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Res No 153-15-14492RESOLUTION NO,153-15-1 4492 A Resolution authorizing the City Manager to execute FY 2015 Community Development Block Grant agreement as well asloan documents and other documents required by the agreement with Miami-Dade County Public Housing and Community Development (PHCD)for the SW 64th Street Bike Lane and Street Improvements Project. WHEREAS,the Mayor andCity Commission desireto accept the grant of aloaninthe amount of $336,000 from Miami-Dade County administered by and through its Department of Public Housing arid Community Development (PHCD)thatmaybe forgiven if all conditions are met;and WHEREAS,the Agreement will provide funding forthe development of abikelaneson SW 64th Street between SW 57th Avenue and 62nd Avenue;and WHEREAS,the Agreement requires matched funding inthe amount of $84,000 fromthe City of South Miami and; WHEREAS,thegrantperiodbeginsonOctober1,2015andendson September 30, 2017. WHEREAS,the Mayor andCity Commissioners desiretohavetheCity Manager execute the grant agreement inan amount of $336,000; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCityManagerisherebyauthorizedtoexecutethegrantagreement,loan documentsandanyrelateddocumentsrequiredbytheagreementwithMiami-DadeCounty Department of PublicHousingandCommunityDevelopment(PHCD)fortheSW64thStreet BikeLaneandStreetImprovementsProjectintheamount of $336,000.Thegrantagreementis attached to this resolution. Section 2;Severability.If anysectionclause,sentence,orphrase of thisresolutionisfor anyreasonheldinvalidor unconstitutional byacourtof competent jurisdiction,the holding shall notaffectthevalidity of theremainingportions of thisresolution. Section 3.Effective Date.Thisresolutionshallbecomeeffectiveimmediatelyupon adoptionbyvote of theCity Commission. Res.No.153-15-14492 PASSED AND ADOPTEDthis _6th day of October 2015. ATTEST:APPROVED: MAY/DR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: 4-0 Yea Absent Yea Yea Yea Soutlr 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:October 6,2015 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 Public Housing and Community Development (PHCD)for the SW 64th Street Bike Lane and Street Improvements project in the amount of $336,000. The Cityof South Miami was awarded funding for the SW 64th Street Bike Lane and Street Improvements (Project)under the Community Development Block Grant (CDBG)Program ina total amount of $336,000 throughMiami-DadeCounty,PublicHousing and Community Development (PHCD).The Agreement requires matched funding in the amount of $84,000 from the Cityof South Miami.People's Transportation Plan (PTP)funds have been allocated to cover these match requirements. The proposed Project is part ofa continuing effortto enhance the transportation system and mobility choices for the residents and visitorsto the Cityof South Miami.This Project was identifiedin the South Miami Intermodal Transportation Plan (SMITP)completedin early2015 with afocusonpedestrian safety and mobility.The Projectincludesbufferedbikelanes,drainage renovations, landscaping,signage,pavement marking and resurfacingalongSW 64thStreetbetweenSW57thand62ndAvenue.Amain priority of thisProjectistoprovidea safer environment for pedestrians, cyclists,and residents bythrough infrastructure improvements. The grant period begins on October 1,2015 and ends on September 30,2017. $336,000.00 with matched fundsof 84,000.00 (PTP) Grant Contract Resolution Number:R-579-15 Duns Number:24628976 Awarded Amount:$336,000.00 CDBG 2015 FY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT Non-Profit CONTRACT BETWEEN MIAMI-DADE COUNTY AND City of South Miami This Agreement (hereinafterreferredto as "Agreement"or "Contract"),byand between Miami-Dade County,a political subdivisionofthe State ofFlorida,hereinafter referredto as "County"andCityof South Miami,hereinafter referredto as "Awardee"andhavingofficesat6130Sunset Drive.South Miami,FL33143-5040,andtelephone numberof(305)668-2514 states conditionsandcovenantsfortherenderingof Community,Economic or Housing activities hereinafterreferredto as "Activity or Activities"fortheCountythroughitsPublic Housing and Community Deveiopmenthereinafter referred toas "PHCD,"and having its principal offices at 701 N.W.1 Court,14th Floor,Miami, Florida 33136,collectively referred to as the "Parties." WHEREAS,the HomeRule Charter authorizes Miami-DadeCountytoprovidefortheuniformhealthand welfareof the residents throughout the County a;and WHEREAS,the Community Development Block Grant (CDBG)Programwasauthorizedbythe Housing and Community DevelopmentActof 1974,asamended,with the primary objectiveof promoting thedevelopmentof viable urban communities;and WHEREAS,theAwardeeprovidesit will develop activities ofvaluetotheCountyandhasdemonstratedan abilityto provide these activities;and WHEREAS,the Countyis desirous ofobtainingsuchactivitiesofthe Awardee,and the Awardeeis desirous of providing such activities;and WHEREAS,the County has appropriated $336.000.00 of CDBG funds(plusanyProgram Income awarded by the Boardof County Commissioners,which shallbeaddedtotheContractby Amendment)tothe Activity SW64th Street,between SW57thAve and 62nd Ave,locatedatSW64 Street between 57th and62ndAvenue.Miami.All CDBG funds,exceptthoseawardedtoCounty Departments and municipalties,areawardedintheform of aloan thatis forgivable ifthe national objective ismet pursuant tothe terms and conditions set forth herein,including but notlimitedto Section II,W(2)(a)(1)-(2);and WHEREAS,the Awardee shall carry outthe Activities defined andset forth in Attachment A,"Scope of Services",in Miami-Dade County orthefocusarea(s)ofthe county.Thiscontract effective startdateis October1. 2015.and shall expire on September 30.2017. NOW,therefore,in consideration ofthe mutual covenants recorded herein,the parties hereto agree as follows: I.DEFINITIONS PHCD Public Housing andCommunityDevelopmentorits 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 Recipient of CDBG funds from Miami-Dade County. Community Development A local agency that is 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 locatedin Miami-Dade Countyfrom which theContractor Subcontract will be performed. Pagel Low-and Moderate-Income individual or Family Very Low Income Individual or Family Contract Records or Agreement Records Federal Award Property Policies and Procedures Manual Subcontractor or Subconsultant Subcontract A person orfamily whose annual income does not exceed 80%ofthe median income for the area,as determined by HUD withadjustments forsmallerand larger families andwithcertainexceptionsasprovided in 24 CFR Part 570. A person orfamily whose annual income does not exceed 50%ofthe medianincome for the area,as determined by HUD withadjustments for smallerand larger families andwith certain exceptionsas provided in 24 CFR Part 570. Anyand all 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 oratthe direction ofthe Awardee orany subcontractor in carrying out thedutiesand obligations required bythetermsofthis contract, including butnot limited to financial booksand records,ledgers, drawings,maps,pamphlets,designs,electronic tapes,computer drives and diskettes or surveys. Any federal funds received bythe Awardee from anysource during the periodoftimeinwhichtheAwardeeis performing theobligations set forth in this contract The real property asdescibedby legal description inany loan documentsexecutedbetween Awardee andthe County andany real propertyofAwardeeorRelatedorAffiliated Entities (asdefined herein) acquired or improved uponwith funds awarded pursuant tothis Agreement oronwhichfundsawardedpursuanttothis Agreement are anticipated to be used. PHCD^s Policies and Procedures Manual f/k/a Contract Compliance Manual may be viewed and downloaded at http://www/miamidade.gov/housing/community-development.asp Anyindividualor firm hiredonacontractualbasisby the Awardeefor 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 theCounty.Awardeeacknowledgesandagreesthatthepurposeof CDBG fundsistobenefit low- andmoderate-incomepersons.Therefore,Awardeeshall carry outthe Activities insuchamanner as to satisfy aNational Objective. B.Insurance Requirements Upon PHCD's notification,the Awardee shall furnish tothe Department's Community and Housing Management Division (CHMD),701 N.W.1 Court,14th floor,Miami,Florida 33136,relevant certificate^)of Insuranc,incompliance with 24CFR 84.31 and24 CFR 84.48as applicable, evidencinginsurancecoverageas detailed in Attachment B-1(N).Theeffectivecoveragestartdate of applicable insurancesshallnotbelaterthanthedateofthe Agreement executionandshallbe approved by Miami-Dade County's Internal Services Department prior toany reimbursement being processed.Allcertificatesandinsuranceupdatesmustidentifythenamesofthe Awardee andthe ActivitybeingfundedthroughthisAgreement.The Awardee shallprovideBuilder'sRiskInsurance and/orFloodInsurance(ifapplicable)upon the issuance oftheNoticetoProceedwithaneffective date for coverage commencing on the Noticeto Proceed date. Page 2 Any changes to the required insurance policies,including coverage renewals,must be submitted to PHCD through a formal notice immediately upon occurrence throughout the Agreement period. If the Awardee fails to submit the required insurance documents in the manner prescribed in these requirements within sixty (60)calendar days after the Board of County Commissioners'approval,the Awardee shall be in default of the terms and conditions of the Agreement. C.Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain inforcefor the duration of the Agreement period,including anyand all option years,if applicable.In the case of construction and major rehabilitation activities,the Awardee must have the coverage cited in Attachment B-1(N)ofthis Agreement at the time that it begins construction on the project.Ifthe insurance certificates are scheduled to expire duringthe Agreement period,the Awardee shall be responsible for submitting new or renewed insurance certificates to the County at aminimumofthirty(30)calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period,the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements;provided,however,that this suspended period does not exceed thirty(30)calendar days.If such suspension exceeds thirty (30)calendar days,the County may,at its sole discretion,terminate the Agreement.Priorto execution of the Agreement by the County and commencement of the contracted services,the Awardeeshallobtainall insurance requiredunderthisSectionandsubmit same totheCountyfor approval.All insurance shall be maintained throughout the termof the Agreement. D.Indemnification TheCountyshallnot assume any liability fortheacts,omissions toactornegligenceofthe Awardee,its agents,servants oremployees;norshalltheAwardeeexclude liability foritsownacts, omissionstoact,ornegligencearisingoutoftheAwardee'sperformancepursuanttothis Agreement.TheAwardeeshall indemnify and hold harmlesstheCountyandits officers,employees, agentsand instrumentalities from anyandall liability,lossesordamages,including attorneys'fees and costs "of defense,which the County orits officers,erripldyees,~agents or instrumentalities rriay incurasaresultofclaims,demands,suits,causes ofactionsorproceedingsofany kind ornature arising outof,relating toor resulting from the performance ofthisAgreementbytheAwardeeorits employees,agents,servants,partners principals or subcontractors.The Awardee shall pay ail claimsand losses inconnection therewith andshallinvestigateanddefendallclaims,suitsor actions ofany kind ornatureinthenameofthe County,where applicable,including appellate proceedings,andshallpayallcosts,judgments,andattorney'sfees which mayissuethereon.The Awardee expressly understands andagreesthatany insurance protection required by this Agreement or otherwise provided bythe Awardee shall inno way limit the responsibility to indemnify,keepandsave harmless and defend the County orits officers,employees,agentsand instrumentalities as herein provided.Nothing herein is intended to serve asa waiver of sovereign immunity by the County nor shall anything herein be construed as consent by the County tobesued by third partiesinanymatter arising outofthis Agreement.Nothing herein shallbe construed to extendtheCounty'sorAwardee's liability beyondthat provided insection768.28,Florida Statutes. The provisions ofthis section survive the termination or expiration ofthis Agreement. E.National Objective In accordance with 24CFR Section 570.208 ofthe federal regulations,the Awardee shall be requiredto achieve thenationalobjectiveof Benefitto Low and Moderate Income Persons or Households (LMI).(See Attachment B-2).Awardee shall execute and deliver to the County, simultaneous with this Agreement,a Promissory Note committing to repay the funds provided by the County pursuant to this Agreement in the event that Awardee fails to meet the national objective.In the event the CDBG funds subject to this Agreement aretobe used for the acquisition or improvement of real property,the Awardee shall also be required to give the County a mortgage or other sercurity instrument tobe determined at the absolute and sole discretion ofthe County Mayor or Mayor's designee in ordertosecurethe loan described inthis Agreement.Title work anda title insurance policy,if so required in the absolute and sole discretion ofthe County Mayor or Mayor's designee in order to adequately secure the loan set forth herein,shall be paid for by Awardee. Awardee understands that the County may be liable to the United States Department of Housing and Urban Development ("HUD")for repayment ofthe federal funds loaned to Awardee pursuant to thisAgreementintheeventthat HUD determinesthatAwardeehas failed tomeetthe national Page 3 objective.AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE,IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE.The County shall have all rights and remedies in law and equity toseek repayment of funds loaned to Awardee pursuanttothis Agreement. F.DocumentsandReportingRequirements The Awardee shall submit documents to PHCD or report on relevant information to PHCD as described below and provide any other documents in whatever form,manner,or frequency as prescribed by PHCD.These will be used for monitoring progress,performance,and compliance with this Agreement and for compliance with applicable County and Federal requirements. 1.Certificates of Insurance The original certificate,asset forth in Attachment B-1(N)tobe received by PHCD within the first month of this Agreement period,and submitted with each payment request, including any renewals,prior to payments made bythe County.The effective dateofthe coverage must coincidewiththebeginningdateofthisagreement. 2.Progress Reports a.The Awardee shall submiteach quarter astatus report using the form attached hereto asAttachmentC,"Progress Report,"asitmaybe revised by PHCD,which shall describe the progress madebythe Awardee in achieving eachofthe Activities,objectives and action steps identified herein,including butnot limited to Attachment A and Attachment A-1. The Awardee shall ensure that PHCD receives each report in triplicate (or as indicated)nolaterthan 10 daysafterthequarterends. The Awardee shall submit toPHCDa cumulative account ofitsactivities under thisagreementby completing the following portions ofthe Progress Report Form: Section I -General Information Section II-Financial Information: The Awardee must report expenditure information basedon approved budgeted lineitemstoreflect all costs incurred duringthe reporting period.In addition,the Awardeeshall report on Program Income,depicting thetwentypercent (20%)to bepaidtotheCountyquarterlyaswellasAwardee'susageof Program Income for each contracted activity. Section III -Status of Contracted Activities: TheAwardeemustreportspecific information regarding thestatusofthe contracted activities,including accomplishmentsand/ordelays encountered during theimplementationoftheprojectandanunduplicatedcountofclients served duringthe reporting period(ifapplicable)for each federally definedethnic category.Awardees engaged inconstructionand/orhousing rehabilitation projects shallreportontheprogressoftheiractivities including thenumberofhousingunits completed and occupied by low-moderate andlow income residents.The Awardee shallalsoreport demographic informationon each headof household. Each goal and corresponding objective(s),as indicated inthe approved Scopeof Services,mustbeaddressedas part ofthis report.Awardeesengagedinjob creation projectsshallreporton the progress oftheiractivitiesincluding the names of businesses assisted,thenumberof jobs createdandtheincome qualification of individualsholding the jobs created. 50%and70%Benchmark Reporting:AtthetimeAwardeehasbeenpaidor otherwisereceivedfiftypercent(50%)and seventy percent(70%)ofthe Agreement Funds,Awardee must report —onthenextprogressreportdue —and submitdocumentationto show sufficienttoshowthat Awardee hasaccomplished 50%and70%,respectively,of the Activities described herein.For Awardees engaged inconstructionand/orhousing rehabilitation projects,Awardees shall Page 4 report on the progress oftheir activities including the number of housing units completed and occupied by low-moderate and low income residents.The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s),as indicated in the approved Scope of Services,must be addressed as 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 &Benefit Data Supplement (the "Supplement")totheQuarterly Expenditure &Progress Report.The Supplement shall be considered apart of the progress reports due pursuant to this Agreement. Section III -Contract and Subcontract Activity Report: Contract and Subcontract Activity Report (FirstandThirdQuarter Progress Report)-The Awardee shall report toPHCD the number of business activities involving minority vendors,including subcontractors performing work under this Agreement.The "Contract and Subcontract Activity Report"Section in Attachment C,and when applicable Section 3inthe same Attachment shallbe completed semiannually by the Awardee and submitted toPHCDnolaterthan 10 days after the first and third quarter. Section IV-Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (FirstandThirdQuarter ProgressReport)-TheAwardeeshallreporttoPHCDthenumberoftargetand service area residents whohave received employment opportunities fromfederally financed and assisted projectsand activities. The NeighborhoodEmploymentOpportunities Report shallbesubmittedusing the ProgressReportFormattachedheretoasaSectionin Attachment C,asitmay be revised.Thissectionoftheformshallbe completed semiannuallybythe Awardee andsubmittedto PHCD nolaterthan 10 daysafterthe first andthird quarter. The Awardee shallsubmittotheCounty,inatimelymanner,anyother information deemed necessary bytheCountytoshowAwardeehasperformeditsobligations set forthinthis Agreement andto show U.S.HUD that Awardee has met the nationalobjective,anditspresentationshallcomplywiththeformatspecifiedat the timeoftherequest.Failure tosubmittheProgressReportsorother informationinamannersatisfactorytotheCountybytheduedateshallrenderthe AwardeeinnoncompliancewiththisAgreement.TheCountymay require the Awardeeto forfeit itsclaimtopaymentrequestsortheCountymayinvokethe termination provision inthis Agreement bygivingfive(5)dayswrittennoticeof such action to be taken. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill thetermsand conditions ofthisAgreement,Miami-Dade County Resolution No.1634-93 will applytothisAgreement.ThisresolutionrequirestheAwardees to file quarterlyreportsastotheamountof Agreement moniesreceived from the County andthe amounts thereof thathavebeen paid bythe Awardee directly to Black,Hispanic andWomen-Owned businesses performing partofthecontract work. Additionally,the listed businessesare required tosignthe reports,verifying their participation inthe contract work and their receipt ofsuchmonies.For purposes of applicabHrty,the requirements ofthis resolution shall bein addition toany other reporting requirements requiredbylaw,ordinanceoradministrativeorder. Page 5 c.Unspecified Site(s)Objective -Ifthe Awardee hasnotyet identified a location to carryoutanyoftheactivitiesdescribedin Attachment A,the Awardee shall submit,in triplicate,Progress Reports,using the form attached hereto as part of Attachment C,ona monthly basis until such time asthe Awardee complies with the provisions contained within Section II,Paragraph F.4.of this Agreement. Copies ofthe 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 bythe Awardee during the previous month.This Progress Report shall not be required if the Awardee is submitting the Progress Reports required bySection II,Paragraph F.2.aand Paragraph F.3. 3-Annual Report (Fourth Quarter Progress Report)and Final Report -TheAwardee shall submit a cumulative status report (hereinafter referred toas "Annual Report")using the "Progress Report"specifiedinSection II,Paragraph F.2.a.above,which shalldescribethe progress madebytheAwardeein achieving eachofthe National Objectives identified in Attachment A during the previous year.The "Annual Report"mustcoverthe 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 toshow Awardee hasmetthe CDBG National Objective.For Activities wherethe National Objective is job creation,the Final Progress Report shall include documentation sufficient to prove to U.S.HUD that Awardee metthe National Objective. Awardee shall report all Program Income earned during the year and shall pay tothe County all Program Income earned unless directed expressly,in writing,to otherwise bythe County. 4-Environmental Review -The Awardee immediately upon locating or determining asite for eachofthe "Unspecified Site"activities tobe carried out pursuant tothis Agreement,shall submit information detailingthelocationofeachsiteforwhichaSiteEnvironmental Conditions Statement will be prepared.The Environmental Review istobe prepared on informationcontainedin Attachment D,"Information forEnvironmental Review Form." "Notwithstanding "anyprovision ofthisAgreement,the parties hereto"agree"arid acknowledge thatthis Agreement does not constitute a commitment of fundsorsite approval,and thatsuch commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the County ofa release of fundsfrom the U.S.Department of HousingandUrban Development under24CFRPart58.The partiesfurther agree that the provision of anyfundsto the projectis conditioned on the County's determinationtoproceed with,modifyor cancel the project based on the resultsof a subseouent environmental review. 5.Audit Report -The Awardee shall submit to PHCD an annual audit report in triplicate as requiredbySection II,ParagraphLofthis Agreement,as set forth below.TheAwardee shall submit a written statement from its auditing firm to confirm thatithas cleared anynon compliance issues stated in the audit,and awritten statement from the Auditor that the auditcomplieswithallapplicableprovisionsof24CFRPart84.26,Part85.26andOMBA- 133. 6.Personnel PoliciesandAdministrative Procedures -The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure,property managementand procurement policies and procedures,personnel management, accounting policies and procedures,etc.Such information shallbe submitted toPHCD within30daysofthe execution ofthis Agreement. 7.Inventory Report -TheAwardee shall report annually allnonexpendablepersonalandreal property purchased with CDBG funds from thisandpreviousagreementswiththeCounty as specifiedinSection II,Paragraph W of this Agreement. 8.Affirmative ActionPlan -TheAwardeeshallreportto PHCD information relative tothe equalityofemployment opportunities whenever sorequestedby PHCD. 9.Disclosure ofRelatedor Affiliated Parties -Atthetimeof contract execution,oratanyother timeattherequestoftheCounty,AwardeeshalldisclosetotheCountyallRelatedor Affiliated Parties.Relatedor Affiliated Parties shallmeanpersons,corporations, partnerships,orotherbusiness entities (a)which havea direct or indirect ownership Page 6 interestinAwardee,(b)whichhaveaparentor principal thereofwhichhasadirector indirect ownership interest in Awardee,(c)whose members appointed by Awardee,or (d) which the County deemsinitssole discretion tobea Related or Affiliated Party of Awardee.The Awardee shall report this information tothe County upon forming the relationship or,ifalready formed,shall report itimmediately.Anysupplemental information shallbe reported quarterly inthe required Progress Report.This provision shall be construed broadly tothebenefitofthe County.Non-compliance withtheserequirements will be considered adefault,which may resultintheimmediateterminationofthe agreement,the recovery ofthe entire funding award,andthe disqualification of funding through PHCD foraperiodofthreeyears. 10.ReportingonfinancialStatus.Bankruptcy.Real Property,orPersonalProperty -Awardee shall notify the County in writing within ten (10)daysofthe occurrence ofanyofthe following asto Awardee oranyRelatedorAffiliatedParties: a.Any anticipated or pending lis pendens,foreclosure action,arrearage,default, late payment regarding any property ofAwardeeor Related or Affiliated Parties, including properties not related tothis Agreement.Awardee shall also provide the County with acopyof all court filings,noticesof default,arrearage or late payment,oranyother documents relevanttothedisclosuresrequiredherein. b.Any legal encumbrance onthe Property not permitted in writing bythe County. c.Any default or arrearage onany loan,Note orotherdebtor obligation for which the Propertyis security. d.Any anticipated or pending bankruptcy,restructuring,dissolution,reorganization, appointment of a trustee or receiver. e.Any action,activity,facts,or circumstances that would materially impair performance by Awardee of all the terms and conditions of this Agreement. Failure to comply with these reporting requirements shall constitute a default and shall entitle the County toseek any and all remedies available at law,equity ancTpursuant tothis Agreement. G.LobbyingProhibition 1.The Awardee shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal Agreement,the making ofany federal grant,the making ofany federal loan,the entering into of any cooperative Agreement,and the extension,continuation,renewal, amendment,or modification of any federal Agreement,grant,loan,or cooperative Agreement. 2.The Awardee shall disclose to PHCD if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee ofa Member of Congress in connection with this federal Agreement,grant,loan,or cooperative Agreement,on a Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance withits instructions. 3.The Awardee shall ensure that the language in this Section II,Paragraph G.1.and G.2 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants,and Agreements under grants,loans,and cooperative Agreements)and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. H.Federal,State,and County Laws and Regulations Page 7 Rules,RegulationsandLicensing Requirements 1.The Awardee shall comply with all laws,ordinances and regulations applicable tothe servicescontemplatedherein,especiallythose applicable to conflict ofinterestand collusion.Awardees are presumed tobe familiar with all Federal,State and local laws, ordinances,codes,rules and regulations thatmayinanyway affect the goods orservices offered,especially Executive Order No.11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No.11375,as supplemented bythe Department of Labor Regulations (41 CFR,Part60),theAmericanswith Disabilities Actof1990and implementing regulations,the Rehabilitation Actof 1973,as amended,Chapter 553of Florida Statutes and any and all other local,Stateand 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 Policiesand Procedures Manualfoundat http://www/miamidade.gov/housing/community-development.asp,which are incorporated herein by reference,receipt of which is hereby acknowledged,and astheymaybe 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,andcause all subcontracts to require compliance with,Florida Statutes,the Miami-Dade County Codeof Ordinances,and all applicable building codes, including the Miami-Dade County Building Code and any applicable municipal building code.Failure ofAwardeeorany subcontractor ofAwardeetosocomplywith these requirements,which includes butis not limited to engaging in construction or repairs without proper building permitsorunlicensed professionals engaginginworkwhich requires a license,shall causethis Agreement tobe voidable bythe County atthe County's absolute andsole discretion.In theeventtheCountyvoidsthisAgreement for failure to comply with the requirements ofthis section,Awardee shall forfeit any right topayment pursuanttothis Agreement,regardless of when Awardee's or the subcontractor's noncompliance becomes knownto the County. 4.The Awardee shallcbmplywithSection504ofthe Rehabilitation Act of 1973,"as amended^ whichprohibitsdiscriminationon the basisofhandicapandrequiresaminimum number of unitstobe accessible to persons with disabilities;TitleVIofthe Civil RightsActof 1964,as amended,which prohibits discrimination onthebasisofrace,color,or national origin;the Age Discrimination Actof1975,as amended,which prohibits discrimination onthe basis of age;TitleVIIIof the Civil Rights Act of 1968,as amended,and Executive Order 11063 which prohibits discrimination inhousingonthebasisofrace,color,religion,sex,or national origin;ExecutiveOrder 11246,asamendedwhich requires equalemployment opportunity;andwiththeEnergy Policy,amended andConservationAct(Pub.L94-163) whichrequires mandatory standardsand policies relating toenergy efficiency.The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A-60 et seq.ofthe Miami-Dade CountyCode,whichrequiresanemployer,whointheregular courseof business has fifty (50)ormore employees workingin Miami-Dade Countyfor eachworkingdayduring each oftwenty(20)ormorecalendarwork weeks toprovide domesticviolenceleavetoits employees.Failure tocomplywiththis local lawmaybe groundsforvoidingorterminatingthis Agreement orfor commencement of debarment proceedings against the Awardee. 5.Ifthe amount payabletothe Awardee pursuantto the termsofthis Agreement isin excess of $100,000,theAwardeeshallcomplywithallapplicablestandards,orders,orregulations, issued pursuanttoSection306of the CleanAirActof1970(42U.S.C.7401,1857h),as amended;the Federal Water PollutionControlAct(33 U.S.C.1251),as amended;Section 508oftheClean Water Act(33U.S.C.1368);EnvironmentalProtection Agency regulations (40CFR Part 15,50);and Executive Order 11738. 6.Assurance of Compliance with Section 504 of the Rehabilitation Act -The Awardee shall reportitscompliancewith Section 504 oftheRehabilitationAct whenever so requested by PHCDwithinthetermofthis Agreement or the AffordabilityPeriod. 7.Americans with Disabilities Act (ADA)of 1990 -The Awardee shall attest to;and submit the requiredDisability Non-discrimination Affidavit assuring compliance withall applicable requirements of the laws listed below includingbutnotlimitedto,those provisions Page 8 pertainingto employment,provisionsandprogram services,transportation, communications,access to facilities,renovations,and new construction. 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 with Miami-Dade County shall,asa condition of award,have awritten Affirmative ActionPlanand Procurement Policyonfilewith the Regulatory and Economic Resources Department.Said firms must also submit,asapartoftheir proposals/bids tobe filedwith the Clerkof the Board,anappropriately completed and signed AffirmativeAction Plan/Procurement PolicyAffidavit.Firms whose BoardsofDirectorsare representative of the population make-up of the nationare exempt fromthis requirement and must submit,in writing,adetailedlistingoftheirBoardsof Directors,showingtheraceorethnicityofeach board member,tothe County's RegulatoryandEconomic Resources Department.Firms claiming exemption must submit,asapartoftheirproposals/bidstobe filed withtheClerk oftheBoard,anappropriately completed and signed Exemption Affidavitin accordance withOrdinance98-30.These submittalsshallbesubjecttoperiodicreviewsto assure that theentitiesdonotdiscriminateintheir employment and procurement practicesagainst minorities and women-owned businesses. It will betheresponsibilityofeach firm toprovideverificationoftheirgrossannual revenues to determine the requirement for compliance with the Ordinance.Those firms that donot exceed $5 million annualgross revenues must clearlystatesointheirbid/proposal. Any bidder/respondent which does notprovideanaffirmativeactionplanandprocurement policy may notbe recommended bytheCounty Mayor forawardbythe Miami-Dade County Mayor. 9.DomesticViolenceLeave Affidavit -Prior to entering intoany contract with the County,a firm desiringtodo business withtheCountyshall,asaconditionofaward,certifythatitis in compliance with the Domestic Leave Ordinance,99-5 and Section 11A-60 of the Miami- DadeCountyCode.ThisOrdinanceappliestoemployersthathave,inthe regular courseof business,fifty (50)ormoreemployees working in Miami Dade County for each working day jduring each oftwenty (20)or more calendar work weeks in the current or preceding calendar year.In accordance with Resolution R-i8540,the obligation to provide domestic violence leavetoemployees shall bea contractual obligation.TheCounty shall notenter intoacontractwithany firm thathasnotcertifieditscompliancewiththeDomesticLeave Ordinance.Failure tocomplywiththerequirementsofResolution R-185-00,aswellasthe DomesticLeaveOrdinancemayresultinthecontractbeingdeclaredvoid,thecontract being terminated and/or the firm beingdebarred. 10.CodeofBusiness Ethics -In accordance with Section 2-8.1(1)oftheCodeof Miami-Dade County each person or entitiy that seekstodo business with Miami-Dade County shall adopt a Code of Business Ethics("Code")andshall submit an affidavit stating that the Awardee has adopted a Code that complies with the reouirements of Section 2-8.1 (i)of the Miami-Dade County Code (Form A-12).Section 2-11.1(d)of Miami-Dade County Code as amendedby Ordinance 00-1,also requires any county employeeoranymemberofthe employee's immediate family whohasa controlling financial interest,direct or indirect,with Miami-Dade County orany person or agency acting for Miami-Dade County from competingor applying foranysuchcontractasit pertains tothis solicitation,must first request a conflict of interest opinion from the County's Ethic Commission prior totheiror their immediate family member's entering into any contract or transacting any business through a firm,corporation,partnership or business entity in which the employee or any memberoftheemployee's immediate family hasa controlling financial interest,direct or indirect,with Miami-Dade County or any person or agency acting for Miami-Dade County andthatanysuch contract,agreement orbusinessengagemententeredin violation ofthis subsection,asamended,shall render thisAgreement voidable.For additional information, pleasecontactthe Ethics Commission hotline at (305)579-9093. 11-Public Entity Crimes -Pursuant to Paragraph 2(a)of Section 287.133,Florida Statutes,a person or affiliate who hasbeen placed onthe convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services toa public entity;may not submit a proposal on a contract with a public entity for the construction or repair ofa public building or public work;maynot submit proposals on Page 9 leasesof real property toa public entity;maynotbe awarded or perform workasa Awardee,supplier,subcontractor,or consultant under a contract with any public entity;and, maynot transact business with any public entityinexcessofthe threshold amount provided in Section 287.017 for Category TWO ($10,000)for a period of thirty-six (36)months from the dateofbeingplacedonthe convicted vendor list.The Awardee warrants and representsthatithasnotbeen placed onthe convicted vendorlistThe Awardee agrees that should Miami-Dade County discover thatthe Awardee's representations regarding the list are false,this Agreement shall be terminated onthe discretion of Miami-Dade County. Further,should the Awardee be placed onthe list atanytime during thisAgreement Miami- DadeCountyshallhavethe right toterminatethisagreement 12.Criminal Conviction -Pursuant to Miami-Dade County Ordinance No.94-34,"Any individual whohasbeen convicted ofa felony during thepasttenyearsandany corporation, partnership,jointventureorotherlegalentityhavingan officer,director,or executive who hasbeen convicted ofa felony during thepasttenyears shall disclose this information prior toenteringintoacontractwithorreceiving funding from the County."Failure ofthe Awardee todisclosethis information asrequiredmayleadtotheterminationofthis agreement byMiami-DadeCounty. If Awardee,oranyowner,subsidiary,orother firm affiliated with or related tothe Awardee, is found bythe responsible enforcementagency,theCourtsorthe County tobein violation oftheActs,theCounty will conductno further businesswith Awardee.Anycontractentered intobaseduponafalse affidavit,aslistedbelow,andsubmittedpursuanttothis resolution shallbe voidable by the County: 1.Miami-Dade County Vendor Affidavit Form 2.Criminal Record Affidavit 3.PublicEntity Crime Affidavit 4.Related-Party Disclosure Information 5.Miami-Dade CountyAffidavitRegardingDelinquentandCurrentlyDueFeesor Taxes 6.Affirmative Action Affidavits ..7.Current..on all CountyContracts,Loans,and_Other Obligations Affidavit. 8.Financial and Conflicts of Interest Affidavit 9.Collusion Affidavit If anyattesting firm violatesanyoftheActsbelowduringthetermofanycontract such firm haswith the County,such contractshallbevoidablebytheCounty,even if the attesting firm was notinviolation at the time it submitted its affidavit. The applicable Acts are as follows: 1.The Americans withDisabilities Act of1990(ADA),Pub.L.101-336,104Stat327, 42U.S.C.12101-12213 and47U.S.C.Sections 225and611includingTitle I, Employment;Title II,Public Services;Title III,Public Accommodations and Services Operated byPrivateEntities;TitleIV,Telecommunications;and TitleV, Miscellaneous Provisions. 2.The Rehabilitation Act of 1973,29 U.S.C.Section 794; 3.The Federal Transit Act,as amended 49 U.S.C.Section 1612; 4.The Fair Housing Act as amended,42 U.S.C.Section 3601-3631. In addition to the requirements in the Agreement,the Awardee /Department agrees to comply withall the provisions of 24 CFR 570.502,24 CFR 570.503,and 24 CFR Part 570, Subpart K(24CFR 570.600 -570.614),including the following: PublicLaw88-352andPublicLaw90-284;affirmatively furtheringfairhousing;Executive Order 11063. 24 CFR 570.602 Section 109 of the Housingand Community Development Act. Labor standards (24CFR 570.603;29CFRPart5). Environmental standards. NationalFlood Insurance Program. Uniformed Relocation Act. Page 10 Employment and contracting opportunities. Lead-based paint regulations. Eligibility of contractors or sub recipients. Uniform administrativerequirementsandcost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 13.CDBG-Related Requirements 1.National Objective -Awardeemustperformthe Activities describedhereinina mannerinwhichAwardeemeetsthenationalobjectiveofbenefitto low- andmoderate-income persons.Awardee shall ensure andmaintain documentation,acceptabletothe County initssole and absolute discretion,that conclusively demonstrates that each activity assistedinwholeorin part with CDBGfundsisanactivitywhichprovides benefit tolow-and moderate-income persons,as defined intheCDBG Regulations. 2.TheAwardee shall comply with all applicable provisions of24CFRPart570and shall carry outeach activity in compliance with all applicable federal lawsand regulations described therein.If the Awardee isa primarily religious entity,it shall complywithall provisions of24CFR570.200 (j). 3.TheAwardeeagreestocomplywith (a)the Uniform Relocation Assistanceand Real Property Acquisition Policies Act of 1970,as amended (URA),and implementing regulations at49 CFR Part 24 and 24 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 assistance to persons (families,individuals,businesses,non-profit organizations ....._......_an_dfarms)that are displaced asa direct result of acquisition,rehabilitaion, demolition or conversion for a CDBG assisted project.The Awardee also agrees to comply with applicable County ordinances,resolutions and policies concerning the displacement of persons from their residences. 4.For each activity or portion of activity describedin Attachment Ahereto for which a location has not yet been identified,the Awardee shall obtain,immediately after asiteis identified bythe Awardee,PHCD's written environmental clearance statement and shall agree in writing to comply with any and all requirements as maybe set forthintheSiteEnvironmental Clearance Statement. 5.The Awardee shall cooperate with PHCD in informing the appropriate CDBG citizen participation structures,including the appropriate area committees,ofthe activities of the 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 shall makea good faith effort to address the 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,of the activities of the Awardee in adhering to the provisions of this Agreement.Representatives ofthe Awardee shall attend meetings of the appropriate committees and citizen participation structures,upon the request of the citizen participation officers,PHCD,or the County. 7.For activities involving acquisition,rehabilitation and/or demolition of property and which require the relocation of families,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 of an occupant (individual,family,business,and/or Page 11 industry)is in question,the Awardee shall contact the above mentioned unit prior to making a determination.Awardees receiving CDBG funds shall adhereto24 CFR part 50 and/or part 58 and tothe rules and regulations ofthe Uniform Relocation Assistance and Real Property Acquisition Act of 1970,as amended.The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects.These procedures mustconsistof actions to provide information and attract eligible persons from all racial,ethnic and gender groups to the available services.The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply withthe requirements specified in Public Law 88-352and Public Law90-284 successfullymeetthese requirements.TheAwardeeshallsubmitto PHCD its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 8.For Housing,Rehabilitation,and Construction activities all conditions inthis section will apply throughout the regulatory period identified inthe national objective.Throughout that period,the Awardee will be required to submit an annual report regarding their compliance with the national objective,and PHCD will havethe right to monitor the activity. 9.TheAwardee shall complywith all applicable uniform administrative requirements as described in 24 CFR 570.502 10.For Special Economic Development projects,Awardee is reponsible for understanding 24 CFR 570.209,which describes HUD's underwriting and project anlaysis requirements.These requirements include,but are not limited to,the analysis of Awardee's financing gapor rate of return gap,project feasibility,andthe reasonableness ofcostsand Awardee's or owner's equity return.Awardee agrees to defer tothe County's analysis of the Activity as conducted in compliance with the CDBG Regulations,including but not --limited to24 CFR.570.209,including.Appendix A,as-well as OMB.guidance on using federal funds.Awardee understands that in the event that the Activity fails the analysis conducted pursuant to24 CFR 570.209,Awardee shall have the opportunity to renegotiate this Agreement by modifying the Activity to improve the Activity tothe County's satisfaction orto terminate this Agreement with each party paying their own costs,fees and damages (as applicable). I.Conflicts with Applicable Laws If any provision of this Agreement conflicts with any applicable law or regulation including but not limited to,24 CFR 570,only the conflicting provision shall be deemed bythe parties hereto tobe modified tobe consistent with the law or regulation ortobe deleted if modification is impossible. However,the obligations under this Agreement,as modified,shall continue and all other provisions ofthis Agreement shall remain in full force and effect.The County's determination on whether a provisionconflictsshallbe final andbinding. J.Board of Directors If the Awardee isa Community Development Corporation (CDC),PHCD shall have the option to appoint a representative tothe Awardee's board of directors.This representative shall notbe consideredinthe counting ofa quorum and shall haveno voting privileges. K.Construction Ifthe Awardee engages in,procures,or makes loansforconstructionwork,theAwardee shall: 1.Contact the PHCD representative noted in Section IV,Paragraph Mofthis Agreement, prior totakingany action,to schedule ameetingtoreceivecompliance information. 2.Complywiththe Awardee's procurement and pre-award requirements and procedures which,ataminimum,shalladheretoallapplicablefederalstandards. Page 12 3.Comply withtheDavis-BaconAct;Copeland Anti-Kick BackAct(18 U.S.C.874 etseq.); ContractWorkHours and Safety Standards Act(40U.S.C.327EtSeq.);and Lead-Based Paint Poisoning Prevention Act as amended on September 15,1999;and other related acts,as applicable. 4.SubmittoPHCDforwrittenapprovalall proposed SolicitationNotices,InvitationsforBids, and Requests for Proposals priorto publication. 5.Submit to PHCD all construction plansand specifications andreceive PHCD's approval priorto implementation. 6.Contact the PHCD representative noted in Section IV,Paragraph M,prior toschedulinga pre-construction conference.In accordance withindustry standards,PHCDwillholdten percent (10%)of the total grant award as a retainer until the construction workis determinedby PHCD,initssole discretion,tobe seventy-five percent (75%)completed,At the time thatthe construction work is determined by PHCD tobe seventy-five percent complete,theretainer will bereducedto5%until theworkiscompleted,Completion shall occur when a Certificate of Occupancy is issued. 7.TheCountyshall have therightto assign Professional Staff and Technical Assistance from the Public Housing and Community Developmentto assistthe project ifthe County's staff determinesthattheAwardeehasbeenunabletoconsistentlyachievetheworkandunits described within thetimeframesoftheactionstep format ofthisagreement.Such involvement mayresultina reduction ofa maximum of5%ofthe Agreement's awardto cover thecostofthe technical assistance.The Awardee shall cooperate and comply with all requests made by such staff. 8.Execute and record,atthe County's request,anyofthe following documents inorderto ensurethe Property isusedas defined and described in Attachment Aofthis Agreement: a.Promissory Note b.Mortgage ci_..._Loan Agreement d.Restrictive Covenant e.Rental Regulatory Agreement f.Collateral Assignment ofleases,rentsand Contract Rights g.UCC-1 Rider h.Title Insurance Policy L.Audits and Records 1.Nonprofit organizations that expend $500,000 or more annually in federal awards shall haveasingleorprogramspecificauditconductedin accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program may electtohavea program-specific audit performed,in accordance with OMB A-133.Awardees who will be receiving,or who have received,federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations ofthe federal agencies providing those guarantees or loans. 2.Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133,although their records must be available for review (e.g.,inspections,evaluations).Such agencies that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance.To achieve uniformity regarding the reporting format,such documents must comply with the accounting industry standards by communicating an independent accountant's (1)expression of limited assuranceon FINANCIAL STATEMENTS asa result of performing inquiry and analytic procedures (Review Report);(2)results of procedures performed (Agreed-Upon Procedures Report); (3)non-expression of opinion orany form ofassuranceona presentation in the form of financial statements information that is the representation of management (Compilation Report);or (4)an opinion onan assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). 3.When the requirements of OMB A-133 apply,an audit shall be conducted for each fiscal year for which federal awards attributable to this Agreement have been received by the Awardee.Each audit shall include a fiscal review,which includes a validation of all Page 13 program generated income anditsdisposition,especially attributable toCDBGfunds,an internal control review,and a compliance review as described in OMB A-133.Acopyofthe audit report in triplicate mustbe received by PHCD no later than sixmonths following the end ofthe Awardee's fiscalyear. 4.If anauditis required by Paragraph LofthisAgreement,butthe requirements of OMB A- 133 donotapplytheAwardeemay choose tohaveanaudit performed eitheronthebasis oftheAwardee's fiscal yearoronthebasisofthe period during which PHCD-federal assistancehasbeen received.In eithercase,eachaudit shall coveratime period ofnot morethantwelve(12)monthsandanauditshallbesubmitted covering eachassisted period until all theassistancereceived from thisAgreementhasbeen reported on.Each audit shall adheretoallother audit standardsof OMB A-133,asthesemaybe limited to coveronlythoseservices undertaken pursuant tothetermsofthis Agreement.Acopyof the audit report in triplicate mustbe received by PHCD no later than six months following each audit period. 5.The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles,procedures,and practices whichshall sufficiently and properly reflect all revenuesandexpendituresoffunds provided directly or indirectly bytheCounty pursuant to the terms of this Agreement. 6.The Awardee shall maintain all Contract Records that document all actions undertaken to accomplishthe "Scope ofServices"outlinedin Attachment AinthisAgreement,in accordance with 24 CFR 570.506;570.503.. 7.TheAwardeeshallensurethatthe Contract Recordsshallbeat all timessubjecttoand available for full access and review,inspection,orauditbyCountyand federal personnel andany other personnel dulyauthorizedbytheCounty. 8.TheAwardeeshallincludein all PHCD approved subcontracts usedtoengage subcontractors tocarryoutanyeligible substantive programmatic services,assuch services aredescribedinthisAgreementanddefinedby PHCD,eachofthe record-keeping andaudit requirementsL detailed inthisAgreement.PHCD shaH determine when services are eligible substantive programmatic services and subject tothe audit and record-keeping requirements described above. 9.The County reserves the right torequiretheAwardeetosubmittoanauditbyAuditand Management Services orotherauditoroftheCounty's choosing atthe Awardee's expense. The Awardeeshallprovide access toallofitsrecords,whichrelatedirectlyor indirectly to this Agreement atitsplaceof business duringregular business hours.The Awardee shall retainallrecordspertainingtothis Agreement andupon request make them availableto the Countyforfouryears following expirationofthe Agreement.The Awardee agrees to providesuch assistance asmaybe necessary to facilitate therevieworauditbytheCounty to ensure compliance withapplicableaccountingandfinancialstandards. 10.The Awardee shall ensure that its auditors share their audit results with and must submit the auditreporttoPHCDwithinsix months after the conclusion oftheauditperiod. 11.Pursuant to County Ordinance No.03-2,the Awardee willgrant access to the Commission Auditortoall financial andperformancerelatedrecords,property,and equipment purchased in whole orinpartwith government funds.The Awardee agrees tomaintainan accounting system thatprovides accounting records that are supported with adequate documentation,and adequate procedures for determining the allowability and allocability of costs. M.Protected Records and Documents Any person orentitythat performs or assists Miami-Dade County withafunctionoractivityinvolving the use or disclosure of "IndividuallyIdentifiableHealth Information (IIHI)and/or Protected Health Information (PHI)shall comply with the Health Insurance Portabilityand 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 information onlyfor performing services required by the Agreement or as required by law; Page 14 2.Use of appropriate safeguards to prevent non-permitted disclosures; 3.Reporting to Miami-Dade County of any non-permitted use or disclosure; 4.Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that I1HI/PHIwill be held confidential; 5.Making Protected Health Information (PHI)available tothe customer; 6.MakingPHI 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. PHIshall maintain its protected status regardless of the form and method of transmission (paper records,and/or electronic transfer ofdata).The Contractor must give its customers written notice of its privacy information practices including specifically,a description of the types of uses and disclosures that would be made with protected health information. N.Retention of Records 1.The Awardee shallretainall Contract Records foraperiodofat least seven (7)years followingthefinal Close-Out of the Activity/Project (hereinafter referredto as "Retention Period")subject to the limitations set forthbelow.The finalClose-Out of theActivity/Project is the date when PHCD provides written notification of such.Under no circumstances shall Awardee dispose of any Contract Records priorto Awardee providing the County sufficient documentation to show that the HOME Regulations were fullycompliedwithin 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 in writing for confirmation of said final Close-but,PHCD shall provide Awardee inwriting either confirmation of final Close-Out oralist of documentation required in order to proceed toward final Close-Out. 2.IftheCountyortheAwardeehave received orgivennoticeofanykind indicating any threatenedorpending litigation,claimoraudit arising outoftheservices provided pursuant to the terms of this Agreement,the Retention Periodshall be extended until such time as the threatened or pending litigation,claimorauditis,inthesoleand absolute discretionof PHCD,fully,completely andfinally resolved. 3.The Awardee shall allow the County,federal personnel,orany person authorized bythe County full accesstoandthe right to examine anyofthe Agreement records during the required Retention Period. 4.The Awardee shall notify PHCD in writing,both during the pendency ofthisAgreementand afterits expiration aspartofthe final closeoutprocedure,oftheaddresswhere all Agreement records will be retained. 5.The Awardee shall obtain written approval of PHCD prior to disposing ofany Agreement records within one year after expiration of the Retention Period. O.Provision ofRecordsand Proprietary Rightsand Information 1.The Awardee shall provide to PHCD,upon request,all Agreement records.These records shall become thepropertyofPHCDwithout restriction,reservation,or limitation oftheir use.PHCD shall have unlimited rights to all books,articles,orother copyrightable materials developed for the purpose of this Agreement.These unlimited rights shall include the rights to royalty-fees;nonexclusive,and irrevocable license to reproduce,publish,or otherwise use,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 Page 15 similar reports,the Awardee shall provide a copy of each report and any follow-up communications and reports to PHCD immediately upon suchissuanceunlesssuch disclosure isa violation of the rules or policies of the regulatory agencies issuinq the reports. 3.ProprietaryInformation Asa political subdivision of the State of Florida,Miami-Dade County is subject to the stipulations of Florida'sPublic Records Law. The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the County has developed at its own expense,the disclosure of which could harm the County's proprietary interest therein. During the term of the Agreement,the Awardee will not use directly or indirectly for itself or for others,or publish or disclose to any third party,or remove from the County's property, any computer programs,data compilations,or other software which the County has developed,hasusedoris using,is holding for use,or which are otherwise inthe possession ofthe County (hereinafter "Computer Software").All third-party license agreements must also be honored bythe Awardees and their employees,except as authorized by the 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 information technology software. TheAwardee will report tothe County any information discovered or which isdisclosedto the Awardee which may relate tothe improper use,publication,disclosure or removal from the County's property ofany information technology software and hardware and will take suchstepsasare within the Awardee's authority to prevent improper use,disclosure or removal. 3.Proprietary Rights a)The Awardee hereby acknowledges and agrees that the County retains all rights,title andinterestsinandto all materials,data,documentation andcopiesthereof furnished bythe County tothe Awardee hereunder or furnished bythe Awardee tothe County and/orcreatedbytheAwardee for delivery tothe County,evenif unfinished orin process,asaresultofthe Services the Awardee performsinconnectionwiththis Agreement,including all copyright andother proprietary rights therein,whichthe Awardee as well asits employees,agents,subcontractors and suppliers mayuse only inconnectionofthe performance ofServicesunderthisAgreement.TheAwardee shall not,without the prior written consentofthe County,usesuch documentation on anyother project inwhichtheAwardeeoritsemployees,agents,subcontractors or suppliersareormaybecomeengaged.Submissionor distribution bytheAwardeeto meet official regulatory requirementsorforotherpurposesinconnectionwiththe performance ofServicesunderthisAgreement shall notbeconstruedas 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,neithertheAwardeenoritsemployees,agents,subcontractors or suppliersshallhaveany proprietary interestinsuchDevelopedWorks.TheDeveloped Worksmaynotbe utilized,reproducedordistributedbyoronbehalfoftheAwardee,or any employee,agent,subcontractororsupplierthereof,withoutthe prior written consent oftheCounty,except asrequiredfor the Awardee's performance hereunder. d)Exceptasotherwise provided in subsections a,b,andcabove,orelsewhereherein, theAwardeeandits subcontractors andsuppliers hereunder shall retain all proprietary Page 16 rightsinandtoallLicensedSoftwareprovidedhereunder,thathavenotbeen customizedtosatisfythe performance criteria set forth intheScopeofServices. Notwithstanding the foregoing,theAwardeehereby grants,and shall require thatits subcontractors and suppliers grant,ifthe County so desires,a perpetual,irrevocable and unrestricted right and license touse,duplicate,disclose and/or permit any other person(s)or entity(ies)to use all such Licensed Software and the associated specifications,technical data andother Documentation for the operations ofthe Countyorentities controlling,controlled by,undercommon control with,or affiliated with the County,or organizations which may hereafter be formed byorbecome affiliated with the County.Such license specifically includes,butisnot limited to,the right ofthe County touse and/or disclose,in wholeorin part,the technical documentation and Licensed Software,including sourcecode provided hereunder,to any person or entity outside the County for such person's or entity's use in furnishing any and/or all ofthe Deliverables provided hereunder exclusively for the County or entities controlling,controlled by,undercommon control with,or affiliated withthe County,or organizations which may hereafter be formed byorbecome affiliated with theCounty.NosuchLicenseSoftware,specifications,data,documentation orrelated information shall be deemed to have been given in confidence and any statement or legend tothecontraryshallbevoidandofno effect Audits and Inspectors General Nothing in this Agreement shall impair any independent right ofthe 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 bythe Awardee or third parties.The provisions in this section shall apply tothe Awardee,its officers,agents,employees,subcontractors,suppliers and Related or Affiliated Parties.The Awardee shall incorporate the provisions inthis section in all subcontracts and all other Agreements executed bythe Awardee in connection with the performance of the Agreement. Miami-Dade County Inspectors General Review According to Section 2-1076 of the Code of Miami-Dade County,as amended,Miami-Dade County has established the Office of the Inspector General which may,on a random basis,perform audits on all County contracts,throughout the duration of said contracts,except as otherwise provided below.The cost ofthe audit of any Contract shall be one quarter (1/4)ofone (1)percent of the total contract amount which cost shall be included in the total proposed amount.The audit cost will be deducted bythe County from progress payments tothe selected Awardee.The audit cost shall also beincludedinallchangeordersand all contract renewalsandextensions. Exception:The above application of one quarter (1/4)of one percent fee assessment shall not apply to the following contracts:(a)IPSIG contracts;(b)contracts for legal services;(c)contracts for financial advisory services;(d)auditing contracts;(e)facility rentals and lease agreements*(f) concessions and other rental agreements;(g)insurance contracts;(h)revenue-generating contracts* (I)contracts where an IPSIG is assigned at the time the contract is approved by the Commission*(jj professional service agreements under $1,000;(k)management agreements;(I)small purchase orders as defined in Miami-Dade County Administrative Order 3-2;(m)federal,state and local government-funded grants;and (n)interlocal agreements.Notwithstanding the foregoing,th* Miami-Dade County Board of County Commissioners may authorize the inclusion ofthe fee assessment ofone quarter (1/4)ofone percent in anyexempted contract atthetimeof award. Awardee consents to the powers of the Inspector General.The Miami-Dade County Inspector General is authorized and empowered to review past,present and proposed County contracts transactions,accounts,records and programs.In addition,the Inspector General has the power to subpoena witnesses,administer oaths,require the production of records and monitor existing projects and programs.Monitoring of an existing project or program may include a report concerning whether the project is on time,within budget and in compliance with plans,specifications and applicable law. Upon ten (10)days prior written notice to the Awardee from the Inspector General or IPSIG retained by the Inspector General,the Awardee shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying.The Inspector General and IPSIG shall have the nght to inspect and copy all documents and records in the Awardee's possession custody or control which,in the Inspector General or IPSIG's sole judgment,pertain to performanrc of the Agreement,including,but not limited to original estimate files,worksheets,proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers,all project- Page 17 related correspondence,memoranda,instructions,financial documents,construction documents, proposal and Agreement documents,back-charge documents,all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records,and supporting documentation for the aforesaid documents and records. Independent Private Sector Inspector General Reviews Pursuant to Miami-Dade County Administrative Order 3-20,the Awardee is aware that the County has the rightto retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"),whenever the County deems it appropriate todoso.Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County,all requested records and documentation pertaining to this Agreement for inspection and reproduction.The County shall be responsible for the payment of these IPSIG services,and under no circumstance shall the Awardee's prices and any changes thereto approved by the County,be inclusive of any charges relatingto these IPSIG services.The terms of this provision herein,apply to the Awardee,its officers,agents,employees,subcontractors and assignees.Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee in connection with this Agreement.The terms of this Articleshall not impose any liabilityon the County by the Awardee or any thirdparty. Commission Auditor Access to Records Pursuant to Ordinance No.03-2,Awardee shallgrant access to the Commission Auditor toall financial and performance related records,property,and equipment purchased in whole orinpart with government funds,including funds awarded tp Awardee pursuant tothis Agreement. Prior Approval The Awardee shallobtainwrittenapprovalfromPHCDpriorto undertaking anyof the following: 1.The engagement or execution ofany subcontract(s)or Agreement assignments,wherein CDBG funds will be used topayfor goods or services.The Awardee must submit all proposed|agreement documents toPHCDat|east_thirty(30)days priorto the start date of the agreement.PHCDshall have noobligationto approve payment of any expenditure (resultingfroman agreement or subcontract)which was incurred prior to the approvalby PHCD of such agreement or subcontract. 2.The additionofany positions notspecificallylistedin the approved budget. 3.The modificationoradditionofalljob descriptions for existing staff. 4.The purchaseofall nonexpendable personalpropertynotspecificallylistedintheapproved budget. 5.The dispositionofallreal,expendable personal,and nonexpendable personalpropertyas defined in Section II,Paragraph W.1.of this Agreement. 6.Out-of-town travelnotspecificallylistedinthe approved budget. 7.The disposition of Program Incomenot specifically listedintheapproved Program Income budget. 8.The publication ofproposed Solicitation Notices,Invitations for Bidsand Requests for ProposalsasprovidedforinSection II,Paragraph KofthisAgreement. 9.Thedisposalof all AgreementrecordsasprovidedforinSection II,Paragraph Nofthis Agreement. 10.In the event the Awardee wishes to substitute personnelforthekeypersonnelidentified bytheAwardee's Proposal,theAwardeemust notify theCountyin writing andrequest written approval for the substitution atleastten (10)business days prior toeffectingsuch substitution. R.Monitoring Page 18 The Awardee shall permit PHCDand other persons duly authorized by PHCD to inspect all Agreement records,facilities,equipment,materials,and services of the Awardee whichareinany way connected to the activities undertaken pursuant to the terms ofthis Agreement,and/or to interview any clients,employees,subcontractors,or assignees of the Awardee.Following such inspection or interviews,PHCDwill deliver tothe Awardee areport of its findings,and the Awardee willrectifyall deficiencies citedbyPHCDwithinthespecifiedperiodoftime set forthin the report,or provide PHCDwitha reasonable justificationfornot correcting the deficiencies.PHCDwill determine,inits sole and absolute discretion,whether ornotthe Awardee's justificationis acceptable orif the Awardee must,despite the justification,rectify the deficiencies citedbyPHCDin its report. Conflict of Interest The Awardee agrees to abide by the provisionsof24CFR 84.42 (24CFRPart85.36forPublic Agencies)and24CFR 570.611 withrespectto conflicts ofinterest,and covenants thatitpresently has nofinancial interest and shallnotacquireany financial interest,directorindirect,whichwould conflictinanymanneror degree withtheperformanceof services requried under this Agreement. TheAwardee further covenants thatintheperformanceofthisAgreementnopersonhavingsucha financial interest shallbe employed orretainedbythe Awardee hereunder.These conflictofinterest provisionsapplytoany person whoisan employee,agent,consultant,officer,or elected official or appointed official oftheCounty,orofanydesignatedpublic agencies orsubrecipientswhichare receivingfundsundertheCDBGEntitlement program.TheAwardee certifies andrepresentsthatno officer,director,employee,agent,orotherconsultantoftheCountyora member oftheimmediate family or household ofthe aforesaid has directly or indirectly received orbeen promised any form of benefit,paymentorcompensation,whether tangible or intangible,in connection withthegrantofthis Agreement. TheAwardee shall abideandbegovernedby Miami-Dade County Ordinance No.72-82 (Conflict of Interest Ordinance),asamended,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 thatare covered bytheabove standards.The Awardee shall makesuch disclosure in writing to PHCD immediatelyupon the Awardee'sdiscoveryofsuchpossible conflict.PHCD will thenrender anopinionwhichshallbebindingonallparties. The Awardee shall submit to PHCD,within five business daysof execution this Agreement,all updated Conflict ofInterest affidavits,RelatedParty Disclosure statements,listofcurrentBoard members,and list of all businessassociations with the following documents: >Original Agreement orits subsequent amendments. >Requests for budget revisions. >Requests forapprovalof subcontracts. Non-compliance with theabove requirements will be considered a breach of Agreement,which will result inthe immediate termination ofthe agreement,the recovery ofthe entire funding award,and the disqualification of funding through PHCD for a period ofthree years. a)Awardee certifies and represents that there are no undisclosed persons or entities interested with the Awardee in this Agreement.This Agreement is entered into bythe Awardee without any connection with any other entity or person making a proposal for the same purpose,andwithout collusion,fraudorconflictofinterest.Noelectedor appointed officer or official,director,employee,agent or other consultant ofthe County, orofthe State of Florida (including elected and appointed members ofthe legislative and executive branches of government),ora member ofthe immediate family or household of any of the aforesaid: i)is interested on behalf oforthrough the Awardee directly or indirectly in any manner whatsoever inthe execution orthe performance ofthis Agreement,or in the services, supplies orwork,to which this Agreement relates orinany portion ofthe revenues;or Page 19 ii)isanemployee,agent,advisor,orconsultanttotheAwardeeortothe best ofthe Awardee's knowledgeanysubcontractororsuppliertotheAwardee. b)Neither the Awardee nor any officer,director,employee,agency,parent,subsidiary,or affiliate oftheAwardeeshallhavean interest whichisinconflictwiththe Awardee's faithful performance ofits obligation under this Agreement;provided that the County,in itssole discretion,mayconsentin writing tosucha relationship,provided theAwardee provides the County withawrittennotice,in advance,whichidentifiesallthe individuals and entities involved and sets forth in detail the nature ofthe relationship and whyitis in theCounty'sbestinteresttoconsenttosuch relationship. c)The provisions ofthis Article are supplemental to,notin lieu of,all applicable laws with respect toconflict of interest.In the event there isa difference between the standards applicableunderthis Agreement and those providedbystatute,thestricterstandard shall apply. d)In the event Awardeehasno prior knowledgeofa conflict ofinterestassetforthabove and acquires information which may indicate thattheremaybean actual or apparent violation ofanyoftheabove,Awardeeshall promptly bring such information tothe attentionoftheCounty's Project Manager.Awardeeshallthereaftercooperatewiththe County'sreviewand investigation ofsuch information,andcomplywiththeinstructions Awardee receives fromtheProjectManagerinregardtoremedyingthesituation. T.Intentionally LeftBlank U.Publicity,Advertisements and Signage ThePartiesagreethattheAwardeeisfundedbytheCountyforCDBGActivities.Further,the Awardee agreesthatalleventsfundedbythis Agreement shallrecognizetheCountyand the United --•States Departmentof Housing and Urban Development(US HUD),as funding sourcesandthatthe Awardee shall ensurethat all publicity,public relations,advertisementsandsignsrecognizethe County andUS HUD forthe support ofallcontracted activities.Thisistoinclude,butisnotlimited to,all posted signs,pamphlets,wall plaques,cornerstones,dedications,notices,flyers,brochures, newsreleases,mediapackages,promotions,andstationery.Theuseofthe official Countylogois permissible.The Awardee shall ensure thatallmediarepresentatives,when inquiring about the activitiesfundedbythisAgreement,are informed thattheCountyandUS HUD arethe funding sources.TheAwardeeshallnotifytheCountyofall events and activities involving theProjectten (10)days priorto the activityor event. When theAwardeeobtain(s)the building permit(s),the CHMD Project ManagerattheDepartment, must benotifiedinorderto request theprojectsignfromMiami-DadeCounty Internal Services Department (ISD).Within thirty (30)daysoftheerectionofthesign,the CHMD ProjectManager will submitaninvoicetotheAwardeeforpaymentoftheprojectsigncost.TheAwardeeisresponsible forall costs forreplacingany amended,lost,defaced or missing sign.The signshallremainonthe premises atleastninety(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 SIGNS SHALLBE IN ACCORDANCEWITHTHEDETAILSHOWN IN ATTACHMENTF.Payment forfurnishing,installingandmaintainingthesignshall be under the bid amount formobilization. V.Procurement The Awardee must take affirmative steps toprocure supplies,equipment,construction,or services to fulfill this Agreement fromminorityand women's businesses,and to provide these sources the maximum feasibleopportunityto compete for subcontracts tobeprocuredpursuanttothis Agreement.Tothemaximum extent feasible,these businesses shallbelocatedinor owned by residents oftheCommunity Development areas designated byPHCDintheCDBGapplication approved by the supervising federal agency. Page 20 The Awardee shall assure that all subcontracts orthirdparty agreements contain provisions with stated goals,thatlow-income residents from Community Development Targetand Service Areas be providedwithopportunitiesfor employment and training incontractedactivities. In conformance with Section 3 of the Housing and Community Development Act of 1968,the Awardee must directfederal financing assistance towards Target Area residents and ensure that employment and economic opportunities begiventolowandvery low-income persons,particularly those who are recipients of government assistance for housing accordingto the guidelines mentioned below: 1.The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing andUrban Development Act of 1968,as amended,12 U.S.C.1701 (Section 3).The purpose of Section 3isto ensure that employment and other economic opportunities generated byHUD assistance orHUD-assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed tolow-and very low-income persons, particularly persons who are recipients ofHUD assistance for housing. 2.The parties to this Agreement agree to comply withHUD's regulations in24 CFR part135, which implement Section 3.As evidenced by their execution of this Agreement,the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3.The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding,ifany,a notice advising the labor organization or workers'representative of the Awardee's commitments under this Section 3 clause,and will post copies ofthe notice in conspicuous places at the work site where both employees and applicants fortrainingand employment positions can see the notice.The notice shall describe the Section 3 preference,shall set forth minimum number andjobtitles subject tohire,availabilityof apprenticeship and trainingpositions,the qualificationsforeach;and the name andlocationof the person(s) takingapplicationsfor each ofthepositions;andthe anticipated date the workshallbegin. 4.The Awardee agrees toincludethisSection3 clause ineverysubcontract subject to compiiance with regulations in "24 CFR part"135,andagreestotake appropriate action,as providedinanapplicableprovisionofthe subcontract orinthisSection3 clause,upona findingthat the subcontractor isinviolation of the regulations in24CFRpart 135.The Awardee willnot subcontract with any subcontractor where the Awardee has notice or knowledge thatthesubcontractorhas been foundinviolationoftheregulationsin24CFR part 135. 5.The Awardee will certifythatanyvacant employment positions,including training positions, thatare filled (1)after the Awardee is selected but before the Agreement is executed,and (2)withpersonsotherthanthosetowhomthe regulations of24CFRpart135 require employment opportunities to be directed,were not filledto circumvent the Awardee's obligations under 24 CFR part 135. 6.Noncompliancewith HUD's regulations in24CFRpart135mayresultinsanctions, terminationofthis Agreement fordefault,anddebarmentor suspension fromfuture HUD assisted contracts. 7.With respect to work performed in connection with Section3 covered Indian housing assistance,section 7(b)ofthe Indian Self-Determination and Education AssistanceAct (25 U.S.C.450e)also applies tothe work tobe performed under this Agreement.Section 7(b) requires thattothegreatestextent feasible (i)preference and opportunities for training and employment shallbegiventoIndians,and (ii)preference intheawardofcontractsand subcontracts shall be givento Indian organizationsandIndian-ownedEconomic Enterprises.Parties tothisAgreementthataresubjecttothe provisions ofSection3and section7(b)agreetocomply with Section3tothemaximumextentfeasible,butnotin derogation of compliance withsection7(b). 8.Fair SubcontractingPolicies(Ordinance97-35) All Awardees on County contracts in which subcontractors maybeused shall be subject to andcomplywith Ordinance 97-35asamended,requiring Awardeesto provide a detailed statement oftheirpoliciesandproceduresforawardingsubcontractswhich: Page 21 a)notifies the broadest number of local subcontractors ofthe opportunity to be awarded a subcontract; b)invites local subcontractors to submit bids/proposals in a practical,expedient way; c)provides local subcontractors access to information necessary to prepare'and formulate a subcontracting bid/proposal; d)allows local subcontractors tomeet with appropriate personnel ofthe Awardee to discusstheAwardee'srequirements;and e)awards subcontracts basedon full and complete consideration of all submitted proposals andin accordance with theAwardee'sstated objectives. All Awardees seeking to contract with the County shall,asa condition of award,provide a statement of their subcontracting policies and procedures (see Attachment G).The County will not execute this Agreement with Awardees who fail to provide a statement ofthe Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears tothe 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.Asdefinedon page 2 herein. b.Real Property:Land,land improvements,structures,fixtures and appurtenances thereto,excludingmovablemachineryandequipment. c.Personal Property:Personal property ofanykindexcept real property. 1)Tangible:All personal property having physical existence. _2)Injangibte All personal[property havingno physical existence suchaspatents,inventions,and copyrights. d.Nonexpendable Personal Property:Tangible personal property ofa nonconsumable nature,withavalueof$750ormoreperitem,withanormal expected life ofoneormoreyears,not fixed inplace,andnotan integral part ofa structure,facility or another pieceof equipment. e.Expendable Personal Property:All tangible personal property otherthan nonexpendable property. 2.TheAwardeeshallcomplywiththerealpropertyrequirementsasstatedbelow: a.Any real property under the Awardee's control thatwas acquired or improved by Awardee orPHCDin whole orinpartwithCDBGfunds received fromPHCDin excess of $25,000 shall be either: 1)Usedtomeetoneofthethree (3)CDBG national objectives until five (5) years after the expirationortermination of this Agreement,orfor such longerperiodoftime as determined byPHCDinitssoleand absolute discretion;or 2)Notusedtomeetoneofthethree(3)CDBG National Objectives.In the event thepropertyisnot used to meet one ofthenational objectives for five(5)years following the expirationorterminationofthis Agreement or such longer periodas determined byPHCD,the Awardee shall,in the sole discretionofPHCD,eitherpaytoPHCDan amount equalto the marketvalueofthepropertyas may bedeterminedbyPHCDinitssole and absolute discretion,less anyproportionateportionofthe value attributableto expenditures of non-CDBG fundsforacquisitionof,or improvement to,the propertyor transfer the propertytoPHCDatno cost toPHCD.Reimbursement isnotrequiredaftertheperiodoftime specified in Paragraph W.2.a.1„above. Page 22 b.Any real property under the Awardee's control that was acquired or improved in whole orinpartwith CDBG funds fromPHCDfor $25,000 or less shall be disposed of,at the expiration or termination of this Agreement,in accordance with instructions from PHCD. c.Allreal property purchased or improved in whole orinpart with funds from this and previous Agreements withPHCD,or transferred to the Awardee after being purchased in whole orinpartwithfundsfromPHCD,shall be listedin the property records of the Awardee and shall include a legal description;size;date of acquisition;value at time of acquisition;present market value;present condition; address or location;owner's name if different from the Awardee;information on the transfer or disposition of theproperty;and map indicating whether property is in parcels,lots,or blocks and showing adjacent streets and roads.The property records shall describe the programmatic purpose for which the property was acquired and identifytheCDBGnational objective thatwill be met.If the property was improved,the records shall describe the programmatic purpose for which the improvements were made andidentify the CDBGnational objective thatwill be met. d.For awards involving the purchase or improvement ofreal property,the Awardee agrees to execute a mortgage,loan document,or restrictive covenant for the CDBGawardwithPHCDwithin 180 daysafter the execution ofthis agreement. Failureto comply with this requirement may result inthe retraction of the CDBG awardfor the projectand termination of this agreement. e.Allrealpropertyshallbeinventoriedannuallybythe Awardee andaninventory reportshallbe submitted toPHCD.Thisreportshall include the elements listedin Paragraph W.2.C.,above. Nothinginthis section shallbeconstruedto limit the County's right tocollect from Awardee theentire amount of CDBGfundsawardedpursuanttothis Agreement inthe event Awardee failsto meet anational objective. 3.Inventory-Capital Equipment andRealProperty Allcapitalitemsacquiredfortheprojectbythe Awardee with funds allocatedinthis Agreementshallbe assets oftheAwardeeandmaybesecuredbyamortgage delivered to the County.Acapitalitem shall bedefinedasan item that:(1)hasaservice life in excess ofone year;(2)iseithercomplete within itselforisamajorcomponentofanotheritemof property;(3)by definition cannotbe described eitherassuppliesor materials;(4)will notbe consumedorloseits identity;and (5)hasa unit costof$500ormore.Awardee shall notify theCounty immediately uponacquiringanycapital items with funds allocatedinthis Agreement The County shall allow the Awardee to retain possessionof capital equipment after expiration ofthisAgreementaslongastheAwardeecontinuesto provide theservice describedinthe Scope ofServices (Attachment A).IftheAwardeedisbands,becomes defunct orinanywayceasestoexistoriftheAwardeeceasesto provide theservice described in theScopeof Services or another service of value,Awardee shall notify the County immediately and provide instructions describing how the County may take possessionofthe capital equipment.Awardee shall deliver totheCounty all documents of title or ownership and shall transfer or assign such ownership rights tothe County. Foreclosureof the Countymortgageor enforcement ofother documents shallnotbe required in order for the County to claim andtakepossessionof capital equipment. 4.The Awardee shall comply with the nonexpendable personal property requirements as stated below: a.All nonexpendable personal property purchased or improved in whole orin part withfundsfromthisandprevious Agreements with PHCD shallbelistedinthe property records ofthe Awardee and shall include a description ofthe property; location;model number;manufacturer's serial number;date of acquisition;funding source;unitcostatthe time of acquisition;present market value;property inventory number;information onits condition;and information on transfer, replacement,ordispositionofthe property. Page 23 b.All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with PHCD shall be inventoried annually bythe Awardee and an inventory report shall be submitted 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 in part with funds given to the Awardee pursuant to the terms of this Agreement shall vest in the County andPHCD. 5.The Awardee shall obtain prior written approval from PHCD for the disposition of real property,expendable personal property,and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this Agreement.The Awardee shall dispose of all such property in accordance with instructions from PHCD.Those instructions may require the return of all such propertytoPHCD. X.Program Income 1.Program Income as defined in 24 CFR Part 570.500 (a)means gross income received by the Awardee directly generated from activities supported by CDBG funds.When Program Income is generated by an activity that is only partially assisted with CDBG funds,the income shall be prorated to reflect the percentage of CDBG funds used. 2.The Awardee shall not,under any circumstances,use Program Income to pay for charges orexpenses that are specifically not allowed pursuant tothe terms of this Agreement and applicable federal regulations or rules,orany County rules or ordinance. a.The Awardee shall comply with the Program Income provisions in PHCD's Policies and Procedures Manual.If any Program Income provisions ofthe Policies and Procedures Manual conflict with any Program Income provisions of this Agreement,theprovisionsofthis Agreement shallrule. ..J?-_Ih?Awardee shalj report to PHCD all cumulative Program Income generated from activities financed in whole or in part by funds from this Agreement,for as long as it receives and/or has control over Program Income generated from this and any previous Agreements withPHCD.The Awarded must submit the informationfor the generated Program Income toPHCDquarterlyaspartof the Fiscal Section of the Awardee's Progress Report as outlined in Section ll.Paragraph F.2.a. The County mav expressly permit Awardee touse Program Income in theScope of Services.If such permissionisnot expressly set forthinthe Scope of Services, then Awardee must reouest permissionfromthe County to use Program Income foreligibleactivities.TheCountymavinitssolediscretiongrantsuchpermission, butsuch permission mav reguire the approval ofthe Board of County Commissioners. c.Ifthe Awardee requests touse Program Income,the Awardee shall provide to PHCD a written explanation ofthe activities tobeassisted with Program Income and shall obtain PHCD's written approval prior to implementing those activities. All provisions ofthis Agreement shall apply toany activity performed using Program Income. d.ShouldAwardeebe granted permission touse Program Income,Awardee'suseof Program Income shall besubjecttothe limitations set forth inthis Agreement and asset forth inthe CDBG regulations,24CFR Part 570.504(c)et.seq.Awardee acknowledges thatthe CDBG Regulations require that Awardee spend Program IncomebeforefurtherCDBGfundsaredrawndown.Therefore,inthe event that theCounty permits Awardee touse Program Income,Awardeeagreesthat Awardee shall expendthe Program Income funds prior toseeking payment of CDBG funds from the County.Twentypercent (20%)ofthe Program Income Awardee makes,.retains or receives shall be paid tothe County ona quarterly basisandreportedinAwardee'squarterlyProgressReport.Attheconclusionof thecontractperiodoruponterminationofthisContract,Awardeeshall immediately pay/return all Contract fundsand Program Income tothe County. Page 24 e.Should Awardee begranted permission to use ProgramIncomefromarevolving loanactivity,ProgramIncome must be used onlyforthe same revolvingloan activity. f.Should Awardee begranted permission to use ProgramIncome,Program Income froma revolving loanactivity,such as loan repayments,interest earned,late fees, and investment income,shall be substantially disbursed toeligible loans,loan- relatedprogrammaticcosts,andoperational costs forthe same revolvingloan activitybefore the Awardeemay request additional CDBGfunds for thatactivity. g.Should Awardee begrantedpermissionto use ProgramIncome,all Program Income from activitiesotherthana revolving loan activity shallbesubstantially disbursed tocarryoutotherPHCD-approvedCDBGeligible activities,andto cover operational costs before requesting additionalCDBGfunds. h.Anyproceedsfromthesaleof property asdetailedinSection II,ParagraphW.4., above,shall be considered ProgramIncome. i.TheAwardeeshall obtain,as part ofthe required audit report,validation bya certifiedauditorofallProgramIncomeanditsdisposition. 3.Upon expiration or termination ofthisAgreementorattheendofany program year,the Awardee shall transfer tothe County any Program Income funds onhand,and any Program Incomeaccounts receivable toany CDBG funded activities.PHCD may require remittance of all or part ofany Program Income balances (including investments thereof). 4.PHCD,initssoleandabsolute discretion,reservesthe right topursueothercoursesof action inthe retention anduseof Program Income generatedbytheAwardee,andsuch actionshallnotrequirean amendment tothisAgreement. Y.Travel ...J\)P Awardeeshall comply with the County's travel policies.Documentation of travel expenses shall conform to the requirements of PHCD's Policies and Procedures Manual Z.Subcontracts and Assignments 1.Unless otherwise specified in this Agreement,the Awardee shall not subcontract any portion ofthe work without the prior written consent ofthe County.Subcontracting without the prior consent ofthe County may result in termination ofthe Agreement for breach. When Subcontracting is allowed,the Awardee shall comply with County Resolution No. 1634-93,Section 10-34 ofthe County Code and Section 2-8.8 ofthe County Code. The Awardee shall ensurethat all subcontracts and assignments: a.Ensure thatno contractor,subcontractor orassigneeis listed ontheU.S.HUD's debarred,suspended,or ineligible contractors list;Awardee shall use,ata minimum,US HUD's Excluded Parties List Systemto confirm clearance of contractors.The system maybe accessed at https://www.sam.gov/Awardee shall provide to PHCD acopyofthesitepagethat indicates thenameandthe date itwas checked.Awardee shall further ensure that no contractor, subcontractor,or assignee is listed on Miami-Dade County's debarred Contractor's List;Awardee shall,ata minimum,checkat http://www.miamidade.gov/business/small-business.asD to determine ifa personorentityison Miami-Dade County'sdebarred contractor's list.Awardee shall provide PHCD with a printout copy ofthe site page that indicates the name and the date it was checked. b.Comply with all CDBG requirements,as applicable,as well as the regulations specified in PHCD's Policies and Procedures Manual. c.Identify the full,correct,and legal nameofthe party. d.Describe the activities tobe performed. Page 25 e.Present a complete and accurate breakdown of its price component. f.Incorporate a provision requiring compliance with all applicable regulatory and other requirements ofthis Agreement and with any conditions of approval that the County or PHCD deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service,as may be defined by PHCD,set forth in this Agreement.PHCD shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above,and; Result from an open competitive bid process generating a minimum of three bids Such competitive process shall be described in writing,approved by the Board of Directors and a copy of which submitted to PHCD.In such circumstances that open,competitive bids arenot feasible orthata minimum of three bids are unobtainable,permission to use other methods of award must be requested in writing and approved by PHCD prior tothe assignment or award of subcontract. The Awardee agrees that no assignment or sub-contract will be made or let in connection with the Agreement without the prior written approval of PHCD,which approval shall notbe unreasonably withheld,andthat all such sub-contractors or assignees shall be governed bythe 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 is not a party to the subcontract and has no obligation to the 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 in theScopeof Services.The Awardee andits '""subcontractors and suppliers.shall retain such records,and all other documents relevant to the Services furnished under this Agreement for a period of three (3) years from the expiration date of this Agreement andany extension thereof. 2.The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits,e.g.,social security,incometax withholdings,retirement orleave benefits,for the Consultant or employeesofthe Consultant normally available to direct employees ofthe Awardee.The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services providedinthissubcontract. 3.The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services.Regardless of any approvals by PHCD of subcontractsor subcontractors,theAwardee shall bear all risks associated with subcontracting performance oftheActivitiestoa subcontractor. 4.The Awardee shall receive from PHCD written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined by PHCD as described in this Agreement.PHCD's approval shall be obtained priortothereleaseofanyfundstothesubcontractor. 5.The Awardee shall receive written approval from PHCD prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receivebenefitsorpayments resulting from thisAgreement. 6.Approval by PHCD of any subcontract or assignment shall not under any circumstance be deemedto provide for the incurrence ofany obligation by PHCD inexcessofthe total dollar amount agreed upon inthis Agreement. Page 26 7.If the subcontract involves $100,000 or more to provide services listed inthe Scope of Services or suppliers to supply the materials,the Awardee shall provide the names of the subcontractors and suppliers toPHCD (Attachment H). 8.The Awardee agrees that itwill not change or substitute subcontractors or suppliers from the list (Attachment H)without prior written approval fromPHCD. 9.The Awardee shallnothire any of the Awardee's staff members or employees as subcontractors. AA.Additional Funding The Awardee shallnotifyPHCDofanyadditionalfunding received forany 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.TheAwardeeshallbepaidfor those expenses allowedpursuanttotheprovisionsprovided belowonlywhentheAwardee submits to PHCD adequate proof,asdeterminedby PHCD initssoleand absolute discretion,thatthe Awardee hasincurred the expenditures.Itshall be presumed thattheAwardeehasprovided adequate proofofhavingincurred expenses if theAwardeesubmitsto PHCD canceled checks or original invoices approvedbythe Awardee's authorized representative which show performance of the Activities described in Attachment Aand conformance withthelaws,rulesandregulations set forthinthis Agreement.When original documentscannotbepresented,theAwardeemustadequately justifytheir absence inwritingandfurnish copies of those documents toPHCD.The Awardee shallbepaidonlyfor those expenditures containedwithin Attachment B, "Budget,"tothisAgreementasitmayberevisedwiththe prior written approvalby PHCD. ...2.Requests for payment (reimbursement)shallbeassembledbycalendarmonthand submitted to PHCD no less frequentlythan monthly.Expenditures incurred bythe Awardee mustbesubmittedto PHCD,alongwithall original invoices,copiesoffrontandbackof cancelled checkspaid toallsubcontractorsandsuppliers,all release ofliensfrom alii subcontractorsand suppliers,and ail final approved permits,for payment within 30days afterthemonthinwhichtheexpenditureswere incurred.Failure tocomply will resultin rejection of invoices.In noevent shall theCountybe obligated topayanyinvoices for expenses which were incurred morethan60days prior tothedatetherequest for payment is submitted to PHCD. 3.In noevent shall the County provide advance CDBG funding tothe Awardee ortoany subcontractor hereunder,nor shall theAwardeeadvance CDBG funds toany party. 4.Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by PHCD of all reports and documents which the Awardee is required to submitto PHCD pursuanttothetermsofthisAgreementorany amendments thereto. 5.All payments will be limited tothe quarterly payment schedule that accompanies the action step chart in thescopeof services.Payment is contingent onthe achievement bythe Awardee ofthe quarterly accomplishment levels identified in thescopeof services portion of this agreement -Attachment A,which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met.This shall also apply tosoftcostsassociatedwithprojectdelivery. 6.No payment(s)will be made without evidence of appropriate insurance required by this Agreement.Suchevidencemustbeon file with PHCD andthe County's Internal Services Department.PHCD mustreceivethe final requestforpayment from theAwardeenomore than thirty (30)calendar days after the expiration or termination ofthis Agreement.Ifthe Awardee fails to comply with this requirement,the Awardee will forfeit all rights to payment(s)ifPHCD,inits sole discretion,so chooses. 7.All monies paid tothe Awardee which have not been used to retire outstanding obligations ofthisAgreementmustberefundedto PHCD inaccordancewithPHCD's Policies and Procedures Manual. Page 27 8.Any unexpended funds remaining after the completion ofthe services under this Agreement,or after termination ofthis Agreement,shall be recaptured in full by the County. 9.In theeventthe County determines that the Awardee has breached thetermsof this agreementandthatthe County is entitled to return ofanyor all ofthe funds awarded under this Agreement,Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County,its agencies or instrumentalities and the Awardee or any firm,corporation,partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award."Controlling financial interest" shall mean ownership,directly or indirectly to ten percent or more ofthe outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnershiporother business entity. 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 asa result of this Agreement,including,but not limited to any CDBG funds on hand,any accounts receivable,any overpayments dueto unearned funds orcosts 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 thecaseof activities involving real property,such reserves shall notbe distributed toany partner or subcontractor prior to repayment to PHCD ofthe CDBG Loan. The Awardee shall atthe request ofthe County execute any and all documents,including but not limited to,mortgages securing the property,UCC financing statements,and restrictive covenants,as required by the County to effectuate thereversion of assets. DD.Restriction on the Use of Funds The funds received pursuant this Agreement shall beused for the purposes set forth herein and shall notbeusedto supplant other funds.In noevent shall funds received pursuant 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 oranyofits 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 oranyofits agents,instrumentalities,employeesor officials. 2.Religious Purposes.County funds shall notbeused for religious purposes. 3.Commingling Funds.The Awardee shall not commingle funds provided underthis Agreementwithfundsreceived from anyother funding sources,butmaybe included ina DevelopmentBankAccount permitted bythe first mortgagelenderatthe discretion ofthe County. III.THE COUNTY AGREES: Subjecttothe availability of funds,topay for contracted Activities according tothetermsand conditions contained within this Agreement inan amount nottoexceedthe appropriated amount as stated on page 1of this contract. IV.THE AWARDEE AND PHCD AGREE: A.Effective Date 1.ThisAgreement shall beginonthe effective startdateasstatedonpage1ofthis contract. Anycosts incurred bythe Awardee prior to this date will notbe reimbursed bythe County. 2.ThisAgreement shall expireontheenddateasstatedonpage1ofthis contract .Any costs incurred bytheAwardeebeyondthisdate will notbe reimbursed bythe County.The termofthisagreementandthe provisions hereinmaybeextendedbythe County tocover any additonal time periodduringwhich the Awardee remains incontrolof the CDBGfunds orotherassests,including Program Income to support CDBG eligible activites.Any Page 28 extension made pursuant tothisparagraphshallbe accomplished byawritingbythe County tothe Awardee.Such noticeshall automatically become apart of this Agreement. 3.This Agreement may,at the sole and absolute discretion of the County and PHCD,remain in effect duringanyperiodthattheAwardeehascontrolover Agreement funds,including ProgramIncome.However,the Countyshall have noobligationor responsibility to make any payment,except those described within Section II,ParagraphY,orprovide any typeof assistance or support to the Awardee ifthis Agreement has expired or been terminated. 4.Management Evaluation and Performance Review The Department may conduct aformal management evaluationand performance reviewof theAwardee,ifintheDepartment'ssolediscretionitis deemed necessary andapplicable. The management evaluationshallreflect the Awardee'scompliancewithgenerally accepted fiscalandorganizational standards andpractices.The performance review shouldreflectthequalityofserviceprovidedandthevaluereceivedusingmonitoringdata, such as progress reports,sitevisits,andclient surveys. B.Default or Breach 1.TheAwardeeshallbeindefaultorbreachofthisAgreementifanyofthe following acts, omissions or conditions occur: a.TheAwardee fails to fulfill eachandevery provision ofthis Agreement andthe Attachments andfailstoprovidethe services outlinedinthe Scope of Services (Attachment A)within theeffectivetermofthisAgreement,includingbutnot limited to failure tomeetthe National Objective,asdeterminedbytheCountyand U.S.HUD. b.Awardee fails todisclose all Relatedor Affiliated Parties andallmatters required tobedisclosedastoRelatedorAffiliatedPartiestotheCounty as requriedherein. c.Filing ofalis pendens,foreclosure action,orother legal actionagainstthe Property,any property of Awardee or Related or Affiliated Party,"or"against AwardeeorRelatedor Affiliated PartywhichtheCountydetermines,initssole discretion,threatensthe Property orthe ability ofAwardeeto fulfill the provisions ofthisAgreementandtheservicesoutlinedinthe Scope ofServices. d.Any arrearage,default,orlatepaymentonanyloan,Noteorotherdebtor obligation for whichthe Property issecurityor regarding any property ofAwardee orRelatedor Affiliated Party,including properties not related tothisAgreement. e.Any legal encumbrance onthe Property not permitted in writing bythe County. f.Any anticipated or pending bankruptcy,restructuring,dissolution,reorganization, appointment of a trustee or receiver. g.Any action,activity,facts,orcircumstancesthatthe County determinesinitssole discretion would materially impair performance byAwardeeof all thetermsand conditions ofthis Agreement. h.Awardee fails to report tothe County within ten (10)days any bankruptcy, reorganziation,dissolution,liquidation,appointment ofatrusteeor receiver,lis pendens,foreclosure action or legal encumberance related tothe Awardee, Related or Affiliated Party orthe Property,orany action,activity,facts,or circumstances that would materially impair performance byAwardeeof all the terms and coditions ofthis Agreement. i.Failure to comply strictly with Section W(2)(a)(1)-(2)of this Agreement. j.Failure tomeetthe fifty percent (50%)or seventy percent (70%)Benchmarks,as set forth in this Agreement,orto submit documentation (via Progress Reports and applicablesupportingdocumentation)sufficienttoshowAwardeehasmetsaid Benchmarks. Page 29 C.Suspension 1.The County may suspend payment in whole or in part under this Contract by providing written notice tothe Awardee of such suspension and specifying the effective date thereof, at least ten (10)days before the effective date of suspension.If payments are suspended, the County shall specify in writing the actions that mustbe taken bythe Awardee as conditions precedent to resumption of payments and shall specify areasonabledate for compliance.The County may also suspend any payments in whole or in part under any other Agreements enteredintobetweenthe County andthe Awardee.TheAwardee shall be responsible for its own direct and indirect costs associated with such suspension, including attorney's fees.Reasonable cause shall be determined by PHCD,in its sole and absolute discretion,andmayinclude,butisnot limited to: a.Ineffective or improper useofthese Agreement funds bythe Awardee or any ofits subcontractors; b.Failure bythe Awardee to materially comply with any term or provision of this Agreement; c.Failure bythe Awardee to submit any documents required bythis Agreement;or d.The Awardee's submittal of incorrect or incomplete reports or other required documents. e.Failure tomeetthe fifty percent (50%)orseventy percent (70%)Benchmarks,as set forth inthis Agreement,orto submit documentation (via Progress Reportsand applicablesupportingdocumentation)sufficienttoshow Awardee has metsaid Benchmarks. 2.In theeventofa default bythe Awardee,PHCD mayatany time suspendthe Awardee's authority to obligate funds,withhold payments or both.These actions may apply to only partor all oftheactivitiesfundedbythisAgreement. 2.PHCD will notify the Awardee of the typeofaction to be taken in writfng by certified mail, returnreceiptrequested,orinpersonwithproofofdelivery.The notification will includethe reason(s)for such action,the conditions ofthe action,andthenecessary corrective action(s). D.Termination 1.Termination at Will This Agreement,inwholeorin part,maybe terminated by PHCD uponnolessthanten (10)workingdays notice when PHCD determines that itwouldbein the best interest of PHCD andthe County.Said notice shall be delivered by certified mail,return receipt requested,or in person with proof of delivery.In theeventof termination,the County may: (a)requestthe return of all finished or unfinished documents,data studies,surveys, drawings,maps,models,photographs,reports prepared,and capital equipment secured by the Awardee with County funds under this Agreement;(b)seek reimbursement of County funds allocated tothe Awardee under this Agreement;and/or (c)terminate or cancel any otherAgreementsenteredintobetweentheCountyandtheAwardee.TheAwardeeshall beresponsible for itsown direct and indirect costsassociatedwithsuch termination, includingattorney's fees. 2.Termination for Convenience PHCDmayterminatethisAgreement,inwhole part,inaccordancewith24CFRPart85.44, whenboth parties agreethatthe continuation oftheactivitieswouldnotproduce beneficial results commensurate with the further expenditure of funds.Both parties shall agree upon the termination conditions.PHCD,atitssole discretion,reservesthe right toterminatethis Agreement without cause upon thirty (30)days written notice.Upon receiptofsuchnotice, theAwardee shall notincurany additional costsunderthisAgreement. 3.Termination Because of Lack of Funds Page 30 In theeventofa funding short-fall,ora reduction in federal appropriations,orshouldfunds to finance this Agreement become unavailable,PHCD may terminate this Agreement upon no less than twenty-four (24)hours writtennotificationto the Awardee.Said notice shallbe delivered by certified mail,return receipt requested,or in person with proof of delivery. PHCDshall be thefinalauthorityto determine whether ornotfundsareavailable.PHCD mayatitsdiscretionterminate,renegotiateand/oradjusttheAgreementawardwhichever isinthe best interestoftheCounty. 4.TerminationforSubstantialFundingReduction In theeventofa substantial funding reduction ofthe allocation tothe Awardee through Board of County Commissioners'action,the Awardee may,atits discretion,request in writing from the Director of PHCD a release from its contractual obligations tothe County. The Director of PHCD will review the effect ofthe request onthe community and the County priortomakinga final determination. 5.Termination for Default or Breach PHCD may terminate this Agreement upon no less than twenty-four (24)hours written notification to the Awardee for breach or default. 6.Termination for Failure to Make Sufficient Progress. PHCD may terminate this Agreement,in whole or in part,when PHCD determines,in its sole and absolute discretion,that the Awardee is not making sufficient progress thereby endangering ultimate Agreement performance,or is not materially complying with any term or provision of this Agreement,PHCD may treat such failure to comply asa repudiation of this Agreement; 7.TerminationforBankruptcy The County reserves the right to terminate this Agreement,if,during the term"of any Agreement the Awardee has with the County,the Awardee becomes involved asa debtor in a bankruptcy proceeding,or becomes involved in a reorganization,dissolution,or liquidation proceeding,or ifa trustee or receiver is appointed over all ora substantial portion ofthe property ofthe Awardee under federal bankruptcy law or any state insolvency law. 8.General to Termination and Breach Unless the Awardee's breach is waived by the County in writing,the County may,by written notice to the Awardee,terminate this Agreement upon no less than twenty-four (24)hours notice.Said notice shall be delivered by certified mail,return receipt requested,or in person withproofofdelivery. Waiver of breach of any provision of this Agreement shall not be deemed tobea waiver of any other breach and shall not be construed tobea modification ofthe terms of this Agreement.The provisions herein do not limit the County's right to legal or equitable remedies.The County may resort to any remedy for breach provided herein or at law including but not limited to,taking over the performance ofthe Services or any part thereof eitherbyitselforthroughothers. In the event the County shall terminate this Agreement for default or breach,the County or its designated representatives,may immediately take possession of all applicable equipment,materials,products,documentation,reports and data. 9.Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami-Dade County,Section 2-8.4.1,any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud,misrepresentation or material misstatement,shall have its Agreement with Page 31 the County terminated,whenever practicable,as determined bythe County.The County mayterminateorcancelanyother Agreements whichsuch individual orother subcontracted entity has with the County.Such individual or entity shall be responsible for its own direct and indirect costs associated with such termination or cancellation,including attorney's fees.The foregoing notwithstanding,any individual or entity who attempts to meetit contractual obligations withtheCounty through fraud,misrepresentation or material misstatement maybe disbarred from County contracting for upto five (5)years. E.Other Remedies In addition to other provisions set forth herein,intheeventof default bythe Awardee,the County shall havethe right toexerciseanyand all ofthe following remedies: 1.Awardee shall be liable for all damages,including butnot limited to: a.thedifferencebetweenthecostassociatedwith procuring Serviceshereunderandthe amount actually expendedbytheCounty for reprocurement of Services,including procurement and administrative costs;and b.such otherdirect damages. 2.TheAwardeeshall remain liable for any 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 withacourtof appropriate jurisdiction.The Awardee shall be responsible foritsown direct and indirect costs associated with such enforcement,including attorney's fees. 4.DebartheAwardeefromfutureCountycontracting. 5.Anyother remedy availableatlaworequity. Damages Sustained.Notwithstanding the above,the Awardee shall notbe relieved of liability tothe CountyfordamagessustainedbytheCountybyvirtueofanybreachoftheAgreement,andthe Countymay withhold anypaymentstothe Awardee until suchtimeastheexact amount ofdamages duethe County is determined.The County mayalsopursueanyremedies available at law or equity to compensate forany damages sustained bythebreach. Payment Settlement.Ifterminationoccursfor reasons otherthanbreachordefault,Awardee shall bepaidonlyforreasonable,allowable costs incurred byAwardee prior tonoticeof termination. "Reasonable,allowable costs"arethosecostswhicharenecessaryinorderto perform Awardee's obligationsunderthisAgreementand specifically exclude expenses incurred prior totheexecution dateofthisAgreement,personal expenses,travel expenses,expenses relatedto additional phases of the Projectnotspecificallyandexpressly incorporated intothis Agreement.PHCD shallbethe sole judgeof"reasonable,allowable costs."All compensationpursuanttothis Article issubjecttoan auditat the County'sdiscretion.Awardeeshallnotreceive payment forlostfuture revenues,lost developer fees orlostprofits, E-1.Limitation ofLiabilityandLimitation of Remedies Awardee acknowledges thattheCountyis providing substantialfundsto Awardee atlowornocost toAwardee,andthat these CDBG fundsare for thepurposeof providing abenefittothecommunity health and welfare. Therefore,notwithstandinganyotherprovisionherein,thePartiesagreetothe following limitations onliabilitiesforanyandallclaimsofanykindarisingfromorin connection withperformanceor breach ofthis Agreement,whichlimitationsshallapplyequallytobothParties: 1.Both Parties'cumulative liability for damages,ifany,islimitedtotheamountoftheCDBG funds set forthin Section III,above. Page 32 2.Neither party shall be liable forlost revenues,lost profits,lost program income,orlost developer fees. 3.Each party shall bear itsown attorney's fees and costs. 4.Neither partyshallbeliablefor costs incurred by the other partypriorto the execution of this Agreement. F.Renegotiation,Modification and RighttoWaive 1.ModificationsofprovisionsofthisAgreementshallbevalidonlywheninwritingandsigned bydulyauthorized representatives of each party,whichfortheCountyistheCountyMayor orMayor's designee.The parties agree to renegotiate this Agreement ifPHCD determines, initssoleand absolute discretion,thatfederal,state,and/orCountyrevisionsofany applicable laws or regulations,or increases or decreases in budget allocations make changes inthisAgreementnecessary.PHCD shallbethe final authorityindetermining whetherornotfundsforthisAgreementareavailableduetofederal,state and/or County revisionsofany applicable lawsorregulations,or increases inbudgetallocations. 2.TheCountyshallhave the righttoexerciseanoptionto extend this Agreement beyondthe current Agreement period and will notifythe Awardee inwritingof the extension.This Agreement maybe extended beyondthe initial extension perioduponmutual agreement betweentheCountyandthe Awardee,uponapprovalbytheCountyMayororMayor's designee. 3.TheCountymay,forgoodand sufficient cause,waiveprovisionsinthisAgreement.Waiver requests fromtheAwardeeshallbein writing.Nowaivershallbevalidunlessin writing and signed bytheCountyMayororMayor's designee.Anywaivershallnotbe construed to be a modification of this Agreement. 4.The County's failure toexerciseanyofits rights underthis Agreement,orthe County's waiverofa provision onanyone occasion,shallnot constitute a waiver ofsuch rights or provision onanyother occasion.No failure ordelaybythe County intheexerciseofany right shall operate as a waiver. G.BudgetRevisionsandChangestothe CDBG Eligibility Activity Title 1.Revisions tothe Budget (Attachment B)shall be requested in writing and must comply with PHCD's Policies and Procedures Manual.All budget revisions shall require an amendmentofthisAgreement,which the County shallhaveno obligation toexecute.The County shallnotbe obligated tomake payments for expenditures incurred prior tothe approvalofthebudgetrevisionrelatedtosuch expenditures. 2.BudgetRevisionsThroughCountyResolution Should a portion ofthe funding allocation tothe Awardee be rescinded by action from the BoardofCounty Commissioners,written notification viacertifiedmailtotheAwardee advising ofthe funding reduction shall besent by PHCD no later than five (5)working days ofthe action;written notification will constituteaAgreementamendment.TheAwardee will have five working daysupon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments.Should the modified budget notbe received within the specified time,The County will revise the budget at its discretion.The County in itssoleand absolute discretion will determinewhethersubstantialreductions will necessitate revision and resubmittal ofthe Scope of Service (Attachment A).Revisions to theScopeofServices,when required,will be negotiated tothe mutual satisfaction of both parties. 3.Revisions tothe CDBG eligibility activity titles under which this Agreement's objectives are classified as noted in theScopeof Services shall not require a Agreement amendment. H.Compliance Page 33 The County shall have the right to inspect,monitor,and inquire of Awardee ,atthe sole and absolute discretion ofthe County,remain in effect during any period that the Awardee is obligated to complete a National Objective or has control over Agreement funds,including Program Income,in order to ensure compliance with the CDBG Regulations.However,the County shall have'no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee ifthis Agreement has expiredor been terminated. The Awardee agrees to comply with all applicable State and County laws,rules and regulations, whichare incorporated herein by reference or fully set forth herein. Any alterations,variations,modifications,extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing,duly approved and signed by both parties andattachedtothe original of this Agreement. This contract may be executed in counterpart copies,and these counterparts shall together constitute an original ofthis Agreement. I.Disputes In theeventan unresolved dispute existsbetweenthe Awardee and PHCD,PHCD shall refer the questions,including theviewsof all interested parties and the recommendation of PHCD,tothe County Mayor for determination.The County Mayor,or an authorized representative,will issue a determination within thirty (30)calendar days of receipt and so advise PHCD and the Awardee,or in the event additional time is necessary,PHCD will notify the Awardee within the thirty (30)day period that additional time is 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 ofthe State of Florida.Any dispute arising under,in connection with or related tothisAgreementor related toanymatter which isthe subjectofthisAgreementshallbesubjecttotheexclusive jurisdiction ofthestateand/or federal courtslocatedinMiami-DadeCounty,Florida. M.Notice and Contact All noticesbetweenthe Parties shall bein writing andsentby registered or certified mail and addressed as follows: TO AWARDEE:CityofSouth Miami 6130 Sunset Drive South Miami,FL 33143-5040 Attn:Ms.Jennifer Korth COPY TO: Attn: Page 34 TOCOUNTY:Miami-DadeCounty 111 N.W.1st Street Miami,Florida 33128 Attn:Russell Benford,Deputy Mayor COPYTO:Public Housing andCommunity Development 701NW 1st Court,14th Floor Miami,FL 33136 Attn:Michael Liu,Director COPY TO:Public Housing andCommunityDevelopment 701NW 1st Court,14th Floor Miami,FL 33136 Attn:Letitia Goodson,PHCD Project Manager COPYTO:Assistant CountyAttorney County Attorney's Office 111 N.W.1st Street,Suite 2810 Miami,Florida 33128 Attn:Brenda Kuhns Neuman,Esquire Suchaddressesmaybechangedby written notice totheother party. In theeventthat different representatives are designated by either party after this Agreement is executed,orthe Awardee changesits address,notice ofthenameofthenew representative ornew address will be rendered in writing tothe other party andsaid notification attached to originals of this Agreement. In theevent that any ofthe information required bythe provisions of this Article is changed by either ofthe Parties after the execution of this Agreement,the affected Party shall give notice in writing within five (5)daystothe other Party ofthe amended pertinent information,which shall be attached andincorporatedintothis Agreement. N."WAIVEROFJURYTRIAL ~ NEITHER THEAWARDEE,SUBCONTRACTOR,NOR ANYOTHERPERSON LIABLE FOR THE RESPONSIBILITIES,OBLIGATIONS,SERVICESAND REPRESENTATIONS HEREIN NOR ANY ASSIGNEE,SUCCESSOR,HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE SUBCONTRACTOR ORANY SUCH OTHER PERSON OR ENTITY SHALL SEEKA JURY TRIAL IN ANY LAWSUIT,PROCEEDING,COUNTERCLAIM ORANY OTHER LITIGATION PROCEDURE BASED UPON OR ARISING OUT OF THIS AGREEMENT,OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES,ORANY OF THEM NEITHER AWARDEE,SUBCONTRACTOR,NOR ANY SUCH PERSON OR ENTITY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO,AND THE PROVISIONS HEREOF SHALL BE SUBJECT TO NO EXCEPTIONS NO PARTY HAS IN ANYWAY AGREED WITH OR REPRESENTED TOANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. O.Assignment The Awardee shall not assign,transfer,hypothecate or otherwise dispose of this Agreement, including any rights,title or interest therein,or its power to execute such Agreement to any person! company or corporation without the prior written consent ofthe County. P.Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. Q.Survival Page 35 The parties acknowledge that many of the obligations in this agreement,including but not limited to Awardee's obligation to indemnify the County,maintain Contract Records,and provide sufficient evidence of CDBG Regulation compliance for the duration of the period in which Awardee is obligated to meet a National Objective or has control over CDBG funds as well as the County's right to inspect and monitor the Project and Awardee for complaince with the HOME Regulations,will survive the term,termination,and cancellation hereof.Accordingly,the respective obligations of the Awardee and the County under this agreement,which by nature would continue beyond the termination,cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. R.Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no affiliation between the contracting parties.It is expressly understood and intended thatthe Awardee is only a recipient of funding support and is not an agent,employee,servant or instrumentality of the County. TheAwardeeis,and shall be,inthe performance of all work servicesand activities underthis Agreement,an independent contractor,and not an employee,agent or servant of the County.All personsengagedinanyoftheworkor services performed pursuant tothis Agreement shall at all times,and in all places,be subject tothe Awardee's sole direction,supervision and control.The Awardee shall exercise control over the means and manner in which it and its employees perform the work,and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees,servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise,Agreement or representation otherthan specifically provided for inthis Agreement. S.All Terms and Conditions Included This Agreement andits attachments as referenced (Attachment A-Scopeof Services;Attachment A1-Action Steps;Attachment B-Budget;Attachment B-1(N)Idemnification and Insurance Requirements;Attachment B-2 -CDBG Program Requirements (Housing Only);Attachment C- Progress Report,Set-Up Forms,Performance &Benefit Data Supplement to 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 thetermsand conditions agreed upon bythe parties.No other Agreement,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or bind anyofthe parties hereto. T.Conflict In theevent that a conflict arises between any prior funding documents and/or agreements governing this development,theterms,provisions and definitions included in this Agreement shall prevail. In theeventthattheSubsidy Layering Review (SLR)or Underwriting analysis determine the project's true "gap"financing needstobelessthanthe maximum award allocated bythe Board of County Commissioners,theSLR amount shallprevailandtheamountofCDBGfundsdescribedin thisAgreement shall besubsequently reduced."Gap"financing meansthe difference betweenthe amountof financing available for the Project from othersourcesandthe total project cost.In the event Awardee applies for andis awarded bythe Board of County Commissioners (HBCC) additional funding for thesame Project,as described inthis Agreement,aseparateAgreementor amendment to this Agreement mustbe negotiated and executed between Awardee and the County Mayoror Mayor's designee.Anydifferences between the termsandconditions set forth inthis Agreementandthesubsequent funding award shall require a negotiation betweenthe Parties in ordertoresolvethose differences.Awardee understands and acknowledges thatchangestothe Project or Activities described in this Agreement maynotbe accomplished by applying for and being awarded subsequent funds bythe BCC.In theeventthatAwardee applies for andis awarded bythe BCC funding for an additional phaseofthesame Project,a separate agreement mustbe negotiated and executed between theParties.Underno circumstances shall Awardee assert that a Page 36 subsequent application for andawardoffundsforthesameprojectconstitutesand amendment of thisAgreement.Awardeeexpresslyassumesanyand all risk of loss ordamageassociated with a subsequent application for and award of funds for thesame Project where such subsequent application byAwardeeincludestermswhich conflict withthetermsofthisAgreement. U.Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance ofthe provisions of this Agreement.Wherever used herein,the singular shall include the plural and plural shall includethe singular,andpronouns shall bereadasmasculine,feminine or neuter as the context requires. V.Survival The parties acknowledge that anyofthe obligations inthis Agreement,including butnot limited to theAwardee's obligation toindemnifythe County,will survivetheterm,termination and cancellation hereof.Accordingly,the respective obligations ofthe Awardee and the County under this Agreement,which by nature would continue beyond the termination,cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. W.Corporate Governance A Not-for-Profit Awardee shall abide by and be governed by Chapter 617,Florida Statutes, particularly Sections 617.0830 through 617.0835 as amended,which are incorporated herein by reference asif fully set forth herein in connection with its Agreement obligations hereunder. A For-Profit Awardee shall abide by and be governed by Chapter 607,Florida Statutes,particularly Sections 607.0830 through 607.0833,as amended,which is incorporated herein by reference asif fully set forth herein in connection with its contractual obligations hereunder. Page 37 IN WITNESS THEREOF,the parties hereto have caused this Thirty-Eight (38)page contract to be executed by their undersigned officials as duly authorized,this gn>dayof Qgg.2015. AWARDEE: City of South Miami BY: TITLE: DATE:lo/^pDi^ BY: NAME:Al/UUX\AAJU^rJL^ T,TLE:-ftttj-Gierke DATE:1°j i6~j&JZ\'5 Witnesses BY: BY:, Hgnature)JT Type orPrint Name Federal ID Number:596000431 Resolution #:R-579-15 Awardee's Fiscal Year Ending Date: CORPORATE SEAL: AGREEMENT IS NOT VALIDUNTIL SIGNED AND DATED BY BOTH PARTIES Type or Print Name MIAMI-DADE BY: NAME:Carlos A.Gimenez TITLE:Mayor DATE:l^2*)t~i<T TITLE:Clerk,BoardofCounty Commissioners DATE:/^/so//< Page 38 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FY 2015 Scope of Services October 1,2015 through September 30,2017 Agency Name:City of South Miami ATTACHMENT A 1.-ACTIVITY TITLE: IDIS#: RESOLUTION #: DUNS#: -ACTIVITY DESCRIPTION: 2a -Activity Category: 2b.-Objective: 2c.-Outcome: 2d.-Scope ofwork (Attached)j ] -APPROVED BY BCC: Other FundingSourceand Amount: -FY 2015 FUNDING REQUESTED: -HUD INFORMATION: 5a.-HUD matrix code: 5b.-HUDActivityType: 5c.-HUD National Citation -ACCOMPLISHMENTS: 6a.-Number of Units: 6b.-Type: -NATIONAL OBJECTIVE: Total #of Low/Mod in Service Area: Census Tract: BlockGroup: -ACTIVITY ADDRESS: -LOCATION: NRSA(Activitylocatedin): District(Activitylocatedin): -LABOR STANDARD applicable SW 64th Street,between SW 57th Avenueand 62nd Avenue R-579-15 24628976 2.Street improvements to install/improve bufferedbike lanes:including drainage renovations,landscaping,signage,pavementmarkingsand resurfacingalong SW 64th street between SW 57th and62ndavenue. PublicFacilitiesandCapital Improvement Sustainable Living Environment Availability/Accessibility 3.Amount:$336,000 Source:CDBG FY:2015 $84,000 City of South Miami 4.$336,000 5. 3K LMA 570.208(a)(2) 570.201(c) 6. 1 Public Facilities 7. 76.04 8.6130 Sunset Drive South Miami,FL33143 9. South Miami 7 10. •Building •Residential •Highway •Heavy 11. 12. Set aside units different from total units INSURANCE REQUIREMENTS: Project Manager:Letitia Goodson Worker's Compensation Insurance,Commercial General Liability Insurance, Auto mobility Liability Insurance and Professional Liability Insurance.See Attachment fordetailed rejEofcenjents. FY 2015 CDBG Funding Application SW 64th Street BikeLane&Street Improvements Scope of Services 1.Detailed Activity Description "American urbanism has been a process through which communities -diverse in ideology,interest,in income,in ethnic background and in racial - identification -have negotiated space.Some of this evolution has been brutal. Today's cities are,among other things,the result of generations of racism and classism and struggles in the face ofthose discriminations.As decades and centuries have gone by,racial boundaries in the United States have shift; discrimination has remained.Transportation has been neartheheartofthat struggle from the start.From housing choice to bus frequency to freeway routing to sidewalk quality,cities have often failed to equitably distribute the costs and benefits ofmobility." -Building Equity -Areport from People for Bikes and Alliance for Biking and Walking This project aims to ensure that the City of South Miami provides mobility choices throughout theentire district.Specifically,the following items will be included: -Designated bikelanesonboth sides of SW 64thStreet between SW 57th Avenue and SW 62nd Avenue with buffer islands where right-a-way is adequate. -Shared green colored bike lanes atthe intersections of SW 59th Place and SW 57th Avenue. -Resurfacing of intersection of SW 59th Place for existing stamped concrete. -Evaluation and establishment of drainage impacts throughout corridor. -Milling andresurfacingofentire SW 64thStreet corridor between SW 57thAvenueand SW 62ndAvenue(Approx.Length2600 LF). -Signing and Pavement Markings,including new bike lane symbols and sharrows. -Landscaping -New concrete curb type "D"for buffer islands. 2.Activity Location SW 64th Street (Hardee Drive),between SW 57th Avenue (Red Road)and SW 62nd Avenue 3.Target Population The South Miami NRSA almost entirely consist of a minority community.The 2000 Census figures indicate that 83%are Black and African American.With more than 32%of the populate falling below poverty level,property is clearly a major issue in the SMCRA Moreover,educational attainment levels of the redevelopment*area's residents continue to lag behind regional levels.In 2000,nearly 36%of the population never graduated high school, wh.le 18%mthe C.ty and 32%in the County did not graduate.The boundaries of the SMCRA are/"^u'r6 °n ^S°Uth 'SW 62nd Street °n the North-SW 62"d Avenue on the WestandSW57thAvenue(Red Road)onthe East. 4.Priority Needs Statements This activity meets one or more of the County's high priority needs listed in the FY 2013-2017 Consolidated Plan: mnrlGOa,:^^f ^eqUate PUb'iC fadlitieS 3nd C3pital 'movements to benefit low-tomoderateareasandresidents Proposed Five-Year Funding priorities and strategies: Public Facilities and Capital Improvements:The County shall prioritize funding to upgrade-parks,community centers,and street and roadway improvements to benefit low-fo moderateincomeresidentsinMiami-Dade County.moaerate SI**Miam'NRSA priori,v needstable-Pubfc «"*•-—* Quarterly Milestones /Action Steps FY 2015,Quarter 3 April I,2015-June 30,2015 Receive funding from Community Development Block Grant (CDBG) -Staff coordination to prepare scope of work -Consultant Selection from the City of South Miami CCNA list FY 2015,Quarter 4 July 1,2015 -September 30,2015 Commission Approval -Provide Purchase Order to Consultant -Consultant is to provide 30%plans to the City for review -City will provide comments for 30%submittal Attachment Al Public Facilities and Infrastructure Improvements -FY 15 SW 64th Street,between SW 57th Ave.and 62nd Ave.(Bike Lanes) ID Task Name Required Resource i Enter in the % of Task Completed (as of today) Enter in the Start Date of Task Calculated End Date of Task Notes: 1v1 Lontract ueveiopmenc rnase •-•;.."-:.••'/•":-.V:.{;.."•. 1.1.1 submittal of scope and budget Agency .100.00 8/1/15 8/31/15 1.1.2 scope and budget review byPublicHousingand Community Development (PHCD)Project Manager (PM)Project Manager 0.00 9/1/15 9/30/15 1.1.3 prepare and assemble contract with Attachments AtoH (24cfr 92.504)Project Manager 0.00 9/1/15 9/30/15 1.1.4 submit contract for agency signature to execute Project Manager 0.00 10/1/15 10/15/15 1.1.5 return signed contract to PHCD forfinal processing Agency 0.00 10/15/15 11/15/15 1.1.6 receive and distribute executed PHCD Contract Project Manager 0.00 11/15/15 12/15/15 1.1.7 submitrequiredEnviromentalReview (ER)form(see attachment Din the Contract)Agency ,0.00 7/1/15 12/31/15 1.1.8 environmental review process Environmental Specialist ;0.00 7/1/15 1/31/16 . Milestone Keview 1>2 Fr^je^iWent'Phase •'I-;...!--!•'".,:•••.'•7-;^^:-;.^,:.;'•."•;•-..,,;•;',.'.'.'.;.•'•';.'."'n--."'•:•.:•:':'-••'•:•.'•'^••-.'i-:-.;v--:--.':- 1.2.1 submit required insurance certificate Agency 0.00 2/1/16 2/15/16 1.2.2 Environment clearance letter Environmental Specialist i 0.00 2/1/16 2/15/16 Milestone Keview , 1.3 utbivaN rre-Bia Knase •.;•••'.-i ' :••:'•••-•••.'---1 '•••.-.•.'•;.•...-.••..'-..:•.••:.•'.•:.'••': 1.3.1 Select consultant from City's CCNAlist Agency 9 o.oo 2/15/16 3/15/16 1.3.2 Approvalof consultant byCity Commsission O o.oo 2/15/16 3/15/16 1.4 Submit-UhblbN contracTtbVyHCLrKeview^''.'•'•'••.-•••!''•••••'•'..•"v.-''",'--/•'• 1.4.1 Submit executed design contract for PHCD review ©0.00 3/15/16 3/30/16 1.5 PhblbN Hhase •'•".'•:"j :::^,\:-^-.'-.;,'•...--•••••••-'•',:.".i::' 1.5.1 Development of Construction Documents £u.oo 4/1/16 10/30/16 i . 1 •,#:'.•-.'.:Xprn^rrUN Hrer BidHbasei 1 1 ',"/•'* 1.6.1 RFP package for General Contractor (GC)Agency 0.00 11/1/16 12/31/16 1.6.2 Submit RFP package to PHCD Agency 0.00 11/1/16 12/31/16 1.6.3 reviewGCbidpackageby PHCD Project Manager 0.00 11/1/16 12/31/16 1.6.4 Submit revised RFP feedback to Agency Project Manager 0.00 11/1/16 12/31/16 1.6.5 Give written approval forRFP Project Manager 0.00 11/1/16 12/31/16 .... 1.6.6 Pre-bid meeting Agency/ProjectManager 1 0.00 11/1/16 12/31/16 . 1.6.7 Bid/RFP opening Agency 0.00 11/1/16 12/31/16 i Page1 of 3 asof 9/21/2015 AttachmentAl IDTaskNameRequiredResource Enterinthe% ofTask Completed(as oftoday) Enterinthe StartDateof Task CalculatedEnd DateofTaskNotes: 1.6.8CheckdebarmentlistAgencyi11/1/1612/31/16 1.6.9Selection/AwardAgency0.0011/1/1612/31/16 1.6.10PlaceordertorMiami-DadeConstructionSignProjectManager0.0011/1/1612/31/16 MilestoneKeview 1.7.SubmitCUNSIKULJlUNcontr'acttorPHLUKeyiew;;,-.••:':-H::-r^T:fi:M' 1.7.1executedGCcontractAgency0.001/1/172/29/2017 1.7.2 SubmitGCcontract,bidtabulations,recommendationby agencystaff,resolutionapproviginselection,copyofadto PHCDAgency0.001/1/162/29/2017 1.7.3PHCDReviewGCcontract/checkdebarmentlistProjectManager0.001/1/162/29/2017 1.7.4GiveagencywrittenapprovalforsubcontractProjectManager0.001/1/162/29/2017 1.7.5CertificateofInsuranceConstructionManager0.001/1/162/29/2017 1.7.6PaymentofPerformanceBondConstructionManager!0.001/1/162/29/2017 1.7.7 SubmitcopiesofState,CountyandCityLicencesand CerticateofCompetenciesConstructionManager0.001/1/162/29/2017 1.7.8SubmitW-9RequestforTaxpayerID#ConstructionManager0.001/1/162/29/2017 MilestoneReview1 i;8lUNSlkULIlUNPhasevv:'>.'•"•••.'•'.:•./:;..-,;5VvV••-•';,•Xfe^::'•i'W%'•'..••.•••.';•'.'•.'''.;••-'.'.•'"''•''•.•••-''-.-,('.-7.. i.Mpre-constructionconferenceAgency0.00itt/ii3/31/17 1.8.2noticetoproceedAgency0.003/1/173/31/17 1.8.3obtainpermitsAgency0.003/1/173/31/17 i.yINFRASTRUCTUREIMPROVEMENTSONLY•/'•;•-'v/1"--"v]•'.'••-•.-'; 1.9.1MobilizationAgency0.004/1/175/30/17 1A1maintenanceoftrafficAgency0.004/1/175/30/17 1.9.3submitpaymentrequestAgency;0.004/1/175/30/17 1.9.4removeasphaltpavementAgencyj0.004/1/175/30/17 1.9.5submitpaymentrequestAgency0.004/1/175/30/17 1.9.6Davis-BaconComplainceAgency0.00 1.9./DrainageAgencyu.uu4/1/174/30/17 1.9.8curbinletAgency0.004/1/174/30/17 1.9.9pipesAgency0.004/1/174/30/17 1.9.10submitpaymentrequestAgency0.004/1/174/30/17 1.9.11Davis-BaconComplainceAgency0.00 1.9.12PavingAgencyu.uufc/l/W6/30/17 1.9.13constructconcretecrubAgency0.006/1/176/30/17 1.9.14submitpaymentrequestAgency0.006/1/176/30/17 1.9.1bDavis-BaconComplainceAgencyi0.00 Page2of3 as'of9/21/2015 Attachment Al ID Task Name i Required Resource Enter in the % of Task Completed (as of today) Enter in the Start Date of Task Calculated End Date of Task Notes: i.y.ib Mripmg and Signs Agency u.uu 7/1/17 7/15/17 1.9.17 pavement markers Agency 0.00 7/1/17 7/15/17 1.9.18 reflective pavement markers Agency 0.00 7/1/17 7/15/17 1.9.19 submitpayment request Agency 0.00 7/1/17 7/15/17 1.9.20 Davis-Bacon Complaince Agency >0.00 7/1/17 7/15/17 \.v.n Landscape Agency u.uu 7/16/17 7/31/17 1.9.22 soa "Agency u.uu 7/15/17 7/31/17 2.1 Participant tligibihty Phase 7 .,..,....,,-,»•.'•',•••/!• 2.1.1 determine that each participant isincomeeligibleby determining the family's annual income.Agency 0.00 8/1/17 8/31/17 If applicable 2.1.2 Examine the source documents evidencing annual income (e.g.,wage statement,interest statement,unemployment compensation statement)for the family i Agency 0.00 8/1/17 8/31/17 If applicable 2.1.3 CensusTractandBlockGroup Information Agency 0.00 8/1/17 8/31/17 If applicable Milestone Keview 2.2 •'•'':'.••• 2.2.1 submit final progress report Agency 0.00 10/1/17 10/10/17 2.2.2 submit payment withfinal release ofliens Agency 0.00 9/1/17 10/31/17 2.2.3 final walk thru All 0.00 9/1/17 10/31/17 2.2.4 Certificateof completion Agency 0.00 9/1/17 10/31/17 2.2.5 project completion form Agency 0.00 9/1/17 10/31/17 2.2.6 construction close out All 0.00 9/1/17 10/31/17 2.2.7 report accomplishment in IDIS PHCD's complaince unit 0.00 10/1/17 12/31/17 2.2.8 submit project close letter to agency PHCD's complaince unit 0.00 10/1/17 12/31/17 Milestone Review ; Inspection of set aside units PHCD inspector 0.00 Inspection of set aside units PHCD inspector 0.00 Inspection of set aside units PHCD inspector 0.00 Inspection of set aside units PHCD inspector 0.00 Inspection of set aside units PHCD inspector 0.00 ! •iv-^:aw-:.;r-u:v-:-.":.^:-^veraii project Percent complete•-.-•ifniv//ni ;Page3of3 as of 9/21/2015 ATTACHMENT B CITY OF SOUTH MIAMI SW 64th Street,between SW57thAve.and62ndAve.(BikeLanes) CDBG FY 2015 Summary Budget October 1,2015 -September 30,2017 CATEGORIES NON-PHCD FY 2015 FUNDING FUNDING TOTAL ALL SOURCES 1.Personnel s -$-$- II.Contractual Services $60,000.00 $-$60,000.00 III.Operating Services $-$-$- IV.Capital Outlay $276,000.00 $84,000.00 $360,000.00 TOTAL BUDGET $336,000.00 $84,000.00 $420,000.00 SOURCES OF OTHER FUNDING TOTAL AMOUNT ... City of South Miami 84,000.00 ATTACHMENT B CITYOF SOUTH MIAMI CDBG FY 2015 SW 64thStreet between SW 57th Ave.and 62nd Ave.(Bike Lanes) DETAIL BUDGET October 1,2015thru September 30,2017 PP Non-PHCO PHCD 2015 Total All Sources 0410 PERSONNEL -Employee Regular-Salaries Position #1 $$$ Position #2 s $$ Position #3 $$$ Sub-Total Salaries $$$ 4010 Fringe Benefits FICA (salaryX7.65%)$$$ Sub-Total Fringe $$$ Total Personnel $$s Contractual Services 21011 External Audit $$$ 21012 Environmental Audit s $$ 21030OtherProfessional-Design $$60,000.00 $60,000.00 21030 Other Professional SVC $$$ 22350 Bottled Water $S s 25330 Rent Copier $$$ 25511 Building Rental $$s Total Contractual $$60,000.00 $60,000.00 Operating Expenses 31011 Telephone Regular $ to- s - 31011 Telephone LongDistance •to s $- 31610 Postage $ to- $- 31420 AdvertisingRadio $$$- Total Operating Expenses $$$- Commodities 31510 Outside Printing •tA <A $- 95020 Computer Purchase •tA •to $- 47010 Office Supplies /Outside Vendors tO tO $- Total Commodities $$$- Capital Outlay 90 Construction $84,000.00 $275,000.00 $359,000.00 Signage $$1,000.00 $1,000.00 Infrastructure Improvements $$$- TotalCapital Outlay $84,000.00 $276,000.00 $360,000.00 TOTAL BUDGET $84,000.00 $336,000.00 $420,000.00 SOURCES OF OTHER FUhDING Cityof South Miami TOTAL AMOUISfT $84,000.00 ATTACHMENT B-1(N) INDEMNIFICATION GovernmententityshallindemnifyandholdharmlesstheCountyandits officers,employees, agentsandinstrumentalitiesfromanyandallliability,lossesordamages,including attorneys5 fees andcostsofdefense,whichtheCountyorits officers,employees,agentsor instrumentalities may incurasaresultofclaims,demands,suits,causesofactionsorproceedingsofanykindornature arisingoutof,relatingtoorresultingfromthe performance ofthisAgreementbythe Government entityorits employees,agents,servants,partners principals or subcontractors.Government entity shallpayallclaimsandlossesinconnection therewith andshall investigate anddefendallclaims, suits or actions of any kind or nature inthe name of the County,where applicable,including appellate proceedings,and shall payall costs,judgments,and attorney's fees which may issue thereon.Government entity expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Government entity shall inno way limit the responsibility to indemnify,keep and save harmless and defend the County or its officers, employees,agents and instrumentalities as herein provided. Public Housing and Community Development Attachment B-2 Community Development Block Grant (CDBG)Program Not Applicable ATTACHMENT C I'frdfW PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 Reporting Period: •1st Quarter [Jan-Mar]•2nd Quarter [Apr-Jun]D 3rd Quarter [Jul-Sept]•4th Quarter [Oct-Dec]/Annual Report I Section I:General Information Recipient Name(Organization): Contact Person (Name &Title): Activity Name (ProjectTitle): Activity Address: ActivityDescription: IDIS#:Index Code: Telephone Number: Funding Source:Funded Amount:$ Activity Category: •Administration •Capital Improvement •Economic Development •Historic Preservation •Public Service •Housing •Homebuyer Assistance D Tenant-Based Rental Assistance (TBRA)•Homeless Housing Objective:D Create suitable living environments D Provide decent affordable housing •Create economic opportunities Outcome:D Availability/Accessibility •Affordability D Sustainability Section II:Financial Information At the time the Awardees has been paid or otherwise received fifty percent (50%)and seventy I percent (70%)oftheAgreementFunds,theAwardeesreporting these expendituresmustsubmitdocumentationtoshowthatAwardeeshas I accomplished 50%and 70%,respectively,of the Activities described herein. Program Income The disposition of Program Income not specifically listed in the approved Program Income budget requires prior writtenapprovalfrom PHCD. 1.Doesthis activity generate Program Income?•Yes •No 2.If yes,indicate the amount generated this quarter.$ 3.If yes,was written approval,granted by PHCD touse the Program Income generated from this activity? DYes DNo DN/A y' 4.If yes,$attach copy of approval letter and related documents.If no,a written request for approval to use the Program Income must be submitted to PHCD. 1of3 CD/14/51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION 1.Activity Status:D Cancelled •Underway •Completed 2.Environmental Status:DA=Exempt •C=Completed D D=Underway 3.Is this activity still in compliance with the original project schedule?•Yes •No Sectron III.Q Work ,„Progress [On-go,ng Activities]♦Q Accomplishment Narrative [Activity Completed! Check appropnate box and reference the Scope of Services,included in your contract as the basis for reoortina theworkinprogressoraccomplishedinabriefnarrativeformat.[0 Attach Scope of Services ]P 9 j Section IV:Other Supporting Efforts K^i''*1***°'a"°'her -PP°*ng etons ,ha,have begun,Pa„ia„y implanted,or Section V:Problems Encountered 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 of the assistance required. Section VII:Performance Measurement| ♦Notes:A Supplemental Performance &Benefit Data Report must be submitted if any actual achievements are reported dunng this reporting period and all HOME funded projects must submit applicable activity set-up form. Accomplishment Type:•People [01]•Households [04]•Businesses [08]•Organizations [09] •Housing Units [10]Q Public Facilities [11]•Jobs [13] National Objective:DArea Wide Benefit [e.g.LMA,LMAFI,LMASA,SBA]-or-•Direct Benefit [e.g.LMC,LMH,LMJ] |People or Households •Achievements:•Yes •No jIf yes,what is the accomplishment type?D People -or-D Households People Total People Low /Mod Households (LMH activities only) Total Households Low /Mod Female Headed Projected Goal Actual This Quarter Actual Cumulative Supplemental Report Attached Y/N Performance &Benefit Data: •Housing -or-•Public Service &Administration -or-•Capital Improvement &Public Facilities 2 of 3 CD/14/51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLYEXPENDITUREAND PROGRESS REPORT FY 20 |Housing Units *Achievements:•Yes •No Owner Rental Buyer Total Projected Goal Actual This Quarter Actual Cumulative Supplemental Report Attached Y/N •Performance &Benefit Data:Housing Jobs or Businesses •Achievements:•Yes •No If yes,whatisthe accomplishment type?D Jobs -or-Q Businesses TotalJobCount TotalWeeklyHours Jobs Created Full-Time (FT)FT Low/Mod Part-Time (PT)PT Low/Mod Projected Goal Actual This Quarter Actual Cumulative Assistance to Businesses Projected Goal Actual This Quarter*Actual Cumulative New Businesses Existing Businesses Total Percent Low /Mod Jobs Supplemental Report Attached Y/N •Performance &Benefit Data:Economic Development PERFORMANCE CERTIFICATION:•This certifies that No Accomplishments occurred during this Quarter. NOTE:Submittalof Supplemental Form-Pprformanro *.n^^f rw •*initials CERTIFICATION ~" Report Prepared by:^^^^ Signatureof Certifying Official: FOR PHCD USE ONLY Report D is /D is not complete ♦Report Q is /•is not accurate Initial review for completeness and accuracy completed by -Name: Name: Supervisor Print Name Date: Title:Date: Title:Date: Activity IDIS Number: This material is available in an arra^ihio f^^„r„n r^n^f or •afar*.-*. 3 of 3 CD/14,'51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:CAPITAL IMPROVEMENTS &PUBLIC FACIL.T.F^Supplement to Quarterly Expenditure &Progress Report FAC,UT,ES Recipient Name: Activity Name:__ IDIS#: HUD ActivityMatrixCode: HUD Matrix Code Description: Reporting Period Tst J.:—**——:—1s Quarter [Jan-Mar] 2n Quarter fApr-Jun]Activity Category: _Accomplishment Type:3r Quarter [Jul-Septl 4 Quarter [Oct-Dec]/ Annual Report PROJECT TYPE:MEASURES!ACCOMPLISHMENT UNITS COMPL-ETEDr'S'l?l^;^:-:a•Acquisition /Disposition •Clearance/Demolition •Street Improvements •Public Facility /Type:_ D Building/Type: •Structures ♦•Parcels •Structures ♦•Parcels Persons Served ♦Low/Mod Income Persons Served ♦Low/Mod Income Facilities ♦Persons Served ♦Low/Mod Income PersonsServed ♦Low/Mod Income•Other Capital Improvement/Type: [indicatebelow] .nstructions &.."fff^•1lns^ct,ons&Appl^^ 1.Total Persons Assisted for program year:2.counts by Households (H)or Persons (P): 3.Ofthe Total Persons,enter the number:»,,_ \ai-.u,ma x ....Number of PersonsWithNewAccesstothisserviceorbenefit With Improved Access tn this'sAn/iro r,r hpnefjt .~..••<•••• With accesstoa service or benefit that is No Longer Substandard '''~ Note:This field must equal the number in Total Persons Assisted.~ With New Access to this type of Public Facility or Infrastructure .Improvement With Improved Access to this type of Public Facility or Infrastructure Improvement ;Vyithvac,cess:to;Public Facility or jnfrastructure that is NoLondeiJ Substandard • Note:This field must equal the number in Total Persons Assisted. Homeless personsgiven.overnightshelter. Number of beds created in overnight shelter or other emergency housing ••s»»»ML»*MM^^ Is this activity located in a NRSA?DYes DNo Providethefollowinginformation:""—' NBSA #of Clients Served NRSA #of Clients Served _#of Structures _#of Parcels _#ofFacilities _#of Persons Served _#ofLow/Mod Income Total Total D ~L7 IT D 1 of 3 CD/15/51712V PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:CAPITAL IMPROVEMENTS &PUBLIC FACILITIES Supplement to Quarterly Expenditure &Progress Report FY 20 NRSA #of Clients Served NRSA #of Clients Served Location /Project Address: Location /Project Address: Street /City /Zip Code -or-Folio Number is there is no street address Street /City/Zip Code -or-Folio Number is there isno street address DIRECTBENEF-ITiDATAifliREI^SONSSdF^ilHOUSEHOLDSl RACE &ETHNICITY CATEGORY Instructions:(1)IndicatethetotalnumberofpersonsorhouseholdsservedineachRacialCategory for this reporting period andthecumulativetotal.(2)From the total numberdepictedineachRacialCategory,indicatethenumbersthat are of Hispanic Ethnicity forthis reporting period and the cumulative total. Report Period Totals Cumulative /YTD Totals Race Total Number Ethnicitv #Hispanic _Race\Ethnicitv Total Number #HispanicRacialCategories White [11]__*- --""+*" Black /African American [12]--*•"'- Asian [13]• "1"" American Indian /Alaskan Native [14]---- NativeHawaiian/Other PacificIslander [15]-.*."-".'« American Indian /Alaskan Native&White [16]"-. Asian &White [17]---;,\""";."— Black/African American &White [18].•|;f::''V """~:-*;~- American Indian or Alaskan Native &Black / African American [19] >v;::'--n.i-"'-r/-8-" Other/Multi Racial[20]:v;:":-'••*!:""-~ Totals :3V.'"'-. OTHER DIRECT BENEFIT INFORMATION Income Levels Extremely Low(30%or less) Low (31%-50%) Moderate (51%-81%) NonLow/Mod(81%or greater Reporting based on household unitsonly. Number of Female Headed Households Report Period Totals Total Number Totals Cumulative;/YTD,Totals Total!Number-*- AREA BENEFIT INFORMATION Census (C)or Survey (S)Data Used: Total #of Low/Mod in Service Area: Percent of Low/Mod in Service Area: Census Tract:BlockGroups Census Tract:BlockGroups Census Tract:BlockGroups If (S),enter#of Low/Mod &Total Population: Total Low/Mod Universe Population inService Area: 2 of 3 CD/1&51712V yVJ-ftEf $ PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:CAPITAL IMPROVEMENTS &PUBLIC FACILITIES Supplement to Quarterly Expenditure &Progress Report FY20_ mmBBmsmm 1.CDBG Funds 2.HOME Funds 3.ESG Funds _$ 4.Section 108 Loan Guarantee $ $ $ $ 5.Other Federal Funds 6.State /Local Funds . 7.Private Funds 8.Other Nameof Funding Source Total Funds i9 REQUIRED ATTACHMENTS [if applicable]:1)Certificate of Completion;2)Printout of NRSA map,if/applicable;3) Pocumentation of,performance /accomplishments,e.g.,new or improved access to services,facility;orinfrastructure upgrade;and 4)Documentation as described in the Contract or Scope of Services,of as instructed by the County. Report Prepared by:Title:Date: Print Name Signature of Certifying Official:Title:Date: Warning:Title 18,USCode Section 1001,states that a person who knowingly and willingly makes false or fraudulent statementstoany Department or Agency oftheUnited States isguiltyofafelony.Statelawmayalsoprovidepenaltiesforfalseor fraudulent statements. fii"»::i Thig material is availahlp inan arregcthlg fnrnnat npnn regiipgf CD/15/51712V 3 of 3 PHCD SUBMITTAL OFPUBLIC FACILITIES CHECKLIST Agency • ActivityName • Funding Source/Year • Amount /IDIS #• Project Location • LMI Limited Clientele Criteria (Must check one below &Provide documentation as required) Client Name •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: d Abused children, dBattered spouses, d Elderly persons (family whose head,spouse,or sole member is a person aged 62 or older), aSeverely disabled, dHomelesspersons, d Illiterate adults, dPersons living withAIDS, d Migrant farm workers D 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 in an NRSA: Obtain documentation that shows the client lives at the address which is located in an NRSA: Yes No *Proof of location: *Child(ren)School Records (showing home address)Q n *Driver License PIPI *Utility Bill (FPL,Water &Sewer,etc)g q REQUIRED DOCUMENTATION-NO EXCEPTIONS Yes No *PHCD General CDBG Intake Eligibility Form (Must be Attached)•Q 'Services Near You Print Out (Must be Attached) (http://qisweb.miamidade.Qov/CommunityServices/Q [j 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 THE AGENCY AND WILL BE CONSIDERED NON-COMPLIANT Page 1of2 ---PKCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST . a 3.Required Documentation:-Data showing the size and annual income for the family of each person receiving the benefit andthatatleast 51%ofthoseservedare 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)q r-j *Aid to Families with Dependent Children (AFDC)or Temporary Assistance to Needy Families (TANF) *Food Stamp Official Print out Letter *Unemployment Benefits Letter with Amount *Proof of Child Support or Alimony *Proofof SSA/SSI or Veteran's Benefits *Proof of Retirement Income (Must be attached for Senior Programs) *Other Income Prepared by (Print)Agency Official Signature and Date •a •a •• •a •a •a •• NOTE:SHOULD ANY OF THE ABOVE NOT BE PROVIDED,QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO THEAGENCYANDWILLBE CONSIDERED NON-COMPLIANT Page 2of2 NAME: ADDRESS: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT GENERAL CDBG INTAKE ELIGIBILITY FORM LMI LIMITED CLIENTELE(LMC)/JOBS (LMJ)/HOUSING (LMH) PHONE: ZIP: Gender:Q Male •Female Ethnicity:•Hispanic •Not Hispanic Race (Pleasechecktheracecategorywhichappliestoyou): •White •Black/African American •Asian •Black/African American &White •Asian&White•NativeHawaiian/OtherPacificIslander •American Indian or Alaskan Native &Black/AfricanAmerican List Yourself and all Other Persons Occupying Home •American Indian/AlaskanNative •American Indian/Alaskan Native&White •Other:Multi Racial Relationship Gender Age Employed? DYes flNo DYes DNo DYes DNo DYes DNo DYes DNo DYes DNo DYes DNo DYes DNo INCOME VERIFICATION DATA The assistance you recerve is determined in part by the size of your household and your income.All income and assets will require verification before eligibility will be granted.Income includes all money coming into the household from all persons over 18 yearVold Wages salanes,tips commissions;Self-employment income;Retirement,Survivor,or Disability pensions;Social Security orRaHroadre^rem^K^PP'ementel Secunty Income,Aid to Families with Dependent Children (AFDC),Temporary Assistant to £l£J^W'F^T*H°f 0th6r £**aSSlStanCe'°r pubHc we,fare ™*™«'*«*dhvidenrJs,^SKS™or income from estates or trusts;and any other sources of income received regularly,including Veterans'(VA)payments unemployment compensation,alimony,and child support must bedisclosed.K }wymeras' Household Member 1. Source of Income Gross Monthly Amount Received 2. $ 3. S2E /n?yP"*?0cumentatlon:C°Py of PaV Subs (from previous employer),Aid to Families with DependentfptS^J222 °r TeTTy ASS,'StanCe *?Needy Fami,ies f^F)O**1 Printoutrtette?,Food Stamp oETwSbffiLetterconfirmingamountofunemploymentbenefitsreceived,proof of child support or alimonv oroof of SS^lTSSSBenefits,or proof of retirement income.MUST ATTACH ACOPY OF DOCUMENTS-NO EBlSS 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 eliaibilitvforfederalfinancialasastance,and that all information acquired in this regard will remain mnfiri^i ^9 Y 9b"* to verify my personal records,including fl ^^NA7URE-'ACKNOVVLEDGE THAT ALL INFORMATION IHAVE PROVIDED IS TRUE AND CORRECT TO thf rpqt£L™"J?*™*'^AWARE THAT IF IMAKE ANY W.LLFUL FALSE STATEMENT IN TWS Q^StSTSSJOTHERDOCUMENTATIONTHATIPROVIDEFORPROGRAMEUGIBILITY|E BE PUNlS=n SE nrS^£ SSS?*Em'°F UP T°FWE (5)YEARS'0R B0TH-UNDER^ECTION IEl OF TTT^E 18 5SS1?ASi5^SALSOMAYBESUBJECTTOCIVILAND/OR ADMINISTRATIVE PENALTIES AND SANCTONS ' £t Signature of Applicant Date Page 1of2 CD/17/51712/V3 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT GENERALCDBG INTAKE ELIGIBILITY FORM CDBG INCOME ELIGIBILITY Activity classified under family size and income Activity is classified basedon income eligibility requirements that restrict it exclusively to low-and moderate-income persons 24 CFR 570.208 24 CFR 570.208(a)(2)(i)(B) 24 CFR 570.208(a)(2)(i)(C) 24 CFR 570.506(b)(3)(iii) 24CFR 570.506(b)(3)(iii) DEFINITIONS /24 CFR 570.3 ~" Family,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 alonetwoormorefamH.es living together,or any other group of related or unrelated persons who share living arrangements Incjume.For the purpose of determining 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 of the 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 recpient cames out a survey under 570.208(a)(1)(vi).Activities qualifying under 570.208(a)(1)generally must use the a ea income datasuppliedto recipients by HUD.Thethree definitions areas follows: (i,1An"^n^COme aS deflned under the Section 8 Housin9 Assistance Payments program at 24 CFR 813 106 (except that iftheCDBGassistancebeingprovidedishomeownerrehabilitationunder570.202,the value of the homeowner's primarv 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 for the 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 byHUD. Low-andmoderate-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 by HUD. Low-income person means a member of a family that has an income equal to or less than the Section 8 very low-income limit established by HUD.Unrelated individuals shall be considered as one-person families for this purpose. 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' i be by mail,fax,oremail.It must be clearly evidenced that it was received from the source.| Income LimitsforFiscalYear 2015-16 (Effective03/06/2015) sa^(80%^:^edidnyIdfeMecliapl $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:Title 18,US Code Section 1001,states that a person who knowingly and willingly makes false orfraudulent statements to any Department or Agency of the United States is guilty ofa felony.State law mayalsoprovide penalties for false or fraudulent statements. This material is available inanaccessible format uponrequest. 2 of 2 CD/17/51712/V3 M3AMI-DiflOej Date: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT List of Persons Assisted (Public Service) Supplement to QuarterlyExpenditureandProgressReport 1st Quarter [Jan-Mar] 2nd Quarter [Apr-Jun] 3rd Quarter [Jul-Sept] mmm • • • Recipient Name:Activity Name: IDIS Number:4th Quarter [Oct -Dec]/Annual Report [ 1.Persons Assisted !Last Name First Name 2.Status New Existing 3.Address House Number Direction Street Name Street TvDe 4 &5.NRSA http://Bisweb.miamidade.fiov/CommunitvServlces/ Lives ina NRSA?Name of NRSA 1 •••Yes •No 2 •••YeS •No 3 •••Yes •no 4 •••Yes •no 5 ••1 •Yes •no 6 •••Yes DNo 7 ••DYes •no 8 •••Yes •no 9 ••Ores •no 10 •••Yes DNo 11 •••Yes •no 12 ••^Yes •no 13 ••i ^Yes •No 14 •• i 3fes r>° 15 ••,•Yes •no INSTRUCTIONS 1.Fillin name ofthe person for 2.Enter a check mark in the co 3.Enter the complete address 4.EnterYesorNoasapplicabl 5.Ifyes,view NRSA mapathtt Opa-Locka,Perrine,South rv Warning:Tllle 18,US Code Section 10 lor false or fraudulent slatements. t5§3p vv„wvm This material is available in whichPublicServiceswere pre lumn thatmatchestheperson's 3f theperson assisted,e.g.,Hoi eifthe person livesin one ofth p://gisweb.miamidade.gov/Com liami,West Little River,Biscayn 01,stales thatapersonwhoknowingly anaccessible format uponrequest. >vided. status jse Nur bNRS/ munityi e North and willir New-c nber,D to. Services or CutI igly make >r-Existing], rection,Street N »/to determine cc er Ridge. is false or fraudulent Pa ame,&St >rrect NRS statements g'e|| reetType. 5A location and fill in the name of the NRSA*Goulds,Leisure City,Melrose,Model City, o any Department or Agency of the United States is guilty ofa felony.State law may also provide penalties Qf 1 1 CD/23/12513/V3 •zmmmSA*MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS:Per 24 CFR Part 58,the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities.As a 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.IndicateFundingSource: •CDBG •HOMELESS (SRO/SHP) 2.Indicate Fiscal Year FY 20 3.Nameof Subrecipient/Agency: 4.Nameof Proposed Activity: •HOME •EDI 5..LocatJon.(Address withCity,ST and Zip)ofActivityor Project: 6.Site Folio Number(s): 7.Commission District(s): 8.Direct Contact information ofloan/grant recipient: D HOPE VI •NSP /\7T/VCi4H€ivt"D Name: Address: City:State:Zip: Phone:Fax: 9.Detailed description ofactivityor project 10.What isthe purpose of the activity or project?For example,Public Service,Economic Development,Historic Preservation,Capital Improvement,Housing,etc. 11.Whatisthestatusof activity orproject?For example,Pre-Development Phase, Rehab/Construction Underway,Rehab/ConstructionCompleted,etc. Part II.PROJECT OUTCOME Will the activityor project result inthefollowing? YES NO 1.Change in use Sub-surface alteration(i.e.excavations) 3.New construction 4.Renovation or demolition 5.Site improvements (utilities,sidewalk,landscaping,storm drainage,parking areas,drives,etc.) 6.Building improvements (windows,doors,etc.) Displacement of persons,households or business Increase in population woFking or living on site Land acquisition 10.Activity in 100-yearfloodplain 11 Anew nonresidential use generating atleast 1,375,000 gallonsofwateror687,500gallonsofsewageperday. 12.Use requiring operating permit (i.e.for hazardous waste, pretreatment of sewage,etc.) 13.A sanitary landfill or hazardous waste disposal site 14.Tree removal or relocation 15.Street improvements 16.The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening ofa body ofwater). Part III.SITE SPECIFIC INFORMATION 1.Land Use: Describe the existing and proposed landuse: •Existing? Proposed? •Doesthesitehaveany known contaminants? •YES Q N0 *'f^f6 are kn0Wn contaminants,has a Phase Iaudit been completed?If yes a copvofPhaseIEnvironmentalAuditcertifiedtoMiami-Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. •YES g mo 2.Site Plan: Does the proposed activity include a new structure(s)or site improvements on a site of one (1)acre or more?.—— •YES •N0 If yes,a site plan must be provided.Proiectfs)will not be environmentally reviewed without a site plan..~~~~ 3.Photographs: Doesthe activity include new construction,renovation or rehabilitation? ~•YES""~"Q No""" If yesphotographsmustbeprovidedofeachside(front,rear and sides)of the structure(s) proposed for assistance and the buildings on the adjacent lots.The photographs shall be identified by address.In addition,provide for each existing structure on the site the followinq information: •Existing structure(s)on site?q YES n NO •Estimated ageof structure(s)? 4.Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? •YES ••NO If yes,what is the estimated cost of rehabilitation or renovation? Whatisthe amount sought for funding? In addition,indicate if the estimated value ofthe improvement represents: •0 to 39.9 percent of the market value of the structure(s) •40 to 49.9 percent of the market value of the structure(s) •50 to 74.9 percent of the market value of the structure(s) •75 percent or more of the market value of the structure(s) 5.Phase I Environmental Audits: Does the proposed activity involve the transfer of any property,new construction major renovations of 75%or more of the structures'market value,ora securinq of a loan for nonresidential parcel? •YES •NO If yes,a copy of Phase I Environmental Audit certified to Miami-Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of JTSS;T HUSe T*Z°ninf f°r the laSt 50 years;arching environmental records forinformationonhazardouswastesites,hazardous facilities,solid waste/landfill facilities andundergroundstoragetanks(available through the Department of Permitting Envi onme "t and UsiSalZtDf??'Fl°rida Depaftment °f Enviran^ntal Protection (FDEP adU.S^Env.ranmental Protection Agency (EPA));and site inspection for physical evidence ofcontaminationsuchasdamagedvegetationorstainsinthesoil.eviaence ot Hasa Phase I beenperformed? 6.EnvironmentalHealth Information: •YES •NO *^^^s^s^a^3CtiVity inC'UdeS "inV°,VeS rehabi,itati0n'»«**een *»P-*d -•-•YES.._Q no If yes,please submitthe results. •h™any child under the age of six at the site been tested for elevated .evels of lead in the •YES •NO body? If yes,please submittheresults. 7.Other Site Information: 1.Flood insurance required? 2.Public water available on site? 3.Public sewer available on site? 4.Children under 6 years of age residing on site or relocating to site (including day care facility)? 5.Hazardous waste disposal facility? 6.Storageofhazardous materials on site? 7.Abandoned structure(s)onsite? YES NO PartIV.SUPPLEMENTAL REQUIREDDOCUMENTS Required Submittal Documents: 1. 2. 3. F°I!l!p,r°Jects:^^Jl street/plat maps that depict location of property in the County and/or City with thelocationorlotclearlypointedout. For new construction projects:Submit a scope of service,an itemized budget,and a site plan. For housing/building rehabilitation projects only:Submit a scope of service an itemized budget describing the major components of the rehabilitation program planned,and a photoqraph of the property.r-»k 4.For historic proprieties,include:Submit photographs of the property,and a description of any adjacent historic properties that may be affected by your activity. PartV.CERTIFICATION I certifytotheaccuracyofthe information provided.I understandthatall funded activities must have an approved environmental review clearance prior tothe commencement of projects.I clearly understand that any omitted and/or incorrect information will delay the initiation ofthe environmentalreviewprocessbythe PHCD staff.As such,I amawarethatomitted information could delay the commencement ofmy organization's project.I understand all approved environmental reviews arevalidfor one (1)year maximum. Print Name Signature Title Name of Organization orCorporation Date" Unless otherwise indicated,return completed formand attachments to: Project Management Division PublicHousingand Community Development 701NW1st Court -14th Floor Miami,Florida 33136 TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT*CENST*CEST**EA* Economic Development New Construction Rehab Non-Construction/Expansion Housing Single Family Rehab Multi-Family Rehab New Construction Homeownership Assistance Affordable Housing Pre-Dev. Capital Improvement Handicapped Access Public Facilities Infrastructure X X X1 X X1 X X1 X1 X X2 X2 X X2 X2 Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public Notice/No RROF No Public Notice/No RROF No Public Notice/No RROF (NoStatutory Requirement Triggered) Qr Publish NOl/RROF (Statutory Requirement Triggered) Publish FONSI and NOl/RROF Estimated Time Frame (Excluding Triggered Statutes) 30-45 Days 30-45 Days 45-90 Days X If for continued useandchange in density (orsize)ofless than 20% X Change indensity(or size)ofmorethan 20% &^Vr-' Exempt CENST CEST EA Exempt Activities Categorically Excluded and Not Subject to58.5 Categorically Excluded Subjectto58.5 Environmental Assessment (Format II) CD/43/31413 90 Days Minimum # MIAMI PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E Federal Employer Identification Number (FEIN) QU of'fij*typr-A)Nam/of Entity.Iri9lvldual(s).Partners orCcCorporation not permitted)cityStrl AFFIDAVITS Uniform Affidavits Dun &Bracbtreel Number (D-U-N-S*) -~f\pv B)Doing business As (If same as line A,leave blank) >treet Address (P.O.Box Number is not permitted)^naJ '^~State (L SJ<j Coun Zip Code 1.MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec 2-8.1 ofthe Miami-Dade Coi/nfy Code; Firms registeredtodobusinesswith Miami-Dade Cnuntv chaii r~*.««*«.«'.the County to disclose under oa«h his TZ MtegSe and bS^ES*^"T5 Tta.nMcfinB SUch business wiUlthedisclosureunderoathofthefullTegalnameandbusingsadd?^f ^"*f°faCt 0r {fansadton «•«•«ho requirebeneficialorotherwise)in the contradI rtherXn subSSorf^SL^r h;T9 any•••"Wrt-ftW>«J*«W«.addresses shaKnot be accepted hereunder If ^^SSt^JX^'^^'8b°'ers Wfende's-Posl office b<*shall be provided for each officer and doctor ^S^SXS^T"'?•^.co,P°ration *•fo'«Soing informationoutstandingstockinthecorporation.irSSS^^^^SSlS^S^i.^lS^°'T^'!T,(5)perCent or more of ,hebeprovidedforeachpartnerIfthecontradTSesstonsST^Jf ^h p(Fartne'?h9)-"»,ore9oi"9 formation shallthetrusteeandeachbeneficiaryofthefrust^Soofnc^Lt ^"f f°uTms informalion ^all be provided fortradedcorporaUons.or to coZcte with tne UMrtSMte or ll^ST""Sha""°l 3PP'y t0 contad»with public^*^nora9enc^^^^"»*** ''"00*c^f™*>'<^^ PRINCIPALS"! FULL LEGAL NAME TITLE OWNERS FULL LEGAL NAME TITLE ADDRESS ADDRESS CHECK BOXES BELOW GENDER RACE/ETHNICITY 0~v. 35 It,percentage ofthe firm is owned by aptfMc»traded corporation,indicate below in the space 'Other Corporations'. OTHER CORPORATIONS Pagel of9 CD/42/31413 Ar PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits 2.MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (CountyOrdinanceNo.90-133,amending Section 2.8-1(d)(2)ofthe Miami-DadeCounty Code) The followinginformation Is for compliance with all items inthe aforementioned Section: 1.Doesyour firm haveacollectivebargainingagreementwithits employees?Yes 2.Doesyour firm providepaidhealthcarebenefits for itsemployees?Yes No No 3.Providea current breakdown (number of persons)inyourfirm's work forceindicating race,national origin and gender. NUMBER OF EMPLOYEES Males Females White Black Hispanic Asian /Pacific Islander Native American /Alaskan Native Other TotalNumberof Employees I 3.MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (Section 2-8.1.2(b)of the Miami-DadeCountyCode) Total Employees Allpersonsand 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 toemployees and impose sanctions for drug violations occurring in the workplace. In compliance with Ordinance No.92-15 oftheCodeof Miami-Dade County,theabovenamed firm is providing a drug-free workplace.A written statement toeachemployeeshall inform theemployee about: 1.Danger ofdrug abuse inthe workplace 2.The firm's policy of maintaining a drug-free environment atailworkplaces 3.Availability ofdrug counseling,rehabilitation and employee assistance programs 4.Penaltiesthatmaybeimposeduponemployees for drug abuse violations The firm shall also require an employee to sign a statement,asa condition of employment that the 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 may also comply with the County's Drug Free Workplace Certification where a person orentity is required to have a drug-free workplace policy by another local,state or federal agency,ormaintains sucha policy ofitsown accord and such policy meets theintentofthisordinance. 4.MIAMI-DADE COUNTYDISABILITYAND NON-DISCRIMINAVON AFFIDAVIT (Article 1,Section 2-8.1.5 Resolution R-182-00 Amending R-3B5-95 ofthe Miami-Dade County Code) Firms transacting business with Miami-Dade County shall provide an affidavit Indicating compliance with all requirements ofthe AmericanswithDisabilitiesAct(A.DA). I,state that this firm,is in compliance with and agrees to continue to comply with,and assure that any subcontractor,or third party contractor shall comply with all applicable requirements ofthe laws Including,but not limited to,those provisions pertaining to employment,provision of programs and services,transportation,communications,accessto faciTrrjes,renovations,and new construction. TheAmerican with Disabilities Actof 1990 (A.D A),Pub.L101-336,104 Stat327,42 U.S.C.Sections 225 and 611 including TitlesJ,II,III,IV andV. The Rehabilitation Act of 1973,29 U.S.C.Section 794 TheFederal Transit Act,as amended,49U.S.C.Section 1612 TheFairHousing Act as amended,42 U.S.C.Section3601-3631 Page 2of9 CD/42/31413 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) AFFIDAVITS ATTACHMENT E Uniform Affidavits Lhereby affirm thattarnin compliance with thebelowseclinnx- Section 2-10A(4)(a)of the Code of MiamhDade County (Ordinance Nn a?™^;^•4w .architectural,engineering,landscape architectural and£nd ™™^k J'h reqU"eS ihat a,!proper,y ,icen&edCountyPara,,leclura,•and tend surveyors have an affirmative action plan on file with Miami-Dade 5.MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Section 10.38 oftheMiami-Dade County Code) Shote^^^^—*office,principals. Dal""?n°ne °f ,WS ^a9enk>^^PrinCipa'S'sl^oW^.subcontractors or their affiles are debarred by NW- rLTn^S hi3^bUSlneS^Wi"!"«mi:Dacte Coun<y most certify that all delinquent and currently due fees taxes and M^Daoe County Tax Collect CountyLed ^^^^^S^X^J^ZT^Zl MIAMI-DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT Firms wishing to transact business with MlamWtode County must certify that it has adopted a Code thai comolies with rh« Z.^hll^"1°"2?'l 1,"f C°0n,y C0da ^Code of **»«•a"ics shall applyTo ajibSnZ thaTfico"LtorSLK.*a'9l 3minin,Um:'^^*•COOt'aCtor l°"^*S'wicbh go^lenEl ruTes and rZf^irf-US Hi"!hashad°fted,J C.ode °f Alness ethics which complies with the requirements of Sections 2-81 of theCountyCode,and that such code of business ethics shall apply to all business that this firm does with the CounWanolhalla?amtromum.require the contractor to comply with all applicable governmental rules and regulaUonT ' MIAMt-DADE COUNTY FAMILYLEAVE AFFIDAVIT (Article VolChapter 11,ofthe Miami-Dade County Code) S^SSSoSS^w^Slf^^***»™»m°re lha"m*{50>""•*««»•,or ea<*«•**"ay during Firms-with less than the number of employees indicated above are exempt from the requirement but must indicate bv letter(sgned by an authored agent)that it does not have the minimum number employees re^Uedty theSy Code I confirm that if applicable,this firm complies with Article V of Chapter 11 of the County Code which reoulres that firm*contechng business wrth Miami-Dade County which have more than fifty (50)employees to ea^,wori£S durtnolach oltwenty(20)or more work weeks in the current or preceding calendar yea?aVe requted 1o certify £ttSJSK family let*to Page 3of9 CDM2f31413 '223311 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits their employees. 9.MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT (Section2-8.9 ofthe ofthe Miami-Dade County Code) All applicable contractors entering into a contract with the County shall agree io pay the prevailing living wage requited by this section of Ihe County Code. I confirm that if applicable,this firm complies with Section 2-e.9 of the County Code,which requires that all applicable employers entering a contract with Miami-Dade County shall pay the prevailing living wage required by the section of the County Code. 10.MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT (Article 8,Section 11A-60-11A-67 oftheoftheMiami-Dade County Code) Firms wishing to transact business with Miami-Dade County must certify that itis in compliance with the Domestic Leave Ordinance. I confirm that if applicable,this firm complies with the Oomestic Leave Ordinance.This ordinance applies to employers that have in the regular course of business,fifty (50)or more employees working in Miami-Dade County for each workinq day durinq the currentor preceding calendaryear. .has .has not as ofthe date of 11.MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section2-8.6ofthe MiamhDade County Code) The individual or entity entering into a contract or receiving funding from the County this affidavit beenconvicted ofa felony during the pastten(10)years. An officer director,or executive of the entity entering into acontract or receiving funding from the County ;has ^has notasof this date beenconvicted ofa felony during thepastten (10)years ^——r>' Sworn to and subscribed before me this Personallyknown Or produced identification (Typeof identification) c£/.dayof Page 4 of9 .Notary Public-State of yO^^tSc^ .My comrhission expires OCr e'G **££¥/ |/?4^^o^Ser 16^BVHefl[toed Pr stamped commissioned name of notary public) WW e2ffi*2^K^ CD/42/31413 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) affidavits attachment e Uniform Affidavits SWORN STATEMENT PURSUANT TO SECTION 287 133 (3)fa>FLORIDA STATUTES ON PUBLIC ENTITY CRIMES (* O^SKn^™PRES^CE OF ANOTARY PUBUC OR OTHER 1-This form statement is submitted to MlOLMt'-"flcJl ((Jh by J&Mto f.Afa&»J,r dA /fy,,,,, (Print individual's name arid title) for (kL <sf JLfa /IJ.J.™ J (Print name of entity submitting sworn statement) whose business address is jp/^tQ*i%;j-flAyi JAjClM ,f ft ^g/<^? and if applicable its Federal Employer Identification Number (FEIN)is ST-jWfy.If the entity has no FEIN,include the Social Security Number of the individual signing this sworn statement. 2.-Iunderstand that a public entity crime"as defined in paragraph 287.133 (1)(g)Florida Statutes means aviolationofanystateorfederallawbyapersonwithrespectto,and directly SthSfftoSSSSTi S2TU!*a\Pfhct «•?«[with an »JW or political subdivision of any other state or vShteSSwStates,including,but not imited to any bid or contract for goods or services to be provided to DubltoentSl or E °I,f°-t,Cal S,?f VlSi°n °f my-°ther state or of ^Un,ted states and femM^^Mft^S^Mbnbery,collusion,racketeering,conspiracy,or material misinterpretation.«™nruw,rraua,men, 3.-1 understand that "convicted"or "conviction'as defined in Paragraph 287.133 (1)(b),Florida Statutes meansafindingofguiltoraconvictionofapublicentitycrime,with or without an adjudicationiofgjilT^afedSlorsatetrialcourtofrecordrelatingtochargesbroughtbyindictmentorinformationafteTjuty1989afaresuiofajuryverdict,non-jury tnal,or entry ofa plea ofguilty or nolo contendere. 4.-1 understand that an 'Affiliate"as defined in paragraph 287.133 (1)(a),Florida Statutes means:' a)Apredecessor or successor of a person convicted of a public entity crime or b)An entity under the control of any natural person who is active in the management of the entity and whohasbeenconvictedofapublicentitycrime.The term "affiliate"includes those officers directedexecutes,partners shareholders,employees,members,and agents who are ac^ve Tn the 23ff n!l a""ter ^ownershiP fey one ^son of shares constituting acontrolling interest in £2^3^[1P°°,n9 °f fq.P,muent °r iOCOme amon9 ^ersons when not for fair market valueAS^n SC .S ?TBern •fhal b-e aPrima facie case *at one r**™^rote mother person.APerson who knowmgly enters into ajoint venture with a person who has been convicted of a public entity enme in Florida during the preceding 36 moths shall be considered an affiliate. 5.-1 understand that a "person"as defined in paragraph 287.133 (1)(e),Florida Statute means anv natural S^I^S^^n't*"°f fy St3te °r °f «»Unit*d States within thelegat po^toS2L«™?9».^Z ^blds "apPlies to bid on «»***for the Provision of goods or entity TheTo^SeT^9^T^^es'partnerSi shareh0,ders-emp,oyees-~-^ Pa9e5of9 CDM2/31413 HtAMi-OAdE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits 6,-Based on information and belief,the statement which I have marked below is true in relation to Ihe entity submitting thisswornstatement.(Please indicate which statement applies) jL Neither the entity submitting sworn statement,nor any of its officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management of the entity,nor any affiliate of the entity hasbeencharged with and convicted ofa public entity crime subsequentto July 1,1989. The entity submitting this sworn statement,or one or more of its officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management of the entity,oran affiliate of the entity,oran affiliate of the entity had been charged with,and convicted ofa public entity crime subsequent to July 1r 1989,AND (please indicate which additional statement applies). The entity submitting this sworn statement,or one or more of its officers,directors,executives,partners, shareholders,employees,members,or agents who are active in the management of the entity,nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of Florida,Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list,(attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTRING INTO A CONTRACT IN EXCESS 6f_THE.THRESHOLD AMOUNT PROVIDED IN SECTION 287 017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN[JHeitfFORMATION CONTAINED IN THIS.FORM. Sworn to and subscribed before me this Personally known_J^_ Or produced identification (Typeofidentification) (Signature) ^day of Q^f^if 20 /£>' .Notary Public-State of b^^^U^J .My commission expires $<L.p'/$>*c^X/ ^4z/£^Gmvj>&Lled,typed ofstamped commissioned name ofnotary public) Page 6of9 CD/42/31413 HlAMl-tiAD? mmmm PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST 1-Do you have any past due financial obligations with Miami-Dade County'? Single Family House Loans v Multi-Family Housing Rehab y CDBG Commercial Loan Project |/ U.S.HUD Section 108 Loan ,/' Other HUD Funded Programs ZZZ V/ Other (liens,fines,loans,occupational licenses,etc.)"«/ .if-VJESr please explain: 2-Do you haveanypastdue financial obligations with Miami-Dade County'? YES NO. If YES,please explain: 3,-Are you a relative of or do you have any business or financial interests with any elected Miami-Dade County official,Miami-Dade County Employee,or Member ofMiami-Dade County's Advisory Boards? VYESNO If YES,please explain: Any false information provio^dojiihis-ajidavit will bereason for rejection and disqualification ofyour project-funding request to Miami-Dade County —"""^• loing questions are correctly stated to the best ofmy knowledge and belief. J2///S ^Applicant)•T (crate) Sworn to and subscribed before me this ^P/day of Cc6£€jj2*>^%20 ^^. Personally known «*^ Or produced identification '__Notary Public-State of (V^Cu^^ ,___My commission expires r C^r /y,^&// (Type ofidentification)_*^$/)/ ted,typed orstampedcommissioned nameof notary pubfic) age 7 of 9 CD/42/31413 PUBLIC HOUSING ANDCOMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits COLLUSION AFFIDAVIT (Code of MiamhDade County Section 2-8.1.1and10-33.1)(OrdinanceNo.08-113) BEFORE ME,ANOTARY PUBLIC,personally appeared i)fhMlJ*fijljllkrvit/who being duly sworn states:(insert name ofaffiant) I amover 18 years ofage,have personal knowledgeof the facts stated inthisaffidavit and I am anowner,officer,director,principal shareholder and/or I am otherwise authorizedtobindthe bidder of this contract. tfe that the bidder of this contract: isnot related to any-of the other parties biddingin the competitive solicitation,and that the contractor's proposal is genuine and not sham or collusive or made inthe interest oron behalf of any person not therein named,andthatthe contractor has not,directlyorindirectly,induced or solicitedany other proposer toputina sham proposal,or any other person,firm,or corporation to refrainfrom proposing,andthat the proposer has notinany manner sought bycollusionto secure tothe proposer an advantage over any other proposer. OR •isrelatedtothe following partieswhobidinthe solicitation whichare identified andlistedbelow: Note:Any person or entity that failsto submit this executed affidavitshallbeineligiblefor contract award.Iri the event a recommendedcontractor identifies related parties inthecompetitive solicitation its bid shall be presumed tobe collusive and therecommendedcontractorshallbe ineligible foraward unless that presumption isrebuttedby presentation of evidence as to the extent ofownership,control andmanagementofsuchrelatedpartiesinthepreparationandsubmittalofsuchbidsorproposals. Relatedpartiesshallmean bidders orproposersorthe principals,corporate officers,andmanagers thereofwhich have adirectorindirectownershipinterestin another bidderor proposer forthesame agreement.or inwhichaparentcompanyor the principals thereofofone(1)bidderorproposerhavea direct or indirect owperSfiiplnterest in another bidder or proposer for the same agreement.Bids or proposals foundjkfwcollusjve shallberejected.~~~~~7$Uj*J J>/20-/J/ Signature of Affiant Date PrintedNameofAffiantand Title FederalEmployer Identification Number i PrihtePrinted Name of Firm ${*>»Slhfr+DfiiVf ,M*&**itPCZ2tM\ W\ddress of Firm Page 8of9 CD/42/31413 WIAMvbAbJEl S3SS3I PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits SUBSCRIBED AND SWORN TO (or affirmed)before me this^/day of Jje/She is personally known to me or has presented identification.""" murf $j^<0^ p Signature/of Notary^ PrintorStampNameof Notary Notary Public-State of _Jl£«&6ls • irate Type of identification ial-Number ^^ Expiration Date Notary Seal /S Page 9 of 9 CD/42/31413 DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTYTAXES, FEES AND PARKING TICKETS HAVE BEEN PAID (Section2-8.1(c)ofthe Codeof Miami-Dade County,as amended byOrdinance No.00-30) and THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY (Section 2-8.1 (h)ofthe Codeof Miami-Dade County,asamendedby Ordinance No.00-67) I,^\}^$<ft\Q&nlt/ foregoing statements are true and correct: beingfirstdulysworn,hereby state andcertifythatthe T.That I amtheDeveloper(iftheDeveloperisan individual),orthe the position held with the Developer)ofthe Developer. &hfJk%/L$JtsU(m in the title of 2. 3. That the Developer has paid ail delinquent and currently due fees or taxes (including but not limited,to, real and personal property taxes,utility taxes,and occupational taxes)collected in the normal course by the Miami-Dade County Tax Collector,and County issued.parking tickets for vehicles registered in the name,ofthe above developer,havebeenpaid. That the Developer is not m arrears in excess of the enforcement threshold under any contract,final non-appeasable judgment,or lien with Miami-Dade County,or any of its agencies or instrumentalities, including the Public Health Trust,either directly or indirectly through a firm,corporation,partnership or joint venture in which the Developer has a controlling financial interest,For purposes hereof,the term "enforcement threshold"means any arrearage under any individual contract,non-appeal able judgment or lien with Miami-Dade County that exceeds $25,000 and has been delinquent for greater than 180 days-Forpgj^o^§=:Tiereof,the term "controlling financial interest"means ownership,directly or mdirecllyr^t ten percent or more of the outstanding capital stock in any corporation,or a direct or \njfrect interest of teji^greent or more in a firm,partnership,or other business entity. tP/.20 /£" ^-'"SigfratUre of Affiant Printed Nameof Affiant afjd Title/'°Federal Emolover Identification M.imhcr Date iCUrtt^ fc/$o Junto*-/)*'**..4l«ki»:,£/53 W? Printed Name ofFirm Address of Firm SCRIBED AND SWORN TO (or affirmed)before me this ^/day of VtUju<^S 20 /S~~ By -^yrfUpQ—rffaft/^/cSS ..Jje/She ispersonallyknown to me or has presented Type ofjdepiification Wm<? Signal Print orStampNameof Notary . Notary Public-State of Notary .as identification. &L Serial Number /£•2*? Expiration Date Notary Seal Miami-Dade County Contractor Due Diligence Affidavit All ofthe above information shall be attached io the executed affifWif anH «>kmMt~f i *u r> Contract No.; ContractTitte:S/A)fotf*Sfrlfif "-*led Name ofAffiant 4 Heme of Firm ^ao cfUftr//Wy<///,**<; Federal Employerreaeraitmpioyer ^~-, identification Number (FEIN):7/"(0008^31 Address of Rrm -of yZ^ci^OLJNota/y Puttie-Stale c Subscribed and sworn to (or affirmed)before methis SAu/a lOP/.rxJHJby Type of Identifeafon produced P/inl orSlamp of Nofary Publfc 272014 PL Slate NohryPublicInformation _Cowry of ///6<£U^/._/Cj^e *=>T/day of. Dale Zip Code 2)/^ Heorshelspersonaflyknowntome B^^or has produced IdenVfetiiicaU'on MIAMI DADE 025313 ^^ Applicant: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT ETHICS DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS Co-Appiicant: E-maiiAddress:jkorth@southmiamifl.gov Cityof South Miami N/A Mailing Address: Zip Code: Telephone: 6130 Sunset Drive,South Miami,FL 33143 305-668-2514 TheMiami-DadeCountyConflictofInterestand Code ofEthicsat Sec.2-11.1(c)(5)(5)allowsCounty Employees and their immediate familymemberstoapplyfordirect housing assistance programs fromthe County's PublicHousingandCommunity Development department (PHCD)iftheymeetcertainconditionsandifthe following criteriaaremet.Check if any ofthe following applies toyou: 1.Please mark thePHCD Program you are applying for; •Section 8 Housing Choice Voucher (HCV) •Project-Based Voucher (PBV) •Veterans Affair SupportiveVoucher (VASH) O Moderate Rehabilitation •SubstantialRehabilitation D Shelter PlusCare(S+C) •Public Housing Rental Q Tenant-Based RentalAssistance (TBRA-maximum 2years) •Home-ownership Program (Second Mortgages) O Home-owner Rehabilitation Program O Home-owner Beautification Program 0 Other (please list):CDBG 2.Mark the typeof participation you are seeking forthe program marked above: •Owner/Landlord Q HousingAssistanceApplicant 3.0 l/we donot currently workfor Miami-Dade County. 4. r^i l/we am/are a School Board or Federal Employee.These employees are not covered under Section 2-11.1 of u the Miami-Dade County Conflict ofInterest and Code ofEthics Ordinance. IF YOU MARKED BOXES 3 OR 4,NO FURTHER ACTION IS NEEDED.THE PHCD REPRESENTATIVE MUST PLACE THIS FORM IN APPLICANT'S FILE. 5.a 6.• 7.a l/we am/areaMiami-Dade County Employee (including Jackson PublicHealth Trust Employees). Please providethe department anddivisionyouareworkingfor: l/we am/are an appointed or elected County Official. l/we am/are *knmediate familytoa Miami-Dade County employee,appointed or elected official. (*)lmmediate familyisdefineda$spouse,domestic partner,parents,stepparents,children and stepchildren. Please providethe following information regardingthe Miami-Dade Countyemployee,appointedorelected official: Name of employee,appointed or elected official: Department,Division,or Board: IFYOUMARKED BOXES 5,6,or 7,THE APPLICANT MUSTOBTAINTHE REQUEST FOROPINIONAPPLICATIONAT http://ethics.mlamidade.qov/frequentlv>used>forms.asp.THE APPLICATION MUSTBEFULLYCOMPLETEDAND SENT TO THE CONTACT PERSOliiNfitCATED. Signature of Applicant- Date:^8f26/2015 Signature of Co-Applicant:M» Warning:Title 18,US Code Section 1001,states that a person who knowingly and willingly makes false or fraudulent statements to any Department orAgencyofthe United Statesis guifty ofa felony.Statelawmayalso provide penaltiesforfalseor fraudulent statements. ALC/AM/CA/CD/1/62414/V4 uami THE CITY OF PLEASANT LIVING DISCLOSURE ABOUT RELATED PARTTFS August 20.2015 THERE ARE NO BOARD MEMBERS OF THE CITY OF SOUTH MfAMT WHO HAVE ANY RELATIONSHIP PR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULTINA CONFLICT WITH THE CITY OF SOUTH MTAMT OPFP attamc City of South Miami |6130 Sunset Drive |South Miami,FL 33143-5093 305.663.6338 |southmiamifl.gov CERTIFICATION REGARDING LOBBYING CertificationforContracts,Grants.Loans and CooperativeAgreements The undersigned certifies,to the best ofhis or her knowledge and belief,that: 1.*Io Federal appropriated funds have been paid or will bepaid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee ofan agency,a Member ofCongress,an officer or employee ofCongress, or an employee ofa Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making ofany Federal loan, the entering into of any cooperative agreement,and the extension,continuation^ renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any 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 of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all.subawards at all tiers'(including subcontracts,subgrants, and.contracts under grants,loans,and cooperative agreement in excess of $100 000) and that all subrecipients;shall certify and disclose accordingly. 4.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission 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 toa civil penalty ofnot less tnan $10,000 and not more than $100 000 for each such failure.—«=s==-> By: /\\./*f\^Mturco*Au<h°nVd Representative)\~~ Print:U*y rrtJikth iIaja^k''Atfttfan (T-/fU*CtfyJt*~ Title:JUL 4(tihA.^4S - Date: County Construction Sign (Only areascircledare subject tochange) •GOB •NON GOB 4'x 8'Construction Signs •In Ground •A-Frame 1 Sided •A-Frame 2 Sided Email this form to: Brian Williams:brianw@miamidade.gov and Hernan Lopez:lopezh@miamidade.gov Sign is 4'X 8'with 12'post pi Place check mark in box after ****location has been marked. Once location has been marked submit signage request form ATTACHMENT F Services Ticket Quantity required Project Manager Name:. Department: Address: Phone Number: Index code Project Name Project Number District Commissioner Check if ARRA Funded •Yes •No Must indicate Federal Department and /or State Department if applicable Other Funding Source (Max 3-Iogos) Sign location address Plus specific location of sign placement fcilMH mm PUBLIC HOUSING ANDCOMMUNITY DEVELOPMENT (PHCD) ATTACHMENT G FAIR SUBCONTRACTING POLICIES (Ordinance 97-35) FAIR SUBCONTRACTING PRACTICES In compliance with Miami-Dade County Ordinance 97-35,the Developer submitsthe following detailed statement of its policies and procedures ofawarding subcontracts: fisMl S^QM&ituJL l^t^i/i^vCX 1hereby certify thatthe foregoing information istrue, Signature of Authorized Representative: Title:O+L JIml<LU« Firm Name:{MvfaU,#-it-v Address:&I36 eJUinSf-h D>ej/<: Citv:aIi&4u-State::PC Telephone:Bfi^f/fi?"dl 5i6 Date: .Fed.id no:5%Loop 9sj Zip Code:^3/y3 Fax:(). CD/39/31313 ((£) SoutrrMiami :i •»i t'lYi >J H.i.ASANT f ?VJ W. PURCHASING POLICY The purchasing policy is In accordance with City of South Miami Charter Article 111,Section 5 (Power andDuties)and Florida Statute Chapter 287. Purchases less than $5,000.00.Purchases of,or contracts for,materials,supplies,equipment, improvements or services for which funds are provided in the budget,where the total amount to be expended is not in excess of $5,000.00,may be made or entered into by the City Manager without submittal tothe City Commission and without competitive bidding.Single purchases or contracts inexcessof $5,000.00 shall notbebroken down toamounts less than $5,000,00 to avoid the requirements ofthis subsection.Purchases of less than $1,000.00 donot require: -Purchase orders -Sealed Competitivebids Purchases of less than $5,000.00 but greater than $1,000 do require -A minimum of3 written quotes from 3 different vendors unless piggybacking off an existing governmental contract,which was partofan acceptable competitive bid process. -Anapprovedpurchase order -Must have been included in the original budget or received approval from the City Manager.---- Purchases more than $5,000.00 but less than $25,000,00.Purchases ofor contracts for materials, supplies,equipment,improvements or services for which funds are provided in the budget,where thetotal amount tobe expended is in excess of $5,000.00 but which does not exceed $25,000.00,may be made or entered into by the City Manager with submittal to the City Commission and without competitive bidding,bat shall require thatthe City Manager obtain quotes from at least three different vendors.Single purchases or contracts in excess of $25,000.00 shall not be broken down to amounts less than $25,000.00 to avoid the requirements of this subsection.Purchases more than $5,000.00 but less than $25,000,00 require: -Approval by the City Manager before the expenditure is made or funds committed. -A minimum of3 written quotes from 3 different vendors unless piggybacking off an existing governmental contract which was partofan acceptable 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 excess of $25,000.00 require: -Competitive bid process unless piggybacking off an existing governmental contract which was partofan acceptable competitive bid process -Purchase ordersmustbe obtained before an expenditure is made or funds committed and approved bytheCity Manager, -CityCommissionapproval ♦The Qty Commission mFY 2015 may be adopting a Purposing Ordnance which will supercede the Purposing PoScy,within the FY 2015 Bucket Document CITY OF SOUTH MIAMI BUDGET FY 2014-2015 20 MlAMjDADEj {£££31 ATTACHMENT H PUBLICHOUSING AND COMMUNITY DEVELOPMENT (PHCD) Firm Name of Prime SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) Contractor/Developer CU™1 &1 OQ^I^X &+O^y^ Thisform,oracomparable listing meetingtherequirementsofOrdinance No..97-104,MUSTbecompleted bythedevelopersonCounty contracts for purchase ofsupplies,materialsor services,includingprofessional services which involve expendituresof$100,000ormore,and.all developersonCountyor Public Health Trust construction contracts which involveexpendituresof $100,000 ormore.Thisform,ora comparable listing meeting th0 requirements of Ordinance No.97-104,must be completed and submitted even though the developer willnotutilize subcontractors or suppliers onthecontract.Thedeveloper should enter theword "NONE"under the appropriate heading on this formin those instances where no subcontractors orsuppliers will beusedonthecontract.The developer who isawardedthe contract shallnotchangeorsubstitute lirst tiersubcontractors,directsuppliersortheportionsofthecontract work to be performed,or materials tobe supplied from those identified,except upon written approval ofthe County. fX&t& ^f 77>lae D/u^bixiaici afilf &r&n-pahh^<3*lfaf?tin Ub^p p2un artj&yy rhJzKj A rx^r\cL*H^i CjOinTtOKct--Lo /^ju^OAjdi^a~^ck -1W C^G^kYinois^i^tn.fa^oLfrfl»o_j&4 fcjxrz £,**»-*Art alatn^L dp GbJrrYtfrtlR; Icertify that the representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge true and accurate- ture DeveSignatureueveloper(s) Date $'JWSV* Authoftz§9HFtepresentative (Duplicate if additional spaceisneeded) P^e 1 of1 CD/53/31413/V