Property not permitted in writing bytheCounty. c.Anydefaultorarrearageonanyloan,Noteorotherdebtorobligationforwhich the Propertyis security. d.Any anticipated orpendingbankruptcy,restructuring,dissolution,reorganization, appointment of a trustee or receiver. e.Any action,activity,facts,orcircumstancesthat would materially impair performancebyAwardeeofallthetermsandconditionsofthis Agreement. Failuretocomplywith these reporting requirements shall constitute adefaultandshall entitletheCountyto seek anyand all remediesavailableat law,equityandpursuanttothis Agreement. G.Lobbying Prohibition 1.The Awardee shall certify thatno federal appropriated funds havebeen paid or will be paid, byoronbehalfofthe undersigned,toanyperson for influencing or attempting to influence an officer or employee ofany agency,a Member of Congress,an officer or employee of Congress,oran employee ofa Member of Congress in connection with the awarding of any federal Agreement,the making ofany federal grant,the making ofany federal loan,the entering into ofany cooperative Agreement,andtheextension,continuation,renewal, amendment,or modification ofany federal Agreement,grant,loan,or cooperative Agreement. 2.The Awardee shall disclose to PHCD ifany funds other than federal appropriated funds havebeen paid or will be paid toany person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,oranemployeeofaMemberofCongressinconnectionwiththis federal Agreement,grant,loan,or cooperative Agreement,ona Standard Form-LLL,"Disclosure FormtoReportLobbying,"in accordance withitsinstructions. 3.The Awardee shall ensure that the language in this Section II,Paragraph G.1.and G.2 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants,and Agreements under grants,loans,and cooperative Agreements)and to ensurethat all subrecipients shall certify anddisclose accordingly inconnection with this activity. H.Federal,State,and County Lawsand Regulations Rules,Regulationsand Licensing Requirements Page 7 1.The Awardee shall comply with all laws,ordinances and regulations applicable to the services contemplated herein,especially those applicable to conflict of interest and collusion.Awardees are presumed to be familiar with all Federal,State and local laws, ordinances,codes,rules and regulations that may in any way affect the goods or services offered,especially Executive Order No.11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No.11375,as supplemented by the Department of Labor Regulations (41 CFR,Part 60),the Americans with Disabilities Actof 1990 and implementing regulations,the Rehabilitation Act of 1973,as amended,Chapter 553 of Florida Statutes and any and all other local,State and Federal directives,ordinances,rules, orders,and laws relating to people with disabilities.The Awardee will also comply with OMB A-122,OMB A-110,OMB A-21,OMB A-133,and with the applicable procedures specifiedin PHCD's Policies and Procedures Manual found at http://www.miamidade.gov/housing/community-development-asp which are incorporated herein by reference,receipt ofwhich is hereby acknowledged,and as they may be revised. 2'The Awardee agrees to abide by Chapter ll-A,Code of Miami-Dade County ("County Code"),as amended,applicable to non-discrimination in employment,housing and public accommodation,and in accordane with 24 CFR 570.607. 3.Awardee shall comply with,and cause all subcontracts to require compliance with,Florida Statutes,the Miami-Dade County Code of Ordinances,and all applicable building codes, including the Miami-Dade County Building Code and any applicable municipal building code.Failure of Awardee or any subcontractor of Awardee toso comply with these requirements,which includes but is not limited to engaging in construction or repairs without proper building permits or unlicensed professionals engaging in work which requires a license,shall cause this Agreement tobe voidable bythe County atthe County's absolute andsole discretion.In theeventthe County voidsthis Agreement for failure to comply with the requirements of this section,Awardee shall forfeit any right to payment pursuant tothis Agreement,regardlessof when Awardee's or the subcontractor's noncompliance becomes knowntotheCounty. 4.The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973,as amended, which prohibits discrimination onthebasisof handicap and requires a minimum numberof units tobe accessible to persons with disabilities;Title VI ofthe Civil Rights Actof 1964,as amended,which prohibits discrimination onthe basis of race,color,or national origin;the Age Discrimination Actof 1975,asamended,which prohibits discrimination onthebasisof age;Title VIII of the Civil RightsActof1968,as amended,andExecutiveOrder11063 which prohibits discrimination in housing onthebasisof race,color,religion,sex,or national origin;Executive Order 11246,as amended which requires equal employment opportunity;and with the Energy Policy,amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency.The Awardee also agrees tocomplywiththeDomesticViolenceLeavecodifiedas 11A-60 et seq.ofthe Miami-Dade County Code,which requires an employer,who in the regular course of business has fifty (50)or more employees working in Miami-Dade County for each working day during eachof twenty (20)or more calendar work weeksto provide domestic violence leave toits employees.Failure to comply with this local law may be groundsforvoidingor terminating thisAgreementorfor commencement ofdebarment proceedings against the Awardee. 5.Iftheamountpayabletothe 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.7401,1857 h),as amended;theFederalWater Pollution Control Act(33U.S.C.1251),asamended;Section 508ofthe Clean WaterAct (33 U.S.C.1368);Environmental Protection Agency regulations (40CFRPart15,50);and Executive Order 11738. 6.Assurance of Compliance with Section 504 of the Rehabilitation Act -The Awardee shall reportits compliance with Section 504ofthe Rehabilitation Actwheneversorequestedby PHCD within thetermofthisAgreementorthe Affordabiiity Period. 7.Americans withDisabilitiesAct (ADA)of 1990 -TheAwardeeshallattestto;andsubmitthe required Disability Non-discrimination Affidavit assuring compliance with all applicable requirementsofthelaws listed below including butnot limited to,those provisions pertaining toemployment,provisions and program services,transportation, communications,access tofacilities,renovations,and new construction. Page 8 8.Affirmative Action/Non-Discrimination of Employment.Promotion,and Procurement Practices (Ordinance #98-30)-Allfirmswith annual gross revenues in excess of $5 million, seeking to contract withMiami-Dade County shall,as acondition of award,have awritten AffirmativeActionPlanand Procurement Policyonfilewiththe County's Regulatoryand Economic Resources Department.Saidfirms must alsosubmit,as apart of their proposals/bids to be filedwith the Clerk of the Board,an appropriately completed and signed AffirmativeAction Plan/Procurement PolicyAffidavit.Firms whose Boards of Directorsare representative of the population make-up of the nationare exempt fromthis requirement and must submit,inwriting,a detailed listing of their Boards ofDirectors, showing theraceorethnicity of each board member,tothe County's Regulatoryand Economic Resources Department.Firmsclaiming exemption must submit,as apart of their proposals/bids tobefiledwith the Clerkof the Board,anappropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30.These submittals shall be subject to periodic reviews to assure that the entities donot discriminate intheir employment and procurement practices against minorities and women-owned businesses. It willbetheresponsibilityof each firm toprovideverificationoftheir gross annual revenues to determine the requirement for compliance with the Ordinance.Those firms that donot exceed $5 million annualgross revenues mustclearly state sointheirbid/proposal. Any bidder/respondent which does notprovideanaffirmativeactionplanandprocurement policy maynotberecommendedbytheCounty Mayor for award bythe Board ofCounty Commissioners. 9.DomesticViolenceLeave Affidavit -Prior toenteringintoanycontractwiththeCounty,a firm desiring todobusinesswiththeCountyshall,asa condition ofaward,certify thatitis in compliance with the Domestic Leave Ordinance,99-5 and Section 11A-60 of the Miami- DadeCountyCode.ThisOrdinanceappliesto employers thathave,inthe regular courseof business,fifty (50)ormoreemployees working in Miami DadeCountyforeach working day during eachoftwenty (20)ormore calendar work weeks inthe current or preceding calendaryear.In accordancewithResolution R-185-00,the obligation toprovidedomestic violenceleavetoemployeesshallbea contractual obligation.TheCountyshallnotenter intoacontractwithany firm thathasnotcertifiedits compliance with the DomesticLeave Ordinance.Failure tocomplywiththe requirements ofResolution R-185-00,aswellasthe DomesticLeaveOrdinancemayresultinthecontractbeingdeclaredvoid,thecontract beingterminatedand/orthe firm beingdebarred. 10.CodeofBusinessEthics-In accordancewithSection2-8.1(1)oftheCodeof Miami-Dade County each person or entitiy thatseekstodobusiness 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(1)of the Miami-Dade County Code (Form A-12).Section 2-11.1(d)of Miami-Dade County Codeas amendedby Ordinance 00-1,also requires anycountyemployeeoranymemberofthe employee'simmediate family whohasa controlling financial interest,director indirect,with Miami-Dade County or any person or agency acting for Miami-Dade County from competingorapplying for anysuchcontractasitpertainstothis solicitation,must first requesta conflict of interest opinion from the County's Ethic Commission prior totheiror their immediate family member's entering into any contract or transacting anybusiness through a firm,corporation,partnership or business entity in which the employee orany memberoftheemployee'simmediate family hasa controlling financial interest,director indirect,with Miami-Dade County or any person or agency acting for Miami-Dade County andthatanysuch contract,agreementorbusinessengagemententeredin violation ofthis subsection,as amended,shall render this Agreement voidable.For additional information, pleasecontactthe Ethics Commission hotline at (305)579-9093. 11-Public Entity Crimes -Pursuant to Paragraph 2(a)ofSection 287.133,Florida Statutes,a personor affiliate whohasbeen placed ontheconvictedvendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services toa public entity;may not submit a proposal ona contract with a public entity for the construction or repair ofa public building or public work;may not submit proposals on leasesof real property toa public entity;maynotbe awarded or perform workasa Awardee,supplier,subcontractor,or consultant under a contract with any public entity;and, Page 9 may not transact business with any public entity in excess of thethreshold amount provided in Section 287.017 for Category TWO for a period of thirty-six (36)months from the date of being placed on the convicted vendor list.The Awardee'warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami-Dade County discover that the Awardee's representations regarding the list are false,this Agreement shall beterminated on the discretion of Miami-Dade County.Further,should the Awardee be placed on the list at any time during this Agreement Miami-Dade County shall havetherightto terminate thisagreement 12-Criminal Conviction -Pursuant to Miami-Dade County Ordinance No.94-34,"Any individual who has been convicted ofa felony during the past ten years and any corporation, partnership,joint venture or other legal entity having an officer,director,or executive who has been convicted ofa felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County."Failure of the Awardee to disclose this information as required may lead tothe termination of this agreementby Miami-Dade County. If Awardee,or any owner,subsidiary,or other firm affiliated with or related to the Awardee, is found bythe responsible enforcement agency,the Courts or the County to be in violation ofthe Acts,the County will conduct no further business with Awardee.Any contract entered into based upon a false affidavit,as listed below,and submitted pursuant to this resolution shallbevoidablebythe County: 1.Miami-Dade CountyVendor Affidavit Form 2.Criminal Record Affidavit 3.Public EntityCrimeAffidavit 4.Related-Party Disclosure Information 5.Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 6.Affirmative Action Affidavits 7.Current on all County Contracts,Loans,and Other Obligations Affidavit 8.Financial and Conflicts of Interest Affidavit 9.Collusion Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County,such contract shall be voidable by the County,even ifthe attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts areasfollows: 1.The Americans with Disabilities Actof 1990 (ADA),Pub.L 101 -336,104 Stat327 4£U.S.C,12101-12213 and 47 U.S.C.Section*225 artdlstff including Totte C Employment;Title II,Public Services;Title III,PublicAccommodationsand Services Operated by Private Entities;Title IV,Telecommunications;and Title V, Miscellaneous Provisions. 2.The Rehabilitation Actof 1973,29 U.S.C.Section794; 3.The Federal Transit Act,asamended49 U.S.C.Section 1612; 4.The FairHousingActas amended,42U.S.C.Section 3601-3631. In addition tothe requirements in the Agreement,the Awardee /Department agrees to comply with all the provisions of24 CFR 570.502,24 CFR 570.503,and 24 CFR Part 570, Subpart K (24 CFR 570.600 -570.614),including the following: Public Law 88-352 and Public Law 90-284;affirmatively furthering fair housing;Executive Order 11063. 24 CFR 570.602 Section 109ofthe Housing and Community Development Act. Labor standards (24CFR 570.603;29CFR Part 5). Environmental standards. NationalFloodInsuranceProgram. Uniformed Relocation Act. Employmentandcontracting opportunities. Lead-based paintregulations. Page 10 Eligibility of contractors or sub recipients. Uniform administrativerequirementsandcostprinciples. 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 -Awardeemustperformthe Activities describedhereinina mannerinwhichAwardee meets thenationalobjectiveofbenefitto low- andmoderate-income persons.Awardee shall ensure andmaintain documentation,acceptabletotheCountyinitssoleandabsolute discretion,that conclusively demonstratesthateach activity assistedin whole orinpart with CDBGfundsisanactivitywhichprovidesbenefittolow-and moderate-income persons,as defined intheCDBG Regulations. 2.TheAwardeeshall comply with allapplicable provisions of24CFRPart570and shallcarryouteach activity incompliance with all applicable federallawsand regulations described therein.Ifthe Awardee isa primarily religious entity,it shall comply with all provisions of24CFR570.200 (j). 3.TheAwardee agrees to comply with(a)the Uniform RelocationAssistanceand Real Property Acquisition Policies Actof 1970,as amended (URA),and implementing regulations at49 CFR Part24and24 CFR 570.606(b):(b)the requirements of24 CFR 570.606(c)governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d)ofthe HCD Act;and (c)the requirements in 570.606(d)governing optional relocation policies.(The County may preemept the optional policies).TheAwardeeshall provide relocation assistancetopersons (families,individuals,businesses,non-profit organizations and farms)thatare displaced asa direct resultof acquisition,rehabilitaion, demolition or conversion for a CDBG assisted project.The Awardee also agrees to comply with applicable County ordinances,resolutions and policies concerning the displacement of persons fromtheir residences. 4.Foreach activity or portion of activity describedin Attachment A heretofor which a location has not yet been identified,the Awardee shall obtain,immediately after asiteis identified bytheAwardee,PHCD's writtenenvironmental clearance statement and shall agree in writing to comply with anyand all requirements as may be set forthintheSite Environmental Clearance Statement. 5.The Awardee shall cooperate with PHCD in informing the appropriate CDBG citizen participation structures,including the appropriate area committees,ofthe activities ofthe Awardee in adhering tothe provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures,upon the request ofthe citizen participation officers,PHCD,orthe County. 6.The Awardee shallmakeagood faith effort toaddressthe concerns ofthe residents ofthe affected area.The Awardee shall cooperate with PHCD in informing the appropriate CDBG citizen participation structures,including the appropriate area committees,ofthe activities ofthe Awardee in adhering to the provisions ofthis Agreement.Representatives ofthe Awardee shall attend meetings ofthe appropriate committees and citizen participation structures,upon the request ofthe citizen participation officers,PHCD,orthe 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 Division of PHCD prior to relocating,evacuating,and/or dispersing any and all legal occupants who reside at this property on the basis ofa long or short term lease.When the legality ofan occupant (individual,family,business,and/or industry)is in question,the Awardee shall contact the above mentioned unit prior to making a determination.Awardees receiving CDBG fundsshalladhereto24 Page 11 CFR part 50and/or part 58andtotherulesand regulations ofthe Uniform RelocationAssistanceand Real Property Acquisition Actof1970,as amended.The Awardeeshalladopt Affirmative Marketing Proceduresand requirementsfor CDBG assistedprojects.These procedures must consistof actions toprovide information and attract eligible persons from all racial,ethnic andgender groups tothe available services.The Awardee shall annually assess its affirmative marketing program to determine ifthe procedures usedto comply with the requirements specified inPublicLaw 88-352 andPublicLaw 90-284 successfully meet these requirements.The Awardee shall submit toPHCDits Affirmative Marketing Plan no later than60days from thedatethisAgreementis executed. 8.For Housing,Rehabilitation,and Construction activitiesall conditions inthis section will apply throughout the regulatory period identified inthe national objective.Throughout that period,theAwardee will be required tosubmitan annualreport regarding their compliance withthe national objective,and PHCD will have the righttomonitortheactivity. 9.The Awardee shallcomplywithallapplicableuniformadministrative requirements as described in 24 CFR 570.502 10.TheAwardee acknowledges thattheCounty will perform an underwriting and project analysisto determine the financing gapor rate of return gap,project feasibility,andthe reasonableness ofcostsand Awardee's or owner's equity return.Awardee agreestodefertothe County's analysis.Awardee shallhavethe opportunity to renegotiate thisAgreementby modifying theActivitytoimprovethe Activity totheCounty's satisfaction ortoterminatethisAgreement with each party payingitsown costs andfees(asapplicable). I.Conflictswith Applicable Laws If any provision ofthisAgreement conflicts with any applicable lawor regulation including butnot limited to,24CFR570,onlythe conflicting provision shallbedeemedbythepartiesheretotobe modified tobeconsistentwiththelawor regulation ortobedeletedif modification is impossible. However,the obligations underthis Agreement,as modified,shallcontinueandallother provisions ofthis Agreement shallremainin full force andeffect.TheCounty'sdeterminationonwhethera provisionconflictsshallbe final andbinding. J.Board of Directors IftheAwardeeisaCommunityDevelopment Corporation (CDC),PHCD shall have the option to appointarepresentativeto the Awardee'sboardofdirectors.This representative shallnotbe considered inthecountingofaquorumandshallhavenovotingprivileges. K.Construction If the Awardee engages in,procures,or makes loans for construction work,the Awardee shall: 1.Contact thePHCDrepresentativenotedinSectionIV,ParagraphM of thisAgreement, priortotaking any action,to schedule a meeting to receive compliance information. 2.Comply withthe Awardee's procurementand pre-award requirements andprocedures which,ataminimum,shall adhere toallapplicablefederal standards. 3.Comply withthe Davis-Bacon Act;CopelandAnti-KickBackAct(18U.S.C.874etseq.); Contract WorkHoursand Safety Standards Act(40 U.S.C.327Et Seq.);and Lead-Based PaintPoisoning Prevention Actas amended on September 15,1999;and otherrelated acts,as applicable. 4.Submit toPHCDfor written approvalall proposed Solicitation Notices,InvitationsforBids, and Requests for Proposals priortopublication. Page 12 5.Submit toPHCDall construction plans and specifications and receive PHCD's approval prior to implementation. 6.Contact thePHCD representative notedin Section IV,Paragraph M,priorto scheduling a pre-construction conference.In accordance with industry standards,PHCD willhold ten percent (10%)of the total grant award as a retainer until the construction work is detenmined byPHCD,inits sole discretion,tobe seventy-five percent (75%)completed,At the time that the construction workis determined byPHCDto be seventy-five percent complete,the retainer will be reduced to5%until the workis completed,Completionshall occur when a Certificate of Occupancy is issued. 7.The County shall have the rightto assign Professional Staff and Technical Assistance from the Public Housing and Community Developmentto assist the projectifthe County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement.Such involvement may result ina reduction ofa maximum of5%of the Agreement's award to cover the cost ofthe technical assistance.The Awardee shall cooperate andcomplywith all requests made by such staff. 8.Execute and record,atthe County'srequest,any of the following documents in order to ensure the Property isused as defined and described in Attachment Aofthis Agreement: a.Promissory Note b.Mortgage c.Loan Agreement d.Restrictive Covenant e.Rental Regulatory Agreement f.Collateral Assignment of leases,rents and Contract Rights g.UCC-1 Rider h.Title Insurance Policy Audits and Records 1.Nonprofit organizations that expend $500,000 or more annuallyinfederal awards shall have a single or program specific audit conducted in accordance withOMB A-133. Nonprofit organizationsexpendingfederalawardsof$500,000ormoreunderonlyone federal program may elect to have a program-specific audit performed,in accordance with OMBA-133.Awardees who will bereceiving,orwho have received,federal awards for loansorloan guaranteed programsmayberequiredtoconductauditsofthoseprogramsin accordance withregulationsofthe federal agencies providing those guarantees orloans. 2.Nonprofit organizations that expend less than $500,000 annuallyinfederal awards shall be exempt fromanauditconductedin accordance with OMB A-133,althoughtheirrecords mustbeavailablefor review (e.g.,inspections,evaluations).Suchagenciesthatreceive lessthan$500,000in combined FederalawardsmustsubmittotheCountyannual compilation reportsthatdescribetheirperformance.Toachieve uniformity regardingthe reporting format,such documents must comply with the accounting industry standardsby communicating an independent accountant's (1)expression oflimited assurance on FINANCIAL STATEMENTS asaresultofperforming inquiry andanalyticprocedures (Review Report);(2)resultsofprocedures performed (Agreed-Upon Procedures Report); (3)non-expression ofopinionoranyformof assurance ona presentation intheformof financial statements information thatistherepresentationofmanagement (Compilation Report);or(4)anopiniononan assertion made by management in accordance withthe Statements on Standards forAttestation Engagements (Attestation Report). 3.When the requirements of OMB A-133apply,anauditshallbe conducted for each fiscal yearfor which federal awards attributable tothis Agreement havebeen received bythe Awardee.Each audit shall include afiscalreview,which includes avalidationofall program generated income and its disposition,especially attributable toCDBGfunds,an internal control review,anda compliance review asdescribedin OMB A-133.Acopyofthe auditreportin triplicate must be received by PHCD nolaterthansix months following the end of the Awardee's fiscal year. 4.If anauditisrequiredbyParagraphLofthisAgreement,buttherequirementsof OMB A- 133 donotapplytheAwardeemay choose tohaveanauditperformedeitheronthebasis oftheAwardee'sfiscalyearoronthebasisoftheperiod during which PHCD-federal Page 13 assistance has been received.Ineither case,eachauditshall cover atimeperiod of not more than twelve (12)months andanauditshall be submitted covering each assisted perioduntilall the assistance received fromthis Agreement has been reportedon.Each audit shall adhere toall other audit standards of OMB A-133,as these may be limitedto coveronly those services undertaken pursuanttothe terms ofthis Agreement.A copy of theauditreportin triplicate must bereceivedby PHCD nolaterthan six months following each audit period. 5.TheAwardeeshallmaintainallContractRecordsinaccordancewithgenerally accepted accountingprinciples,procedures,andpracticeswhichshallsufficientlyand properly reflect all revenues and expenditures offundsprovideddirectlyorindirectlyby the County pursuant to the terms of this Agreement. 6.The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services"outlinedin Attachment Ainthis Agreement,in accordance with 24 CFR 570.506;570.503.. 7.The Awardee shall ensure that the Contract Records shall be atall times subject toand availableforfull access andreview,inspection,orauditby County andfederal personnel and any other personnel duly authorized by the County. 8.The Awardee shall include in all PHCD approved subcontracts used to engage subcontractors tocarry out any eligible substantive programmatic services,as such services are described inthis Agreement and defined byPHCD,each of the record-keeping and audit requirements detailed inthis Agreement PHCDshall,inits sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above. 9.The County reserves the rightto require the Awardee to submit toanauditby Audit and Management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access toallofits records,which relate directlyor indirectly to this Agreement atits place of business during regular business hours.The Awardee shall retainail records pertaining to this Agreement and upon request make them available to the County forfour years followingexpiration of the Agreement.The Awardee agrees to provide such assistance as may be necessary tofacilitate the review orauditby the County to ensure compliance with applicable accounting and financial standards. 10.The Awardee shall ensure that its auditors share their audit results with and must submit the audit report toPHCDwithinsix months after the conclusion of the auditperiod. 11.Pursuant to County Ordinance No.03-2,the Awardee willgrant access to the Commission Auditor toailfinancial and performance related records,property,and equipment purchased in whole orinpartwith government funds.The Awardee agrees tomaintainan accounting system that provides accounting records thatare supported with adequate documentation,and adequate procedures for determining the allowabilityandallocability of costs. M..Protected Records and Documents Any person orentity that performs or assists Miami-Dade County withafunctionoractivityinvolving the use or disclosure of "IndividuallyIdentifiableHealthInformation (IIHI)and/or Protected Health Information (PHI)shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami-Dade County Privacy Standards Administrative Order.HIPAA mandates privacy,security and electronic transfer standards including but notlimitedto: 1.Use of informationonlyforperforming services requiredby the Agreement oras required by law; 2.Use of appropriate safeguards to prevent non-permitted disclosures; 3.ReportingtoMiami-DadeCountyofanynon-permitted use ordisclosure; 4.Assurances that any agents and subcontractors agree to the same restrictions and conditions that applyto the Contractor and reasonable assurances that IIHI/PHI will be held confidential; Page 14 5.Making Protected Health Information (PHI)available to the customer; 6.Making PHI available to the customer for review and amendment,and incorporating any amendments requested by the customer, 7.MakingPHI available to Miami-Dade County foran accounting of disclosures;and 8.Making internal practices,books and records related toPHI available to Miami- Dade County for compliance audits. PHI shallmaintainitsprotected status regardless of theformand method of transmission (paper records,and/or electronic transfer ofdata).The Contractor must give its customers written notice of itsprivacyinformation practices includingspecifically,a description of the types of uses and disclosures that would be made with protected health information. N.Retention of Records 1.The Awardee shallretainallContract Records foraperiodofatleast seven (7)years following the final Close-Out of the Activity/Project(hereinafterreferredtoas "Retention Period")subjecttothe limitations set forth below.The final Close-Outofthe Activity/Project is the date when PHCD provides written notificationo of such.Under no circumstances shall Awardee dispose ofanyContractRecordspriorto Awardee providingtheCountysufficient documentation to show thattheHOME Regulations werefully complied within Awardee's performance ofits obligations under this Agreement and has received confirmation from PHCD thatthe Activity/Project hasbeen finally Closed-OutintheU.S.HUD IDIS system. Upon Awardee's request inwritingfor confirmation of said final Close-Out,PHCDshall provide Awardee inwriting either confirmation of final Close-Out oralist of documentation required in order to proceed toward final Close-Out. 2.IftheCountyortheAwardeehavereceivedorgivennoticeofany kind indicating any threatenedorpending litigation,claimorauditarisingoutoftheservices provided pursuant to the terms of this Agreement,the Retention Periodshall be extended until such time as the threatened or pending litigation,claimorauditis,in the sole and absolute discretionof PHCD,fully,completely andfinally resolved. 3.TheAwardee shall allow the County,federal personnel,oranyperson authorized bythe County full accesstoandthe right toexamineanyoftheAgreement records during the required Retention Period. 4.TheAwardee shall notify PHCD in writing,both during thependencyofthisAgreementand afterits expiration aspartofthe final closeoutprocedure,oftheaddresswhere all Agreement records will be retained. 5.TheAwardee shall obtain written approval of PHCD prior to disposing ofany Agreement recordswithin one yearafterexpirationof the Retention Period. O.Provisionof Records and Proprietary RightsandInformation 1.TheAwardeeshall provide to PHCD,uponrequest,all Agreement records.These records shall become thepropertyof PHCD without restriction,reservation,or limitation oftheir use.PHCD shall have unlimited rights to all books,articles,or other copyrightable materials developed for the purpose ofthisAgreement.These unlimited rights shall include the rights to royalty-fees;nonexclusive,and irrevocable licenseto reproduce,publish,or otherwise use,andto authorize otherstouse,the information for public purposes. 2.If the Awardee receives funds from,oris under regulatory control of,other governmental agencies,andthoseagenciesissue monitoring reports,regulatory examinations,orother similar reports,the Awardee shall provide acopyofeach report and any follow-up communicationsandreportsto PHCD immediately uponsuch issuance unless such disclosure isa violation ofthe rules or policies ofthe regulatory agencies issuing the reports. 3.ProprietaryInformation Page 15 Asa political subdivision of the State of Florida,Miami-Dade County is subject to the stipulations of Florida's Public Records Law. The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary information from disclosure or unauthorized use and mayalso constitute or contain information or materials which the County has developed atits own expense,the disclosure of which could harm the County's proprietary interest therein. During the term ofthe Agreement,the Awardee will not use directly or indirectly for itself or for others,or publish or disclose to any third party,or remove from the County's property, any computer programs,data compilations,or other software which the County has developed,hasusedoris using,is holding for use,or which areotherwiseinthe possession ofthe County (hereinafter "Computer Software").All third-party license agreements must also be honored bythe Awardees and their employees,exceptas authorized bythe County and,ifthe Computer Software has been leased or purchased by the County,all hired party license agreements must also be honored bythe Awardees' employees with the approval ofthe lessor or Awardees thereof.This includes mainframe, minis,telecommunications,personal computers and any and all infomnation technology software. TheAwardee will report totheCountyany information discovered orwhichisdisclosedto the Awardeewhichmayrelatetothe improper use,publication,disclosure or removal from theCounty's property ofany information technologysoftwareandhardwareand will take suchstepsasare within the Awardee's authority to prevent improper use,disclosure or removal. ProprietaryRights a)The Awardee hereby acknowledges and agrees that the County retains all rights,title and interests inandto all materials,data,documentation andcopiesthereof furnished bythe County tothe Awardee hereunder or furnished bythe Awardee tothe County and/orcreatedbytheAwardee for delivery tothe County,evenifunfinishedorin process,as aresultofthe Services the Awardee performsin connection withthis Agreement,including all copyright andother proprietary rights therein,whichthe Awardee as well asitsemployees,agents,subcontractors and suppliers mayuseonly in connection ofthe performance ofServicesunderthisAgreement.TheAwardee shallnot,withoutthe prior written consentoftheCounty,usesuchdocumentationon anyotherprojectinwhichtheAwardeeorits employees,agents,subcontractorsor suppliers areormaybecomeengaged.Submissionor distribution bytheAwardeeto meet official regulatoryrequirementsorforotherpurposesinconnectionwiththe performance ofServicesunderthisAgreementshallnotbeconstruedas publication in derogationoftheCounty'scopyrightsorother proprietary rights. b)All rights,titleandinterestinandto certain inventions,ideas,designsandmethods, specifications andother documentation relatedtheretodevelopedbytheAwardeeand its subcontractors specifically for the County,hereinafter referred toas "Developed Works"shall become thepropertyoftheCounty. c)Accordingly,neithertheAwardeenorits employees,agents,subcontractorsor suppliers shall haveany proprietary interest insuch Developed Works.The Developed Worksmaynotbe utilized,reproduced or distributed byoronbehalfoftheAwardee,or anyemployee,agent,subcontractor orsupplierthereof,without the prior written consent oftheCounty,except asrequiredforthe Awardee's performancehereunder. d)Except as otherwise providedin subsections a,b,andcabove,or elsewhere herein, theAwardeeandits subcontractors andsuppliershereunder shall retain all proprietary rightsinandtoallLicensedSoftwareprovidedhereunder,that have not been customized tosatisfytheperformance criteria set forth inthe Scope ofServices. Notwithstanding the foregoing,theAwardeeherebygrants,andshallrequirethatits subcontractorsandsuppliersgrant,iftheCountysodesires,aperpetual,irrevocable and unrestricted right andlicensetouse,duplicate,discloseand/orpermitanyother person(s)or entity(ies)to use all such Licensed Software and the associated specifications,technicaldataandotherDocumentationforthe operations ofthe Page 16 County or entities controlling,controlledby,under common controlwith,or affiliated with the County,or organizations which may hereafter be formed by or become affiliatedwith the County.Such license specifically includes,but isnotlimitedto,the rightof the County to use and/or disclose,in whole orinpart,the technical documentation and Licensed Software,including source code provided hereunder,to any person or entity outside the County for such person's or entity's use infurnishing any and/or allof the Deliverables provided hereunder exclusively for the County or entities controlling,controlled by,under common control with,oraffiliatedwiththe County,or organizations which may hereafter be formed byor become affiliated with the County.No such License Software,specifications,data,documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be voidand of no effect P.Audits and Inspectors General Nothingin this Agreement shallimpairany independent rightof the County to conduct audit or investigate activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Awardee orthird parties.The provisions in this section shall apply to the Awardee,its officers,agents,employees,subcontractors,suppliers and Related or Affiliated Parties.The Awardee shall incorporate the provisions in this section inall subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami-Dade County Inspectors General Review According to Section 2-1076 of the Code ofMiami-Dade County,as amended,Miami-Dade County has established the Office of the Inspector General which may,ona random basis,perform audits onall County contracts,throughout the duration of said contracts,except as otherwise provided below.The cost of the audit of any Contract shall be one quarter (1/4)of one (1)percent of the total contract amount which cost shall be included in the total proposed amount.The audit cost willbe deducted by the County from progress payments to the selected Awardee.The audit cost shall also be included inall change orders andall contract renewals and extensions. Exception:The above applicationof one quarter(1/4)of one percent fee assessment shallnotapply to the followingcontracts:(a)IPSIG contracts;(b)contracts forlegal services;(c)contracts for financial advisoryservices;(d)auditingcontracts;(e)facility rentalsand lease agreements;(f) concessions andotherrental agreements;(g)insurance contracts;(h)revenue-generating contracts; (I)contracts where anIPSIGisassignedatthetimethecontractisapprovedbytheCommission;(j) professional service agreements under$1,000;(k)management agreements;(I)small purchase orders as defined inMiami-Dade County Administrative Order3-2;(m)federal,state andlocal 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 tothepowersoftheInspectorGeneral.The Miami-Dade CountyInspector Generalisauthorizedand empowered toreviewpast,present andproposedCountycontracts, transactions,accounts,recordsandprograms.In addition,theInspectorGeneralhasthepowerto subpoena witnesses,administeroaths,require the production ofrecordsand monitor existing projectsandprograms.Monitoring ofanexistingprojectorprogrammayincludea report concerning whether theprojectisontime,withinbudgetandin compliance withplans,specificationsand applicable law. Uponten (10)days priorwrittennoticetothe Awardee fromtheInspectorGeneralorIPSIGretained by the InspectorGeneral,theAwardeeshall make all requested recordsand documents availableto theInspectorGeneralor IPSIG forinspectionandcopying.The InspectorGeneraland IPSIG stiall havethe right toinspectandcopy all documentsand records intheAwardee'spossession,custody orcontrolwhich,intheInspectorGeneralorIPSIG'ssolejudgment,pertain toperformanceofthe Agreement,including,butnot limited to original estimate files,worksheets,proposals and Agreements from andwithsuccessfulandunsuccessful subcontractors and suppliers,ail project- related correspondence,memoranda,instructions,financial documents,constructiondocuments, proposaland Agreement documents,back-charge documents,all documents andrecordswhich involve cash,tradeorvolume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records,andsupporting documentation for the aforesaid documents andrecords. Independent Private Sector Inspector General Reviews Page 17 Pursuant to Miami-Dade County Administrative Order 3-20,the Awardee is aware that the County hasthe right to retain the services of an Independent Private Sector inspector General (hereinafter "IPSIG"),whenever the County deems it appropriate to do so.Upon written notice from the County, the Awardee shall make available tothe IPSIG retained bythe County,all requested records and documentation pertaining to this Agreement for inspection and reproduction.The County shall be responsibleforthepaymentof these IPSIG sen/ices,andundernocircumstanceshallthe Awardee's prices and any changes thereto approved bythe County,be inclusive ofany charges relating tothese IPSIG services.The terms of this provision herein,apply tothe Awardee,its officers,agents,employees,subcontractors and assignees.Nothing contained in this provision shall impair any independent right ofthe County to conduct an audit or investigate the operations, activities and performance ofthe Awardee in connection with this Agreement.Thetermsofthis Article shall not impose any liability onthe County bythe Awardee orany third party. Commission Auditor Access to Records Pursuant to Ordinance No.03-2,Awardee shall grant accesstothe Commission Auditor to all financial and performance related records,property,and equipment purchased in whole or in part with government funds,including funds awarded tp Awardee pursuant tothis Agreement. Q.Prior Approval The Awardee shall obtain written approval from PHCD prior to undertaking anyofthe following: 1.Theengagementor execution ofanysubcontracts)orAgreementassignments,wherein CDBGfunds will beusedtopayforgoodsorservices.TheAwardeemustsubmitall proposedagreementdocumentsto PHCD atleast thirty (30)days prior tothestartdateof the agreement.PHCD shall haveno obligation to approve payment ofany expenditure (resulting from an agreement or subcontract)which was incurred prior tothe approval by PHCD of such agreement or subcontract. 2.The addition ofany positions not specifically listedinthe approved budget. 3.The modification or addition of all job descriptions for existing staff. 4.The purchase of all nonexpendable personal property not specifically listed inthe approved budget. 5.The disposition of all real,expendable personal,and nonexpendable personal property as definedinSection II,ParagraphW.1.ofthis Agreement. 6.Out-of-towntravelnot specifically listedintheapprovedbudget. 7.The disposition of Program Income not specifically listed intheapproved Program Income budget. 8.The publication ofproposed Solicitation Notices,Invitations forBidsand Requests for ProposalsasprovidedforinSection II,Paragraph Kofthis Agreement. 9.Thedisposalof all Agreementrecordsas provided for inSection II,Paragraph Nofthis Agreement. 10.In theeventtheAwardeewishestosubstitutepersonnelforthekeypersonnelidentified bytheAwardee's Proposal,theAwardeemust notify theCountyin writing andrequest written approval for the substitution atleastten (10)businessdays prior to effecting such substitution. R.Monitoring TheAwardeeshall permit PHCD andotherpersonsduly authorized by PHCD toinspect all Agreement records,facilities,equipment,materials,andservicesoftheAwardee which areinany way connected totheactivitiesundertakenpursuanttothetermsofthisAgreement,and/orto interviewanyclients,employees,subcontractors,or assignees oftheAwardee.Following such inspectionorinterviews,PHCD will delivertotheAwardeeareportofitsfindings,andtheAwardee will rectifyalldeficienciescitedby PHCD within thespecifiedperiodoftime set forth inthe report,or provfdePHCDwithareasonable justification fornotcorrecting the deficiencies.PHCD will Page 18 determine,initssoleandabsolute discretion,whetherornotthe Awardee's justification is acceptableoriftheAwardeemust,despitethe justification,rectify the deficiencies citedby PHCD in itsreport. Conflict of Interest TheAwardeeagreestoabidebythe provisions of24CFR84.42(24CFR Part 85.36for Public Agencies)and24 CFR 570.611 with respect to conflicts of interest,and covenants thatit presently has no financial interestandshallnotacquireany financial interest,director indirect,whichwould conflict inanymannerordegreewiththe performance ofservices requried under this Agreement. The Awardee further covenantsthatinthe performance ofthis Agreement no person having sucha financial interestshallbe employed orretainedbytheAwardeehereunder.These conflictofinterest provisionsapplytoanypersonwhoisanemployee,agent,consultant,officer,orelected official or appointed official ofthe County,orofany designated public agenciesor subrecipients which are receiving fundsunderthe CDBG Entitlement program.TheAwardee certifies andrepresentsthatno officer,director,employee,agent,orotherconsultantoftheCountyoramemberofthe immediate family or household ofthe aforesaid has directly or indirectly received or been promised any form of benefit,payment or compensation,whether tangible or intangible,in connection with the grant of this Agreement. The Awardee shall abide andbe governed by Miami-Dade County Ordinance No.72-82 (Conflict of Interest Ordinance),as amended,which is incorporated herein by reference asif fully set forth,in connection withits Agreement obligations hereunder. The Awardee shall disclose any possible conflicts of interest or apparent improprieties ofany party that are covered bythe above standards.The Awardee shall make such disclosure in writing to PHCD immediatelyupontheAwardee'sdiscoveryofsuchpossible conflict.PHCD will thenrender anopinionwhichshallbebindingonallparties. The Awardee shall submit to PHCD,within five business days of execution this Agreement,all updated Conflict of Interest affidavits,RelatedParty Disclosure statements,listofcurrent Board members,and list of all business associations with the following documents: >Original Agreementorits subsequent amendments. >Requests for budget revisions. >Requests forapprovalof subcontracts. Non-compliance with the above requirements will be considered a breach of Agreement,which will result in the immediate termination ofthe agreement,the recovery ofthe entire funding award,and the disqualification of funding through PHCD for a period ofthreeyears. a)Awardee certifies and represents that there areno undisclosed persons or entities interested with the Awardee in this Agreement.This Agreement is entered into by the Awardee without any connection with any other entity or person making a proposal for thesamepurpose,and without collusion,fraud orconflictof interest.Noelectedor appointed officer or official,director,employee,agent or other consultant of the County, orof the State of Florida (including elected and appointed members ofthe legislative and executive branches of government),or a member of the immediate family or household ofany of the aforesaid: i)is interested on behalf of or through the Awardee directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement,or in the services, supplies orwork,to which this Agreement relates or in any portion of the revenues;or ii)isanemployee,agent,advisor,or consultant tothe Awardee ortothebestofthe Awardee's knowledge any subcontractor or supplier tothe Awardee. b)Neither the Awardee nor any officer,director,employee,agency,parent,subsidiary,or affiliate oftheAwardee shall havean interest which isin conflict with the Awardee's faithful performance of its obligation under this Agreement;provided that the County,in Page 19 itssole discretion,mayconsentin writing tosucha relationship,provided theAwardee provides the County withawrittennotice,in advance,which identifies all theindividuals and entities involved andsets forth in detail the nature ofthe relationship andwhyitisin theCounty'sbestinteresttoconsenttosuch relationship. c)The provisions ofthis Article are supplemental to,notin lieu of,all applicable laws with respect to conflict of interest.In the event there isa difference between the standards applicableunderthisAgreementandthoseprovidedbystatute,thestricterstandard shallapply. d)intheeventAwardeehasno prior knowledgeofaconflictofinterestasset forth above and acquires information which may indicate that theremaybean actual or apparent violation ofanyoftheabove,Awardee shall promptly bring such information tothe attentionoftheCounty's Project Manager.Awardeeshallthereaftercooperate with the County's review and investigation ofsuch information,and comply with the instructions Awardeereceives from theProject Manager inregardtoremedyingthesituation. T.IntentionallyLeftBlank U.Publicity,Advertisements andSignage ThePartiesagreethattheAwardeeisfundedbytheCountyfor CDBG Activities.Further,the Awardeeagreesthat all events funded bythisAgreement shall recognizetheCountyandthe United StatesDepartmentof Housing and Urban Development (US HUD),as funding sourcesandthatthe Awardeeshallensurethat all publicity,public relations,advertisementsandsignsrecognizethe CountyandUS HUD forthesupportofallcontractedactivities.Thisistoinclude,butisnotlimited to,all postedsigns,pamphlets,wallplaques,cornerstones,dedications,notices,flyers,brochures, newsreleases,mediapackages,promotions,and stationery.Theuseofthe official County logo is permissible.TheAwardeeshallensurethatallmediarepresentatives,when inquiring aboutthe activities fundedbythisAgreement,are informed thattheCountyandUS HUD arethe funding sources.TheAwardeeshallnotifytheCountyof all eventsandactivities involving theProjectten (10)days priorto the activityor event. When the Awardee obtain(s)the building perm'rt(s),the CHMD ProjectManagerattheDepartment, must be notified in order to request the project sign from Miami-DadeCountyGeneral Services Administration (GSA).Within thirty (30)daysofthe erection ofthesign,the CHMD Project Manager will submit aninvoiceto the Awardeefor payment oftheprojectsigncost.The Awardeeis responsibleforallcostsfor replacing anyamended,lost,defacedormissingsign.Thesignshall remainonthepremisesatleastninety(90)daysafterthe issuance ofthe Certificate ofOccupancy (CO)or Certificate of Completion (CC). NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE.THE SIGNSSHALLBE IN ACCORDANCEWITHTHE DETAIL SHOWN IN ATTACHMENT F.Payment forfurnishing,installingandmaintaining the signshallbeunder the bidamountformobilization. V.Procurement TheAwardee must take affirmative steps toprocuresupplies,equipment,construction,orservices to fulfill this Agreement fromminorityand women's businesses,andtoprovide these sources the maximum feasibleopportunityto compete forsubcontractstobeprocuredpursuanttothis Agreement.Tothemaximumextentfeasible,these businesses shallbelocatedinorownedby residentsoftheCommunityDevelopmentareasdesignatedby PHCD intheCDBG application approved by theiupervising federal agency. The Awardee shall assure that all subcontracts orthirdparty agreements contain provisions with Stated goals,that low-income residents from Community Development Targetand Service Areas be provided with opportunities for employment andtrainingin contracted activities. In conformance withSection3oftheHousingandCommunityDevelopmentActof1968,the Awardee must directfederalfinancing assistance towards Target Area residents and ensure that employment and economic opportunities be giventolowand very low-income persons,particularly those who are recipients of government assistance for housing accordingto the guidelines mentioned below: Page 20 1 The work tobe performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.170lu (Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3,shall,tothe greatest extent feasible,be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2.The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3.As evidenced by their execution ofthis Agreement,the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3.The Awardee agrees to send to each labor organization or representative of workers with which the Awardee hasa collective bargaining agreement or other understanding,ifany,a notice advising the labor organization or workers'representative of the Awardee's commitments underthis Section 3clause,and will postcopiesofthe notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s) taking applications for each ofthe positions;and the anticipated date the work shall begin. 4.The Awardee agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5.The Awardee will certify that any vacant employment positions,including training positions, that are filled (1)after the Awardee is selected but before the Agreement is executed,and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities tobe directed,were not filled to circumvent the Awardee's obligations under 24CFRpart 135. 6.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination ofthis Agreement for default,and debarment or suspension from future HUD assisted contracts. 7.With respect to work performed in connection with Section 3 covered Indian housing assistance,section 7(b)ofthe Indian Self-Determination and Education Assistance Act (25 U.S.C.450e)also applies tothe work tobe performed under this Agreement.Section 7(b) requires that tothe greatest extent feasible (i)preference and opportunities for training and employment shall be given to Indians,and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this Agreement that are subject tothe provisions of Section 3 and section 7(b)agree to comply with Section 3tothe maximum extent feasible,but not in derogation ofcompliancewithsection7(b). 8.Fair SubcontractingPolicies(Ordinance97-35) All AwardeesonCounty contracts inwhich subcontractors maybeused shall besubjectto and comply with Ordinance 97-35 as amended,requiring Awardees to provide a detailed statementoftheir policies and procedures for awarding subcontracts which: a)notifies the broadest number of local subcontractors ofthe opportunity tobe awarded a subcontract; b)invites local subcontractors tosubmit bids/proposals ina practical,expedient way; c)provides local subcontractors accessto information necessary to prepare and formulate a subcontracting bid/proposal; d)allows local subcontractors tomeet with appropriate personnel ofthe Awardee to discuss the Awardee's requirements;and e)awards subcontracts basedon full and complete consideration of all submitted proposalsandinaccordancewiththeAwardee'sstatedobjectives. Page 21 All Awardees seeking to contract with the County shall,asa condition of award,provide a statement oftheir subcontracting policies and procedures (see Attachment G).The County will not execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County,in its discretion and authority,that the subcontract will delay,prevent,or otherwise impair the performance ofthe Awardee's obligations under this Agreement. W.Property 1.Definitions a.Property.As defined onpage2herein. b.Real Property:Land,land improvements,structures,fixtures and appurtenances thereto,excluding movable machinery and equipment. c.Personal Property:Personal property ofany kind except real property. 1)Tangible:All personal property having physical existence. 2)Intangible:All personal property having no physical existencesuchas patents,inventions,and copyrights. d Nonexpendable Personal Property:Tangible personal property of a nonconsumable nature,with a value of $750 or more per item,with a normal expected life of one or more years,not fixed in place,and not an integral part of a structure,facility oranotherpieceofequipment. e.Expendable Personal Property:All tangible personal property other than nonexpendable property. 2.The Awardee shall comply with the real property requirements as stated below: Any real property under the Awardee's control that was acquired or improved by Awardee or PHCD in whole or in part with CDBG funds received from PHCD in excess of $25,000 shall be either. 1)Used to meet one of the three (3)CDBG national objectives until five (5) years after the expiration or termination of this Agreement,or for such longer period of time as determined by PHCD in its sole and absolute discretion;or 2)Not used to meet one of the three (3)CDBG National Objectives.In the event the property is not used to meet one of the national objectives for five (5)years following the expiration or termination of this Agreement or such longer period as determined by PHCD,the Awardee shall,in the sole discretion of PHCD,either pay to PHCD an amount equal tothe market value of the property as may be determined by PHCD in its sole and absolute discretion,less any proportionate portion ofthe value attributable to expenditures of non-CDBG funds for acquisition of,or improvement to,the property or transfer the property to PHCD at no cost to PHCD.Reimbursement is not required after the penod of time specified in Paragraph W.2.a.1.f above. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from PHCD for $25,000 or less shall be disposed of,at the expiration or termination of this Agreement,in accordance with instructions from PHCD. All real property purchased or improved in whole or in part with funds from this and previous Agreements with PHCD,or transferred to the Awardee after being purchased in whole or in part with funds from PHCD,shall be listed in the property records of the Awardee and shall include a legal description;size;date of a. c. Page 22 met. CDBG iward Sh PHCD within 180 days after the execution of th.s agreementFaTu^rclpry with this requirement may result in the retraction of the CDBG award for the project and termination ofthis agreement. Paragraph W.2.C.,above. Awardee fails tomeeta national objective. 3 Inventory -Capital Equipment and Real Property the County immediately upon acquiring any caprtal rtems wrth funds allocated Agreement Tho r™.ntv shall allow the Awardee to retain possession of capital equipment after required in order for the County to claim and take possesion of caprtal equ.pment. 4.The Awardee shall comply with the nonexpendable personal property requirements as stated below: All nonexpendable personal property purchased °r improved **^*P*with funds from this and previous Agreements with PHCD shall be hstecI in meJLyrecordsoftheAwardeeandshallincludeadescnptionofthepropeJr.k,S;model number manufacturer's serial number;fteflfwrton.'Ending source-unit cost at the time of acquisition;present market value,properlyfnveSrynumber,information on its condition;and information on transfer, replacement,or disposition ofthe property. b All nonexpendable personal property purchased or improved in whole or in partb-Sh funds f^m this'and previous Agreements with PHOT***™g"£annually by the Awardee and an inventory report shall be subrnrttedI to PHCD.The inventory report shall include the elements listed in Paragraph W.3.a.,above. c Title (ownership)to all nonexpendable personal property purchased in whole or inpartwithfundsgiventotheAwardeepursuanttothetermsofthisAgreementshall vest intheCountyand PHCD. Page 23 5 The Awardee shall obtain prior written approval from PHCD for the disposition of realproper^Extendable personal property,and nonexpendable personal property purchasedoMmpravXwholeoYinpartwithfundsgiventotheAwardeeorsubcontracto,•pursuanttothetermsofthisAgreement.The Awardee shall d,spose of all such proper^in accordance with instructions from PHCD.Those instructions may require the retum of all suchpropertyto PHCD. X.Program Income 1 Proaram Income as defined in 24 CFR Part 570.500 (a)means gross income received by•tte AwTrde?Sy generated from activities supported by CDBG funds.When ProgramIncomTSgeneratedbyanactivitythatisonlypartiallyassistedwithCDBGfunds,the income shall be prorated to reflect the percentage of CDBG funds used. 2.The Awardee shall not,under any circumstances,use Program Income to pa'te*™9*or Expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules,or any County rules or ordinance. a The Awardee shall comply with the Program Income provisions in PHCD's Poiiries and Procedures Manual.If any Program Income prov.s.ons of the Policies and Procures Manual conflict with any Program Income prov.s.ons of this Agreement,the provisions of this Agreement shall rule. b The Awardee shall report to PHCD all cumulative Program Income gyrated fromactivitiesfinancedinwholeorinpartbyfundsfromth.s Agreement for asJong,asitreceivesand/or has control over Program Income generatedI from^andany previous Agreements with PHCD.The Awarded must s^m^nec.info,^fg"f°Slf ^naJ^i Prnnram Income -P"P.n nuarterlv hs nart of the Fiscal Section of ihTAwarriee's Progress Report as outlined in Section II Paragraph F.2.a. Tha r.n,.nh>mav exorp^'y "ermit Awar^e to use Program Income in the Scope ^t^?"JU nermissioP '*not »vnreSSlv set forth in the Scope of Serv,ces,^rS.JIm.,fit request passion from the County to use Program IncomegffifffeSu.xl rJL mav „**o.e discretion grant such perm^ h„t widi oermM™"™nwui«»th»aporoval nf tnR Roard °f C°"ntY Commissioners. c If the Awardee requests,to use Program Income,the Awardee jshall provide to PHCDVwrftten explanation of the activities to be assisted with Program IncomeandshallTbtainPHCD's written approval prior to implementing those activities.AH provision?of this Agreement shall apply to any activity performed using Program Income. d Should Awardee be granted permission to use Program Income Awardee's use ofProgramhcomeshallbesubjecttothelimitationssetforthinhisAgreementandassetforttHntheCDBGregulations.24 CFR Part 570 .504(c)et.seq^Awardeeack^owTedges hat the CDBG Regulations require that Awardee spend Program?n£me before further CDBG funds are drawn down.Therefore,in the event ttiaheCountypermitsAwardeetouseProgramIncome,Awardee agrees thatAwardeeshallexpendtheProgramIncomefundspriortoseekingpaymentofCDBGfondsfrStheCountyTwentypercent(20%)of the Program IncomeSdeemikesretainsorreceivesshallbepaidtotheCountyonaquarterlybSsSdreportedTAwardee's quarterly Progress Report At:ih«>eondu»-otSTSHdtperiodoruponterminationofthisContract,*£*•sha»immediately pay/return all Contract funds and Program Income to the County. Should Awardee be granted permission to use Program Income from a revolvingfoanacSProgramIncomemustbeusedonlyforthesamerevolvmgloan activity Should Awardee be granted permission to use Program Income,Program IncomelowaravSvinloan^ivitysuch as loan repayments,interest earned,late fees.Sin^sfrnent noome.shall be substantially disbursed to eligible loans,loan-Stol^roSmSc costs,and operational costs for the same revolving loan255beforemeAwardeemayrequestadditionalCDBGfundsforthatactivity. Page 24 Y.Travel g.Should Awardee be granted permission touse Program Income,all Program Income from activities other than a revolving loanactivityshall be substantially disbursedtocarryoutother PHCD-approved CDBGeligibleactivities,andto cover operationalcostsbeforerequestingadditionalCDBGfunds. h.Anyproceeds from thesaleof property asdetailedinSection II,Paragraph W.4., above,shall be considered Program Income. i.The Awardee shallobtain,aspartof the requiredauditreport,validationbya certifiedauditorofallProgramIncomeanditsdisposition. Upon expiration or termination ofthisAgreementorattheendofany program year,the Awardee shalltransfertotheCountyanyProgramIncomefundsonhand,andany Program IncomeaccountsreceivabletoanyCDBGfunded activities.PHCD mayrequire remittanceofallorpartofanyProgramIncome balances (including investments thereof). PHCD,inits sole and absolute discretion,reserves the rightto pursue other courses of actionin the retentionand use ofProgramIncome generated by the Awardee,and such action shall not requirean amendment tothis Agreement. The Awardee shall comply withtheCounty'stravelpolicies.Documentationoftravel expenses shall conformtothe requirements of PHCD's Policies and Procedures Manual. Z.Subcontracts and Assignments 1.Unless otherwise specified inthis Agreement,the Awardee shallnot subcontract any portion oftheworkwithoutthe prior written consent oftheCounty.Subcontractingwithout the prior consent oftheCountymayresultinterminationofthe Agreement forbreach. When Subcontracting isallowed,the Awardee shall comply with County Resolution No. 1634-93,Section 10-34 oftheCountyCodeand Section 2-8.8oftheCountyCode. The Awardee shall ensure that all subcontracts and assignments: a.Ensure that no contractor,subcontractor or assignee is listed on the U.S.HUD's -debarred,suspended,or...ineligible contractors,list;Awardee shalL use,ata minimum,USHUD's Excluded PartiesList System toconfirm clearance of contractors.The system may be accessed at https://www.sam.gov Awardee shallprovidetoPHCDa copy of the site page that indicates the name and the date it was checked.Awardee shall further ensure that no contractor, subcontractor,or assignee islistedonMiami-Dade County's debarred Contractor's List;Awardee shall,at a minimum,check at http://www.miamidade.qov/business/small-business.asp to determine ifa person orentityisonMiami-Dade County's debarred contractor's list.Awardee shallprovidePHCDwithaprintout copy of the site page that indicates the name and the date it was checked. b.Comply withallCDBG requirements,as applicable,aswellas the regulations specified inPHCD'sPoliciesand Procedures Manual. c.Identify the full,correct,andlegal name of the party. d.Describe the activities to be performed. e.Present a complete and accurate breakdown of itsprice component. f.Incorporate aprovisionrequiring compliance with all applicable regulatory and other requirements ofthis Agreement and with any conditions ofapproval that the County orPHCD deem necessary. This applies onlyto subcontracts and assignments inwhichpartiesare engaged to carry out any eligible substantive programmatic service,as may be defined by PHCD,set forthinthis Agreement.PHCD shall inits sole discretion determine Page 25 when services are eligiblesubstantiveprogrammatic services and subject tothe audit and record-keeping requirements described above,and; Result froman open competitivebid process generating aminimumof three bids. Such competitive process shallbe described inwriting,approved by the Boardof 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,permissiontouse other methods ofaward must be requested in writing and approved byPHCDpriortothe assignment or award of subcontract. .The Awardee agrees that no assignment or sub-contract will be made orletin connection with the Agreement without the priorwritten approval of PHCD,which approval shallnotbe unreasonably withheld,and that all such sub-contractors or assignees shall be governed by the terms and intent ofthis Agreement. g.Incorporate the language of Attachment E,"Certification Regarding Lobbying." h.include language stating that the Subcontractor understands and agrees that the County isnotapartyto the subcontract and has noobligationtothe subcontractor. i.The Awardee shall maintain,and shall require that its subcontractors and suppliers maintain,complete and accurate records to substantiate compliance with the requirements set forth m the Scope of Services.The Awardee and its subcontractors and suppliers,shall retain such records,and ail other documents relevant tothe Services furnished under this Agreement foraperiodof three (3) years from the expiration date ofthis Agreement and any extension thereof. 2.The Awardee shall incorporate inall consultant subcontracts this additional provision: The Awardee isnot responsible forany insurance or other fringe benefits,e.g.,social security,income tax withholdings,retirement or leave benefits,for the Consultant or employees of the Consultant normally available to direct employees of the Awardee.The Consultant assumes full responsibility for the provision ofall insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided inthis subcontract. 3 The-Awardee shall be responsible formonitoringthe.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 subcontracts or subcontractors,the Awardee shall bear all risks associated with subcontracting performance of the Activitiestoa subcontractor. 4.The Awardee shall receive fromPHCDwrittenpriorapprovalforany subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined byPHCD as described inthis Agreement.PHCD's approval shallbe obtained priorto the release of any funds to the subcontractor. 5.The Awardee shall receive written approval fromPHCDpriorto either assigning or transferring any obligations or responsibility set forthinthis Agreement or the rightto receive benefits or payments resulting from this Agreement. 6.ApprovalbyPHCDof any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation byPHCDin excess ofthetotaldollar amount agreed upon in this Agreement. 7.If the subcontract involves $100,000 or more toprovide services listed inthe Scope of Services or suppliers to supply the materials,the Awardee shall provide the names ofthe subcontractors and suppliers toPHCD (Attachment H). 8.The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list (Attachment H)without priorwritten approval fromPHCD. 9.The Awardee shall nothire any of the Awardee's staff members or employees as subcontractors. Page 26 AA.Additional Funding The Awardee shall notify PHCD of any additional funding received for any activity described inthis Agreement.Such notificationshallbeinwritingand received byPHCDwithinthirty(30)days of the Awardee's notification by the funding source. BB.Method of Payment The Awardee shall be paid as described below: 1.The Awardee shallbepaidfor those expenses allowed pursuant tothe 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.Itshall be presumed that the Awardee has provided adequate proof of havingincurred expenses if the Awardee submits toPHCD canceled checks ororiginal 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 forthin this Agreement.When original documents cannot be presented,the Awardee must adequately justify their absence inwritingand fumish copies of those documents toPHCD.The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget,"to this Agreement as it may be revised with the priorwrittenapproval by PHCD. 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 to PHCD,along withaltoriginal invoices,copies offront and back of cancelled checkspaid toall subcontractorsand suppliers,all release of liens from alll subcontractorsand suppliers,and allfinal approved permits,for payment within 30 days after the month in which the expenditures were incurred.Failureto comply willresultin rejection of invoices.Inno event shall the County be obligated topay any invoices for expenses which were incurredmorethan60 days priorto the date the request for payment is submitted to PHCD. 3.In no event shall the County provide advance CDBGfundingtothe Awardee ortoany subcontractor hereunder,norshall the Awardee advance CDBG funds to any party. 4.Any payment due under the terms of this Agreement may be withheld pending the receipt and approval byPHCD of allreports and documents which the Awardee is required to submit toPHCD pursuant to the terms of this Agreement or any amendments thereto. 5.All payments will be limitedto the quarterly payment schedule that accompanies the action step chartin the scope of services.Payment is contingent onthe achievement by the Awardee of the quarterly accomplishment levels identifiedin the scope of services portion of this agreement -Attachment A,which shall be submitted withall payment requests and shallclearlyidentify the completed level of accomplishments met.Thisshallalsoapply to soft costs associated withproject delivery. 6.No payments)willbe made without evidence ofappropriate insurance requiredbythis Agreement.Such evidence must beonfilewithPHCD and the County's Internal Services Department.PHCD must receive the final request for payment from the Awardee no more than thirty (30)calendar days after the expirationor termination ofthis Agreement.Ifthe Awardee failstocomplywiththisrequirement,the Awardee will forfeit allrightsto payments)ifPHCD,inits sole discretion,so chooses. 7.All monies paidtothe Awardee which have not been used toretire outstanding obligations of this Agreement must be refunded toPHCDin accordance withPHCD's Policies and Procedures Manual. 8.Any unexpended fundsremainingafter the completion of the services under this Agreement,orafterterminationofthis Agreement,shallberecapturedin full by the County. 9.In the event the County determines that the Awardee has breached the terms ofthis agreement andthat the County is entitled to retum of any orall of the funds awarded under thisAgreement,AwardeeagreestoandshallassignanyproceedstotheCounty from any Agreement between theCounty,its agencies orinstrumentalitiesandtheAwardeeorany firm,corporation,partnershiporjointventureinwhichtheAwardeehasa controlling financial interestinordertosecurerepaymentofthisaward."Controlling financial interest" Page 27 shall mean ownership,directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or Indirect interest of ten percent or more in a firm partnership orotherbusinessentity. CC.Reversion of Assets The Awardee shall return to PHCD,upon the expiration or termination of this Agreement,all assets owned or held by Awardee as a result of this Agreement,including,but not limited to any CDBG funds on hand,any accounts receivable,any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the County,other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property.In the case ofactivities involving real property,such reserves shall not be distnbuted to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan The Awardee shall at the request of the County execute any and all documents,including but not limited to mortgages securing the property,UCC financing statements,and restrictive covenants as required bytheCountytoeffectuatethereversionofassets. DD.Restrictionon the Use of Funds The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall not be used to supplant other funds.In no event shall funds received pursuant to this Agreement be used for: 1.Adverse Actions or Proceedings.The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents instrumentalities,employees or officials.The Awardee shall not utilize County funds to provide legal representation,advice or counsel to any client in any action or proceeding against the County orany of its agents,instrumentalities,employees or officials. 2.Religious Purposes.County funds shall not be used for religious purposes. 3.Commingling Funds.The Awardee shall not commingle funds provided under this Agreement with funds received from any other funding sources,but may be included in a Development Bank Account permitted by the first mortgage lender at the discretion of the County. Ill THE COUNTY AGREES: Subject to the availability of funds,to pay for contracted Activities according to the terms and conditionsSntracfAgreementinanamountnottoexceedtheappropriatedamountasstatedonpage1ofthis IV.THE AWARDEE ANDPHCDAGREE: A.Effective Date 1.This Agreement shall begin on the effective start date as stated on page 1 of this cotnract Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2.This Agreement shall expire on the date as stated on page 1 of this contract.Any costs incurred by the Awardee beyond this date will not be reimbursed by the County.The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control ofthe CDBG funds or other assests,including Program Income to support CDBG eligible activites.Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee.Such notice shall automatically become a part ofthis Agreement. 3.This Agreement may,at the 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,except those described within Section II,Paragraph Y,or provide any type of assistance or support tothe Awardee if this Agreement has expired orbeen terminated. 4.Management EvaluationandPerformanceReview Page 28 The Department may conduct a formal management evaluation and performance review of the Awardee,ifin the Departmenfs 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 should reflect the quality of service provided and the value received using monitoring data, such as progress reports,site visits,and client surveys. B.Default or Breach The Awardee shall be in default or breach ofthis Agreement if any of the following acts, omissions or conditions occur: a.The Awardee failsto fulfill each and every provision ofthis Agreement and the Attachments and failsto provide the services outlined in 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 fails to disclose all Related or Affiliated Parties and all matters required to be disclosed as to Related or Affiliated Parties to the County as requried herein. c.Filingofalis pendens,foreclosure action,or other legal action against the Property,any property of Awardee or Related orAffiliatedParty,or against Awardee or Related or Affiliated Party which the County determines,inits sole discretion,threatens the Property or the abilityof 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,Noteor other debt or obligation for which the Property is security or regarding any property of Awardee or Related orAffiliated Party,including properties not related tothis Agreement. e.Any legal encumbrance on the Property not permitted inwritingby the County. f.Any anticipated or pending bankruptcy,restructuring,dissolution,reorganization, appointment ofa trustee or receiver. g.Any action,activity,facts,or circumstances that the County determines inits sole discretion would materially impair performance by Awardee ofall the terms and conditions of this Agreement. h.Awardee failstoreportto the Countywithinten(10)days any bankruptcy, reorganziation,dissolution,liquidation,appointment ofa trustee or receiver,lis pendens,foreclosure action or legal encumberance related to the Awardee, Related orAffiliated Party or the Property,or any action,activity,facts,or circumstances that would materially impair performance by Awardee ofall the terms and coditionsofthis Agreement. i.Failure to comply strictlywith Section W(2)(a)(1)-(2)ofthis Agreement. j.Failure to meet the fifty percent (50%)or seventy percent (70%)Benchmarks,as set forthinthis Agreement,ortosubmit documentation (via Progress Reports and applicable supporting documentation)sufficientto show Awardee has metsaid Benchmarks. C.Suspension 1.The Countymay suspend payment inwholeorin part under this Contract byproviding written noticeto 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 Countyshallspecifyinwriting the actions that must be taken by the Awardee as conditions precedent to resumption of payments and shall specify a reasonable date for compliance.TheCountymay also suspend any payments inwholeorinpartunderany 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, Page 29 including attorney's fees.Reasonable cause shallbedeterminedbyPHCD,inits sole and absolute discretion,and may include,butis not limitedto: a.Ineffective orimproper use of these Agreement fundsby the Awardeeoranyofits subcontractors; b.Failurebythe Awardee tomaterially comply withanytermorprovisionofthis Agreement; c.Failurebythe Awardee tosubmitany documents requiredbythis Agreement;or d.The Awardee's submittalofincorrectorincompletereportsorotherrequired documents. e.Failureto meet the fiftypercent(50%)or seventy percent(70%)Benchmarks,as set forthinthis Agreement,orto submit documentation(viaProgress Reports and applicable supporting documentation)sufficient to show Awardee has met said Benchmarks. 2.Inthe event ofadefaultby the Awardee,PHCD may atany time suspend the Awardee's authority toobligatefunds,withholdpaymentsorboth.These actionsmayapplytoonly partorall of the activities funded bythis Agreement. 2.PHCD willnotifythe Awardee ofthetypeofactiontobetakeninwritingbycertifiedmail, return receipt requested,orinpersonwithproofofdelivery.The notification will include the reason(s)for such action,theconditionsof the action,and the necessary corrective action(s). Termination 1.Termination at Will This Agreement,in whole orinpart,may be terminated byPHCD upon no less thanten (10)working days notice,in accordance with 24 CFR Part 85.44,when PHCD determines thatit would bein the best interest ofPHCDand the County.Said notice shall be delivered bycertifiedmail,retumreceipt requested,orinpersonwithproofofdelivery.In the event of termination,the County may:(a)request the return of all finished or unfinished documents,-data-studies,surveys,drawings,maps,models,-photographsr reports prepared,andcapital equipment secured by the Awardee with County funds under this Agreement;(b)seek reimbursement of County funds allocated to the Awardee under this Agreement;and/or (c)terminate orcancel 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 termination,including attorney's fees. 2.Termination for Convenience PHCD may terminate this Agreement,in whole part,when bothparties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure offunds.Bothpartiesshall agree upon the termination conditions. PHCD,atits sole discretion,reserves therightto terminate this Agreement without cause upon thirty(30)days written notice.Upon receipt of such notice,the Awardee shallnot incurany additional costs under this Agreement. 3.Termination Because of Lack of Funds In the event of a funding short-fall,ora reduction infederal appropriations,or should funds to finance this Agreement become unavailable,PHCD may terminate this Agreement upon no less than twenty-four (24)hours writtennotificationto the Awardee.Said notice shall be delivered by certifiedmail,returnreceipt requested,orin person withproof of delivery. PHCDshall be the finalauthorityto determine whether ornotfundsareavailable.PHCD may atits discretion terminate,renegotiate and/or adjust the Agreement award whichever isin the best interest of the County. 4.Termination for Substantial Funding Reduction Page 30 In the event of a substantial funding reduction of the allocation to the Awardee through Board of County Commissioners'action,the Awardee may,atits discretion,request in writingfrom the Director of PHCDa release fromits contractual obligations to the County. The Director of PHCDwill review the effect of the request on the community and the County priorto making afinal determination. 5.Termination for Default or Breach PHCD may terminate this Agreement uponno less than twenty-four (24)hours written notification to the Awardee for breach or default. 6.Termination for Failure to Make Sufficient Progress. PHCD may terminate this Agreement,in whole orinpart,when PHCD determines,inits sole and absolute discretion,thatthe 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 laworany state insolvency law. 8.General to Termination and Breach Unless the Awardee's breachiswaivedby the Countyinwriting,theCountymay,bywritten notice to the Awardee,terminate this Agreement uponno less than twenty-four (24)hours notice.Saidnoticeshallbedeliveredbycertifiedmail,returnreceipt requested,orinperson with proof of delivery.----_.. Waiver of breach of any provisionofthis Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement.Theprovisionshereindonotlimit the County's righttolegalorequitable remedies.The County may resorttoany remedy for breach providedhereinoratlaw, includingbutnotlimitedto,takingovertheperformanceof the Services oranypartthereof either by itself or through others. In theeventtheCountyshall terminate thisAgreement for defaultorbreach,theCountyor its designatedrepresentatives,mayimmediatelytakepossessionof all applicable equipment,materials,products,documentation,reportsanddata. 9.Penalties forFraud Misrepresentation orMaterial Misstatement In accordance with theCodeof Miami-Dade County,Section 2-8.4.1,any individual or corporation orotherentitythat attempts tomeetits contractual obligations with the County through fraud,misrepresentation or material misstatement,shallhaveitsAgreement with the County terminated,whenever practicable,as determined bythe County.The County may terminate or cancel anyother Agreements which such individualor other subcontractedentityhaswiththe County.Such individual orentityshallbe responsible for itsown direct and indirect costs associated with such termination or cancellation,including attorney'sfees.The foregoing notwithstanding,any individual orentitywhoattemptsto meet it contractual obligationswiththeCountythrough fraud,misrepresentationor material misstatementmaybe disbarred from County contracting for upto five (5)years. Page 31 E.Other Remedies In addition toother provisions set forth herein,in theeventof default bytheAwardee,the Countyshallhavethe right toexerciseanyand all ofthe following remedies: 1.Awardee shallbeliableforalldamages,including butnotlimitedto: a.thedifferencebetweenthecostassociatedwith procuring Serviceshereunderandthe amount actually expendedbythe County for reprocurement ofServices,including procurement and administrative costs;and b.such other direct damages. 2.The Awardeeshallremain liable forany liabilities andclaimsrelatedtothe Awardee's performance ofthisAgreementorany breach or default,notwithstanding the expiration or termination of this Agreement. 3.Seek enforcement ofthis Agreement,in accordance with 24 CFR Part 85.43et.seq including butnot limited to filing an action with a court of appropriate jurisdiction.The Awardee shallbe responsible foritsowndirectandindirect costs associated with such enforcement,includingattorney's fees. 4..Debarthe Awardee fromfutureCounty contracting. 5.Any other remedy availableatlaworequity. DamagesSustained.Notwithstanding theabove,theAwardeeshallnotbe relieved of liability tothe Countyfor damages sustainedbytheCountyby virtue ofanybreachoftheAgreement,andthe Countymay withhold anypaymentstothe Awardee until suchtimeastheexactamountofdamages duetheCountyis determined.The County mayalso pursue anyremedies available atlawor equity to compensate for any damages sustained bythebreach. Payment Settlement.Ifterminationoccursfor reasons otherthanbreachordefault,Awardee shall bepaidonlyforreasonable,allowable costs incurred byAwardee prior tonoticeoftermination. "Reasonable,allowable costs"are those costswhichare necessary inordertoperformAwardee's obligationsunderthis Agreement andspecificallyexclude expenses incurred priortotheexecution ^date ofthisAgreement,personal expenses;travel expenses,expenses related toadditional phases of the Projectnotspecificallyand expressly incorporatedintothis Agreement.PHCDshallbethe solejudgeof"reasonable,allowable costs."AllcompensationpursuanttothisArticleissubjecttoan auditat the County's discretion.Awardee shallnotreceive payment forlostfuture revenues,lost developer fees orlostprofits, E-1.Limitation of LiabilityandLimitation of Remedies Awardee acknowledges that the County isproviding substantial funds to Awardee atloworno cost toAwardee,andthat these CDBGfundsareforthepurposeof providing abenefittothecommunity health and welfare. Therefore,notwithstandinganyotherprovisionherein,theParties agree tothe following limitations on liabilities foranyandallclaimsofanykindarisingfromorinconnectionwith performance or breachofthis Agreement,whichlimitationsshallapplyequallytoboth Parties: 1.Both Parties1 cumulative liability for damages,ifany,islimitedtothe amount of the CDBG funds set forthin Section ill,above. 2.Neither partyshall be liableforlost revenues,lostprofits,lostprogram income,orlost developer fees. 3.Each partyshall bear itsown attorney's fees and costs. 4.Neither partyshall be liablefor costs incurredby the other partypriorto the execution of this Agreement. Page 32 F.Renegotiation,Modification and Right to Waive 1.Modifications of provisionsofthis Agreement shall be validonly when inwriting and signed byduly authorizedrepresentatives of each party,whichfortheCountyistheCountyMayor or Mayor's designee.The parties agree to renegotiate this Agreement ifPHCD determines, inits sole and absolute discretion,thatfederal,state,and/or County revisions of any applicable lawsor regulations,or increases or decreases in budget allocations make changes inthis Agreement necessary.PHCDshallbe the final authorityin determining whether ornotfundsforthis Agreement are available due tofederal,state and/or County revisions of any applicablelawsorregulations,or increases in budget allocations. 2.The County shall have therightto exercise anoptionto extend this Agreement beyond the current Agreement periodandwillnotifythe Awardee inwriting of the extension.This Agreement may be extended beyond the initial extension perioduponmutual agreement between the County andthe Awardee,uponapprovalby the County MayororMayor's designee. 3.The County may,forgoodand sufficient cause,waive provisions inthis Agreement.Waiver requests from the Awardee shallbein writing.Nowaivershallbevalid unless inwriting and signed by the County MayororMayor's designee.Any waiver shallnotbe construed to be a modification of this Agreement. 4.The County's failureto exercise anyofitsrightsunderthis Agreement,orthe County's waiver ofaprovisiononany one occasion,shallnot constitute a waiver ofsuchrightsor provisiononanyotheroccasion.No failure ordelayby the Countyinthe exercise of any right shall operate as a waiver. G.Budget Revisions and Changes to the CDBG Eligibility ActivityTitle 1.Revisions totheBudget (Attachment B)shallbe requested inwritingandmustcomply withPHCD'sPoliciesand Procedures Manual.All budget revisionsshallrequirean amendment ofthis Agreement,which the County shall have noobligationto execute.The County shallnotbeobligatedto make payments for expenditures incurredpriorto the approval of the budget revision related to such expenditures. 2.Budget Revisions Through County Resolution Shouldaportionofthe funding allocationtothe Awardee berescindedbyactionfromthe Board of County Commissioners,written notification via certified mailto the Awardee advisingofthe funding reduction shallbesentby PHCD nolaterthanfive(5)working days of the action;writtennotificationwill constitute a Agreement amendment.The Awardee will have fiveworkingdaysuponreceiptofcertifiedreturnreceiptnotificationto submit a revised budget reflectingfunding adjustments.Should themodified budget notbe received withinthespecifiedtime,TheCounty will revisethebudgetatits discretion.TheCountyin its sole and absolute discretion will determine whether substantial reductions will necessitate revisionandresubmittalofthe Scope of Service (Attachment A).Revisions to the Scope of Services,when required,willbe negotiated to the mutualsatisfaction of both parties. 3.Revisions totheCDBG eligibility activitytitlesunderwhichthis Agreement's objectivesare classified asnotedinthe Scope of Services shallnotrequirea Agreement amendment. H.Compliance TheCountyshallhavetherighttoinspect,monitor,andinquireofAwardee,atthesoleand absolute discretion ofthe County,remain ineffect during any period thatthe Awardee is obligated to completea National Objectiveorhas control overAgreementfunds,including Program Income,in ordertoensurecompliancewiththeCDBGRegulations.However,theCounty shall haveno obligation or responsibility tomakeanypaymentor provide anytypeofassistanceor support tothe Awardee ifthis Agreement has expired or been terminated. TheAwardeeagreestocomply with all applicable StateandCountylaws,rulesand regulations, whichareincorporatedhereinbyreferenceorfullyset forth herein. Page 33 Any alterations,variations,modifications,extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing,duly approved and signed by both partiesandattachedtothe original ofthisAgreement. This contract may be executed in counterpart copies,and these counterparts shall together constitute anoriginalofthis Agreement. I.Disputes In theeventanunresolveddisputeexistsbetweentheAwardeeand PHCD,PHCD shallreferthe questions,including the views of all interested parties andthe recommendation of PHCD,tothe County Mayor for determination.The County Mayor,oran authorized representative,will issuea determination within thirty (30)calendar daysof receipt andso advise PHCD andthe Awardee,orin the event additional time is necessary,PHCD will notify the Awardee within the thirty (30)day period that additional timeis necessary.The Awardee agrees that it shall not bring any legal action or against the County until thirty (30)days from the County Mayor issuing his/her determination. J.Headings The section and paragraph headings in this Agreement are inserted for convenience only and shall notaffectinanywaythe meaning or interpretation ofthisAgreement. K.MinorityParticipation In order to gain greater Black business participation,the Awardee may submit its Agreements tothe County Mayor for bidding and award in accordance with County policies and procedures. 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 toany matter whichisthe subjectofthisAgreement shall besubjecttotheexclusive jurisdiction ofthestateand/or federal courtslocatedinMiami-DadeCounty,Florida. M.Notice and Contact Allnoticesbetweenthe Parties shall bein writing andsentby registered or certified mail and addressed as follows:--.._... TO AWARDEE:CityofSouth Miami 6130 Sunset Drive South Miami,FL 33143 Attn:Steven Alexander COPY TO: Attn: Page 34 TO COUNTY:Miami-Dade County 111 N.W.1st Street Miami,Florida 33128 Attn:Russell Benford,Deputy Mayor COPY TO:Public Housing and Community Development 701 NW 1st Court,14th Floor Miami,FL 33136 Attn:MichaelLiu,Director COPY TO:Public Housing and Community Development 701 NW 1st Court,14th Floor Miami,FL 33136 Attn:Letitia Goodson,PHCD Project Manager COPY TO:Assistant County Attorney County Attorney's Office 111 N.W.1stStreet,Suite2810 Miami,Florida 33128 Attn:Brenda Kuhns Neuman,Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by either party after this Aqreement is 3SSi7hlhe AT6T Chan9eS itS address'notic*of *•name °f the new repSinteK^AgJefmenf '"Wntm9 t0 *"0ther **«*3nd Sald n0tlflcation attache*to ori9^t of Ms N.WAIVEROF JURY TRIAL NEITHER THE AWARDEE,SUBCONTRACTOR,NOR ANY OTHER PERSON I iari p fod tuc ^n V^f^PR0CEEDING.COUNTERCLAIM OF!ANYOTHER^mGATfoN PROCeKBASEDUPONORARISINGOUTOFTHISAGREEMENTORTHEDEALINGSORtEfmI^JI°NSHIP BE™EEN OR AMONG SUCH PERSONS.OR ENTITIES o£ANY0?thKi^'3^AWARDEE-SUBCONTRACTOR.NOR ANY SUCH PERSON OR EWTTYvSm^FFKTOCONSOLIDATEANYSUCHACTIONINWHICHAJURYTRIALHASBEENWA^Pn fSPROVISIONSOFTHISPARAGRAPHHAVEBEENFULLYDISCUSS^^BYW IaptSS55^°THE PROVSIONS HEREOF SHaLT BE SUBJECT TO NO ScEPT.oSs NOPARTYHASINANYWAYAGREEDWITHORREPRESENTEDTOANYmSparw™*?™SETANCESS,ONS °F TH'S PARAGRAPH W^NoTbeTu^^^^ O.Assignment S^Ll668^"^'aSSi9n'transfer'hypothecate or otherwise dispose of this Agreement™n9 Vn9htsVtltle or Interest therein.or its power to execute such Agreement to hereoncompanyorcorporationwithoutthepriorwrittenconsentoftheCounty.8reemera t0 any person" P.Third Parties E^^TTS IS ^ndedkf0,r.the sole and «**»benefit of the parties and is not intended tobenefitanythirdpartynorshallitbedeemedtogiverisetoanyrightsinanythirdparty. Q.Survival Page 35 The parties acknowledge that many oftheobligationsinthis agreement,includingbutnotlimitedto Awardee's obligationto indemnity the County,maintainContract Records,andprovide sufficient evidence of CDBG Regulation compliance for the duration of the periodinwhich Awardee is obligatedto meet a National Objectiveorhas control overCDBGfundsaswellastheCounty's right to inspect andmonitor the Projectand Awardee for complaince withtheHOME Regulations,will survive the term,termination,andcancellationhereof.Accordingly,the respective obligationsofthe AwardeeandtheCounty under thisagreement,whichbynaturewouldcontinue beyond the termination,cancellationorexpirationthereof,shallsurvivetermination,cancellationorexpiration hereof. Autonomy ThePartiesagreethatthis Agreement recognizes the autonomy ofandstipulatesandimpliesno affiliation between thecontractingparties.Itis expressly understoodandintendedthattheAwardee isonlyarecipientoffunding support andisnotanagent,employee,servant orinstrumentalityofthe County. The Awardee is,and shall be,in the performance of all work services and activities under this Agreement,an independent contractor,andnotan employee,agent orservantoftheCounty.All persons engaged in any of the workor services performed pursuant tothis Agreement shallatall times,andinall places,be subject tothe Awardee's sole direction,supervision andcontrol.The Awardee shall exercise controlover the means and manner inwhichitandits employees perform the work,and inall respects the Awardee's relationshipand the relationship of its employees to the Countyshallbe that ofan independent contractorandnot as employees,servants or agents of the County. The Awardee does not have the powerorauthoritytobind the County inanypromise,Agreement or representation other than specifically provided forinthis Agreement. All Terms and Conditions Included This Agreement andits attachments as referenced(Attachment A-Scope of Services;Attachment A1-Action Steps;Attachment B-Budget;Attachment B-1(A)Indemnification and Insurance Requirements;Attachment B-2 -CDBG Program Requirements (Housing Only);Attachment C- .ProgressReport,-SetrUp Forms,-Performance.&BenefitData..Supplementto_Quarterly Expenditure. &Progress Report;Attachment D-Information for Environmental Review;Attachment E- Certification,Statements and Affidavits;Attachment F-Publicity,Advertisements and Signage; Attachment G -Fair Subcontracting Policies;Attachment H-Subcontractor/Supplier Listing) contain all the terms and conditions agreed upon by the parties.No other Agreement,oralor otherwise,regarding the subject matterofthis Agreement shallbe deemed to exist orbindanyof the parties hereto. Conflict In the event thataconflict arises between anypriorfunding documents and/or agreements governing this development,the terms,provisionsanddefinitions included inthis Agreement shall prevail. In the event that the Subsidy Layering Review (SLR)or Underwriting analysis determine the project's true "gap"financing needs to be less than the maximum award allocated by the Board of County Commissioners,the SLR amount shallprevailand the amount of CDBG funds described in this Agreement shallbe subsequently reduced."Gap"financing means the difference between the amount of financing available for the Projectfromother sources and the totalprojectcost.In the event Awardee applies for and is awarded by the Board of County Commissioners ("BCC") additionalfundingforthe same Project,asdescribedinthis 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 forthin this Agreement and the subsequent fundingawardshallrequirea negotiation between the Partiesin order to resolve those differences.Awardee understands and acknowledges that changes to the Projector Activities described inthis Agreement may not be accomplished by applying forand being awarded subsequent funds by the BCC.In the event that Awardee applies forandis awarded by the BCC funding foran additional phase of the same Project,a separate agreement must be negotiated and executed between the Parties.Under no circumstances shall Awardee assert that a Page 36 subsequent applicationfor and award of funds for the same project constitutes and amendment of this Agreement.Awardee expressly assumes anyand all risk of lossor damage associated witha subsequent application forandaward of funds for the same Project where such subsequent application by Awardee includes terms which conflictwith the terms ofthis Agreement. U.Interpretation Paragraph headings arefor convenience only andare not intended to expand orrestrict the scope or substance of the provisions of this Agreement.Wherever used herein,the singular shall include the pluralandpluralshall include the singular,and pronouns shallberead as masculine,feminine or neuter as the context requires. V.Survival The parties acknowledge that any of the obligations in this Agreement,including butnot limited to the Awardee's obligationto indemnity the County,will survive the term,termination and cancellation hereof.Accordingly,the respective obligations of the Awardee and the County under this Agreement,whichby nature would continue beyond the termination,cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. W.Corporate Governance A Not-for-Profit AwardeeshallabidebyandbegovernedbyChapter617,Florida Statutes, particularly Sections 617.0830 through 617.0835 as amended,which are incorporated herein by reference as iffully set forth herein in connection withits Agreement obligations hereunder. AFor-Profit Awardee shall abide byand be governed by Chapter 607,Florida Statutes,particulariy Sections 607.0830 through 607.0833,as amended,which is incorporated herein by reference asif fully set forth herein in connection withits contractual obligations hereunder. Page 37 IN WITNESS THEREOF,the parties hereto havecaused this Thirty-Eight (38)page contract tobeexecutedbytheir undersigned officials as duly authorized,this f(T**day of jksn>*20W AWARDEE MIAMI-DADE COUNTY BY:BY: name:S|mi J.fllt/onjer TITLE:frfo KlftnftAtlT DATE:\llfi/siO\f NAME:Carlos A.Gimene; BY: NAME: TITLE: DATE: Witnesses: BY: (Signature) —-Type orPrintNai TITLE:Clerk,Board of County Commissioners tywlaorf BY: Type or<Print Name 596000431FederalID Number: DATE: Resolution #:R-925-15 Awardee's Fiscal Year Ending Date: CORPORATE SEAL: AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Page 38 ij"//t ;—5 COUNTY :±3 ATTACHMENT A PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FY 2015 Scope of Services October 1,2015 through December 31,2015 Agency Name:City of South Miami -ACTIVITY TITLE: IDIS#: RESOLUTION #: DUNS#: 2.-ACTIVITY DESCRIPTION: 2a-Activity Category: 2b.-Objective: 2c.-Outcome: 2d.-Scope ofwork (Attached)T 3.-APPROVED BY BCC: Other Funding Source andAmount: 4.-FY 2015 FUNDING REQUESTED: 5.-HUD INFORMATION: 5a.-HUD matrix code: 5b.-HUD Activity Type: 5c.-HUD National Citation 9. 10. -^ACCOIVIPLISHMENTSI 6a.-Number of Units: 6b.-Type: -NATIONAL OBJECTIVE: Total #of Low/Mod in Service Area: Census Tract: BlockGroup: -ACTIVITY ADDRESS: LOCATION: NRSA (Activity located in): District(Activitylocatedin): LABOR STANDARD applicable Type of Work: •Building •Residential After-School Services R-925-15 24628976 Agency toprovide After Schoolservicesto youth ages4-17,including educational and sporting activities. Public Service Sustainable Living Environments Availability/Accessibility Amount:$2,000 Source:CDBG FY:2015 05D-Youth Services LMC,570.208(a)(2) 570.201(e) People 5800 SW 66 Street,South Miami,FL 33143 South Miami •Highway •Heavy 11. 12. Set aside units different from total units INSURANCE REQUIREMENTS: Project Manager: Worker's CompensationInsurance,CommercialGeneralLiabilityInsurance, AutomobilityLiability Insurajice-and Professional Liability Insurance.See Attachment for detailed j Selena P.Williams Planning Manager,JSijfnature) AFTER SCHOOL PROGRAM Scope of Work ThegoaloftheAfterschool House (Tutoring)Programistoprovidepositivesocial,cultural, educational,and recreational opportunities forchildrenresidingin the CityofSouth Miami.The program will also create a friendly environment and essential after-school services to participants regardless ofrace,religion,gender,family income,and/or ability topayforchildren ages 5-14 years (kindergarten to eighth grade). The After-School House Program operates from August-June.Funding will beusedto provide tutoring services which will include reading andmathcurricula,homework assistance. Commission District 7 will be served andthetarget population ischildren,ages 5-14. Theprogramtakesplace39weeks throughout theyearandonehundred (100)children grades Kthrough 8th grade will participate in the program. CDBG funding will be used towards the furniture,suchas desks and storage. Service Site and Hours of Service •The Afterschool House (Tutoring)Program islocatedatthe Gibson-Bethel Community Center,Murray Park -5800 SW 66th Street,South Miami,Florida 33143. •HoursofOperationforthe Center are Monday -Friday,5:00am-10:00 pm,Saturday, 9:00 am -6:00 pm,and Sunday,10:00 am.-2:00 pm and services will be provided ~~fforfT2!U0 pm-6100 pm,Monday -Friday" •Afterschool House (Tutoring)Programhoursofoperation:Monday-Friday,2:00pm 6:00pm,excluding holidays. The service site phone number is:(305)663-6319:email:qpough@southmiamifl.gov. Copy ofCDBG-After School -Attachment Al public service FY15 -Public Service -City ofSouth Miami -After School Programming Support -$2,000.00 ID Task Name Required Resource Enter in the % of Task Completed (as of today) Enter in the Start Date of Task Calculated End Date of Task Notes: 1^-#:Unt^ctUeVe|p|jment Hhasej /r •-.""V '•;".,.3"?7 ""••••'"•'.'.:-''•".•.•.•.'&$m jOO .'••'--^'w'r-K-.* 1.1.1 submit requirement documents withEnvironmental Review (ER)form(see attachment Din the Contract)Agency c .00 N/A 1.1.2 environmental review process Environmental Specialist c .00 N/A 1.1.3 submittal of scope and budget Agency c .00 10/1/15 1.1.4 scope and budget review by Public Housing and Community Development (PHCD)Project Manager (PM)Project Manager c .00 10/1/15 " 1.1.5 review eligibilityof activity PlannerJDIS Specialist,Project Manager 0 .00 10/1/15 Information used from Consolidated Plan 1.1.6 meet with stake holders All 0 .00 10/1/15 1.1.7 prepare and assemble CDBG contract with Attachments A toH Project Manager q.oo 10/1/15 1.1.8 submit CDBG contract for agency signature to execute Project Manager o|.oo 12/15/15 1.1.9 return signed CDBG contract to PHCDforfinal processing Agency o;.oo 12/15/15 1.1.10 submit CDBG contract to Miami-Dade County Mayor's Office PM Supervisor and PM Manager q.oo 12/15/15 1.1.11 receive and distribute executed CDBG Contract Project Manager o;.oo 12/31/15 Milestone Keview I •1;2^y;Marketing Hhase ,-;nv v ''"•.'.'•""'-'••'•'."•.'''.•••••'..••''•'•'":•:.'''•''•'/'mmty9°''•.'.'' 1.2.1 publicize program Agency o;.oo 10/01/15 1.2.2 submit copy of publications to PHCD Agency o;.oo 10/01/15 1.2.5 Identify potential recipients -name,addresses,telephone number &income Agency o;.oo 10/01/15 I Mettohe ReWeW I •ffl-a '.''..•••-•'•'••••;"<"•:.'•.'-1,«!'.,o|.oo- 1.3.1 Environmental clarence letter Environmental Specialist o|.oo 10/1/15 1.3.2 submit insurance certificate to PHCD -Attachment Bl of contract Agency o;.oo 10/1/15 1.3.3 submit insurance toMiami-DadeRisk Management for approval Project Manager oj.oo 12/15/15 1.3.4 submit payments request to PHCD-monthly basis Agency o|.oo 10/1/2015-12/31/2015 1.3.5 submit quarterly progress report (Dueno later than 10 days after the endof the quarter)Agency o].oo 1/10/16 1.3.6 submit procurement policies to PHCD Agency o;.oo 10/1/15 1.3.7 reviewandapproveprocurementpolices Project Manager o|.oo 10/1/15 1.3.8 submit accounting policiesto PHCD Agency 0 .00 10/1/15 Page 1 as of 12/' of 2 J/2015 Copyof CDBG -AfterSchool -Attachment Al publicservice ID Task Name Required Resource Enter in the % of Task Completed (as oftaday) Enter in the Start Date of Task Calculated End Date of Task Notes: 1.3.9 reviewandapproveaccountingpolices Project Manager C .00 10/1/15 1.3.10 provideacompleteinventoryofallcapitalequipmentto PHCD -$700or more Agency C .00 N/A 1.3.11 submit inventory list to Miami Dade GSA Project Manager G .00 N/A 1.3.12 submit copy of prior year audit report Agency .0 .00 10/1/15 1.3.13 providecopyofprogramincometracking-reportincome immediately Agency 0 .00 1/10/16 1.3.14 review and approve program income Project Manager Q.00 1/15/16 suomit copyor client m-take formto PHIL)torapproval 1/10/16 1.3.15 Milestone ReVieW i;:-3$i$Partfc^,.^v V;:.:,v~.::.•/:':.;"'••v<-i ';'..:,:••••••\-\-\,\<K^':''^:h-'J^_.i'.-'•".'•.:.••"•.•••' 1.3.17 determine that eachparticipantisincomeeligibleby determining the family's annualincome.1/10/16 1.3.18 Examine the source documents evidencing annual income (e.g.,wage statement,interest statement,unemployment compensation statement)for the family 1/15/16 1.3.19 Milestone Keview i-^siii .Mpse;uutrnas^,..•:>.•...-A*S£E\Q .00 .::•.\--'".,:;J.;vt:.•;'• 1.5.1 submit final progress report Agency 0 .00 01/31/16 1.5.2 submit final payment Agency 0 L.oo 01/31/16 1.5.3 submit LMI information to PHCD's ComplainceUnit Project Manager c .00 01/31/16 1.5.4 review LMI information Compliance Unit c .00 01/31/16 1.5.5 print out copy of Finance balance Project Manager c .00 01/31/16 1.5.6 report accomplishment in IDIS IDIS Specialist 0 .00 01/31/16 Milestone Keview Page2 as of 12/4 of 2 1/2015 CITY OF SOUTH MIAMI After School Programming Support CDBG FY 2015 Summary Budget October 1,2015 -December 31,2015 ATTACHMENT B CATEGORIES PRIOR YEAR FUNDING FY 2015 FUNDING NON-PHCD FUNDING TOTAL I.Personnel II.Contractual Services III.Operating Services IV.Capital Outlay TOTAL BUDGET $ $ $ SOURCES OF OTHER FUNDING MDC -Officeof Management andBudget Cityof South Miami $ $ $ -$__2,aaGLQ0_$L $2,000.00 $ TOTAL AMOUNT $18,073.00 $13,251.00 $31,324.00 18,073.00 $18,073.00 -$ 2,900.00$2,900.00 _1Q.,351.0.CL_$12,351jOO_ 31,324.00 $33,324.00 CITYOF SOUTH MIAMI CDBG FY 2015 AfterSchoolProgrammingSupport DETAIL BUDGET October 1,2015 thru December 31,2015 ATTACHMENT B PP Non-PHCD PHCD 2014 PHCD 2015 Total PHCD Total All Sources 0410 PERSONNEL -Employee Regular-Salaries $18,073.00 $$S $18,073.00 Sub-Total Salaries $18,073.00 $$$$18,073.00 4010 Fringe Benefits FICA (salaryX7.65%) Sub-TotalFringe Total Personnel Contractual Services External Audit $$$$$- Environmental Audit $$$$$- OtherProfessional-SVC Const Mgmt $$$$$- Other Professional SVC $$$$$. Bottled Water $$$$$- Rent Copier $$$$$- BuildingRental $$$$$- Total Contractual $$$$$- -Operating-Expenses- Instructional supplies,books,learning material (white boards,teachers'edition books,etc.) Educational supplies for afterschool (books,workbooks,crayons,paper, scissors,etc.) Thanksgiving Celebration for Afterschool Participants Total Operating Expenses Commodities Furniture (desk,storage) Recreational supplies and equipment 4 mobile 12*Cafeteria Tables Total Commodities $1,050.00 1,050.00 $1,500.00 1,500.00 $350.00 350.00 $2,900.00 2,900.00 $3,500.00 $2,000.00 $2,000.00 5,500.00 $1,000.00 $1,000.00 $5,851.00 $5,851.00 $10,351.00 $2,000.00 $2,000.00 12,351.00 Capital Outlay 90 Construction $$$S s - Infrastructure Improvements $$$$$- Total Capital Outlay $$$$$- TOTAL BUDGET $31,324.00 $-$2,000.00$2,000.00$33,324.00 SOURCES OF OTHER FUNDING TOTAL AMOUNT MDC -Officeof Management andBudget$18,073.00 Cityof South Miami $13,251.00 MIAMI DADE ATTACHMENT B-1(A) INDEMNIFICATION AND INSURANCE REQUIREMENTS Contractor shall indemnify and hold harmless the County and its officers,employees,agents and instrumentalities from any and all liability,losses or damages,including attorney's fees and costs of defense, which the County orits officers,employees,agents or instrumentalities may incur as a result of claims, demands,suits,causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Agreement by the Contractor or its employees,agents,servants,partners principalsor subcontractors.Contractorshallpayallclaimsandlossesin connection therewithandshall investigates and defend all claims,suits or actions of any kind or nature in the name of the County,where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's fees which may issue thereon.Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County orits officers,employees,agents and instrumentalities as herein as herein provided. The Contractor shall furnish to the Miami-Dade County,c/o of Public Housing and Community Development,701 NW 1st Court 14th Floor,Miami,FL 33136.Certificate (s)ofInsurance which indicates that insurance coverage hasbeen obtained which meets the requirements as outlined below: A.Worker's Compensation Insurance for all employees ofthe Contractor as required by Florida Statute 440. B.Commercial General Liability Insurance ona comprehensive basis inan amount not kssJhan.J3J)JD^Q0iLrc.ombined .single,limit.per _occurrence--for iodily-injury--and- property damage.Miami-Dade Countymustbeshownasan additional insured with respect to this coverage. C.Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection with the work set forth in the Scope of Services,inan amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage.For Providers using vans or mini-vans with seating capacities of fifteen (15)passengers or more,the limit of liability required for Automobile LiabilityInsuranceis$500,000. D.Professional Liability Insurance,when applicable,in an amount not less than $250,000 per claim. All insurance policies required above shall be issued by companies authorized to do business under the laws ofthe State of Florida,withthe following qualifications: The company must be rated no less than "A-"as to management,and no less than "Class VU" as to financial strength,by A.M.Best Company,Oldwick,New Jersey,or its equivalent, subject tothe approval ofthe County Risk Management Division. or The company must hold a valid Florida Certificate ofAuthority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida"issued by the State of FloridaDepartment of FinancialServices. NOTE:CERTIFICATE HOLDER MUST READ:MIAMI-DADE COUNTY 111 NW 1st STREET SUITE 2340 MIAMI,FL 33128 PublicHousing and Community Development Attachment B-2 Community Development BlockGrant (CDBG)Program Not Applicable ATTACHMENT C Reporting Period: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 D 1st Quarter [Jan-Mar]D 2nd Quarter [Apr-Jun]D 3rd Quarter [Jul-Sept]04th 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: •Administration •Capital Improvement •Economic Development •Historic Preservation •Public Service •Housing •Homebuyer Assistance •Tenant-Based Rental Assistance (TBRA)•Homeless Housing Objective:•Create suitable living environments •Provide decent affordable housing •Create economic opportunities Outcome:•Availability/Accessibility •Affordability •Sustainability Section II:Financial Information At the time the Awardees has been paid or otherwise received fifty percent (50%)and seventy percent (70%)of the Agreement Funds,the Awardees reporting these expenditures must submit documentation to show that Awardees has accomplished 50%and 70%,respectively,of the Activities described herein. ProgramIncomeThe disposition of Program Income not specifically listed inthe approved Program Income budget requires priorwrittenapprovalfromPHCD. 1.Does thisactivitygenerate Program Income?•Yes •No 2.If yes,indicate the amount generated this quarter._$ 3.Ifyes,waswritten approval grantedby PHCD to use the Program Incomegenerated from this activity? •Yes D No D N/A 4.Ifyes,vQ attach copy of approval letter and related documents.If no,a written request for approval tousethe Program Income must be submitted toPHCD. 1*f3 CD/14/51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITUREAND PROGRESS REPORT FY 20 ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION 1.Activity Status:•Cancelled •Underway •Completed 2.Environmental Status:•A=Exempt D C=Completed D D=Underway 3.Is this activity still in compliance with the original project schedule?•Yes •No Section III:D Work in Progress [On-going Activities]♦D Accomplishment Narrative [Activity Completed] Check appropriate box and reference the Scope of Services,included in your contract,as the basis for reportinq the work in progress or accomplished in a brief narrative format [®Attach Scopeof Services ] Section IV:Other Supporting Efforts Provide a description,using quantifiable data,of all other supporting efforts that have begun,partially implemented or I completed during this period.I Section V:Problems Encountered 1 Provide a brief description of any problems or delays encountered during this period or anticipated. Section VI:Technical Assistance ^^^^^ If your organization has a need or anticipate a need for technical assistance during this period please describe the nature ofthe assistance required. Section VII:Performance Measurement i 'Notes:A Supplemental Performance &Benefit Data Report must be submitted if any actual achievements are reported during this reporting period and all HOME funded projects must submit applicable activity set-up form. Accomplishment Type:•People [01]D Households [04]Q Businesses [08]•Organizations [09] •Housing Units [10]•Public Facilities [11]•Jobs [13] National Objective:D Area Wide Benefit [e.g.LMA,LMAFI,LMASA,SBA]-or-•Direct Benefit [e.g.LMC,LMH,LMJ] Peopleor Households •Achievements:•Yes •No If yes,what isthe accomplishment type?D People -or-D Households People Total People Low /Mod Projected Goal Households (LMH activities only) Total Households Low/Mod FemaleHeaded Actual This Quarter Actual Cumulative Supplemental Report Attached Y/N Performance &Benefit Data: •Housing -or-D Public Service &Administration-or-•Capital Improvement &Public Facilities 2of3*CD/14/51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 Housing Units •Achievements:D Yes •No Owner Projected Goal Rental Actual This Quarter Actual Cumulative Buyer Total Supplemental Report Attached Y/N •Performance &Benefit Data:Housing Jobsor Businesses •Achievements:•Yes D No If yes,what is the accomplishment type?D Jobs -or-D Businesses .K -^Total Job Count Total Weekly Hours JobsCreated Full-Time (FT)FTLow/Mod Part-Time (PT)PT Low/Mod Projected Goal Actual This Quarter Actual Cumulative Assistance to Businesses Projected Goal ActualThis Quarter*Actual c»m„taih,- Mo\A/Hi icmarrop r —.New Businesses Existing Businesses Total Percent Low /Mod Jobs Supplemental Report AttachedY/N •Performance &Benefit Data:Economic Development PERFORMANCE CERTIFICATION:•This certifies that No Accomplishments occurred during this Quarter. certification that Zaccomplishments SSSfSS S^ZT*"*rcqU,red at **time based °"the CERTIFICATION "' This is to certify that the data and other information provided in this Reoort is corrert ha«=»H ™***•.system and records,and that expenditures and obHgations shown have beenm»L S ?h«n acfoun?n9accordancewithapplicableTermsandConditionsofIhe'conta^FuXXHlLt ******""" ReportPreparedby: Signatureof Certifying Official: FOR PHCD USE ONLY Report D is /D is not complete ♦Report Q is /Q is not accurate Initial review for completeness and accuracy completed by -Name: Name: Print Name Date Title:Date: Title:Date: ActivityIDIS Number ProjectManager J^s^ass^cracssE^^ '&&*™s material is available in an accessible format upon request 3 of3 CD/14/51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:PUBLIC SERVICES -OR-ADMINISTRATION Supplement toQuarterlyExpenditure&Progress Report FY 20 Recipient Name: Activity Name:__ IDIS#: HUDActivity Matrix Code:_ HUDMatrixCodeDescription: Activity Category: Accomplishment Type: Reporting Period: 1s1 Quarter [Jan-Marl n 2™Quarter [Apr-Junl n 3™Quarter [Jul-Septl n 4m Quarter [Oct-Decl /AnnualReport n PROJECT CATEGORY:ACCOMPLISHMENT TYPE /MEASURES:I ACCOMPLISHMENT UNITS COMPLETED: •PublicService •Administration (FairHousing Activities) •People -or-•Households Low &Moderate Income #of Persons Served #of Households Served #of Low &Moderate Income PART 1-PERFORMANCE MEASUREMENT&ACCOMPLISHMENT INFORMATION Instructions&Applicability:National Objectivesinclude LMA,LMC,LMH,SBA,SBR,SBSor URG 1.Total benefiting for program year:2.Counts by Households (H)-or-Persons (P): 3.Of those assisted,enter the number that: a)Now have New Access tothis service orbenefit b)Now have Improved Access tothisserviceor benefit c)Nowreceivea service orbenefitthatisNo Longer Substandard Total PART 2-BENEFICIARY INFORMATION 1.Complete the Direct Benefit Information in the table below for the service or benefit provided for this activity. RACE &ETHNICITY CATEGORY Instructions:(1)Indicate the total number of persons or households served in each Racial Category for this reporting penod and the cumulative total.(2)From the total number depicted in each Racial Category,indicate the numbers that are of Hispanic Ethnicity forthis reporting period andthe cumulative total. Racial Categories White [11] Black/African American [12] Asian [13] American Indian /AlaskanNative [14] Native Hawaiian /Other Pacific Islander [15] American Indian /Alaskan Native &White [16] Asian &White [17] Black/African American&White [18] American Indian orAlaskanNative&Black/African American f19] Other/Multi Racial [20] Totals Report Period Totals Race Total* Ethnicity #Hispanic 1of3 Cpmu^aWiftWDlPSfes ilttlMipllg .y.iiV-^lfeii11^ Vi[|ji!f^iii^iife^^|j:^;i-n 5f^WSp|||g||g^ :i-J^':SSplS5K?P^ i^SiilSP :£#'§££'^'••%V^€-:.^li CD/18/51712V •>HiAi PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:PUBLIC SERVICES -OR-ADMINISTRATION Supplement to Quarterly Expenditure &Progress Report FY20 OTHER DIRECTBENEFITINFORMATION Income Levels Report Period Totals Total Number Ctimulafi^ Extremely Low (30%orless) Low (31%-50%) Moderate (51%-81%) Non Low/Mod (81%or greater Number of Female Headed Households "t^;^,:. Census (C)orSurvey (S)Data Used: Total #of Low/Modin Service Area: Percent of Low/Mod in Service Area: CensusTract Block Groups CensusTract Block Groups; CensusTract Block Groups If (S),enter #of Low/Mod &Total Population: Total Low/Mod Universe Population in Service Area: U|:MUl.ld;[.I.l.l:MUhMl^ Is this activity located in a NRSA?•Yes•No .£^^as Wimble,using the maps provided via Miami-Dade County's website -Services NearYou'MP'^web-miamidade.go v/Oimtt^^mdJded ^Lc™*— Provide the following information: NRSA #of Clients Served NRSA #of Clients Served Location/ProjectAddress: Location/ProjectAddress: Location/ProjectAddress: Street /City/Zip Code Street /City /Zip Code Street/City/Zip Code PART4-LEVERAGING OF FUNDS [Other Fundina Sc J.CDBG Funds .2.HOME Funds 3.ESG Funds 4.Section 108 Loan Guarantee $ 2 of 3 5.Other Federal Funds 6.State/Local Funds 7.Private Funds 8.Other NameofFundingSource Total Funds CD18&1712V PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE&BENEFITDATA:PUBLIC SERVICES -OR-ADMINISTRATION Supplement toQuarterlyExpenditure&Progress Report FY 20 tREQUIREfrAT^ the benefit;;:(2);p!intout;of;NRSA map,;|fcappiica&le;&(3)anyr^other required ddeumentas described irr ^^ontrabt or Scope;ofServices,oras instructed by the County:-•;•'^:;3"^::v Report Prepared by:Title:Date: Print Name Signature of Certifying Official:___^Title:Date: S!??**IS*/iVf 2°¥?eCffT 10*01i ?tates*hat aP****wh0 knowingly and willingly makes false or fraudulent statements to any Department orAgencyoftheUnitedStatesisguiltyofafelony.State law may also provide penalties for false or fraudulent statements. ymfe;This material is available in an accessible format upon request CD/18/51712V 3of3 PHCDSUBMITTAL OF PUBLICSERVICECHECKLIST • Agency •Activity Name • • • • Amount/IDIS #• • Project Location • LMI Limited Clientele Criteria (Must check one below &Provide documentation as required) •1.Low-Mod Clientele (LMC)-Documentation showing that the activity is designed for and used by a segment ofthe population presumed by HUD tobe LMI persons;for example: •Abusedchildren, dBatteredspouses, d Elderly persons (family whose head,spouse,or sole member isa person aged 62 orolder), dSeverely disabled, •Homelesspersons, d Illiterate adults, •Persons living with AIDS, d Migrant farm workers •2.Neighborhood Revitalization Strategy Area (NRSA)-Be of such a nature and in a location that it may be concluded that the activities clientele located inanNRSA: Obtain documentation that shows the clientlivesat the address whichislocatedinan NRSA: Yes No *Proofoflocation: *Child(ren)School Records (showing home address) *Driver License *Utility Bill (FPL,Water &Sewer,etc) REQUIRED DOCUMENTATION-NO EXCEPTIONS *PHCD General CDBG Intake Eligibility Form (Must be Attached) D • • • • • Yes No •• 'Services Near You Print Out (Must be Attached) (http://gisweb.miamidade.aov/CommunitvSe^ices/•• 1.Biscayne North 2.Cutler Ridge 3.Goulds 4.Leisure City/Naranja <5.Model City 6.Opa-Locka 7.Perrine 8.South Miami 9.West Little River NOTE:SHOULD ANY OF THE ABOVE NOT BE PROVIDED,QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO THEAGENCYAND WILL BECONSIDERED NON-COMPLIANT Page1of2 PHCD SUBMITTALOFPUBLIC SERVICE CHECKLIST D3.Reguired Documentation:-Data showing thesize and annual income for the family ofeach person receiving the benefit and that at least 51%of those served are LMI. REQUIRED DOCUMENTATION AMUST -NO EXCEPTIONS Yes No *PHCD General CDBG Intake Eligibility Form (Current Income Must be Attached)•• Select One Form of Proof to Provide: *PayStub(s)•• *Aid to Families with Dependent Children (AFDC)or Temporary Assistanceto Needy Families (TANF) *Food Stamp Official Print outLetter. *Unemployment Benefits Letter with Amount *Proof of Child Supportor Alimony *Proof of SSA/SSI or Veteran's Benefits *Proof of Retirement Income (Must be attached for Senior Programs) *Other Income •• •D •• •• •• •• D • Prepared by (Print)Agency Official Signature andDate NOTE:SHOULD ANY OF THE ABOVE NOT BE PROVIDED,QUARTERLY PROGRESSREPORTS WILL BE RETURNED TO THEAGENCYANDWILLBE CONSIDERED NON-COMPLIANT Page2of2 NAME: ADDRESS: PUBLICHOUSING AND COMMUNITY DEVELOPMENT GENERAL CDBG INTAKE ELIGIBILITY FORM LMI LIMITED CLIENTELE (LMC)/JOBS (LMJ)/HOUSING (LMH) PHONE: ZIP: Gender:•Male •Female Ethnicity:D Hispanic Race (Please check the race category which applies to you): •White •Black/African American •Asian •Black/African American &White •Asian&White •Native Hawaiian/Other Pacific Islander •American Indian orAlaskan Native &Black/African American •Not Hispanic •American Indian/Alaskan Native D American Indian/Alaskan Native &White •Other:Multi Racial List Yourself andallOtherPersonsOccupyingHome 1. Relationship Gender Employed? 2. 3. 4. 5. DYes l~lNo DYes [~lNo DYes riNo DYes |~lNo DYes f~lNo DYes nNo 8. DYes flNo DYes DNo INCOME VERIFICATION DATA SSSffST y ,^ye'^etefm^VPart by "*Si2e of your nousehold and V°ur income-A""noome and assets will requireS5~KL f9lb,lrty *"!te grantedJncome includes all money coming into the household from all persons over 18yeSok?Wages satanes.tp*comm.ss.ons;Self-employment income;Retirement Survivor,or Disability pensions;Social Security or Rariroad ^^ment Supplemental Security Income,Aid to Families with Dependent Children (AFDC),Temporary Assfetenbe toNeedy^amfe-FA^rFec*^^ or .ncome from estates or trusts;and any other sources of income received "regularly includE,Veterans'(VArSSSSS unemployment compensation,alimony,and child support must bedisclosed.y 'P3*™*™*' ;:1- Household Member Source of Income Gross Monthly Amount Received $ $ S£me ^'ilKf*A^cePtab,e Documentation:Copy of Pay Stubs (from previous employer),Aid to Families with DependentChHdren£FDC)or Temporary Assistance to Needy Families CTANF)Official Printout/lettef,Food StampoEJnwSSfLetterconfi.rn.ng amount of unemployment benefits received,proof of child support or alimony,proof of S^SSI or Veteran^Benefits,or proof of retirement income.MUST ATTACH ACOPY OF DOCUMENTS-NO EXCEPTIONS.°r velerans I,the undersigned applicant do hereby authorize (Name ofAgency)wwages,pensions and investments.It is understood that this authorization is granted for the sole purpose of certifying mv elioibilitvforfederalfinancialassistance,and that all information acquired in this regard will remain confidential.Y 9 ^ .toverify my personal records,including BY MY SIGNATURE,IACKNOWLEDGE THAT ALL INFORMATION IHAVE PROVIDED IS TRUE AND CORRECT TO THF RF<?TOFMYKNOWLEDGEIAMAWARETHATIFIMAKEANYWILLFULFALSESTATEMENT"INTtHIS O^S5oNaSJOTHERDOCUMENTATIONTHATIPROVIDEFORPROGRAMELIGIBILITYIMAYBEPUNISHTOWmHNES^KIMPRISONMENTOFUPTOFIVE(5)YEARS.OR BOTH.UNDER SECTION 1001 OF TTTLE 18 UnS^AT^cSe^NdIALSOMAYBESUBJECTTOCMLAND/OR ADMINISTRATIVE PENALTIES AND SANCTIONS ^ Signature of Applicant Date Page!of2 CD/17/51712/V3 PUBLICHOUSINGANDCOMMUNITYDEVELOPMENT GENERAL CDBG INTAKE ELIGIBILITY FORM CDBG INCOME ELIGIBILITY Activity classified under family size and income Activity isclassifiedbasedonincome eligibility requirements thatrestrictitexclusivelytolow-and moderate-income persons 24 CFR 570.208 24 CFR 570.208(a)(2)(i)(B) 24CFR 570.208(a)(2)(i)(C) 24 CFR 570.506(b)(3)(iii) 24CFR 570.506(b)(3)(iii) DEFINITIONS/24 CFR 570.3 " Fajnjjy.means all persons living in the same household who are related by birth,marriage or adoption. Household means all the persons who occupy a housing unit.The occupants may be a single family,one person living alone two or more families living together,or any other group of related or unrelated persons who share living arrangements. Income.For the purpose ofdetermining whether a family or household is low-and moderate-income under subpart Cof this part,grantees may select any of the three definitions listed below for each activity,except that integrally related activities ofthe same type and qualifying under the same paragraph of 570.208(a)shall use the same definition of income The option to choose a definition does not apply to activities that qualify under 570.208(a)(1)(Area benefit activities)except when the recipient carries out a survey under 570.208(a)(1)(vi).Activities qualifying under 570.208(a)(1)generally must use the area incomedatasuppliedtorecipientsby HUD.The three definitions areas follows: (i)Annual income as defined under the Section 8 Housing Assistance Payments program at 24 CFR 813106 (except that if the CDBG assistance being provided is homeowner rehabilitation under 570.202,the value of the homeowner's primary residence may be excluded from any calculation of Net Family Assets);or Estimate the annual income of a family or household by projecting the prevailing rate of income of each person at the time assistance is provided forthe individual,family,or household (as applicable). Estimated annual income shall include income from all family or household members,as applicable Income or asset enhancement denved from the CDBG-assisted activity shall not be considered in calculating estimated annual income. Low-and moderate-income household means a household having an income equal to or less than the Section 8 low- income limit established by HUD. Low-and moderate-income person means a member of a family having an income equal to or less than the Section 8 low- income limit established by HUD.Unrelated individuals will be considered as one-person families for this purpose. Low-income household means a household having an income equal to or less than the Section 8 very low-income limit established byHUD. Low-incomejierson meansa member of a family that has an income equal to or less than the Section 8 very low-income limrfestablished by HUDTOnrelatecrindiviauals shallWcohsiaereo'ls one-person familiesTdTthis purpose.j" INSTRUCTIONS FOR IMPLEMENTING AGENCY You must first seek third party verification.This is a verification that is received directly from the source of income The request can» be by mail,fax,or email.It must be clearly evidenced that it was received from the source.| IncomeLimitsfor Fiscal Year 2015-16 (Effective 03/06/2015) »0f/SioWedian)l $14.250 $16.250 $20.090 $24,250 $28,410 $32.570 $36.730 $40,890 $23.700 $27.100 $20.090 $24,250 $28.410 $32.570 $36,730 $40,890 $37.950 $43.550 $48.750 $54.150 $58.500 $62.850 $67.150 $71.500 Warning:We 18 US Code Section 1001,states that aperson who knowingly and willingly makes false or fraudulent statements to am Deoartment orAgency,*the Umted States ,s guilty of afelony.State law may also provide penalties fbrLse or fraudulent steteXte ™Department or This material is available inan accessible format upon request 2 of 2 CD/17/51712/V3 Date: PUBLIC HOUSING AND COMMUNITY List of Persons Assisted (Public Supplement to Quarterly Expenditui DEVELOPMENT Service) re and Progress Report 1st Quarter [Jan -Mar]|| 2nd Quarter [Apr -Jun]|| 3rd Quarter [Jul -Sept]|| RecipientName:Activity Name: IDIS Number:4th Charter [Oct -DecyAnnual Report || 1.Persons Assisted Last Name First Name 2.Status New Existing 3.Address JL9 u 12 u 15 •• •• D • •• •• •• •• •• •• •• •• •• •• •• •• House Number Direction INSTRUCTIONS 1.Fill innameofthepersonforwhichPublicServiceswere provided. 2.Enter acheckmarkinthe column that matches theperson'sstatus [New-or-Existing]. 3.Enter the complete addressofthe person assisted,e.g.,House Number,Direction,Street Name,&StreetType. 4.EnterYesorNoasapplicableifthe person livesin one oftheNRSAs. 5.Ifyes,view NRSA mapat http://gisweb.miamidade.gov/CommunityServices/to determinecorrect NRSAIocat Opa-Locka,Perrine,South Miami,West Little River,Biscayne North or Cutler Ridge. Street Name Street Type 4 &5.NRSA http://gisweb.miamtdade.gov/CommunitvServices/ LivesIna NRSA?Name of NRSA O D No o •no •*«•no •y«s D No [~]Yes •no •Yes No• Yes•No• O •NO •Yes Non Yes•No• •ves No• YesD •No D Yes •no •Yes No• YesD •No onand fill inthenameofthe NRSA:Goulds,LeisureCity,Melrose,ModelCity, Warning:Title 1B,US Code Section 1001,stales lhat a person who knowingly and willingly makes false or fraudulent statements to any C forfalseorfraudulent statements. De sartment or Agency oftheUnited Slates isguiltyofafelony.StatelawmayalsoprovidepenalUes >This material is available In an accessible format upon request.Page||of||CD/23/12513/V3 SSSSBBV MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) INFORMATION FORENVIRONMENTAL REVIEW FORM INSTRUCTIONS:Per 24 CFR Part 58,thepurposeofthe environmental review procedures is tofosterthe implementation of environmentally compatible activities.Asa grant or loan recipient,Miami-Dade County will not fund projects that will negatively impact clients, communities,or the environment. Part I.AGENCY AND PROJECT DETAIL 1.Indicate Funding Source: •CDBG •HOME Q HOPE VI •HOMELESS (SRO/SHP)•EDI •NSP 2."Indicate Fiscal Year FY"20' 3.Nameof Subrecipient/Agency: 4.Name of Proposed Activity: 5.Location (Address with City,STandZip)of Activity or Project: 6:Site-Folio"Number(s): 7.Commission District(s): 8.Direct Contact information of loan/grant recipient: Name: Address: City:I State:|zip: Phone:Fax: 9.Detailed description of activity or project fitt p^rtft-eNT u 10.What isthepurposeofthe activity orproject?Forexample,PublicService,Economic Development,Historic Preservation,Capital Improvement,Housing,etc. 11.Whatisthestatusof activity or project?Forexample,Pre-Development Phase, Rehab/Construction Underway,Rehab/Construction Completed,etc. Part II.PROJECT OUTCOME Will the activityorproject result inthefollowing? 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,households or business 8.Increase inpopulation working or living onsite 9.Land acquisition 10.Activityin 100-year floodplain 11.Anew nonresidential usegeneratingatleast1,375,000 gallonsof water or687,500 gallons of sewageper day. 12.Use requiring operating permit (i.e.forhazardouswaste, pretreatment of sewage,etc.) 13.Asanitary landfill or hazardous waste disposal site 14.Tree removal or relocation 15.Street improvements 16.The impounding of more than 10 acre feet ofwater (e.g. digging a lake or diverting or deepening of a body of water). Part III.SITE SPECIFIC INFORMATION 1.Land Use: Describetheexistingandproposedlanduse: •Existing? Proposed? •Does the site have any known contaminants? D YES,•NO •If there areknown contaminants,hasa Phase I audit been completed?If yes,acopy of Phase I Environmental AuditcertifiedtoMiami-Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. ••YES •NO 2.Site Plan: Does the proposedactivityincludeanewstructure(s)orsite improvements onasiteofone (1)acre or more? D YES .•NO If yes,a site plan must be provided.Proiect(s)will not be environmentally reviewed without a site plan. 3.Photographs: Does the activity include new construction,renovation or rehabilitation? D YES D NO If yes, photographs mustbe provided of each side (front,rear and sides)ofthe structure(s) proposed for assistance and thebuildingsonthe adjacent lots.The photographs shallbe identified by address.In addition,provide for each existing structure onthe site,the following information: •Existing structure(s)on site?[]YES •NO •Estimated ageofstructure(s)? 4.Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? D YES D NO If yes,what is the estimated cost of rehabilitationor renovation? Whatistheamountsought for funding? In addition,indicate ifthe estimated value ofthe improvement represents: •0 to 39.9 percent of the market value of the structure(s) •40 to 49.9 percent ofthe market value ofthe structure(s) •50 to 74.9 percent ofthe market value ofthe structure(s) •75 percent or more ofthe market value of the structure(s) 5.Phase I Environmental Audits: ZZ!J£!!£'n?™3CtiVity inVf 51?the transfer 0f any pr°Perty-new construction,majorrenovationsof75%or more of the structures'market value,or a securing of a loan for nonresidential parcel?a •YES •NO lf TV.^0^?f ™ase 'Environmental Audit certified to Miami-Dade County must be E^iJSr *"Hke,y Pr6SenCe °f 6ither are'eaSe "^ened^ease of An audit is a review of a site and adjacent properties and involves preparing a history of ownership,land use and zoning for the last 50 years;researching environmental records for information on hazardous waste sites,hazardous facilities,solid waste/landfill facilities and underground storage tanks (available through the Department of Permitting Environment andRegulatoryAffairs(DPERA).Florida Department of Environmental ProtectoI FDEP)and U.S Env.ronmental Protection Agency (EPA));and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. HasaPhase I been performed? 6.Environmental HealthInformation: •YES •NO •If a residential site,and the activity includes or involves rehabilitation,has it been inspected fordefectivepaintsurfaces?K •YES If yes,please submit the results. •NO —bod 6?any Ch'ld Und6r thS a9e °f S'X 3t thS S'te bee"teSted f0r elevated leve,s of lead 'n the •YES If yes,please submit the results. 7.Other Site Information: 2. 3. 4. J. 6. Flood insurance required? Public water available on site? Public sewer available on site? Children under 6yearsofage residing on site or relocating tosite (including day care facility)? Hazardous waste disposal facility? Storage of hazardous materialsonsite? 7.Abandoned structure(s)onsite? •NO YES NO Part IV.SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. 2. 3. 4. For all projects:Submit street/plat mapsthat depict location of property in the County and/or City withthe location orlot clearly pointed out. For new construction projects:Submit ascopeof service,an itemized budget,andasite plan. For housing/building rehabilitation projects only:Submit a scope ofservice,an itemized budget describing the major components ofthe rehabilitation program planned,anda photograph of the property. For historic proprieties,include:Submit photographs ofthe property,and a description of any adjacenthistoricpropertiesthatmaybeaffectedbyyour activity. PartV.CERTIFICATION I certify to the accuracy of the information provided.I understand that all funded activities must have an approved environmental review clearance prior tothecommencementof projects.I clearly understandthatanyomittedand/orincorrect information will delaythe initiation ofthe environmental review process by the PHCD staff.As such,I am aware that omitted information could delay thecommencementofmy 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 formand attachments to: Project Management Division PublicHousingandCommunity Development 701NW1st Court-14th Floor Miami,Florida 33136 TYPESOFACTIVITIESANDENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT*CENST**CEST***CA**** Economic Development New Construction Rehab Non-Construction/Expansion X X1 X X2 Housing Single Family Rehab Multi-Family Rehab New Construction Homeownership Assistance Affordable Housing Pre-Dev. X X X X1 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 X X X X X Type of Publication No Public Notice/No RROF No Public Notice/No RROF No Public Notice/No RROF (No Statutory Requirement Triggered) Or Publish NOI/RROF (Statutory Requirement Triggered) Publish FONSI and NOI/RROF Estimated Time Frame (Excluding Triggered Statutes) 30-45 Days 30-45 Days 45-90 Days 90 Days Minimum X If for continued use and change in density (or size)ofless than 20% X Change indensity(orsize)ofmorethan20% Exempt Exempt Activities **CENST Categorically Excluded and Not Subject to 58.5 ***CEST Categorically Excluded Subject to 58.5 EA Environmental Assessment (Format II) p&?kz CD/43/31413 # S2S2HBB'PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS 5°i -G>dOQ<m FederalEmployer Identification Number(FEIN) A)Nam/of Entity,ln9Mduat(s Aita** Idual(s).PartnersorCorporation Sti Uniform Affidavits Dun&BradstreetNumber (D-U-N-S*) 8)Doing Business As (If same asfine A,leaveblank) >tffeet Address(P.O.BoxNumberis not permitted)City Stale (U.S.A)Country ZipCode 1.MIAMI-&ADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec 2-6.1 ofthe Miami-Dade CountyCode) Firmsregisteredtodo business with Miami-Dade County,shallrequirethepersoncontractingortransacting such businesswith theCountytodisclose under oathhisorher full legalname,andbusinessaddress.Suchcontractortransaction shall also require the disclosure under oath of the fulllegal name and business address ofallindividuals having any interest (legal,equitable, beneficialorotherwise)inthe contract other than subcontractors,materialmen,-suppliers,laborersor tenders.Postofficebox addresses shallnotbe accepted hereunder.If the contractor business transactionis with acorporationtheforegoing information shallbeprovidedfor each officeranddirectorandeachstockholder holding,directlyorindirectly,five(5)percent ormoreofthe outstandingstockin the corporation.If thecontractorbusiness transaction iswithapartnership,the foregoing information shall beprovidedforeach partner,ifthecontractorbusiness transaction iswitha trust,the foregoing information shallbe provided for thetrusteeandeachbeneficiaryofthetrust.The foregoing disclosurerequirementsshallnotapplytocontractswith publicly- traded corporations,ortocontractswiththeUnited States oranydepartmentor agency thereof,the State orany political subdivisionor agency thereof,or anymunicipalityofthis Stale.Useduplicate page if needed for additional names. If no officer,director orstockholder owns (5%)or more ofstock,please write "None*below. PRINCIPALS I FULL LEGAL NAME TITLE ADDRESS OWNERS CHECK BOXES BELOW GENDER RACE/ETHNICITY FULL LEGAL NAME TITLE ADDRESS 3l //a percentage ofthe firm isowned by a pubticfy traded corporation,indicatebelowinthe space "OtherCorporations'. OTHER CORPORATIONS Pagel of9 CD/42/31413 # M1AI PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits 2.MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No.90-133,amending Section 2.8-1(d)(2)ofthe Miami-Dade County Code) The following informationisfor compliance with airitems inthe aforementioned Section: 1.Does your firm havea collective bargaining agreement with Its employees?Yes 2.Does your firm provide paid hearth care benefits for its employees?Yes No No 3.Provide a current breakdown (number of persons)inyourfern's workforce indicating race,national origin and gender. NUMBER OF EMPLOYEES Males Females White ; •Black Hispanic Asian /Pacific Islander Native American /Alaskan Native Other TotalNumberofEmployees I Total Employees 3.MtAM&ADE EMPLOYMENTDRUG-FREE WORKPLACEAFFIDAVIT (Section2-8.1.2(b)ofthe Miami-Dade CountyCode) Atrpersons and entities that contract with Miami-Dade County are required to certify thatthey will maintain a drug-free workplace and such persons and entities are required to provide notice to employees and impose sanctions for drug violations occurring in the workplace. In .compliance with Ordinance No.92-15 oftheCodeof Miami-Dade County,theabove named firm is providing a drug-free oricplace^AJwritten^temenUojeach-e^. 1.Dangerofdrug abuse intheworkplace 2.The firm's policy of maintaining a drug-free environment atallwork places 3.Availability ofdrug counseling,rehabilitation and employee assistance programs 4.Penalties thatmaybeimposeduponemployeesfordrugabuse violations The firm shall also require an employee tosigna statement,asa condiUon of employment thatthe employee will abide bythe terms ofthe drug-free workplace policy and notify the employer ofany 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 orentity is required to havea drug-free workplace policy by another local,stateorfederal agency,or maintains sucha policy ofits own accord andsuch policy meetstheintentofthis ordinance. 4.MIAMI-DADECOUNTY DISABILITY AND NON-DISCRIMINATIONAFFIDAVIT (Article 1,Sectfwi 2-8.1.5 Resolution R-182-00 Amending R-385-95 ofthe Miami-Dade County Code) Firms transacting business with Miami-Dade County shall provide an affidavit Indicating compliance with ail requirements ofthe AmericanswithDisabilitiesAct (A.DA). I,statethai this firm,is in compliance with and agrees to continue to comply with,andassure that anysubcontractor,or third party contractor shallcomplywith all applicable requirements ofthelaws Including,butnot limited to,those provisions pertaining to employment,provisionof programs andservices,transportation,communications,access to facilities,renovations,andnew construction. The American with Disabilities Actof1990(A.D A),Pub.L.101-336,104 Stat 327,42 US.C.Sections 225and 611 including TitlesI,II,III,tV andV. TheRehabilitation Act of 1973,29 U.S.C.Section 794 TheFederalTransit Act,as amended,49U.S.C.Section1612 The Fair Housing Actasamended,42U.S.C.Section3601:3631 Page 2of9 CD/42/31413 MIAMM3 _ PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits /.hereby affirm that t am in compliance with the below sections: Section 2-10.4(4)(a)of the Code of MiamWade 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 ofthe Code of Miami-Dade County,which requires that firms that have annual gross revenues in excess of five (5)million dollars have an affirmative action plan and procurement policy on file with Miami-Dade County.Firms that havea Board of Directors that arerepresentative ofthe population make-up ofthenation maybeexempt 5.MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFHDAVIT (Section 10.38 of theMiami-DadeCountyCode) Firms wishing todo business with Miami-Dade County must certify that it's contractors,subcontractors,officers,principals, stockholders,or affiliates arenot debarred bythe County before submitting a bid. I,'confirm that none ofthis firms agents,officers,principals,stockholders,subcontractors or their affiliates are debarred by Miami- Dade County. MIAMI-DADE COUNTY AFHDAVIT RELATING TO INDIVIDUALS AND ENTITIES ATTESTING BEING CURRENTIN THEIR OBUGATIONS TO MIAMI-DADE COUNTY (Ordinance 99-182,amending Section 2-8.1;Ordinance 00-30,amending Section 2-8.1 (c),andOrdinance 00-67,amending 2-81 (h),of theMiami-DadeCounty Code)I Firms wishing to transact business with Miami-Dade County mustcertify that all delinquent and currently due fees,taxes and parking tickets have been paid andno individual or entity in arrears in any payment under a contract,promissory note or other documentwiththeCountyshall be allowedtoreceiveanynew business. I,confirm that all delinquent and currently due fees or taxes Including,but not limited to,real and personal property taxes, convention and tourist development taxes,utility 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. 7.MIAMI-DADECOUNTY CODE OFBUSINESSETHICSAFFIDAVIT (Article 1,Section 2-8.1 (i)of the Mlamf-Dade County Code through (6)and (9)ofthe County Code and County Ordinance No 00-1 amendingSection 2-11.1(c)oftheCountyCode) Firms wishing to transact business with Miami-Dade County must certify that if has adopted a Code that complies with the requirements of Section 2-8.1 ofthe 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 rules and regulations. I confirm that this firm has adopted a Code of business ethics which complies 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. 8.MIAMI-DADE COUNTY FAMILY LEAVE AFFIDAVIT (Article Vof Chapter11,ofthe 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)or more work weeks in the current or preceding calendar year,are required to certify that they provide family leavetotheir employees. Firms with less than the number of employees indicated above are exempt from this requirement,but must indicate by letter (signed by an authorized agent)that ft does not have the minimum number ofemployees required by the County Code. I confirm that if applicable,this firm complies with Article Vof Chapter 11 of the 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 work weeks in the current or preceding calendar year are required 1o certify that they provide famtty.leave to Page3of9 CD/42/31413 MjmwSmS! PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits their employees. ft MIAMI-DADECOUNTY UWG WAGE AFFIDAVIT (Section 2-8.9 oftheof the Miami-Dade County Code) A8 applicable contractors entering info a contract with the County shall agree to pay the prevailing living wage required by this sectionoftheCountyCode** Iconfirm that ifapplicable,this firm complies With Section 2-8.9 of the County Code,which requires that ail applicable employers entering,a contract with MiamH)ade County shall pay the prevaiBng living wage required by the section of the County Code. fft MIAMI-DADE COUNTYDOMESTIC LEAVE ANDREPORTING AFFIDAVIT (Article 8,Section 11A-6Q-11A-$Joflhe of the Miami-Dzde County Code) nrms wishing to transact business with Miami-Dade County must certify that His in compliance with the Domestic Leave Ordinance. I confirm that ifapptjcable,this firm complies with the Domestic Leave Ordinance.This ordinance applies to employers that have. mthe;regular course ofbusiness;fifty (50)or rhore employees.working in Miami-Dade County for each working day durinq the curTentorprec^dingcalendaryear..-.•»*» i 1.MIAMI-OAOE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8Mvrth$Mam.i-pade County Cocfe} the individuai or entity entering into acontractor receiving funding from the County this affidavit been convicted ofa fefony during the past ten (10)years,has \/hihas not as ofthe date1 of An officer,director,or executive of the entity entering irito a contract orreceiving funding from the County notasofthis date been convicted ofa felony durinq the past ten(10)years.•••_..-has J^_has Sworn to and subscribed before me this 20 S& Personally known, Or produced iderifiifcafion m .Notary PublioSfate of. (Type of identification) .My commission expires Per /&'***%?// "4 4 CjhftcM typedpr stamped commissioned name of notary public) Page 4 of 9 CD/42/31413 ssssaaaF public housing and community development (phcd) ATTACHMENT E AFFIDAVITS Uniform Affidavits SWORNSTATEMENT PURSUANT TO SECTION 287.133 (3)(a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORMMUSTBESIGNED AND SWORNTO IN THEPRESENCEOFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.. 1.-This form statement is submitted to mlCLMt ~QcJLi (jM)\ by $I/J&n &fllU^r\Atr ,GcLj fljfLnUL (Print individual's name aftd title) for Lh+A A<t c4*WrVi AAifrn*'&^1 (ifdtillh /Lt. J 1 (Print i(Printnameofentity submitting swornstatement) whose business address is /j?/3*JLhSC-h D*tf*flAiCLfii t,pL ^>3>l^3 and if applicable its Federal Employer Identification Number (FEIN)is S*}-6&bLfe).If the entity hasno FEIN,include theSocial Security Number ofthe individual signing this sworn statement 2.-I understandthata "public entity crime"as defined in paragraph 287.133 (1)(g),Florida Statutes,means a violation ofany state orfederallawbyaperson with respectto,and directly relatedtothe transactions of business with any public entity or with an agency or political subdivision of any other stateor with the United States,including,but not limited to any-bid or contract for goods or services tobe provided to public entity or agency or political subdivision ofany other stateorofthe United States and involving antitrust,fraud,theft, "bnbery,collusion,racketeering,conspiracy,or material misinterpretation.'~ 3.-1 understand that "convicted1'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 tocharges brought by indictment or information after July 1,1989,asa result ofajury verdict,non-jury trial,orentryofapleaof guilty or nolo contendere. 4.-1 understand thatan "Affiliate0 as defined in paragraph 287.133 (1 )(a),Florida Statutes means:r a)Apredecessoror 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 ofthe entity and who has been convicted ofa public entity crime.The term "affiliate"includes those officers,directors, executives,partners,shareholders,employees,members,andagentswho are activeinthe management ofan affiliate.The ownership byonepersonofshares constituting a controlling interest in anotherperson,ora pooling of equipment or income among persons when notforfair market value under an arm's length agreement,shall bea prirfia 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 crimeinFloridaduringthe preceding 36mothsshallbeconsideredan affiliate. 5.-1 understand that a "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 of the United States within the legal power to enter into a binding contract and which.bids or applies to bid on contracts for the provision of goods or entity.The term "person"includes those officers,executives,partners,shareholders,employees,members,and agents who are activein management ofanentity. Page5 of 9 CD/42/31413 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits t~<h5S£.fs!c?nf0fH,atiif!aN MS*tN?d^wnSnt which I.have marked below is true in relation to the entitysubmittngthisswornstatement(Please indicate which statement applies)-™ v/JteHher the entity;submitting sworn statement,nor any of its officers,directors,executives partners 5«?^"J**8?'mT^re'*Wftb.Ww are active in the management of the etfh^Sy aSoftheenfity.has been charged with and convicted of a public entity crime subsequent to July 11989. ^S^hnSLen?fUbmitBn9 •*!?^Wpm stetefr*nt.or one or more of its officers,directors,executives-partners«£%£?*'^£yfs',n?embefs«or agents who are active in the management of me entity cT5'aS?oftXZft'SFfi&i**?^y had ^•****»•a"d convicted ofapublic «5y?riSubse?aentoJuly1,1989,AND (please indicate which additional statement applies)..suosequent rfSsJS e1feIy fubmittin?M*sworn statement,or one or more of its officers,directors,executives partnersshareholdersemployees,member*or agents who are active in the management of the entito no^nvtffiS£the enjg has been charged with and convicted of apublic entity crirne subseduen^SSSSbSSlHeS3S2rlSSgS;iS?*"V?lA^fnilUve HeLgs and the Si SSS&Sgft!Hearing Officer determined that it was not in the public interest to place the entity submittiha this sUmstatementontheconvictedvendorlist(attach acopy of the final order):"8UDmWn?mis sworn I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFIPPR eno "mePUBLICENTITYIDENTIFIEDINPARAGRAPH1(ONE)ABOVfrlS IFOR THA^BUC^VnSv'2/hTHATTHI$FORM IS VALID THROUGH DECEMBER 31 OFW^Sa^S^S^S^ilfS'-IALSO UNDERSTAND THAT |AM REQUIRED TOINFORM THATTOB^Q^1^^'SiKr SI°D,^<l0NTRAGT IN EXCESS <*'™E THRESHOLD>AlKMr ISSwom IN^eSSi^SS?thSf^rmTATUTES F°R ACATEG0SV ™>'^'cHAtf*^ Sworntoand subscribed before me this Personally known_J__ Or prodded Wentffic^pfl ^___Motery Pu^s^fe of ^^^X^ -My commission Expires $<t^/£<ctQ/s(Type of klentiffcatlon) a .. edi typed of stamped commissioned name ofnotary public) 4*/* a*^*2E**£2& Page 6of9 CD/42/31413 mMWSm PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST i.-Doyouhaveany past due financial obligations with Miami-Dade County? YES NO/ Single Family House Loans .y Multi-Family Housing Rehab y CDBG Commercial Loan Project V U.S-HUD Section 108 Loan iA Other HUD Funded Pro Other(liens,fines,loam IfYES,p|ea$e explain: Other HUD Funded Programs ^^V/ Other (liens,fines,loans,occupational licenses,etc.)__._* 2.-Do you haveanypast due.financial obligations with Miami-Dade County? YES NQy If YES,please explaiin: 3,-Areyouarelativeof6rdoyouhaveany business,or financial interests with anyelected Miami-Dade County official,Miami-DadeCountyEmployee,pr Memberof Miami-Dade Count/s Advisory Boards? -YES NQ-V. IfYES,piease explain; Any .false InfbrmaQoii pfovidfedoQjhisLajpdavU will be reason for rejection and disqualification ofyour project^ftindlng request to Miarni-Dade County arecorrectlystatedtothebestofrny knowledge andbelief. ifApplicant)*\(Cfete) Sworn to and subscribed before me this ^Py day of Personalty known y*"^. Or produced identification s Notary Public-State of.,—•-- ,_bMy commission expires r ^^/<&.**&f / (Type of identification) I,typedor stamped commissionednameofnotary public) age 7of 9 CD/42/3i4i3 jSBMriF PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENTE AFFIDAVITS Uniform Affidavits COLLUSION AFFIDAVIT (CbdeofWamhDade CountySection 2-8AJ and 10-33.1)(Ordinance No*08*113) BEFORE ME,A.NOTARY PUBLIC,personally appeared <\j$lMriJ*l\lfa*rdbUyNha being duly swornstates:(insertnameof affiant) I amover18yearsofage,havepersonalknowledgeofthefactsstated in thisaffidavitand lam an owner,:officer,director,principal shareholder and/or I am otherwise authorized to bind the bidder of this contract te that the bidder of this contract (s hot related to any-ofthe other parties bidding in the competitive solicitation,and that the contractor^proposal is genuine and not sham or collusive ormade in the interest.or on behalf of any person hot therein named,and that the contractor has not,direptfy or indirectly,induced or soljdted any other proposer to put ina sham proposal,or any other person,firm,or corporation to refrain from proposing,and that the proposer hasnotin any manner sought by collusion to secure totheproposeranadvantageover ariVothef proposer. OR D is related tothe 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,Iri theeyenta recommended contractor identifies related parties in t.he competitive solicitation its bid Shall be presumed to be collusive and the recommended feontractor 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 bidi or proposals. Related parties shall mean bidders or proposers or the principals,corporate officers,and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement ofin which afferent company orthe principals thereof of one (1)bidder dr proposer have a direct or indirect owpei^filpfm proposer for the same agreement Bids of proposals foundjfci^^*" By:^P^^^^^^^^^^^^/2Q;/JT^ Signature of.Affiant J qjate '' printed Name of Affiant and Title Federal Employer Identification Number 7 ^PrintedPrinted Name of Firm - *iilftfr^DrtWe ,hiAmi t PL ^M\ Address of Firm Page 8of 9 CO/42J31413 gm&Wmfr PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) WACHMENTE AFfrDAVlfS Uniform Affidavits SUBSCRIBED AND SWORN TO (or affirmed)before me this ^/_day of r2Q /s- asJje/She is personally known tome or has presented, Identification.Type pf Identification MW4 JM~m r s Sighaturefof Notaiy<? Print orStamp Name of Notary Notary Public -Stateof T Page 9 of 9 rial Numbiej Expiration Date Notary Seat CD/42/31413 DEVELOPER'S AFFIDAVIT THAT RB1AMI-DADE COUNTY TAXES, ...FEES AND PARKING-nqKETS HAVE BEEN PAID (Section 2-8;1 (c)ofthe Code of Miami-Dade County,asamended by Ordinance No.00-30) and THAT DEVELOPER IS NOT IN ARREARSTO THE COUNTY (Section 2-&1(h)ofthe Code ofMiami-Dade Cpunty,as amended by Ordinance No,00-67) foregoing statements are true and correct y being first duly sworn,hereby stateahd certify that the 1,That I amthe Developer (ifthe Developer isan individual),or the the position held with the Developer)ofthe Developer,£filljn the title of 2.That the Developer has paid ail delinquent and currently due fees or taxes (including but not limited to, real and personal property taxes,utility taxes,and occupational taxes)collected in the normal course by the MiamHDade Coiinty Tax Collector,arid County issued parking tickets for vehicles registered in the name,of the above developer,havebeen paid. That the Developer is not In arfears in excess of the enforcement threshold under any contract,final non-appeasable judgment,or fieri with Miami-Dade County,or any of its agencies or iristnimentaffties including the Public Health Trust,either directly or indirectly thrxiugh a firm,corporation,partnership or joint venture irt 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 (fen with Mramf-Pade County that exceeds $25,000 and has.been delinquent for greater than 180 5*aVs-Foroj^e^g^Tiereof,the term "controlling financial interest"means ownership,directly or Indirectlyr^T feri percent or more of the outstanding capital stock in any corporation,or a direct or injfiriect interest ofterusafcent or more in ajfrm,partnership,or other business entity. 20 /r§f ,^-^^igfrature of Affiant <%an X 4fa/irsd*r AJLJ^^^"^/^/^?A^ Erinted-Name^^f3SantsfedJ1tle -FederaLEmplayer-ldentjfjcatioTwNumber- PriptedNamedfFjrm &$Q JtoXHrfa's*.,Mt^.ttr ^/V? Address of Firm SCRIBED ANDSWORN TO (or affirmed)before me this ^7 day of idl^L^r 20 /S By. Mfema Print orStampNameof Notary , Notary Pubiic-*$tate of (XjZfadL *>r.Jje/Sfteis ^personally known tomeor has presented .asTdentificafion. Serial Number .ExpirationDate CERTIFICATION REGARDING LOBBYING Certification for Contracts.Grants.Loans and CooneraoVe Agreements liteundersigned certifies,to fee best ofhis or her knowledge and belief,that: 1.-No Federal appropriated foods have been paid or will be paid,by or on behalf ofthe undersigned,to any person for influencing or attempting to influence an officer or employee ofan agency,aMember ofCongress,an officer or employee ofCongress, or an employee ofa Member of Congress in connection with the awarding ofany 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 %If any ofthe 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 ofCongress 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,"in accordance with its instructions. 3..The undersigned shall require that the language of this ce^ftcation be included in the award documents for ajlsabawards at all tiers (including subcontracts*subgrants, •.andcontraefs under grants,loans^and cooperatiye agrarnent in excess of $100,000)• "and that allsubrecipients shall certify anddisclose accordingly.•''" This certification is amaterial representation of fact upon which reliance was placed when this transaction was made or entered into.Submission ofthis certification is a prerequisite for.making or entering into this transaction imposed by section 1352, title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of.notjess thari $10,000 and not more than $100,000 for eachsuch failure.-«=»=- By: (Print|S?ra«»rRrma«aA«l^oriik,ReptMentaUYe)'" Title: Date: (Signature o{Authorized Representative) •k^M^tTL Soutrr Miami THlCtTYQF PLEASANT LIVING DISCLOSURE ABOUT RELATED PARTIES August 20.2015 THERE ARE NO BOARD MEMBERS OF THE CJT^OTSOmHMAMI WHO HAVE ANY RELATIONSHIP PR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT INA CONFLICT WITH THE CITY OF SOTTTH MTAMT hppp att^xtc City of South Miami |6130 Sunset DriveJ South Miami,FL 33143-5093 305.663,6338 [southmiamifl.gov Miami-Dade County Contractor Due Diligence,Affidavit Per Miarra-Oade County Board ofCounty Commissioners (Board)Resolution No.R-63-14;County Vendors and Contractors shall disdpse the follpvyjng as a condilkwi ofaward for any contract that exceeds one million dofers ($1,000,000)or that otherwise must be presented to the Board for approval: (1)Provide a list ofail lawsuits In the five (5}years prior to bid or proposal submittal that have been filed agafosl the firm,its directors,partners, principals and/or board fttembers based on a breach ofcontract by the firm;Include the case name,number,and disposition; (2)Provide a list ofany instances in the five (5)years pnor to bid or proposal submittal where the firm has defeulted^inclyde a brief deseripfion of thecircumstances; (3)Provide a fist of any instances In the live (5)years prior to bid or proposal submittal where the Jirm has been debarred or recdved a formal nofce of non-compfiance or non-performance,such asa hofo to:aire or a suspension from parfidpatihg or bidcfing for contracts,Whether related to Miami-Dade County ornpL All ofthe above ^formation shall be attached lb the executed affidavit and submitted tothe Procurement Contracting Officer (PCO)/AE Selection Coordinator overseeing this solicitation*The Vendor/Contractor attests to providing all oftheabove information,ifapplicable,fo thePCO. Contract No.; Federal employeridentificationNumber (FEIN):>*/^^006 ^3j ^ContractTitte:S/a)I'tH*SfrMt Addressof Firm Notary Public-State of Subscribed and sworn to (or affirmed)before met by ^(Ufih rjl/tpjfaV Type of Identification produced •Piint orStampof Notary PubJfe 2/2014 Zip Code NotaryPublic Information __Gountyof f-fUA&*uU%~-£«g tome .b^orhas produced i&nliljcation 0e.fl-&,%>/'7. Expiration Date ^^^Smiam^dade:PUBLIC HOUSING AND COMMUNITY DEVELOPMENT ETHICS DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS Applicant City Of Spifth Miamj M^g 613Q Sunset Drive,South Miami,FL Co-Applicant:N/A E-maii Address:jkorth@southmiamifl.gov Address: Zip Code: Telephone: 33143 305-668-2514 The Miami-Dade County Conflict of Interest andCodeof Ethics at Sea 2-11=1 (c)(5)(5)allows County Employees and their immediate,family members to apply for direct,housing assistance programs from the County's Public Hqusing and Community Development department (PHCD)ifthey meet certain conditions,and if the following criteha aremet Check if any ofthe following applies toyou; 1..Please mark the PHCD Program you areapplying for; D Section 8 Housing Choice Voucher (HCV)• D Project-Based Voucher (PBV)• •Veterans Afeir Supportive Voucher (VASH)• D Moderate Rehabilitation Q •Substantial Rehabilitation • •ShelterPlus Care (S+C)0 PublicHousing Rental Tenant-Based Rental Assistance (TBRA-maKimum 2 years) Home-ownership Program (SecondMortgages). Home-owner Rehabilitation Program Home-owner Beautittcation Program Other (please list):CPBG 2.Mark thetypeof participation ypu areseeking for the program marked above: •Owner/Landlord Q Housing.Assistance Applicant 31 El f/we donot currently work for Miami-Dade County. 4 U\i/we am/are aSchool Board or Federal Employee!These,employeesaresnot covered under Section 2-111 nf the Miami-Dade CountyConflict ofInterestandICode of Ethics Ordinance. IF YOU MARKED BOXES 3OR4,NO FURTHER ACTION IS NEEDED.THE PHCD REPRESENTATIVE MUST PLACE THIS FORM IN APPLICANT'S FILE. I/we am/are a Mjami-tiade County Employee (including Jackson Public Hearth Trust Employees). 5.Q Please provide the department anddiyision yog are working for. 6,• 7.• l/we am/are anappointedorelectedCounty Official. I/we am/are Immediate family toa Miami-Dade County employee,appointedorelected official. (*)lmrnediaie family is defined as spouse,domestic partner,parents,stepparents,children and stepchildren. Pleaseprovide the following-information regarding the Miami-Dade County employee,appointed orelected official; Nameofemployee,appointed, or elected official: Department,,Division,or Board: IF YOU MARKED BOXES 5,6,or7,THE APPLICANT MUST OBTAIN THE REQUEST FOR OPINION APPLICATION AT http:tohics.miapildade.Qov/freouentlv-used-lorms,asb.THE APPLICATION MUST BE FULLY COMPLETED ANDr SENT TQ THE CONTACT PERSONJN©fCATED>mERSOfcUN£*C Signature of Applicant Signature of Co-Applicant:Ml Warning:Tttle 18,US Code Section 1001\states,that a person who knowingly and.willingly makes:false or fraudulent statements to any Department orAgency ofthe United States is guilty ofa felony.State law may also provide penalties forfaise orfraudulent statements. ALC/AM^VCD/1^S2414/V4 *>* County Construction Sign (Onlyareas circled are subject tochange) Q GOB •NON GOB 4'x 8'Construction Signs •In Ground Q A-Frame 1 Sided •A-Frame 2 Sided Email this form to: Brian Williams:brianw@miamidade.gov and Herhan Lopez:lopezh@miamidade.gov Sign is 4'X 8'with 12'post rj Place check mark in box after '"J location has been marked. Once location has been marked submit signage request form HJLjL&uiinjbJMx ir Services Ticket Quantity required Project Manager Name: Department:. Address: Phone Number: Index code Project Name Project Number District Commissioner Check if ARRA Funded Q Yes a No MustindicateFederalDepartmentand/or State Departmentifapplicable OtherFundingSource (Max 3-logos) For GOB Projectsonly Sign location address Plusspecificlocationofsignplacement PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT G FAIR SUBCONTRACTING POLICIES (Ordinance 97-35) FAIR SUBCONTRACTING PRACTICES In compliance with Miami-Dade Cour\ty Ordinance 97-35,the Developer submits the following detailed statement ofitspoliciesandproceduresof awarding subcontracts: $JL dtft^sCVVLbdi I hereby certify thatthe foregoing information Is true. Signature of Authorized Representative: Title:Qjt^m*4LA£M Firm Name:.t&*^ Address:6>l36 rJMrt&t'h LMj/^ citv:Jf£i&£*->,PCState: Telephone:frfrr--x*mo Date: Fed.ID No:tf-UMOftl Zip Code:. Pax:{_). CD/39/31313 South'*Miami ii«»iiv en j'i.t.ASANT f ivjm: PURCHASING POLICY The purchasing policy isinaccordancewithCityof South Miami CharterArticle III,Section 5 (Power and Duties)and Florida StatuteChapter 287. Purchases less than $5,000.00.Purchases of,or contractsfor,materials,supplies,equipment, improvements or servicesforwhich funds areprovidedinthebudget,wherethetotalamountto beexpendedisnotinexcessof $5,000.00,maybemade or entered intoby the City Manager without submittal to the Gty Commission andwithout competitive bidding.Single purchases or contracts in excess of $5,000.00 shall not be broken downto amounts less than $5,000.00 to avoidtherequirementsofthissubsection.Purchasesoflessthan$1,000.00 do not require: -Purchase orders -SealedCompetitivebids Purchasesoflessthan$5,000.00but greater than $1,000 do require -A minimum of3 written quotesfrom3different vendors unless piggybacking offan existing governmentalcontract,which waspartofanacceptablecompetitivebidprocess. -Anapprovedpurchase order -Must have been included inthe original budget or received approval from the City Manager. Purchases morethan $5,000.00 butless than $25,000.00.Purchases of or contracts for materials, supplies,equipment,improvements or servicesforwhich funds are providedinthebudget,where thetotalamount to beexpendedisinexcessof $5,000.00 but which doesnotexceed "$25;000^00,may be made or entered~into~^~the^CiQTManager Witir^ubTnit^1~tonthe"Ci^- Commission andwithout competitive bidding,but shall requirethatthe City Manager obtain quotes from atleastthree different vendors.Single purchases orcontractsin excess of $25,000.00 shall notbe broken downto amounts less than $25,000.00 to avoid the requirements ofthis subsection.Purchases morethan $5,000.00 but less than $25,000.00 require: -ApprovalbytheCity Manager beforetheexpenditureismadeor funds committed. -A minimum of3written quotes from 3 different vendors unless piggybacking off anexisting governmental contractwhichwas part ofanacceptable competitive bid process -City Commission approval Purchases in excess of $25,000.00.Purchases in excess of $25,000.00 shall be in compliance with the competitive bidding requirements.Purchases in access of $25,000.00 require: -Competitive bid process unless piggybacking off an existing governmental contract which waspartofan acceptable competitive bid process -Purchase ordersmustbe obtained before anexpenditureismadeor funds committedandapprovedbytheCity Manager, -CityCommissionapproval ♦The Gty Commission in FY 2015 may be adopting a Purchasing Ordnance which wilt supersede the Purchasing Policy,within the ft 2015 Budget Document CITY OF SOUTH MIAMI BUDGETFY 2014-2015 20 ATTACHMENT H PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) Firm ^vNameofPrimeContractor/Developer I/Ma OT cfO^i.(Li** This form*or a.comparable listing meeting the requirements of Ordinance No.97-104>MUST be completed .bythe developers on County contracts tor purchase of supplies,materials orservices,including professional services,which involve expenditures of $100,0.00 or morfe,arid fill developersonCountyor 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 on the contract The developer should entertheword ^NONE"underthe apprppriate headingonthis form inthoseinstances where no subcontractors or suppliers will be used on the contract Thedeveloperwhoisawardedthe contract shall riot chahgeor substitute first tier subcontractors,direct suppliers or |he portions ofthe contract work to be.performed,or materials tobe supplied from those identified^except uponwritten approval ofthe County. loertify thatthe representations contained'in this Subcontractor/Supplier Listing are to.the best ofmy knowledge true and accurate. hflh Signature DeveSignatureDevelopers) Date PnmName .^ Augjofk^Representative (Duplicate if additional spaceisneeded) Page 1of1 CD/S3/31413/V