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Res No 035-16-14590
RESOLUTION NO.:035-16-14590 A Resolution authorizing the City Manager to execute Amendment One to the agreement for the SW 64th Street,between SW 57th Avenue and 62nd Avenue (Bike Lanes)project with Miami-Dade County. WHEREAS,theCity of SouthMiamiwasawardedagrantforthe SW 64thStreet,betweenSW 57thAvenueand62ndAvenue(BikeLanes)projectfromMiami-DadeCounty'sDepartment of Public HousingandCommunityDevelopmentintheamount of $336,000withacontractexpirationdate of September 30,2017;and WHEREAS,Amendment Onetotheagreementprovides additional fundingfortheSW64th Street,betweenSW57thAvenueand62ndAvenue(BikeLanes)project inthe amount of $18,916;and WHEREAS,the Mayor and City Commission authorize the City Manager to execute Amendment Onetothe agreement with Miami-Dade County's Department of Public Housing and Community Development to increase funding from $336,000 to $354,916 fortheSW 64th Street,between SW57th Avenue and 62nd Avenue (Bike Lanes)project. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:The City Manager is herebyauthorized to execute Amendment Onetothegrant agreement with Miami-Dade County's Department of Public Housing and Community Development to accept additional fundinginthe amount of $18,916 fortheSW64thStreet,between SW57th Avenue and 62nd Avenue (Bike Lanes)project. Section 2.This resolution shalltake effect immediately upon adoption hereof. PASSED AND ADOPTED this 16thday of February ,2016. APPROVED: MAYOR COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Welsh:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Harris:Yea ^CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE,LEGALITY AND EXECUTI0fsfteEREOF- mAuSoutrf'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:February 16,2016 Agenda Item No.:3 Subject: Background: A Resolution authorizing the City Manager to execute Amendment One to the agreement for the SW 64th Street,between SW 57th Avenue and 62nd Avenue (Bike Lanes)project with Miami-Dade County. On October 6,2015,the Cityof South Miami executed the grant agreement for the SW 64th Street Bike Lane and Street Improvements (Project)under the Community Development Block Grant (CDBG) Program from Miami-Dade County,Public Housing and Community Development (PHCD)inatotal amount of $336,000 witha contract expiration date of September 30,2017.The Agreement requires matched fundingin 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 project scope of work involves street improvements to install and improve buffered bike lanes,including drainage renovations, landscaping,signage,pavement markings and resurfacing along SW 64th Street between SW 57th Avenue and 62nd Avenue. Amendment One to the agreement provides additional funding for the SW 64th Street,between SW 57th Avenue and 62nd Avenue (Bike Lanes)project in the amount of $18,916,increasing total funding from $336,000 to $354,916. The proposed Project is part ofa continuing effort to enhance the transportation system and mobility choices forthe residents and visitors to the Cityof South Miami.This Project was identifiedin the South Miami Intermodal Transportation Plan (SMITP)completed in early 2015 witha focus on pedestrian safety and mobility.The Project includes buffered bike lanes,drainage renovations,landscaping, signage,pavement marking and resurfacing along SW 64th Street between SW 57th and 62nd Avenue.A main priorityof this Project is to provide a safer environment for pedestrians,cyclists,and residents by through infrastructure improvements. hWMi-South11 Miami THECITS'OFPLEASANT LtViNG CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Grant Period: Amount: Attachments: The grant period begins on October 1,2015 and ends on September 30,2017. $18,916 Grant Contract Amendment One Resolution 153-15-14492 (Contract) Resolution Number 0R-579-15 and R-925-15 Duns Number #024628976 Award Amount $354.916.00 CDBG 2015 Municipality AMENDMENT ONE TO THE FY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI This Amendment amends the FY 2015 Community Development Block Grant Contract between Miami-Dade County,apolitical subdivision of the State ofFlorida,hereinafter referred to as the "County",and the Cityof South Miami,hereinafter referredto as the "Awardee",executed on December 8th,2015,(the "Contract"or "Agreement")is amended as follows: 1.Page 1,paragraph 6,is amended to read as follow: WHEREAS,the County has appropriated of $354,916.00 CDBG funds (plusany Program Income awarded by the Board of County Commissioners,which shall be added to the Contract by Amendment)tothe Activity SW 64th Street,between SW 57th Ave,and 62nd Ave.,located at SW 64th Street,between SW 57th Ave,and 62nd Ave.All CDBG funds,except those awarded toCounty Departments and municipalities,are awarded in the form of aloan that is forgivable if the national objective ismet pursuant to the terms and conditions set forth herein,including but not limitedto Section II,W(2)(a)(1)-(2);and 2.Attachment AoftheContractis replaced in its entirety andisherebyamendedby Attachment A,whichis attached hereto andincorporatedby reference. 3.Attachment Bofthe Contract is replaced in its entirety andisherebyamended by AttachmentB,whichis attached heretoandincorporatedbyreference. The Parties ratify and adopt all the provisions,duties and obligations of the Contract as if fully set forth herein. This Amendment andallits attachments areherebymadeapartofthe Contract. Exceptforany changes enumerated above,all provisions ofthecontractshallremainin full force and effect. Pagel of2 >^ Resolution Number #R-579-15 and R-925-15 Duns Number #024628976 Award Amount $354.916.00 CDBG 2015 Municipality LW'TNES,?lHE?E°F^^P3rtieS heret°ha,ve>£a^ed this contract to be executed by theirundersignedofficialsasdulyauthorized,this 2^r^day of Av^.w ~~.~ykVI2016. AWARDEE: CITY OF SOUTH M MIAMI-DADE COUNTY iPM "X p*JU0.iAAa r TITLE:City Manager DATE:'l]l%lllfl BY: NAME:/Mflc^Mqm&uAlj- TITLE:&\jj CUric DATE Witnesses: BY: NAME: TITLE: DATE: BY: TITLE: DATE: Approved ondLsgoi Carlos A.Gimenez Mayor iffa//& (S^ighature)v -" Type or Print Name Date Federal ID Number:59-6000431 Resolution #:R-579-15 and R-925-15 IDIS #:5431 ,thContractor's Fiscal Year Ending Date:September 30' CORPORATE SEAL: AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Page 2of2 j?^^i*J»•«. ATTACHMENT A PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FY 2015 Scope of Services October 1,2015 through September 30,2017 Agency Name:City of South Miami •ACTIVITY TITLE: IDIS #: RESOLUTION #: DUNS#: -ACTIVITY DESCRIPTION: 2a-Activity Category: 2b.-Objective: 2c.-Outcome: 2d.-Scope of work(Attached) 3.-APPROVED BY BCC: OtherFundingSourceand Amount: 4.-FY 2015 FUNDING REQUESTED: 5.-HUD INFORMATION: 5a.-HUD matrix code: 5b.-HUD Activity Type: 5c.-HUD National Citation 10. ACCOMPLISHMENTS: 6a -Number of Units: 6b.-Type: NATIONAL OBJECTIVE: Total #of Low/Mod in Service Area: Census Tract: BlockGroup: -ACTIVITY ADDRESS: -LOCATION: NRSA (Activity locatedin): District (Activity locatedin): -LABOR STANDARD applicable Type of Work: D Building •Residential SW 64th Street,between SW 57th Avenue and 62Dd Avenue R-579-15-R-925-15 24628976 Street improvements to install/improve buffered bike lanes:including drainage renovations,landscaping,signage,pavement markings and resurfacing along SW 64th street between SW 57th and 62nd avenue. PublicFacilitiesandCapitalImprovement Sustainable Living Environment Availability/Accessibility Amount:$354,916.00 Source:CDBC FY:2015 $84,000 City of South Miami $336,000 3K LMA 570.208(a)(2) 570.201(c) 1 Public Facilities 76.04 .$!/" %M 6130 Sunset Drive South Miami,FL 33143 South Miami •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 mobilityLiability Insurance andProfessionalLiabilityInsurance.See Attachment fox detailed r^g uirejn&nfts. Planning Supervisor,(Signature)Date CATEGORIES L Personnel II.Contractual Services III.Operating Services IV.Capital Outlay TOTALBUDGET CITY OF SOUTH MIAMI SW 64th Street,between SW 57th Ave.and 62nd Ave.(BikeLanes) CDBG FY 2015 Summary Budget October 1,2015 -September 30,2017 Revised as of 01-15-2016 ATTACHME NT B FY 2015 FY 2015 TOTAL NON-PHCD CDBG FUNDING CDBG FUNDING FY 2015 TOTAL ALL FUNDING R-579-15 R-925-15 CDBG FUNDING SOURCES s -$-$-$-$ $-$60,000.00 $60,000.00 $60,000.00 $-$-$-$-$ $84,000.00 $276,000.00 $18,916.00 $294,916.00 $378,916.00 $84,000.00 $336,000.00$18,916.00 $354,916.00$438,916.00 SOURCES OF OTHER FUNDING City of South Miami TOTAL AMOUNT $84,000.00 CITY OF SOUTH MIAMI CDBG FY 2015 SW64th Street,between SW57thAve.and62ndAve.(BikeLanes) DETAIL BUDGET October 1,2015 thru September 30,2017 Revised as of 01-15-2016 ATTACHMENT B PP Non-PHCD PHCD 2015 CDBG R-579-15 PHCD 2015 CDBG R-925-15 PHCD 2015 CDBG Total Funding Total All Sources 0410 PERSONNEL -Employee Regular-Salaries Position 81 $$$$$- Position #2 $$$$$.- Position #3 $$$$--$- Sub-Total Salaries $$$$$- 4010 Fringe Benefits FICA (salaryX7.65%)$$$$$ Sub-Total Fringe $$$$$ Total Personnel $$$$$ Contractual Services 21011 External Audit $$$$$- 21012 Environmental Audit $$$$$- 21030 Other Professional-Design $$60,000.00 $$60,000.00 $60,000.00 21030 Other Professional SVC $$$$$- 22350 Bottled Water $$$$$ 25330 Rent Copier $$$$$ 25511BuildingRental $$$$$- Total Contractual $$60,000.00 $$60,000.00 $60,000.00 Operating Expenses 31011 Telephone Regular $$$$$- 31011 Telephone LongDistance $$$$$- 31610 Postage $$$s $- 31420 Advertising Radio $$$$$- Total Operating Expenses $s $$$-. Commodities 31S10 Outside Printing $$$$$- 95020 Computer Purchase $$s $$- 47010OfficeSupplies/Outside Vendors $$$$$- Total Commodities $$$$s - Capital Outlay 90 Construction $84,000.00 $275,000.00 $18,916.00 $293,916.00 $377,916.00 Signage $$1,000.00 $$1,000.00 $1,000.00 Infrastructure Improvements $$$$$- Total Capital Outlay $84,000.00 $276,000.00 $18,916.00 $294,916.00 $378,916.00 \rOTAL BUDGET SOURCES OF OTHER FUNDING City of South Miami |$84,000.00 |$336,000.00 j $18,916.00 [$354,916.00 j$ TOTAL AMOUNT $84,000.00 438,916.00 RESOLUTION NO.153-15-14492 A Resolution authorizing theCityManagerto execute FY 2015 Community Development Block Grant agreement aswellasloan documents and other documents required bytheagreement with Miami-Dade County Public Housing and Community Development (PHCD)for the SW 64th Street Bike Lane and Street Improvements Project. WHEREAS,the Mayor andCityCommissiondesiretoacceptthegrant of a loan inthe amount of $336,000 fromMiami-DadeCountyadministeredbyandthroughitsDepartment of PublicHousingandCommunityDevelopment(PHCD)thatmaybeforgiven if allconditionsare met;and WHEREAS,the Agreement willprovidefundingfor the development of abike lanes on SW 64th Street between SW 57th Avenue and62nd Avenue;and WHEREAS,theAgreementrequiresmatchedfundingintheamount of $84,000fromthe City of South Miami and; WHEREAS,thegrantperiodbeginsonOctober 1,2015andendsonSeptember30, 2017. WHEREAS,theMayorandCity Commissioners desiretohavetheCityManager executethe grant agreement inanamount of $336,000; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section1:TheCity Manager is hereby authorized to execute thegrant agreement,loan documents andany related documents required bythe agreement with Miami-Dade County Department of Public Housing and Community Development (PHCD)forthe SW 64lh Street Bike Lane and Street Improvements Project in the amount of $336,000.The grant agreement is attached to this resolution. Section2:Severability*If any section clause,sentence,orphraseofthis resolution isfor any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall notaffectthevalidity of the remaining portions ofthis resolution. Section 3.Effective Date.This resolution shall become effective immediately upon adoptionbyvote of theCityCommission. Res.No.153-15-14492 PASSEDAND ADOPTED this _6th day of October 2015. ATTEST:APPROVED: MAY£>R .COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: 4-0 Yea Absent Yea Yea Yea WIm • Soutm Miami THE CITY Or PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: The Honorable Mayor&Members of the City Commission Steven Alexander,City Manager February 16,2016 Agenda ItemNo. Subject: Background: Amount: Attachments: AResolutionauthorizingtheCity Manager to execute Amendment One to the agreement for the SW 64th Street,between SW 57th Avenue and62ndAvenue (Bike Lanes)projectwithMiami-Dade County. TheCityofSouth Miami was awarded fundingfor the SW64th Street Bike LaneandStreet Improvements (Project)underthe Community Development Block Grant (CDBG)Program from Miami-Dade County, PublicHousingand Community Development (PHCD)inatotal amountof$336,000 with acontractexpirationdateof September 30, 2017.TheAgreementrequiresmatched funding inthe amount of $84,000 fromthe City ofSouth Miami.People's Transportation Plan (PTP)funds have been allocated to cover these match requirements. AmendmentOnetotheagreementprovides additional funding forthe SW64thStreet,betweenSW 57th Avenueand62nd Avenue (Bike Lanes)project in theamountof $18,916,increasing total funding from $336,000 to $354,916. TheproposedProjectispartofacontinuingeffortto enhance the transportation system and mobility choices for the residents and visitorstothe City ofSouth Miami.ThisProject was identified inthe South Miami Intermodal TransportationPlan (SMITP)completedin early 2015 with a focus on pedestrian safetyand mobility.The Project includes buffered bike lanes,drainage renovations,landscaping, signage,pavement marking andresurfacingalongSW64th Street betweenSW 57th and62nd Avenue.A main priority ofthisProjectis toprovidea safer environment for pedestrians,cyclists,and residents by through infrastructure improvements. ThegrantperiodbeginsonOctober1,2015and ends onSeptember 30,2017. $18,916 Grant Contract Amendment Resolution 153-15-14492 (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 (hereinafter referred to as "Agreement"or"Contract"),byand between Miami-Dade County,a political subdivision of the State ofFlorida,hereinafter referred toas"County"and Cityof South Miami,hereinafter referred to as "Awardee"and having offices at6130 Sunset Drive.South Miami.FL 33143-5040,and telephone number of (305)668-2514 stales conditions and covenants forthe rendering of Community,Economic or Housing activities hereinafter referred to as "Activity orActivities"fortheCounty through itsPublic Housing and Community Developmenthereinafter referred toas "PHCD,"and having its principal offices at 701 N.W.1 Court,14m Floor,Miami, Florida 33136,collectively referred to as the "Parties." WHEREAS,the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and welfareof the residents throughout the County a;and WHEREAS,the Community Development BlockGrant(CDBG)Program was authorized bythe Housing and Community Development Actof1974,as amended,withthe primary objectiveofpromoting the development ofviable urban communities;and WHEREAS,the Awardee provides itwilldevelopactivitiesof value tothe County and has demonstrated an abilityto provide these activities;and WHEREAS,theCountyis desirous ofobtainingsuchactivitiesof the Awardee,and the Awardeeis desirous ofproviding such activities;and WHEREAS,the County has appropriated $336,000.00 ofCDBG funds (plusany Program Income awarded bytheBoardofCountyCommissioners,whichshallbeaddedtotheContractbyAmendment)tothe Activity SW64th Street,between SW57thAveand62nd Ave,locatedatSW64Streetbetween 57th and62nd Avenue.Miami.All CDBG funds,except those awardedtoCountyDepartmentsand municipalties,are awarded in the formofa loan that is forgivable if the nationalobjectiveismetpursuanttotheterms and conditions setforthherein,includingbut notlimitedtoSection II,W(2)(a)(1)-(2);and WHEREAS,the Awardee shall carry outtheActivitiesdefined and set forthin Attachment A,"Scope of Services",inMiami-DadeCountyor the focus area(s)ofthecounty.This contract effective start date is October 1, 2015,and shall expireon September 30,2017. NOW,therefore,in consideration of the mutual covenants recorded herein,the parties hereto agree as follows: I.DEFINITIONS PHCD Public Housing and Community Developmentor its successor Department. 24CFRPart570-CDBG Federal regulations implementing Title I of the Housing and Regulations Community Development Act of 1974,as amended -Community | Development Block Grant j Awardee Recipientof CDBG funds from Miami-Dade County.[ Community Development Alocal agency thatis organized to meet community development | Corporation needs with particular emphasis onthe economic development,j housing and revitalization needs of low-and moderate-income area ( residents and which is receptive totheneeds expressed bythe j community.j Local Having headquarters in Miami-Dade County or having a place of business located in Miami-Dade County from which the Contract or Subcontract will be performed. Page 1 Low-and Moderate-Income Individual or Family Very Low Income Individual or Family Contract Records or Agreement Records Federal Award Property Policies and Procedures Manual Subcontractor or Subconsultant Subcontract A person or family whose annual income does not exceed 30%of the median income for the area,as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. A person or family whose annual income does not exceed 50%of the median income for the area,as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Any and 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 the duties and obligations required by the terms of this contract, including but notlimitedtofinancial books and records,ledgers, drawings,maps,pamphlets,designs,electronic tapes,computer drives and diskettes or surveys. Any federal funds received by the Awardee fromany source during the period of time in which the Awardee is performing the obligations set forth in this contract. Thereal property as descibed bylegal description in any loan documents executed betweenAwardeeandtheCountyandanyreal property of Awardee orRelatedorAffiliatedEntities(as defined herein) acquired or improved upon with funds awarded pursuant to this Agreement or on which funds awarded pursuant to this Agreement are anticipated to be used. PHCD's PoliciesandProceduresManual f/k/a ContractCompliance Manual may be viewed and downloaded at hftp://www/miamidade.gov/housing/community-development.asp Any individual orfirmhiredona contractual basis by the Awardee for thepurposeofperformingworkorfunctionscitedontheActionStep Format (Attachment "A1)of this contract. Any contractual agreement between a Subcontractor and the Awardee. THE AWARDEE AGREES: A.The Awardee shall carry out the Activities defined andset forth in AttachmentA,"Scope of Services,"which is incorporated herein and attached hereto,in the County or the focus area(s)of theCounty.Awardeeacknowledgesandagreesthatthepurposeof CDBG fundsistobenefit low- and moderate-income persons.Therefore,Awardee shall carry outthe Activities insuchamanner as to satisfy aNationalObjective. 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(s)of Insuranc,in compliance with 24CFR 84.31 and24CFR84.48as applicable, evidencinginsurancecoverage as detailedin Attachment B-1(N),Theeffectivecoveragestartdate of applicable insurancesshallnotbelaterthanthedateoftheAgreementexecutionandshallbe approved by Miami-Dade County's Internal Services Department prior toany reimbursement being processed.Allcertificatesandinsuranceupdatesmustidentifythe names oftheAwardeeandthe Activitybeing funded through thisAgreement.TheAwardeeshall provide Builder's Risk Insurance and/or Flood Insurance (if applicable)upontheissuance of theNoticetoProceedwithaneffective date for coverage commencing ontheNoticetoProceeddate. Page 2 Any changes totherequired insurance policies,including coverage renewals,mustbe submitted to PHCD through aformal notice immediately upon occurrence throughout the Agreement period. If the Awardee failsto submit the required insurance documents inthe manner prescribed in these requirements withinsixty(60)calendar days aftertheBoardof County Commissioners'approval,the Awardee shall be in default of the terms and conditions ofthe Agreement. Certificate of Continuity The Awardee shallbe responsible for ensuring thatthe insurance certificates required in conjunction withthis subsection remaininforceforthedurationofthe Agreement period,including any and all option years,if applicable.Inthe case ofconstructionandmajorrehabilitationactivities,the Awardee must have the coverage cited in Attachment B-1{N)ofthis Agreement atthetime that it begins construction ontheproject.If the insurance certificates are scheduled toexpireduringthe Agreement period,the Awardee shallbe responsible for submitting newor renewed insurance certificates tothe County ataminimumofthirty(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 untilthe new or renewed certificates are received by the County in the manner prescribed inthe requirements;provided,however,that this suspended period does not exceed thirty(30)calendar days.If such suspension exceeds thirty (30)calendar days,the County may,atits sole discretion,terminate the Agreement.Priorto execution of the Agreement bytheCountyand commencement of the contracted services,the Awardee shall obtain all insurance required under this Section and submit same to the County for approval.All insurance shall be maintained throughout the term of the Agreement. D.Indemnification The County shall not assume anyliabilityforthe acts,omissions toactor negligence ofthe Awardee,its agents,servants or employees;norshall the Awardee exclude liabilityforitsown acts, omissions toact,or negligence arising outofthe Awardee's performance pursuant tothis Agreement.The Awardee shallindemnifyandhold harmless the County and itsofficers,employees, agents and instrumentalities from any and allliability,losses or damages,including attorneys'fees and costs of defense,which theCountyoritsofficers,employees,agents or instrumentalities may incur as a result of claims,demands,suits,causes of actions or proceedings of any kind or nature arising outof,relatingtoorresultingfromthe performance ofthis Agreement bythe Awardee orits employees,agents,servants,partners principals or subcontractors.The Awardee shall payall claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kindor nature in the name oftheCounty,where applicable,including appellate proceedings,and shallpayall costs,judgments,and attorney's fees whichmay issue thereon.The Awardee expressly understands and agrees thatany insurance protectionrequiredbythis Agreement or otherwise provided bythe Awardee shallinno way limit the responsibility to indemnify,keep and save harmless anddefendtheCountyoritsofficers,employees,agents and instrumentalities as hereinprovided.Nothinghereinis intended to serve as awaiverof sovereign immunityby the County nor shall anythinghereinbe construed as consent by the Countytobe sued | i by third partiesinanymatter arising outofthis Agreement.Nothing herein shallbe construed to | extend the County's or Awardee's liability beyondthatprovidedin section 768.28,Florida Statutes.I The provisions ofthissection survive the termination or expiration ofthis Agreement.I I National Objective In accordance with 24 CFR Section 570.208 ofthe federal regulations,the Awardee shall be j requiredto achieve the national objectiveof Benefit to Low and Moderate Income Persons or j Households (LMI).(See Attachment B-2).Awardee shad execute and delivertotheCounty, simultaneous with this Agreement,a Promissory Note committing to repay the funds provided by the | County pursuant tothisAgreementintheeventthatAwardeefailstomeetthenational objective.In i the event the CDBG funds subject to this Agreement aretobe used for the acquisition or j improvement of real property,the Awardee shall also be required to give the County a mortgage or j other sercurity instrument tobe determined atthe absolute and sole discretion of the County Mayor I orMayor's designee \n order to secure theloan described inthis Agreement.Titleworkandatitle insurancepolicy,ifsorequiredintheabsoluteandsolediscretionoftheCounty Mayor or Mayor's j designee in order to adequately secure theloan set forth herein,shallbepaidforbyAwardee. Awardee understands that theCountymaybeliabletotheUnited States Department of Housing. and Urban Development ("HUD")for repayment ofthe federal funds loaned to Awardee pursuant to this Agreement in the event that HUD determines that Awardee has failed to meet the national Page 3 objective.AWARDEE WAIVESANYRIGHTTO OBJECT TOTHEREPAYMENT 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 allrightsand remedies inlaw and equity to seek repayment of funds loaned to Awardee pursuant tothis Agreement. Documents and Reporting Requirements The Awardee shall submit documents toPHCDorreporton relevant informationto PHCD as described below and provideany other documents in whatever form,manner,or frequency as prescribed by PHCD.These willbe used for monitoring progress,performance,and compliance with this Agreement andfor compliance withapplicable County and Federal requirements. 1.Certificates of Insurance The originalcertificate,as set forth in Attachment B-1(N)tobe received byPHCDwithin the first month of this Agreement period,and submitted with each payment request, including any renewals,priorto payments made bythe County.The effective date of the coverage must coincide withthe beginning date ofthis agreement. 2.Progress Reports a.The Awardee shall submit each quarter a status report using the form attached hereto as Attachment C,"Progress Report,"asit may be revised byPHCD,which shall describe the progress made by the Awardee in achieving each of the Activities,objectives and action steps identified herein,includingbut not limited to Attachment A and Attachment A-1. The Awardee shall ensure thatPHCD receives each reportintriplicate(or as indicated)nolaterthan 10 days after the quarter ends. The Awardee shall submit to PHCD a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I -General Information Section (I-Financial Information: The Awardee must report expenditure information based onapproved budgeted line items toreflectall costs incurredduring the reportingperiod.In addition,the Awardee shallreporton Program Income,depictingthetwentypercent(20%)to be paidtothe County quarterlyaswell as Awardee's usage ofProgram Income for each contracted activity. Section III -Status of Contracted Activities: The Awardee must report specific informationregardingthe status of the contracted activities,including accomplishments and/ordelays encountered during the implementation oftheprojectandan unduplicated countofclients served during the reportingperiod(ifapplicable)for each federally defined ethnic category.Awardeesengagedinconstructionand/orhousing rehabilitation projects shallreportontheprogressoftheiractivities including thenumberofhousingunits completed and occupied by low-moderate and low income residents.The Awardee shall also report demographic information on each head of household. Eachgoalandcorrespondingobjective(s)Tasindicatedintheapproved Scope of Services,mustbeaddressedaspartofthisreportAwardeesengagedinjob creationprojectsshallreportonthe progress oftheiractivitiesincludingthe names of businesses assisted,the number of jobs created and the income qualification of individualsholdingthejobs created. 50%and70%Benchmark Reporting;At the time Awardee has been paidor otherwise received fifty percent (50%)and seventy percent (70%)of the Agreement Funds,Awardee must report -on the next progress report due -and submit documentation to show sufficient to show that Awardee has accomplished 50%and 70%,respectively,of the Activities described herein.For Awardees engaged in construction and/or housing rehabilitationprojects,Awardees shall Page 4 report onthe progress oftheir activities includingthe number of housing units completed and occupied by low-moderate andlow income residents.The Awardee shall also report demographic informationon each head of household. Each goaland corresponding objective(s).as indicatedinthe approved Scope of Services,must be addressed as part ofthis report.Awardees engaged injob creation projectsshallreportonthe progress oftheiractivities including the names of businesses assisted,thenumberof jobs created and the income qualificationof individuals holding the jobs created. In conjunction withthe progress reports submitted,Awardee shall submit the Performance &BenefitData Supplement (the "Supplement")tothe Quarterly Expenditure &Progress Report.The Supplement shall be considered apartofthe progress reports due pursuant tothis Agreement. Section 111 -Contract and Subcontract Activity Report: Contract and Subcontract Activity Report (First and Third Quarter Progress Report)-The Awardee shall reportto PHCD the number of business activities involvingminority vendors,including subcontractors performing work under this Agreement.The"Contractand Subcontract Activity Report"Section in Attachment C,and when applicable Section 3in the same Attachment shall be completed semiannually bythe Awardee and submitted toPHCDno later than 10 days after the first and third quarter. Section JV-Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report)-TheAwardeeshallreporttoPHCD the number of target and service area residents whohave received employment opportunities fromfederally financed and assisted projects and activities. TheNeighborhoodEmploymentOpportunitiesReportshallbesubmittedusingthe Progress ReportForm attached hereto asa Section in Attachment C,asitmay berevised.Thissectionofthe form shallbe completed semiannuallybythe Awardee and submitted toPHCDnolaterthan10 days after the firstandthird quarter. The Awardee shallsubmittotheCounty,inatimely manner,anyotherinformation deemed necessary bytheCountytoshow Awardee has performed itsobligations set forthinthis Agreement andto show U.S.HUD that Awardee has met the national objective,and its presentation shallcomplywith the format specified at thetimeofthe request.Failuretosubmitthe Progress Reportsorother informationina manner satisfactorytotheCountybythe due date shall render the Awardee innoncompliance with thisAgreement.TheCountymayrequirethe Awardee toforfeititsclaimto payment requests orthe County mayinvoke the termination provisioninthis Agreement bygivingfive(5)days writtennoticeof such action to be taken. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms andconditionsofthisAgreement,Miami-DadeCountyResolution No.1634-93 will applytothis Agreement.This resolution requires the Awardees tofilequarterlyreportsastotheamountof Agreement monies receivedfromthe County and theamountsthereofthathavebeenpaidbytheAwardeedirectlyto Black,HispanicandWomen-Owned businesses performingpartofthecontract work. Additionally,thelistedbusinessesarerequiredtosignthereports,verifying their participationinthecontract work andtheirreceiptofsuchmonies.Forpurposes of applicability,the requirements ofthis resolution shallbein addition toanyother reporting requirements requiredbylaw,ordinance or administrative order. Pages c.Unspecified Site(s)Objective-Ifthe Awardee has notyetidentifieda location to carry out any of the activities described in Attachment A,the Awardee shall submit,intriplicate,Progress Reports,using the form attached hereto as part of Attachment C,onamonthly basis until such time as the Awardee complies with the provisions contained within Section II,Paragraph F.4.ofthis Agreement. Copies of the above described Progress Report shallbe received byPHCDno later than the tenth (10th)dayof each monthandshall address the progress undertaken bytheAwardeeduringthepreviousmonth.This Progress Report shallnotberequirediftheAwardeeissubmittingthe Progress Reports required by Section II,Paragraph F.2.a and Paragraph F.3. 3.Annual Report (Fourth Quarter Progress Report)andFinalReport-The Awardee shall submita cumulative status report (hereinafter referred to as "AnnualReport")using the "Progress Report"specified inSection II,Paragraph F.2.a.above,whichshall describe the progress made bythe Awardee in achieving each of the National Objectives identified in Attachment A during the previous year.The "Annual Report"must cover the CDBG fiscal year beginning on January 1 and endingon December 31 and shallbe received byPHCD 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 termofthis Agreement andshall be accompanied by sufficient documentation to show Awardee has met the CDBG National Objective.For Activities where the National Objective isjob creation,the Final Progress Report shall include documentation sufficienttoprovetoU.S.HUD that Awardee mettheNationalObjective. Awardee shall reportail Program Income earned duringthe year and shall pay to the Countyall Program Income earned unless directed expressly,inwriting,to otherwise bythe County. 4.Environmental Review -The Awardee immediately upon locating or determining a site for each of the "Unspecified Site11 activitiestobe carried out pursuant tothis Agreement,shall submit information detailing the locationof each siteforwhichaSite Environmental Conditions Statement willbe prepared.The Environmental Reviewistobe prepared on information contained in Attachment D,"Information for Environmental Review Form." Notwithstanding any provision of this Agreement,the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval,and that such commitmentof funds or approval may occur onlyupon satisfactory completion of environmental reviewand receipt bythe County ofa release of funds from the U.S.Department of Housing and Urban Development under 24 CFR Part 58.The parties further agree that the provision of any funds to the project is conditioned on the County's determination to proceed with,modifyor cancel the project based on the results of a subseguent environmental review. 5*.Audit Report -The Awardee shall submit to PHCD an annual auditreportin triplicate as requiredby Section II,Paragraph Lofthis Agreement,as set forthbelow.The Awardee shall submit awritten statement fromits auditing firmtoconfirmthatit has cleared any non compliance issues stated in the audit,and awritten statement fromthe Auditor that the audit complies withall applicable provisionsof 24 CFR Part 84.26,Part85.26 and OMBA- 133. 6.Personnel Policies and Administrative Procedures -The Awardee shall submit detailed documents describingtheAwardee'sinternal corporate ororganizational structure,property management and procurement policies and procedures,personnel management, accounting policiesand procedures,etc.Such informationshallbe submitted toPHCD within30 days ofthe execution ofthis Agreement. 7.InventoryReport-The Awardee shallreport annually all nonexpendable personal and real property purchased with CDBG fundsfromthisandprevious agreements withtheCounty as specified in Section II,Paragraph Wofthis Agreement. 8.AffirmativeActionPlan-The Awardee shall report toPHCDinformation relative to the equalityofemploymentopportunities whenever so requested byPHCD. 9.Disclosure of Related orAffiliatedParties -At the timeof contract execution,oratany other timeatthe request oftheCounty,Awardee shall disclose totheCountyall Related or Affiliated Parties.Related or Affiliated Parties shall mean persons,corporations, partnerships,orother business entities(a)whichhaveadirectorindirect ownership Page 6 interestin Awardee,(b)which haveaparentor principal thereof which hasa direct or indirect ownership interest in Awardee.(c)whose members appointed by Awardee,or (d) which the County deems in its sole discretion tobea Related or Affiliated Party of Awardee.TheAwardeeshallreportthis information totheCountyuponformingthe relationship or,if already formed,shall report it immediately.Any supplemental information shallbe reported quarterly inthe required Progress Report.This provision shallbe construed broadly tothe benefit ofthe County.Non-compliance with theserequirements will be considered adefault,whichmayresultintheimmediate termination ofthe agreement,the recovery ofthe entire funding award,andthe disqualification of funding through PHCDforaperiodofthreeyears. 10.Reportingonfinancial Status.Bankruptcy.RealProperty,or Personal Property-Awardee shall notify the County in writing within ten (10)daysofthe occurrence ofanyofthe following as toAwardeeoranyRelatedor Affiliated Parties: a.Any anticipated orpendinglis pendens,foreclosure action,arrearage,default, latepaymentregardinganypropertyofAwardeeorRelatedor Affiliated Parties, including propertiesnotrelatedtothisAgreement.Awardeeshallalsoprovidethe Countywithacopyofallcourt filings,noticesofdefault,arrearage orlate payment,oranyotherdocumentsrelevanttothe disclosures requiredherein. b.Anylegal encumbrance onthe Property not permitted inwritingbythe County. c.Anydefaultor arrearage onanyloan,Noteor other debtorobligationforwhich the Property is security. d..Any anticipated or pending bankruptcy,restructuring,dissolution,reorganization, appointment ofa trustee or receiver. e.Anyaction,activity,facts,or circumstances thatwould materially impair performance by Awardee ofall the terms and conditions ofthis Agreement. Failure tocomplywith these reporting requirements shall constitute a default and shall entitle the County to seek any and all remedies available atlaw,equity and"pursuant to"this Agreement. G.Lobbying Prohibition 1.TheAwardeeshallcertifythatnofederalappropriatedfundshavebeenpaidor will bepaid, byoronbehalfoftheundersigned,toanypersonfor influencing orattemptingto influence an officer or employee ofany agency,a Member ofCongress,an officer oremployeeof Congress,oran employee ofa Member of Congress in connection with the awarding of anyfederal Agreement,the making ofany federal grant,the making ofany federal loan,the enteringintoofanycooperative Agreement,andtheextension,continuation,renewal, amendment,or modification ofany federal Agreement,grant,loan,or cooperative Agreement. 2.The Awardee shall disclose to PHCD ifany funds other than federal appropriated funds havebeen paid or will be paid toanyperson for influencing or attempting to influence an officer or employee ofany agency,a Member of Congress,an officer or employee of Congress,oranemployeeofaMemberof Congress inconnection with thisfederal Agreement,grant,loan,or cooperative Agreement,onaStandard Form-LLL,"Disclosure FormtoReport Lobbying,"in accordance withitsinstructions. 3.TheAwardeeshallensurethatthelanguageinthisSection II,Paragraph G.1.andG.2be included inthe award documents for alt subawards atalltiers (including subcontracts, subgrants,and Agreements under grants,loans,and cooperative Agreements)andto ensure that all subrecipientsshall certify anddisclose accordingly inconnection with this activity. H.Federal,State,andCountyLawsand Regulations Page 7 Rules,Regulations and Licensing Requirements 1.The Awardee shall comply with all laws,ordinances and regulations applicable tothe services contemplated herein,especially those applicable to conflict ofinterestand collusion.Awardees are presumed tobe familiar with all Federal,State and local laws, ordinances,codes,rules and regulations that may in any way affect the goods or services offered,especially Executive Order No.11246 entitled "Equal Employment Opportunity" andas amended by Executive Order No.11375,as supplemented by the Department of Labor Regulations (41 CFR,Part60),the Americans with Disabilities Act of 1990 and implementing regulations,the Rehabilitation Act of 1973,as amended,Chapter553of Florida Statutes andanyand 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 httpi/Avww/miamidade.gov/housing/community-development.asp,which are incorporated i hereinbyreference,receiptof which ishereby acknowledged,andastheymayberevised.! 2.The Awardee agreestoabide 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.Awardeeshallcomplywith,and cause ait subcontracts torequirecompliancewith,Florida Statutes,the Miami-Dade CountyCodeofOrdinances,andall applicable building codes, including the Miami-Dade County Building Codeandany applicable municipal building code.Failureof Awardee orany subcontractor of Awardee tosocomplywith these requirements,which includes butisnotlimitedto engaging inconstruction or repairs without proper buildingpermitsor unlicensedprofessionals engaging inworkwhich requiresalicense,shall cause this Agreement tobevoidablebytheCountyattheCounty's absolute andsolediscretion.In theevent the CountyvoidsthisAgreementforfailureto comply with therequirementsofthissection,Awardeeshall forfeit anyrighttopayment pursuant tothis Agreement,regardless of when Awardee's orthe subcontractor's noncompliance becomes known to the County. 4.TheAwardeeshall comply with Section 504ofthe Rehabilitation Act of 1973,as amended^ whichprohibits discrimination onthe basis of handicap and requires aminimum number of unitsto be accessible to persons with disabilities;TitleVIof the CivilRightsActof 1964,as amended,whichprohibitsdiscriminationonthe basis of race,color,ornational origin;the AgeDiscriminationActof 1975,as amended,whichprohibitsdiscriminationon the basis of age;Title Vlil ofthe Civil RightsActof 1968,as amended,andExecutive Order 11063 whichprohibitsdiscriminationinhousingonthe basis ofrace,color,religion,sex,or nationalorigin;ExecutiveOrder 11246,as amended whichrequiresequalemployment opportunity;andwiththeEnergy Policy,amended andConservationAct(Pub.L94-163) whichrequiresmandatory standards andpoliciesrelatingtoenergyefficiency.The Awardeealso agrees tocomply with theDomesticViolenceLeavecodified as 11A-60 et seq.ofthe Miami-Dade CountyCode,whichrequiresanemployer,whointheregular courseofbusiness has fifty (50)ormoreemployees working in Miami-Dade Countyfor each working dayduringeachof twenty (20)ormorecalendar work weekstoprovide domesticviolenceleavetoitsemployees.Failuretocomply with thislocallawmaybe groundsfor voiding orterminatingthisAgreementorforcommencementof debarment proceedings against the Awardee. 5.IftheamountpayabletotheAwardeepursuanttothetermsofthisAgreementisin excess of $100,000,theAwardeeshallcomplywithallapplicable standards,orders,orregulations, issuedpursuanttoSection306oftheCleanAirActof1970(42 U.S.C.7401,1857h),as amended;the Federal Water PollutionControlAct(33U.S.C.1251),as amended;Section 508oftheCleanWaterAct(33U.S.C.1368);Environmental ProtectionAgencyregulations (40CFRPart 15,50);and ExecutiveOrder 11738. 6.Assurance of Compliance with Section 504 of the Rehabilitation Act -The Awardee shall reportitscompliancewithSection504ofthe Rehabilitation Act whenever so requested by PHCDwithinthetermofthis Agreement or the Affordability Period. 7.Americans with Disabilities Act (ADA)of 1990 -The Awardee shall attest to;and submit the required Disability Non-discrimination Affidavit assuringcompliance with allapplicable requirementsofthelawslistedbelowincludingbutnot limited to,thoseprovisions Pages pertaining to employment,provisions and program services,transportation, communications,access tofacilities,renovations,and new construction. 8.Affirmative Action/Non-Discrimination of Employment,Promotion,and Procurement Practices (Ordinance #98-30)-All firmswithannual gross revenues in excess of$5 million, seekingtocontract with Miami-Dade County shall,asa condition ofaward,havea written AffirmativeActionPlanand Procurement Policyon file withthe Regulatory andEconomic ResourcesDepartment.Said firms mustalso submit,asapartof their proposals/bidstobe filedwiththeClerkoftheBoard,anappropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit.FirmswhoseBoardsofDirectors are representative of thepopulationmake-upofthenationareexempt from thisrequirementandmustsubmit,in writing,adetailed listing oftheirBoardsof Directors,showingtheraceor ethnicity ofeach board member,totheCounty'sRegulatoryandEconomic Resources Department.Firms claiming exemptionmust submit,asapartoftheirproposals/bidstobe filed with theClerk oftheBoard,anappropriately completed and signed ExemptionAffidavitin accordance withOrdinance98-30.Thesesubmittalsshallbesubjecttoperiodicreviewsto assure that | the entities donotdiscriminateintheiremployment and procurement practices against minorities and women-owned businesses.|. It will bethe responsibility of each firm toprovideverificationoftheir gross annual revenues to determine the requirement forcompliancewiththe Ordinance.Those firmsthatdonot exceed $5million annual gross revenues mustclearly state so intheir bid/proposai. Any bidder/respondent which does not provide an affirmative action plan and procurement policymaynot be recommended by the CountyMayorforawardbytheMiami-Dade County Mayor. 9.Domestic Violence Leave Affidavit-Priorto entering into any contract with the County,a firm desiring todo business withthe County shall,as a condition of award,certify that \t is in compliance with the Domestic Leave Ordinance,99-5 and Section 11A-60 of the Miami- Dade County Code.This Ordinance applies to employers thathave,in the regular course of business,fifty (50)ormore employees workingin Miami Dade Countyforeachworkingday during each oftwenty(20)ormore calendar work weeks inthe current or preceding calendar year.In accordance withResolution R-185-00,the obligationtoprovide domestic violence leave to employees shallbeacontractualobligation.The County shallnot enter intoa contract with any firmthat has notcertifiedits compliance with the Domestic Leave Ordinance.Failuretocomplywiththe requirements ofResolution R-185-00,aswell as the DomesticLeaveOrdinancemayresultinthecontractbeing declared void,thecontract beingterminated and/or the firm beingdebarred. 10.CodeofBusinessEthics-In accordance with Section2-8.1(1)oftheCodeof Miami-Dade Countyeachpersonor entib'y thatseekstodobusiness with Miami-Dade County shall adopt a Code of Business Ethics ("Code")and shall submit an affidavit stating that the Awardee has adopted a Code that complies with the requirements of Section 2-8.1 (\)of the Miami-Dade County Code (Form A-12).Section 2-11.1(d)of Miami-Dade County Codeas amended byOrdinance00-1,alsorequiresanycountyemployeeoranymemberofthe employee'simmediate family whohasa controlling financial interest,director indirect,with Miami-Dade County or any person or agency acting for Miami-Dade County from competingorapplyingforanysuchcontract as it pertains to this solicitation,mustfirst requesta conflict ofinterest opinion fromthe County's EthicCommissionpriortotheiror their immediate family member's entering into anycontractortransactinganybusiness through a firm,corporation,partnership or business entity in which the employee orany memberoftheemployee's immediate family hasa controlling financial interest,director indirect,with Miami-Dade County orany person or agency acting for Miami-Dade County andthatanysuch contract,agreement orbusinessengagemententeredin violation ofthis subsection,asamended,shall renderthis Agreement voidable.For additional information, please contacttheEthicsCommissionhotlineat(305)579-9093. 11-Public Entity Crimes-Pursuantto Paragraph 2(a)ofSection287.133,Florida Statutes,a personor affiliate whohasbeenplacedonthe convicted vendorlist following a conviction for a public entity crime may not submit a proposal fora contract to provide anygoodsor servicestoa public entity;may not submit a proposal ona contract with a public entity for the construction orrepairofa public building or public work;maynotsubmitproposalson Page 9 leases ofreal property toa public entity;maynotbe awardedor perform work asa Awardee,supplier,subcontractor,orconsultant undera contract with any public entity;and, may not transact business with any public entity inexcessofthe threshold amount provided in Section 287.017 for Category TWO ($10,000)for a period of thirty-six (36)months from thedateofbeingplacedontheconvicted vendor list.TheAwardeewarrantsand represents thatithas not been placed onthe convicted vendor list The Awardee agrees that should Miami-Dade County discover that the Awardee's representations regarding the list are false,this Agreement shall be terminated onthe discretion of Miami-Dade County. Further,shouldthe Awardee be placed onthelistatanytime during thisAgreement Miami- DadeCountyshallhavethe right toterminatethis agreement 12.Criminal Conviction -Pursuant to Miami-Dade County Ordinance No.94-34,"Any individual whohasbeen convicted ofa felony during thepasttenyearsandany corporation, partnership,joint venture or other legalentity having anofficer,director,or executive who hasbeenconvictedofafelony during thepasttenyears shall disclosethis information prior to entering intoa contract withor receiving funding from the County."Failure ofthe Awardeetodisclosethis information asrequiredmayleadtotheterminationofthis agreement byMiami-Dade County. If Awardee,oranyowner,subsidiary,orotherfirmaffiliatedwithorrelatedtothe Awardee, isfoundby the responsible enforcement agency,the CourtsortheCountytobeinviolation oftheActs,theCounty will conduct nofurther business with Awardee.Any contract entered intobaseduponafalseaffidavit,aslistedbelow,andsubmittedpursuanttothis resolution shallbe voidable bythe County: 1.Miami-Dade County Vendor AffidavitForm 2.Criminal Record Affidavit 3.PublicEntityCrimeAffidavit 4.Related-Party Disclosure Information 5.Miami-DadeCountyAffidavitRegarding Delinquent andCurrentlyDue Fees or Taxes 6.Affirmative Action Affidavits 7.Current on alt County Contracts,Loans,and Other Obligations Affidavit 8.Financial and Conflicts of Interest Affidavit 9.Collusion Affidavit If any attesting firm violatesanyoftheActsbelowduringthetermofanycontractsuch firm has with the County,such contractshallbevoidablebytheCounty,even if the attesting firm was notinviolation at the time it submitted its affidavit. The applicable Acts areasfollows; 1.The Americans withDisabilitiesActof 1990 (ADA),Pub.L.101-336,104 Stat 327, 42 U.S.C.12101-12213 and47U.S.C.Sections 225and611includingTitle I, Employment;Title II,PublicServices;Title 111,Public Accommodations and Services OperatedbyPrivateEntities;Title IV,Telecommunications;andTitleV, 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.TheFairHousingActasamended,42U.S.C.Section3601-3631. In additiontotherequirementsintheAgreement,theAwardee/Department agrees to complywithaitthe provisions of24CFR570.502,24CFR570.503,and24CFR Part 570, Subpart K(24CFR 570.600 -570.614),including the following: PublicLaw88-352andPublicLaw90-284;affirmativelyfurthering fair housing;ExecutiveOrder 11063. 24CFR 570.602 Section 109 oftheHousingand Community Development Act. Labor standards (24 CFR 570.603;29 CFR Part5). Environmental standards. National Flood Insurance Program. Uniformed Relocation Act. Page 10 Employment and contracting opportunities. Lead-based paint regulations. Eligibility of contractors orsub recipients. Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibilityof certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 13.CDBG-Related Requirements 1.National Objective -Awardee must perform the Activities described herein ina manner inwhich Awardee meets the national objective of benefit to low- andmoderate-income persons.Awardee shall ensure and maintain documentation,acceptable tothe County inits sole and absolute discretion,that conclusively demonstrates that each activity assisted inwholeorin part with CDBG funds isanactivitywhich provides benefit tolow-and moderate-income persons,as defined in the CDBG Regulations. 2.The Awardee shallcomplywithall applicable provisionsof 24 CFR Part 570 and shall carryout each activityin compliance withall applicable federal taws and regulations described therein.If the Awardee isaprimarilyreligious entity,it shall comply withall provisions of24CFR 570.200 (j). 3.The Awardee agrees tocomplywith(a)theUniform Relocation Assistance and Real Property Acquisition Policies Actof 1970,as amended (URA),and implementing regulations at49 CFR Part 24 and 24 CFR 570.606(b):(b)the requirements of24CFR 570.606(c)governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d)oftheHCDAct;and (c)the requirements in 570.606(d)governing optional relocation policies.(The County may preemept the optional policies).The Awardee shall provide relocation assistance to persons (families,individuals,businesses,non-profit organizations andfarms)that are displaced as adirectresultofacquisition,rehabilitaion, demolition or "conversion for a CDBG assisted project.TheAwardeealso agrees to comply with applicable County ordinances,resolutions and policies concerning the displacement of persons from their residences. 4.For each activityor portion ofactivity described in Attachment A hereto forwhich a location has not yet been identified,the Awardee shall obtain,immediately after a site isidentifiedbythe Awardee,PHCD's written environmental clearance statement and shall agree inwritingto comply withany and all requirements as maybe set forthin the Site Environmental Clearance Statement. 5.The Awardee shall cooperate with PHCD ininforming the appropriate CDBG citizen participation structures,including the appropriate area committees,ofthe activitiesofthe Awardee in adhering totheprovisionsofthis Agreement. Representatives of the Awardee shall attend meetings ofthe appropriate committees andcitizenparticipation structures,uponthe request of the citizen participation officers,PHCD,orthe County. 6.The Awardee shall make agoodfaitheffortto address the concems ofthe residents ofthe affected area.The Awardee shall cooperate withPHCDin informingthe appropriate CDBGcitizen participation structures,includingthe appropriate area committees,ofthe activities ofthe Awardee in adhering to the provisions ofthis Agreement.Representatives ofthe Awardee shall attend meetings ofthe appropriate committees and citizen participation structures,upon the request of the citizen participation officers,PHCD,or the County. 7.Foractivitiesinvolvingacquisition,rehabilitation and/or demolition of property and which require the relocation of families,individuals,businesses and/or industries, the Awardee shall submit awritten notification tothe Community Planning and Outreach Division of PHCDpriorto relocating,evacuating,and/or dispersing any and alllegal occupants whoresideatthis property onthe basis ofalongor short term lease.Whenthelegalityofan occupant (individual,family,business,and/or Page 11 industry)isin question,the Awardee shall contact the above mentioned unit prior to making a determination.Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and/or part58 and to the rules and regulations of the Uniform Relocation Assistance andRealProperty Acquisition Actof 1970,as amended.The Awardee shall adopt AffirmativeMarketing Procedures and requirements forCDBG assisted projects.These procedures must consist of actions toprovideinformationandattracteligible persons fromallracial,ethnic and gendergroupstotheavailable services.The Awardee shallannually assess its affirmative marketing program todetermineif the procedures used tocomply with the requirements specified in Public Law 88-352 andPublic Law 90-284 successfully meet these requirements.The Awardee shall submit toPHCDits Affirmative MarketingPlannolaterthan 60 daysfromthe date this Agreement is executed.. 8.ForHousing,Rehabilitation,and Construction activities all conditions inthis section will applythroughout the regulatoryperiodidentifiedinthenational objective.Throughout thatperiod,the Awardee willberequiredto submit an annual reportregardingtheircompliancewiththenationalobjective,andPHCD willhavetherighttomonitortheactivity. 9.The Awardee shallcomplywithallapplicableuniformadministrative requirements as described \n 24 CFR 570.502 10.ForSpecialEconomic Development projects,Awardee is reponsibie for understanding24CFR570.209,which describes HUD's underwriting and project anlaysis requirements.These requirements include,butarenot limited to,the analysis ofAwardee's financing gaporrateof return gap,project feasibility,andthereasonablenessof costs and Awardee's or owner's equity return.Awardee agrees todefertothe County's analysis of theActivityasconductedincompliancewiththe CDBG Regulations,including butnot limited to24 CFR 570.209,including Appendix A,aswellas OMB guidance on using federal funds.Awardeeunderstandsthatinthe event thatthe Activity fails theanalysis conducted pursuant to24CFR 570.209,Awardeeshallhavethe opportunity to renegotiate this Agreement by modifying the Activity toimprovetheActivitytotheCounty'ssatisfaction ortoterminatethisAgreementwitheachparty paying theirowncosts,feesand damages (as applicable). I.Conflictswith Applicable Laws Ifany provision ofthisAgreement conflicts with any applicable lawor regulation including butnot limitedto,24CFR570,onlythe conflicting provision shallbe deemed bythe parties heretotobe modifiedtobeconsistent with thelawor regulation ortobedeletedif modification is impossible. However,the obligations under this Agreement,as modified,shall continueand all other provisions ofthisAgreementshall remain in full force andeffect.TheCounty's determination onwhethera provisionconflictsshallbe final andbinding. J.Board of Directors If the Awardee isa Community Development Corporation (CDC),PHCD shall have the option to appointarepresentativetotheAwardee's board of directors.This representative shallnotbe considered inthe counting ofa quorum and shall haveno voting privileges. K.Construction If the Awardee engages in,procures,or makes loansforconstructionwork,theAwardeeshall: 1.Contactthe PHCD representativenotedinSection IV,Paragraph MofthisAgreement, prior totakingany action,toscheduleameetingtoreceivecompliance information. 2.ComplywiththeAwardee's procurement and pre-award requirementsandprocedures which,ata minimum,shall adhere toallapplicablefederal standards. Page 12 3.Complywiththe Davis-Bacon Act;Copeiand Anti-Kick BackAct (18 U.S.C.874 et seq.); Contract WorkHours and Safety Standards Act(40U.S.C,327 Et Seq.);and Lead-Based Paint Poisoning Prevention Act as amended on September 15,1999;and other related acts,as applicable. 4.Submit toPHCDfor written approval all proposed Solicitation Notices,invitations forBids, and Requests for Proposals prior to publication. 5.SubmittoPHCDall construction plans and specifications and receive PHCD's approval priorto implementation. 6.Contact the PHCD representative noted in Section IV,Paragraph M,priorto scheduling a pre-construction conference.In accordance withindustry standards,PHCDwillholdten percent (10%)of the total grant award as a retainer until the construction workis determined byPHCD,inits sole discretion,tobe seventy-five percent (75%)completed,At the time that the construction workis determined by PHCD to be seventy-five percent complete,the retainer willbe reduced to 5%untiltheworkis completed,Completion shall occur when a Certificate of Occupancy is issued. 7.The County shallhave the rightto assign Professional Staff and Technical Assistance from thePublicHousingandCommunityDevelopmenttoassisttheprojectifthe County's staff determines that the Awardee has been unable to consistently achieve the work and units described withinthe time frames of the action step format of this agreement.Such involvement may resultinareductionofamaximumof5%ofthe Agreement's awardto cover the cost of the technical assistance.The Awardee shall cooperate and comply with all requests made by such staff. 8.Execute and record,at the County's request,anyofthefollowing documents in order to ensure thePropertyis used asdefinedand described in Attachment Aofthis Agreement: a.Promissory Note b.Mortgage c.Loan Agreement d.Restrictive Covenant e.Rental Regulatory Agreement f.CollateralAssignmentof leases,rents and Contract Rights j g.UCC-1 Rider [ h.Title Insurance Policy j Audits and Records i i 1.Nonprofit organizations that expend $500,000 or more annually in federal awards shall j haveasingleorprogramspecificauditconductedin accordance with OMB A-133.• Nonprofit organizations expending federal awards of $500,000 or more under only one j federalprogrammayelecttohavea program-specific auditperformed,in accordance with [ OMB A-133.Awardees who will bereceiving,orwho have received,federal awards for ! loansorloan guaranteed programs mayberequiredto conduct audits ofthose programs in accordance withregulationsofthefederal agencies providing those guarantees orloans. 2.Nonprofitorganizationsthatexpendlessthan $500,000 annually in federal awards shall beexempt from anauditconductedin accordance with OMB A-133,althoughtheirrecords ', must be available for review (e.g.,inspections,evaluations).Such agencies that receive j less than $500,000 in combined Federal awards must submit to the County annual j compilationreportsthat describe their performance.To achieve uniformity regarding the i reporting format,suchdocumentsmustcomply with theaccounting industry standards by I communicating an independent accountant's (1)expression oflimited assurance on FINANCIAL STATEMENTS as aresultofperforminginquiry and analytic procedures (ReviewReport);(2)results of procedures performed(Agreed-Upon Procedures Report); (3)non-expressionofopinionoranyformof assurance onapresentationinthe form of financial statements information thatis the representation of management (Compilation : Report);or(4)anopiniononanassertionmadeby management in accordance withthe ; StatementsonStandardsfor Attestation Engagements (Attestation Report).; 3.When the requirements ofOMB A-133 apply,anauditshallbe conducted for each fiscal yearforwhichfederal awards attributabletothisAgreementhave been receivedbythe Awardee.Eachauditshallincludeafiscalreview,which includes avalidationofail ; Page 13 program generated income andits disposition,especially attributable toCDBGfunds,an internal control review,and a compliance review as described inOMB A-133.A copy of the audit report intriplicate must be received byPHCDno later than six months following the end of the Awardee's fiscalyear. 4.If an audit isrequired by ParagraphLofthis Agreement,but the requirements ofOMBA- 133do not applythe Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year oron the basis of the period during which PHCD-federal assistance has been received,in either case,each audit shall cover a time period of not more than twelve (12)months andanauditshallbe submitted covering each assisted perioduntilallthe assistance receivedfrom this Agreement has been reported on.Each auditshall adhere to all other audit standards of OMB A-133,as these may be limitedto cover only those services undertaken pursuant to the terms ofthis Agreement.Acopyof theauditreportintriplicatemustbereceivedbyPHCDnolaterthansix months following each audit period. 5.The Awardee shall maintain allContract Records in accordance with generally accepted accounting principles,procedures,and practices which shallsufficientlyandproperlyreflect all revenues and expenditures offundsprovideddirectlyorindirectlyby the County pursuant totheterms of thisAgreement. 6.The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services"outlinedin Attachment Ainthis Agreement,in accordance with24 CFR 570.506;570.503.. 7.The Awardee shall ensure thattheContract Records shallbeatalltimessubjecttoand availablefor full access andreview,inspection;orauditbyCountyandfederalpersonnel and any other personnel duly authorized by the County. 8.TheAwardee shall includein all PHCD approvedsubcontractsusedtoengage subcontractors tocarryoutanyeligible substantive programmatic services,as such services aredescribedinthisAgreementanddefinedbyPHCD,eachoftherecord-keeping andaudit requirements detailedinthis Agreement.PHCDshall,initssolediscretion, determine when services are eligible substantive programmaticservicesandsubjecttothe audit and record-keeping requirements described above. 9.TheCountyreservesthe right to require theAwardeetosubmittoanauditbyAuditand Management Services orotherauditorofthe County's choosing atthe Awarders expense. TheAwardeeshallprovideaccessto all ofitsrecords,whichrelate directly or indirectly to this Agreement atitsplaceofbusinessduringregular business hours.TheAwardeeshall retainallrecordspertainingtothis Agreement andupon request make them availabletothe Countyforfouryears following expiration ofthe Agreement.TheAwardeeagreesto providesuch assistance asmaybe necessary to facilitate therevieworauditbytheCounty to ensure compliance withapplicableaccountingandfinancial standards. 10.The Awardee shall ensure thatits auditors share their audit results with and must submit .theauditreportto PHCD within sixmonthsaftertheconclusionoftheaudit period. 11.PursuanttoCountyOrdinance No.03-2,theAwardee will grantaccesstotheCommission Auditor to all financial and performance related records,property,andequipment purchased inwholeorinpartwithgovernmentfunds.TheAwardeeagreestomaintainan accountingsystemthat provides accounting recordsthataresupportedwithadequate documentation,and adequate procedures for determining theallow ability and allocabiliry of costs. M.Protected Records and Documents Anypersonorentitythat performs orassists Miami-Dade County witha function or activity involving theuseordisclosureof "Individually Identifiable Health Information (IIHI)and/orProtectedHealth Information (PHI)shallcomplywiththe Health Insurance Portability and Accountability Act (HIPAA) of1996andthe Miami-Dade County Privacy StandardsAdministrative Order.HIPAA mandates privacy,securityandelectronictransfer standards including butnotlimitedto: 1.Use ofinformationonly for performing services requiredbythe Agreement oras requiredbylaw; Page 14 2.Use of appropriate safeguards to prevent non-permitted disclosures; 3.Reportingto Miami-Dade Countyofany non-permitted use or disclosure; 4.Assurances that any agents and subcontractors agree to the same restrictions and conditions that applytothe Contractor and reasonable assurances that IIHI/PHI will be held confidential; 5.Making Protected Health Information (PHI)available to the customer; 6.Making PHI available to the customer for review and amendment,and incorporating any amendments requested by the customer; 7.MakingPHI available to Miami-Dade County for an accounting of disclosures;and 8.Making internal practices,books and records related toPHI available toMiami- Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records,and/or electronic transfer of data).The Contractor mustgiveits customers written notice of itsprivacyinformation practices includingspecifically,a description ofthe types of uses and disclosures that would be made with protected health information. Retention of Records 1.The Awardee shall retain all Contract Records fora period ofat least seven (7)years followingthefinal Close-Out oftheActivity/Project (hereinafter referred to as "Retention Period")subject to the limitations set forthbelow.Thefinal Close-Out of the Activity/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 fully complied within Awardee's performance ofits obligations under this Agreement and has received confirmation from PHCD that theActivity/Project has been finally Closed-Out intheU.S.HUD IDIS system. Upon Awardee's request inwritingforconfirmationof said final Close-Out,PHCDshall provide Awardee in writing either confirmation offinal Close-Out oralistof documentation required in order to proceed toward final Close-Out. 2.If the County or the Awardee have received or given notice of any kind indicating any j threatened or pending litigation,claim or audit arising out of the services provided pursuant j tothetermsof this Agreement,the Retention Period shallbe extended until such time as j the threatened or pending litigation,claimorauditis,inthesoleand absolute discretionof \ PHCD,fully,completely and finally resolved.j j 3.The Awardee shall allow theCounty,federal personnel,orany person authorized bythe County full access to and therightto examine anyofthe Agreement records duringthe j required Retention Period.j 4.TheAwardeeshallnotifyPHCDin writing,both during thependencyofthisAgreementand i after itsexpiration as part of the final closeout procedure,ofthe address where all Agreement records will be retained. 5.The Awardee shall obtain writtenapprovalofPHCDpriortodisposingofany Agreement records withinone year afterexpirationoftheRetentionPeriod. O.Provisionof Records andProprietaryRightsandInformation 1.The Awardee shall provide toPHCD,upon request,all Agreement records.These records shall become the property ofPHCDwithoutrestriction,reservation,orlimitationoftheir use.PHCDshall have unlimited rightstoall books,articles,or other copyrightable materials developed for the purpose ofthis Agreement.These unlimitedrightsshallinclude the rights to royalty-fees;nonexclusive,and irrevocable license to reproduce,publish,or otherwise use,and to authorize others to use,the information forpublic purposes. 2.If the Awardee receives fundsfrom,oris under regulatorycontrolof,other governmental agencies,and those agencies issue monitoringreports,regulatory examinations,or other Page 15 similarreports,the Awardee shallprovidea copy of each report and any follow-up communications and reportstoPHCD immediately upon such issuance unless such disclosure isaviolationoftherulesorpoliciesof the regulatory agencies issuing the reports. Proprietary Information As apolitical subdivision of the State ofFlorida,Miami-Dade County is subject to the stipulations ofFlorida'sPublic Records Law. The Awardee acknowledges thatall computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietaryinformationfrom disclosure or unauthorized use and may also constitute or contain informationormaterialswhich the County has developed atitsown expense,the disclosure of which could harm the County's proprietary interest therein. Duringtheterm of the Agreement,the Awardee will not use directlyorindirectly for itself or for others,orpublishor disclose toanythirdparty,or remove from the County's property, any computer programs,datacompilations,or other softwarewhichthe County has developed,has used orisusing,isholding for use,orwhichare otherwise in the possession of the County (hereinafter"ComputerSoftware").Allthird-party license agreements must alsobehonoredbythe Awardees andtheir employees,except as authorized bythe County and,ifthe Computer Software has been leased or purchased by the County,allhiredpartylicense agreements must alsobe honored by the Awardees' employees with the approval of the lessor or Awardees thereof.This includes mainframe, minis,telecommunications,personal computers andanyandallinformation technology software. The Awardee will report tothe County anyinformation discovered or which is disclosed to the Awardee which may relateto the improper use,publication,disclosure or removal from the County's property of anyinformation technology software and hardware andwill take such steps asarewithinthe Awardee's authorityto prevent improper use,disclosure or removal. 3.ProprietaryRights a)The Awardee hereby acknowledges and agrees thattheCountyretainsallrights,title and interests in and toall materials,data,documentation and copies thereof furnished bytheCountytotheAwardeehereunderorfurnishedbytheAwardeetotheCounty and/or created bythe Awardee fordeliveryto the County,even if unfinished orin process,asaresultofthe Services the Awardee performsin connection with this Agreement,includingallcopyrightandotherproprietaryrightstherein,which the Awardeeaswellasitsemployees,agents,subcontractorsandsuppliersmayuseonly in connection of the performance of Services under this Agreement The Awardee shallnot,without the prior written consent ofthe County,use such documentation on anyotherprojectinwhichthe Awardee orits employees,agents,subcontractors or suppliers areor may become engaged.Submission ordistributionby the Awardee to meet official regulatoryrequirementsorforother purposes in connection with the performanceof Services underthis Agreement shallnotbeconstruedas publication in derogationoftheCounty'scopyrightsorother proprietary rights. b)Allrights,titleandinterestinandtocertaininventions,ideas,designsandmethods, specificationsandotherdocumentationrelatedthereto developed bytheAwardeeand its subcontractors specificallyfortheCounty,hereinafter refened toas "Developed Works"shall become thepropertyoftheCounty. c)Accordingly,neither the Awardee norits employees,agents,subcontractors or suppliersshall have any proprietary interestin such Developed Works.The Developed Worksmaynotbe utilized,reproducedordistributedbyoronbehalfoftheAwardee,or any employee,agent,subcontractororsupplierthereof,withoutthe prior written consent oftheCounty,exceptasrequiredforthe Awardee's performancehereunder. d)Except as otherwise providedin subsections a,b,and c above,or elsewhere herein, the Awardee andits subcontractors and suppliers hereunder shallretainallproprietary Page 16 rightsinandtoall Licensed Software provided hereunder,that have not been customized to satisfy the performance criteria set forthin the Scope of Services. Notwithstanding theforegoing,the Awardee hereby grants,and shall require thatits subcontractors and suppliers grant,if the County so desires,a perpetual,irrevocable and unrestricted right and license to use,duplicate,disclose and/or permit any other person(s)or entity(ies)to use all such Licensed Software and the associated specifications,technical data and other Documentation forthe operations ofthe County or entities controlling,controlled by,under common control with,or affiliated with the County,or organizations which may hereafter be formed by or become affiliatedwiththeCounty.Such license specifically includes,butisnotlimitedto,the rightofthe County to use and/or disclose,in whole orin part,the technical documentation and Licensed Software,including source code provided hereunder,to any person orentity outside the Countyfor such person's or entity's usein furnishing any and/or allofthe Deliverables provided hereunder exclusivelyforthe County or entities controlling,controlled by,under common control with,or affiliatedwith the County,or organizations which may hereafter be formed byor become affiliated with the County.Mo such License Software,specifications,data,documentation or related informationshallbe deemed tohave been given in confidence andany statement or legend tothe contrary shall be void and ofno effect P.Audits and Inspectors General Nothinginthis Agreement shallimpairany independent rightoftheCountytoconduct audit or investigate activities.The provisions ofthissectionare neither intended nor shall theybe construed to impose any liability on the CountybytheAwardeeorthird parties.The provisions inthis section shall applytothe Awardee,itsofficers,agents,employees,subcontractors,suppliers and Related or AffiliatedParties.The Awardee shallincorporatethe provisions inthis section inall subcontracts and allother Agreements executed bytheAwardeein connection with the performance of the Agreement. Miami-Dade County Inspectors General Review AccordingtoSection2-1076ofthe Code ofMiami-DadeCounty,as amended,Miami-Dade County has established theOfficeof the Inspector Generalwhichmay,onarandom basis,perform audits onallCounty contracts,throughout thedurationofsaid contracts,except as otherwise provided below.Thecostof the auditofany Contract shallbe one quarter (174)of one (1)percentof the total contract amount which cost shallbe included inthetotal proposed amount.The audit cost will be deducted bytheCountyfrom progress paymentstothe selected Awardee.Theauditcostshallalso be included inall change orders and all contract renewals and extensions. Exception:The above application of one quarter (1/4)of one percent fee assessment shall not apply to the following contracts:(a)IPSIG contracts;(b)contracts forlegal services;(c)contracts for financialadvisory services;(d)auditingcontracts;(e)facility rentals and tease agreements;(f) concessions and other rental agreements;(g)insurancecontracts;(h)revenue-generating contracts; (I)contracts whereanIPSIGis assigned atthetimethecontractisapprovedbytheCommission;(j) professionalservice agreements under $1,000;(k)management agreements;(t)small purchase orders as definedinMiami-Dade County Administrative Order 3-2;(m)federal,state and local government-fundedgrants;and(n)interlocal agreements.Notwithstanding theforegoing,the Miami-Dade_County Board of County Commissioners may authorize the inclusion of the fee assessment ofone quarter (1/4)ofonepercentinany exempted contractatthetimeofaward. Awardee consents tothe powers ofthe Inspector General.The Miami-Dade County Inspector General is authorized and empowered toreview past,present and proposed County contracts, transactions,accounts,records and programs.In addition,the Inspector General hasthe power to subpoena witnesses,administer oaths,requiretheproductionof records andmonitor existing projects and programs.Monitoring ofanexistingprojectorprogrammayincludeareport concerning whethertheprojectisontime,within budgetandincompliance with plans,specificationsand applicable law. Uponten(10)daysprior written noticetotheAwardeefromthe Inspector General orIPSIG retained by the InspectorGeneral,theAwardeeshallmakeall requested recordsand documents availableto the Inspector General or IPSIG for inspection andcopying.The Inspector General andIPSIG shall have therighttoinspectandcopyalldocumentsand records inthe Awardee's possession,custody or control which,in the Inspector General or IPSIG's sole judgment,pertain to performance of the Agreement,including,butnotlimitedtooriginal 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,tradeor 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 therightto retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"),whenever the County deems itappropriate to doso.Uponwrittennoticefrom the County, the Awardee shall make available to the IPSIG retained by the County,all requested records and documentation pertaining tothis 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 pricesandany changes theretoapprovedbytheCounty,beinclusiveofany charges relatingto these IPSIG services.The terms ofthisprovision herein,applytothe Awardee,its officers,agents,employees,subcontractors and assignees.Nothing contained inthis provision shall impairany independent rightof the Countyto conduct anauditor investigate the operations, activitiesand performance ofthe Awardee in connection withthis Agreement.The terms ofthis Articleshallnot impose any liability ontheCountybytheAwardeeor any thirdparty. Commission Auditor Access to Records Pursuant to Ordinance No.03-2,Awardee shallgrant access to the Commission Auditor toall financial andperformancerelatedrecords,property,andequipmentpurchasedinwholeorinpart with government funds,includingfundsawardedtp Awardee pursuanttothis Agreement. Q.Prior Approval TheAwardeeshallobtain written approval from PHCD prior to undertaking anyofthe following: 1.The engagement or execution ofanysubcontract(s)or Agreement assignments,wherein CDBG funds willbe used topayfor goods or services.The Awardee must submit all proposed agreement documents to PHCD atleastthirty(30)days prior tothestartdate of the agreement.PHCD shallhavenoobligationtoapprovepaymentofany expenditure (resulting fromanagreementor subcontract)whichwas incurred prior totheapprovalby PHCD of such agreement or subcontract. 2.Theadditionofanypositionsnot specifically listedintheapprovedbudget. 3.The modification or addition of ail jobdescriptions for existingstaff. 4.Thepurchaseof ail nonexpendable personal property not specifically listed intheapproved budget. 5.The disposition of all real,expendable personal,and nonexpendable personal property as definedinSection II,ParagraphW.1.ofthis Agreement. 6.Out-of-towntravelnotspecificallylistedintheapproved budget. 7.The disposition of Program Income not specifically listed intheapproved Program Income budget. 8.The publication ofproposed Solicitation Notices,Invitations forBidsand Requests for ProposalsasprovidedforinSection II,Paragraph KofthisAgreement. 9.Thedisposalof alt Agreement records as provided for inSection ll,Paragraph Nofthis Agreement. 10.In the event theAwardeewishestosubstitutepersonnelforthekeypersonnelidentified bythe Awardee's Proposal,theAwardee must notifytheCountyin writing and request written approval for thesubstitutionatleastten (10)business days prior toeffectingsuch substitution. R.Monitoring Page 18 The Awardee shallpermitPHCDand other persons duly authorized byPHCDto inspect all Agreement records,facilities,equipment,materials,and services ofthe Awardee which are inany way connected to the activities undertaken pursuant to the terms ofthis Agreement,and/or to interview any clients,employees,subcontractors,or assignees ofthe Awardee.Following such inspection or interviews,PHCD willdelivertothe Awardee a report ofits findings,and the Awardee willrectifyall deficiencies cited byPHCDwithin the specified period oftime set forthin the report,or provide PHCDwitha reasonable justificationfornot correcting the deficiencies.PHCD will determine,inits sole and absolute discretion,whether ornotthe Awardee's justification is acceptable orif the Awardee must,despite the justification,rectify the deficiencies citedby PHCD in its report. Conflict of Interest The Awardee agrees to abide bythe provisions of24 CFR 84.42 (24CFR Part 85.36 for Public Agencies)and24CFR 570.611 with respect toconflictsof interest,and covenants thatit presenily has nofinancial interest and shallnotacquireanyfinancial interest,directorindirect,whichwould conflictin any manner,or degree withthe performance of services requried under this Agreement. The Awardee further covenants thatinthe performance ofthis Agreement no person having such a financial interest shall be employed or retained bythe Awardee hereunder.These conflict of interest provisions applytoany person whoisan employee,agent,consultant,officer,or elected officialor appointed officialof the County,orofany designated public agencies or subrecipients which are receiving funds under theCDBG Entitlement program.The Awardee certifies and represents that no officer,director,employee,agent,orother consultant ofthe County ora member ofthe immediate family orhouseholdoftheaforesaidhas directly or indirectly receivedorbeenpromisedanyformof benefit,paymentor compensation,whethertangibleorintangible,inconnectionwiththe grant ofthis Agreement. The Awardee shallabide and begovernedbyMiami-DadeCounty Ordinance No.72-82(Conflictof InterestOrdinance),as amended,whichisincorporatedhereinby reference as if fully set forth,in connection withits Agreement obligations hereunder. The Awardee shall disclose anypossibleconflictsof interest or apparent improprietiesof any party thatare covered bythe above standards.TheAwardeeshall make such disclosure inwritingto PHCDimmediatelyuponthe Awardee's discoveryof such possible conflict.PHCD will then render anopinionwhich shall be binding onall parties. The Awardee shall submit toPHCD,withinfive business days of execution this Agreement,all updated Conflictof Interest affidavits,RelatedPartyDisclosure statements,listofcurrentBoard members,and listofall business associations with the following documents: >Original Agreement orits subsequent amendments. >Requests for budget revisions. >Requests for approval of subcontracts. Non-compliancewiththe above requirements will be considered abreachofAgreement,which will result in the immediate termination ofthe agreement,the recoveryoftheentirefundingaward,and thedisqualificationoffunding through PHCDforaperiodof three years.! a)Awardee certifiesand represents thatthereareno undisclosed persons orentities [ interested with the Awardee in this Agreement.This Agreement is entered into by the j Awardee withoutanyconnectionwithany other entityor person makinga proposal for j thesame purpose,and without collusion,fraud or conflict of interest.No elected or \ appointed officer or official,director,employee,agent or other consultant ofthe County,I or of the State of Florida (including elected and appointed members of the legislative j and executive branchesof government),oramemberofthe immediate family or \ household ofanyofthe aforesaid:j i)is interested onbehalfoforthroughthe Awardee directlyorindirectlyinany manner f whatsoever in the execution or the performance of this Agreement,or in the services,| supplies orwork,to which this Agreement relates orin any portionof the revenues;or \ Page 19 ii)isan employee,agent,advisor,or consultant to the Awardee orto the best of the Awardee's knowledge any subcontractor or supplier to the Awardee. b)Neither the Awardee noranyofficer,director,employee,agency,parent,subsidiary,or affiliate of the Awardee shall have an interest which isin conflict with the Awardee's faithful performance ofits obligation underthis Agreement:providedthattheCounty,in its sole discretion,may consent inwritingto such a relationship,provided the Awardee provides the County withawritten notice,in advance,which identifies ail the individuals and entities involved and sets forthindetailthe nature of the relationship and whyitisin the County's best interest to consent to such relationship. c)Theprovisionsofthis Article are supplemental to,notinlieuof,allapplicablelawswith respect to conflict of interest.In the event there isa difference between the standards applicable under this Agreement and those provided by statute,the stricter standard shall apply. d)In the event Awardee has noprior knowledge ofaconflictof interest as set forth above andacquires information which mayindicatethattheremaybeanactualorapparent violation ofanyoftheabove,Awardeeshallpromptlybringsuchinformationtothe attentionofthe County's ProjectManager.Awardeeshallthereafter cooperate withthe County'sreview and investigation ofsuch information,and comply withtheinstructions Awardee receives fromtheProject Manager inregardtoremedyingthesituation. T.Intentionally LeftBlank U.Publicity,Advertisementsand Signage The Parties agree thatthe Awardee isfundedbytheCountyforCDBG Activities.Further,the Awardee agrees thatall events fundedbythis Agreement shall recognize theCountyandtheUnited States DepartmentofHousing and Urban Development(US HUD),as funding sources andthatthe Awardeeshallensurethatall publicity,public relations,advertisementsandsignsrecognizethe County and USHUDforthe support ofall contracted activities.This istoinclude,butisnotlimited to,allpostedsigns,pamphlets,wallplaques,cornerstones,dedications,notices,flyers,brochures, newsreleases,media packages,promotions,and stationery.Theuseofthe official County logo is permissible.TheAwardeeshall ensure thatallmedia representatives,wheninquiring about the activitiesfundedbythisAgreement,are informed thattheCountyandUS HUD arethe funding sources.TheAwardeeshall notify the County ofalleventsandactivities involving theProjectten (10)days priortotheactivityorevent. WhentheAwardeeobtain(s)the building permit(s),the CHMD ProjectManageratthe Department, mustbe notified inordertorequestthe project sign from Miami-Dade County Internal Services j Department (ISD).Within thirty (30)days of the erection ofthe sign,the CHMD Project Manager will \ submit an invoice to the Awardee for payment of the project sign cost.The Awardee is responsible j forallcostsfor replacing anyamended,lost,defacedormissingsign.Thesignshallremainonthe I premises at least ninety (90)days after the issuance ofthe Certificate of Occupancy (CO)or j Certificate of Completion (CC).j NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE.THE ' SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F.Payment for furnishing,installing and maintaining thesignshallbeunderthebidamountfor mobilization. V.Procurement i i The Awardee must take affirmative steps to procure supplies,equipment,construction,or services j to fulfill this Agreement from minority and women's businesses,andto provide these sources the | maximumfeasibleopportunitytocompetefor subcontracts tobeprocuredpursuanttothis I Agreement.Tothe maximum extent feasible,these businesses shall be located in or owned by j residentsofthe Community Development areas designatedbyPHCDintheCDBGapplication ', approvedbythesupervisingfederalagency. Page 20 The Awardee shall assure that al!subcontracts or third party agreements contain provisions with stated goals,that low-income residents from Community Development Target and Service Areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3of the Housing and Community Development Actof 1968,the Awardee must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities begiventolow and verylow-income persons,particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: 1.Theworkto be performedunderthis Agreement is subject tothe requirements of Section 3 ofthe Housing andUrban Development Actof 1968,as amended,12U.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 forhousing. 2.The parties tothis Agreement agreetocomplywithHUD'sregulationsin24CFRpart135, which implement Section 3.As evidenced by their execution ofthis Agreement,the parties tothis Agreement certifythattheyareundernocontractualorotherimpediment that would prevent themfromcomplyingwiththepart 135 regulations. 3.The Awardee agrees tosendtoeachlabor organization or representative of workers with which the Awardee has acollective bargaining agreement or other understanding,ifany,a noticeadvisingthelabororganizationor workers'representativeofthe Awardee's commitments under this Section 3 clause,and will post copies of the notice in conspicuous placesattheworksitewherebothemployeesandapplicantsfor training andemployment positionscan see thenotice.ThenoticeshalldescribetheSection3preference,shallset forthminimumnumberandjobtitlessubjecttohire,availability of apprenticeship and trainingpositions,the qualifications foreach;andthenameandlocationoftheperson(s) taking applications for each ofthepositions;and the anticipated datethework shall begin. 4.TheAwardee agrees toincludethisSection3 clause inevery subcontract subject to compliancewithregulationsin24CFRpart135,and agrees totakeappropriateaction,as providedinanapplicable provision ofthesubcontractorinthisSection3clause,upona finding thatthesubcontractorisin violation oftheregulationsin24CFRpart 135.The Awardee willnot subcontract withany subcontractor where the Awardee has notice or knowledgethatthesubcontractorhasbeenfoundinviolationoftheregulationsin24CFR part 135. 5.The Awardee will certifythatany vacant employment positions,includingtraining positions, that are filled(1)aftertheAwardeeis selected but before the Agreement is executed,and (2)with persons otherthanthosetowhomtheregulationsof24CFRpart135require employment opportunitiestobedirected,werenot filled tocircumventthe Awardee's obligations under 24 CFR part 135. 6.Noncompliance withHUD'sregulationsin24CFRpart135mayresultin sanctions, termination ofthis Agreement fordefault,and debarment or suspension fromfutureHUD assisted contracts. 7.With respect toworkperformedinconnection with Section3coveredIndianhousing assistance,section7(b)ofthe Indian Self-DeterminationandEducation Assistance Act(25 U.S.C.450e)alsoappliestothe work tobeperformedunderthisAgreement.Section7(b) requiresthattothegreatestextentfeasible(i)preferenceand opportunities for training and employmentshallbegivento Indians,and (ii)preferenceintheawardofcontractsand subcontracts shallbegiventoIndian organizations and Indian-owned Economic Enterprises.PartiestothisAgreementthat are subjecttothe provisions ofSection3and section7(b)agree tocomply with Section3tothemaximumextentfeasible,butnotin derogation of compliance withsection7(b). 8.Fair Subcontracting Policies (Ordinance 97-35) All Awardees onCounty contracts inwhich subcontractors may beusedshallbe subject to andcomplywith Ordinance 97-35as amended,requiring Awardees toprovidea detailed statement oftheirpoliciesand procedures for awarding subcontracts which: Page 21 a)notifies the broadest number oflocal subcontractors of the opportunity tobe awarded a subcontract; b)inviteslocal subcontractors to submit bids/proposals inapractical,expedient way; c)provides local subcontractors access toinformation necessary to prepare and formulate a subcontracting bid/proposal; d)allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements;and e)awards subcontracts based onfulland complete consideration ofall submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking tocontractwiththe County shall,asaconditionofaward,providea statement oftheir subcontracting policiesandprocedures (see Attachment G).TheCounty will not execute this Agreement with Awardees who failto provide a statement of the Subcontractors Policies and Procedures. TheCounty reserves the right toeitherapproveorwithdrawits consent toasubcontractifitappears totheCounty,initsdiscretionand authority,thatthesubcontract will delay,prevent,orotherwise impairtheperformanceoftheAwardee'sobligationsunderthisAgreement. W.Property 1.Definitions a.Property.As definedon page 2 herein. b.Real Property:Land,landimprovements,structures,fixtures and appurtenances thereto,excluding movable machinery and equipment. c.Personal Property:Personalpropertyofanykindexceptrealproperty. 1)Tangible:Alt personalpropertyhavingphysical existence. 2)Intangible:Allpersonalpropertyhavingnophysical existence suchaspatents,inventions,andcopyrights. d.NonexpendablePersonal Property:Tangible personal propertyofa nonconsumable nature,witha value of $750 ormoreperitem,withanormal expectedlifeofoneormoreyears,notfixedinplace,andnotan integral partofa structure,facility oranotherpieceof equipment. e.ExpendablePersonal Property:All tangible personal propertyotherthan nonexpendable property. 2.TheAwardeeshallcomplywiththe real propertyrequirementsasstatedbelow: a.Any real property under the Awardee's control thatwas acquired or improved by AwardeeorPHCDinwholeorinpartwithCDBGfundsreceivedfrom PHCD in excess of $25,000 shall be either: 1)Usedtomeetoneofthethree (3)CDBG national objectives until five (5) yearsaftertheexpirationorterminationofthis Agreement,orfor such longerperiodoftimeasdeterminedby PHCD initssoleand absolute discretion;or 2)Notusedtomeetoneofthethree (3)CDBG National Objectives.Inthe event thepropertyis not used to meet oneofthenational objectives for five(5)years following theexpirationorterminationofthis Agreement or such longerperiodas determined byPHCD,the Awardee shall,Inthe sole discretionofPHCD,eitherpaytoPHCDan amount equaltothe marketvalueofthepropertyasmaybedeterminedby PHCD initssole andabsolutediscretion;lessanyproportionateportionofthe value attributableto expenditures ofnon-CDBGfundsforacquisitionof,or improvementto,thepropertyortransferthepropertytoPHCDatnocost toPHCD.Reimbursement isnotrequiredaftertheperiodoftime specified inParagraph W.2.a.1_,above. Page 22 b.Anyreal property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from PHCD for $25,000 or less shall be disposed of,atthe expiration or termination ofthis Agreement,in accordance with instructions from PHCD. c.All real property purchased orimprovedinwholeorinpartwithfundsfromthis and previous Agreements withPHCD,or transferred tothe Awardee after being purchased inwholeorinpartwithfundsfromPHCD,shallbelistedinthe property records ofthe Awardee andshall include alegal 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 ofthe property;and map indicating whether property is in parcels,lots,orblocks and showing adjacent streets and roads.The property records shall describe the programmatic purpose for which the properly was acquired and identifytheCDBGnationalobjectivethat will be met.If the property was improved,the records shall describe the programmatic purpose forwhichthe improvements were made andidentify the CDBGnational objective that willbe met. d.For awards involving the purchase or improvement ofrealproperty,the Awardee agrees to execute a mortgage,loan document,or restrictive covenant for the CDBG award withPHCDwithin 180 days after the execution ofthis agreement. Failuretocomplywiththisrequirementmayresultinthe retraction oftheCDBG award for the project and termination of this agreement. e.All real property shallbe inventoried annually bythe Awardee and an inventory reportshallbesubmittedtoPHCD.Thisreportshallinclude the elements listedin Paragraph W.2.C.,above. Nothinginthis section shallbe construed to limit the County'srighttocollectfrom Awardee the entire amount ofCDBG funds awarded pursuant tothis Agreement inthe event Awardee failsto meet a national objective. Inventory-Capital Equipment and Real Property All capital items acquired for the project bythe Awardee with funds allocated inthis Agreement shallbe assets oftheAwardee and maybe secured bya mortgage deliveredto theCounty.A capital itemshallbedefined as anitemthat:(1)hasa service lifein excess ofoneyear;(2)is either completewithinItselforisamajor component of another itemof property;(3)bydefinitioncannotbe described either as suppliesor materials;(4)will notbe consumed or lose itsidentity;and (5)has aunit cost of $500 or more.Awardee shall notify the County immediately upon acquiring any capital itemswith funds allocated inthis Agreement The County shallallow the Awardee toretain possession of capital equipment after expirationofthis Agreement as longasthe Awardee continues to provide the service described inthe Scope of Services (Attachment A).If the Awardee disbands,becomes defunct or in any way ceases toexistorifthe Awardee ceases to provide the service described in the Scope of Services or another service ofvalue,Awardee shallnotify the County immediately andprovideinstructions describing how the Countymay take possession ofthe capital equipment.Awardee shall deliver tothe County all documents of titleor ownership and shall transfer or assign such ownership rights tothe County. Foreclosure of the County mortgage or enforcement of other documents shallnotbe requiredin order for the Countytoclaimandtake possession ofcapital equipment. The Awardee shall complywith the nonexpendable personal property requirements as stated below: a.All nonexpendable personal property purchased orimprovedinwholeorin part with funds fromthis and previous Agreements withPHCD shall be Fisted in the property records ofthe Awardee and shall include a description ofthe property; location;modelnumber;manufacturer's serial number;dateofacquisition;funding source;unit cost at the timeof acquisition;present market value;property inventory number;information onits condition;and information on transfer, replacement,or disposition ofthe property. Page 23 b.All nonexpendable personalproperty purchased or improved in whole orinpart with funds fromthisand previous Agreements with PHCD shall be inventoried annually by the Awardee andan inventory reportshallbe submitted toPHCD.The inventory reportshallincludethe elements listedinParagraph W.3.3.,above. c.Title (ownership)toall nonexpendable personal property purchased in whole orin partwith funds given tothe Awardee pursuant to the terms of this Agreement shall vest intheCountyand PHCD. The Awardee shall obtain priorwritten approval from PHCD for the disposition of real property,expendable personal property,and nonexpendable personalproperty purchased or improved in whole orinpartwith funds given to the Awardee or subcontractor pursuant tothetermsofthisAgreement.TheAwardeeshall dispose ofall such propertyin accordance with instructions fromPHCD.Those instructions mayrequire the return of all such propertytoPHCD. X.Program Income 1.ProgramIncomeasdefinedin24CFRPart 570.500 (a)means grossincome received by theAwardeedirectlygenerated from activitiessupportedbyCDBGfunds.When Program Income is-generated byanactivitythatisonlypartially assisted withCDBG funds,the income shall be proratedtoreflectthe percentage of CDBGfunds used. 2.The Awardee shallnot,underany circumstances,use Programincometopayfor charges or expenses thatarespecificallynotallowed pursuant to the terms ofthis Agreement and applicablefederalregulationsorrules,oranyCountyrulesorordinance. a.The Awardee shallcomplywiththeProgram Income provisionsin PHCD's Policies and Procedures Manual,if any ProgramIncome provisions of the Policies and Procedures Manualconflictwith any Program Income provisions of this Agreement,the provisions of this Agreement shall rule. b._The Awardee shallreportto PHCD allcumulativeProgramIncome generated from activitiesfinancedinwholeorinpartbyfundsfromthisAgreement,foraslongas itreceivesand/orhas control overProgramincomegeneratedfromthisandany previous Agreements withPHCD.The Awarded must submit the information for the generated Program Income to PHCD quarterly as part of the Fiscal Section of the Awardee's Progress Report as outlined in Section ll.Paragraph F.2.a. The County may expressly permit Awardee to use Program Income intheScope ! of Services.If such permission isnot expressly set forth intheScopeof Services.j then Awardee must reguest permission from the County to use Program Income for eligible activities.The County may in its sole discretion grant such permission.j but such permission may reguire the approval of the Board of County j Commissioners.I i c.If the Awardee requests to use Program Income,theAwardeeshallprovideto j PHCD a written explanation ofthe activities tobeassisted with Program Income j and shall obtain PHCD's written approval prior to implementing those activities.j All provisions of this Agreement shall apply toany activity performed using | Program Income.I d.Should AwardeebegrantedpermissiontouseProgramIncome,Awardee's use of ProgramIncomeshallbesubjecttothelimitations set forth inthis Agreement and as set forth intheCDBG regulations,24CFRPart570.504(c)et.seq.Awardee I acknowledges thatthe CDBG RegulationsrequirethatAwardee spend Program j Income before furtherCDBGfundsaredrawn down.Therefore,in the event that the County permits Awardee to use Program Income,Awardee agrees that Awardee shall expend theProgramIncomefunds prior to seeking payment of CDBGfundsfromtheCounty.Twentypercent(20%)oftheProgramIncome Awardee makes,retainsorreceivesshallbepaidtotheCountyonaquarterly basis andreportedin Awardee's quarterly Progress Report.At the conclusion of the contract period orupon termination of this Contract,Awardee shall immediately pay/returnallContractfundsandProgram Income to the County. Page 24 e.Should Awardee be granted permissionto use ProgramIncomefromarevolving loanactivity,Program Income must be used onlyforthe same revolving loan activity. f.Should Awardee be granted permission touse Program Income,Program Income fromarevolvingloanactivity,such as loan repayments,interest earned,latefees, and investment income,shallbe substantially disbursed toeligible loans,loan- related programmatic costs,andoperational costs forthe same revolvingloan activity before the Awardee may request additionalCDBG funds for that activity. g.ShouldAwardeebegrantedpermissionto use Program Income,allProgram Incomefrom activities otherthanarevolvingloanactivityshallbe substantially disbursedtocarryoutotherPHCD-approvedCDBGeligible activities,andto cover operational costs before requesting additionalCDBGfunds. h.Any proceeds fromthesaleofpropertyasdetailedinSection II,Paragraph W.4., above,shall be considered Program Income. i.The Awardee shall obtain,aspartofthe required audit report,validation bya certified auditor of allProgram Income andits disposition. 3.Upon expiration or termination ofthis Agreement oratthe end ofany program year,the Awardee shall transfer to the County any Program Income funds on hand,and any Program Income accounts receivable to any CDBG funded activities.PHCD may require remittance ofallorpartofany Program Income balances (including investments thereof). 4.PHCD,initssole and absolute discretion,reserves the rightto pursue other courses of action in the retention and use of Program Income generated by the Awardee,and such action shall not require an amendment tothis Agreement. Y.Travel The Awardee shall complywith the County's travel policies.Documentation oftravel expenses shall conform to the requirements of PHCD's Policies and Procedures Manual. Subcontracts and Assignments 1.Unless otherwise specified inthis Agreement,the Awardee shallnot subcontract any portionoftheworkwithoutthepriorwritten consent oftheCounty.Subcontracting without the prior consent oftheCountymayresultinterminationofthe Agreement forbreach. When Subcontracting isallowed,the Awardee shallcomplywith County Resolution No. 1634-93,Section 10-34 oftheCounty Code and Section2-88ofthe County Code. The Awardee shall ensure thatall subcontracts and assignments: a.Ensurethatnocontractor,subcontractor or assignee islistedontheU.S.HUD's debarred,suspended,orineligible contractors list;Awardee shall use,ata minimum,USHUD'sExcluded Parties List System toconfirm clearance of contractors.The system may be accessed at https://www.sam.gov/Awardee shallprovide to PHCDacopyofthesite page that indicates the name andthe date it was checked.Awardee shall further ensure that no contractor, subcontractor,or assignee islistedonMiami-Dade County's debarred Contractor's List;Awardee shall,at a minimum,check at http://www>miamidade.qov/business/small~business.asp to determine ifa person or entity ison Miami-Dade County's debarred contractor's list.Awardee shallprovidePHCDwithaprintoutcopyofthesite page that indicates the name and the date it was checked. b.ComplywithallCDBGrequirements,asapplicable,as wellastheregulations specified in PHCD's Policies and Procedures Manual. c.Identify the full,correct,andlegalnameoftheparty. d.Describe the activities tobe performed. Page 25 e.Presenta complete andaccuratebreakdownofitspricecomponent. f.Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreementandwithany conditions of approval that theCountyor PHCD deem necessary. This applies only to subcontracts andassignmentsin which parties areengaged to carry outany eligible substantive programmatic service,asmaybedefinedby PHCD,set forthinthis Agreement PHCDshallinitssolediscretion determine whenservicesare eligible substantive programmatic servicesandsubjecttothe auditand record-keeping requirements described above,and; Result fromanopencompetitivebidprocess generating aminimumof three bids. Such competitiveprocessshallbedescribedin writing,approvedbytheBoardof Directorsandacopyofwhich submitted toPHCD.In such circumstances that open,competitive bidsarenot feasible or that a minimum of three bids are unobtainable,permission touseothermethodsof award mustberequestedin writingand approved byPHCDpriortothe assignment orawardof subcontract. The Awardee agrees thatno assignment or sub-contract wiltbe made orletin connectionwiththeAgreementwithoutthe prior written approval ofPHCD,which approval shallnotbe unreasonably withheld,and that all such sub-contractors or assignees shallbegovernedbythetermsandintentofthis Agreement. g.Incorporate thelanguageof Attachment E,"Certification Regarding Lobbying." h.Include language statingthattheSubcontractor understands and agrees thatthe County isnotapartytothe subcontract and hasnoobligationtothe subcontractor. i.The Awardee shallmaintain,and shall require that its subcontractors and suppliers maintain,completeandaccuraterecordstosubstantiatecompliance withthe requirements set forthinthe Scope of Services.The Awardee and its subcontractors andsuppliers,shallretain such records,and all other documents relevantto the Services furnishedunderthis Agreement foraperiod of three(3) years from the expirationdateofthis Agreement and any extension thereof. 2.The Awardee shall incorporate in all consultant subcontracts thisadditionalprovision: The Awardee isnotresponsible for any insurance orotherfringebenefits,e.g.,social security,income taxwithholdings,retirementorleave benefits,for theConsultantor employees oftheConsultantnormallyavailabletodirect employees oftheAwardee.The Consultant assumes fullresponsibilityfortheprovision of all insurance andfringe benefits for himself or herself and employees retained by the Consultant incarryingout the Scope of Services providedinthissubcontract. 3.The Awardee shallberesponsibleformonitoringthecontractualperformanceof all subcontractsandtheirprogress toward meetingtheapprovedgoalsandobjectives indicated \n the attached Scope of Services.Regardless ofanyapprovalsbyPHCDof subcontracts or subcontractors,the Awardee shall bear allrisks associated with subcontracting performance oftheActivitiestoa subcontractor. 4.The Awardee shallreceivefrom PHCD writtenpriorapprovalforanysubcontractengaging anyparty who agrees tocarryoutany substantive programmatic activitiesas may be determined byPHCD as describedinthis Agreement.PHCD'sapprovalshallbeobtained priortothe release ofanyfundstothesubcontractor. 5.The Awardee shall receive written approval from PHCD priorto either assigning or transferring any obligationsorresponsibility set forth inthis Agreement ortherightto receive benefits or payments resultingfromthis Agreement. 6.ApprovalbyPHCDofanysubcontractor assignment shallnotunderany circumstance be deemed toprovidefor the incurrenceofanyobligationbyPHCDin excess ofthetotaldollar amount agreed upon inthis Agreement. Page 26 7.If the subcontract involves $100,000 ormoreto provide services listedinthe Scope of Services or suppliers to supply the materials,the Awardee shall provide the names of the subcontractors and suppliers to PHCD (Attachment H). 8.The Awardee agrees that itwillnot change or substitute subcontractors or suppliers from the list (Attachment H)withoutpriorwritten approval fromPHCD. 9.The Awardee shall nothire any ofthe Awardee's staff members or employees as subcontractors. AA.Additional Funding The Awardee shallnotifyPHCDofanyadditionalfunding received foranyactivity described inthis Agreement.Such notification shall beinwritingand received byPHCDwithinthirty(30)days of the Awardee's notificationbythefunding source. BB.Method of Payment The Awardee shallbepaid as described below: 1.The Awardee shall be paidfor those expenses allowed pursuant to the provisions provided below only when the Awardee submits to PHCD adequate proof,as determined by PHCD inits sole and absolute discretion,that the Awardee has incurred the expenditures.It shall be presumed that the Awardee has provided adequate proofofhaving incurred expenses if the Awardee submits toPHCD canceled checks or original invoices approved by the Awardee's authorized representative which show performance ofthe Activities described in Attachment A and conformance withthetaws,rules and regulations set forthin this Agreement.When original documents cannot be presented,the Awardee must adequately justifytheir absence in writing andfurnish copies of those documents toPHCD.The Awardeeshallbepaidonlyfor those expenditures contained within Attachment B, "Budget,"tothis Agreement as itmaybe revised,withthepriorwritten approval byPHCD. 2.Requests for payment (reimbursement)shallbe assembled by calendar month and submitted toPHCDno less frequently thanmonthly.Expenditures incurred bythe Awardee must be submitted toPHCD,alongwithailoriginal invoices,copies offront and back of cancelled checkspaid toail subcontractorsand suppliers,all release ofliensfrom ait! subcontractorsand suppliers,and allfinal approved permits,for payment within30 days after the month in which the expenditures were incurred.Failureto comply will result in rejectionofinvoices.Inno event shalltheCountybeobligatedtopayanyinvoicesfor expenses which were incurred more than 60 days priortothe date the request for payment is submitted to PHCD. 3.Inno event shall the County provide advance CDBG funding to the Awardee orto any subcontractor hereunder,norshallthe Awardee advance CDBGfundsto any party. 4.Any payment due under the terms ofthis Agreement maybewithheld pending the receipt and approval by PHCD ofall reports and documents which the Awardee is required to submittoPHCD pursuant tothe terms ofthis Agreement orany amendments thereto. 5.All payments will belimitedtothequarterlypayment schedule that accompanies theaction step chartinthe scope of services.Payment is contingent on the achievement by the Awardee ofthe quarterly accomplishment levelsidentifiedinthe scope of services portion ofthis agreement ~Attachment A,whichshall be submitted withall payment requests and shallclearlyidentifythe completed levelof accomplishments met.Thisshall also apply tosoft costs associated withprojectdelivery. 6.No payment(s)will be made without evidence of appropriate insurance requiredbythis Agreement.Such evidence mustbeonfilewithPHCD and the County's Internal Services Department.PHCD must receive the final request for payment from the Awardee nomore than thirty(30)calendar days after the expiration or termination ofthis Agreement.If the Awardee failsto comply withthis requirement,the Awardee willforfeitallrightsto payment(s)ifPHCD,initssolediscretion,so chooses. 7.All monies paidto the Awardee which have not been used toretire outstanding obligations ofthis Agreement must be refunded toPHCDin accordance with PHCD's Policies and Procedures Manual, Page 27 8.Any unexpended funds remaining after the completion of the services under this Agreement,orafter termination ofthis Agreement,shallbe recaptured in full by the County. 9.In the event the County determines thatthe Awardee has breached the terms of this agreement and that the County is entitled toreturn of any orall of the funds awarded under this Agreement,Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County,its agencies or instrumentalities and the Awardee or any firm,corporation,partnershiporjointventureinwhichthe Awardee hasacontrolling financialinterestinorderto secure repaymentofthisaward."Controllingfinancialinterest" shallmeanownership,directlyor indirectly toten percent or more oftheoutstandingcapital stock inanycorporationoradirectorindirectinterestoftenpercentormoreina firm, partnership or other business entity. CC.Reversion of Assets The Awardee shallreturntoPHCD,uponthe expiration orterminationofthis Agreement,all assets owned orheldbyAwardeeasaresultofthisAgreement,including,butnotlimitedtoanyCDBG fundsonhand,anyaccountsreceivable,any overpayments duetounearnedfundsor costs disallowedpursuanttothetermsofthisAgreementthatweredisbursedtotheAwardeebythe County,otherthanreasonableoperatinganddeficit reserves established byAwardeeandwhichare connected withthereal property.Inthecaseof activities involvingreal property,suchreservesshall notbedistributedtoanypartnerorsubcontractor prior to repayment toPHCDoftheCDBGLoan. The Awardee shallattherequestoftheCountyexecuteanyandall documents,including butnot limitedto,mortgages securingtheproperty,UCC financing statements,andrestrictive covenants,as required by the County to effectuate thereversionof assets. DD.Restriction on the Use of Funds The fundsreceivedpursuantthisAgreementshallbe used forthe purposes set forth hereinand shallnotbeusedtosupplantother funds.In no event shallfundsreceivedpursuanttothis Agreement be used for: 1.Adverse Actions or Proceedings.The Awardee shall not utilize "County funds to retain legal counselforanyactionor proceeding againsttheCountyoranyofitsagents, instrumentalities,employeesor officials.TheAwardee shall not utilize Countyfundsto provide legal representation,adviceorcounseltoany client inany action or proceeding againsttheCountyoranyofitsagents,instrumentalities,employeesor officials. 2.ReligiousPurposes.Countyfundsshallnotbe used forreligiouspurposes. 3.Commingling Funds.The Awardee shall'notcomminglefunds provided underthis Agreement with fundsreceived 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 totheterms and conditions contained within thisAgreementinanamountnottoexceedthe appropriated amountasstatedonpage1ofthis contract. IV.THE AWARDEE AND PHCD AGREE: A.Effective Date 1.This Agreement shallbeginontheeffectivestartdateasstatedonpage1ofthis contract. Anycosts incurred bytheAwardee prior tothisdate will notbereimbursedbytheCounty. 2.ThisAgreement shall expireontheenddateasstatedonpage1ofthis contract.Any costs incurred bythe Awardee beyondthisdatewillnotbereimbursedbytheCounty.The termofthis agreement andtheprovisionshereinmaybe extended bytheCountytocover any addrtonat timeperiodduringwhichthe Awardee remainsincontrolofthe CDBG funds orother assests,including Program Income tosupportCDBG eligible activites.Any Page 28 extension made pursuant tothisparagraphshallbe accomplished byawritingby the County to the Awardee.Such notice shall automatically become apartofthis Agreement. 3.This Agreement may,at the sole and absolute discretion of the County and PHCD,remain in effect during any periodthat the Awardee has control over Agreement funds,including Program Income.However,the County shall have no obligation or responsibility to make any payment,except those described within Section II,Paragraph Y,or provide any type of assistance or support to the Awardee ifthis Agreement has expired or been terminated. 4.Management Evaluation and Performance Review The Department may conduct aformal management evaluation and performance review of the Awardee,ifin the Department's sole discretion itis deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices.The performance review should reflect the qualityof service provided and the value received using monitoring data, such as progress reports,site visits,and client surveys. Default or Breach 1.The Awardee shall beindefaultor breach ofthis Agreement ifanyof the following acts, omissions or conditions occur: a.The Awardee failsto fulfill each and every provision ofthis Agreement and the Attachments and failsto provide the services outlined in the Scope of Services (Attachment A)withintheeffectivetermofthis Agreement,includingbutnot limitedtofailureto meet theNationalObjective,as determined bytheCountyand U.S.HUD. b.Awardee failsto disclose all Related orAffiliated Parties and all matters required to be disclosed as to Related orAffiliated Parties tothe County as requried herein. c.Filingofalis pendens,foreclosure action,or other legalaction against the Property,anypropertyofAwardeeor Related or Affiliated Party,or against Awardee or Related or Affiliated PartywhichtheCounty determines,inits sole discretion,threatens the Property or the abilityof Awardee to fulfill the provisions of this Agreement and the services outlined inthe Scope of Services. d.Any arrearage,default,or late payment on any loan,Note or other debt or obligation forwhichthePropertyis security or regarding any property of Awardee or Related orAffiliatedParty,including properties not related tothis Agreement. e.Any legal encumbrance onthe Property not permitted inwritingbythe County. f.Any anticipated orpendingbankruptcy,restructuring,dissolution,reorganization, appointment ofa trustee orreceiver. g.Any action,activity,facts,or circumstances thattheCounty determines inits sole discretionwouldmateriallyimpair performance byAwardeeofalltheterms and conditions ofthis Agreement. h.Awardee failstoreporttotheCountywithinten(10)days any bankruptcy, reorganziation,dissolution,liquidation,appointment ofa trustee orreceiver,lis pendens,foreclosure actionorlegal encumberance related tothe Awardee, Related or Affiliated Partyorthe Property,oranyaction,activity,facts,or circumstances that wouldmaterially impair performance by Awardee ofall the terms and coditionsofthis Agreement. i.Failure to comply strictlywith Section W(2)(a)(1)-(2)ofthis Agreement. j.Failureto meet the fifty percent (50%)or seventy percent (70%)Benchmarks,as set forthinthisAgreement,ortosubmit documentation (via Progress Reports and applicable supporting documentation)sufficient to show Awardee has met said Benchmarks. Page 29 Suspension 1.The County may suspend payment in whole or inpart under this Contract by providing written notice to the Awardee of such suspension and specifying the effective date thereof, at least ten(10)days before the effective date of suspension.If payments are suspended, the County shall specify inwritingthe actions that must be taken bythe Awardee as conditions precedent to resumption of payments and shall specifya reasonable date for compliance.The County may also suspend any payments inwhole or in part under any other Agreements entered into between the County and the Awardee.The Awardee shall be responsible foritsowndirect and indirect costs associated with such suspension, including attorney's fees.Reasonable cause shall be determined byPHCD,inits sole and absolute discretion,and mayinclude,butisnotlimitedto: a.ineffectiveorimproperuseof these Agreement fundsbytheAwardeeoranyofits subcontractors; b.FailurebytheAwardeetomateriallycomplywithanytermorprovisionofthis Agreement; c.Failurebythe Awardee tosubmitany documents required bythis Agreement;or d.The Awardee's submittalofincorrector incomplete reports or other required documents. e.Failureto meet the fifty percent (50%)or seventy percent(70%)Benchmarks,as set forthinthisAgreement,ortosubmit documentation (via Progress Reports and applicable supporting documentation)sufficient to show Awardee has met said Benchmarks. 2.Inthe event ofadefaultbytheAwardee,PHCDmayatanytime suspend the Awardee's authoritytoobligatefunds,withhold paymentsorboth.Theseactionsmayapplytoonly partor all ofthe activities fundedbythis Agreement. 2.PHCD will notify theAwardeeofthetypeofactiontobetakenin writing bycertifiedmail, return receipt requested,orin person withproofofdelivery.Thenotification will include the reason(s)for such action,the conditions ofthe action,and the necessary corrective action(s). D.Termination 1.Termination at Will ThisAgreement,inwholeorinpart,maybe terminated byPHCDuponno less thanten (10)workingdaysnotice when PHCD determines that itwouldbein the best interest of PHCDandtheCounty.Saidnoticeshallbedeliveredby certified mail,returnreceipt requested,orin person with proofof delivery.In the event oftermination,theCountymay: (a)requestthereturnofall finished or unfinished documents,datastudies,surveys, drawings,maps,models,photographs,reportsprepared,andcapitalequipmentsecuredby theAwardee with CountyfundsunderthisAgreement;(b)seekreimbursementofCounty fundsallocatedtothe Awardee underthisAgreement;and/or(c)terminateorcancelany other Agreements entered into between theCounty and theAwardee.TheAwardee shall be responsible foritsowndirectandindirect costs associated with such termination, including attorney's fees. 2.Termination for Convenience PHCD may terminate this Agreement,in whole part,in accordance with 24 CFR Part 85.44, when both parties agree thatthecontinuationof the activities wouldnot produce beneficial results commensurate withthefurtherexpenditureoffunds.Both parties shall agree upon theterminationconditions.PHCD,atitssolediscretion,reserves therightto terminate this Agreement without cause uponthirty(30)days writtennotice.Uponreceiptof such notice, the Awardee shallnotincuranyadditional costs under this Agreement. 3.Termination Because of Lack of Funds Page 30 In the event ofa funding short-fall,or a reduction in federal appropriations,or should funds to finance this Agreement become unavailable,PHCDmay terminate this Agreement upon no less than twenty-four (24)hours written notification to the Awardee.Said notice shall be delivered by certified mail,return receipt requested,orin person with proof of delivery. PHCD shall be thefinal authority to determine whether or not funds are available.PHCD mayatits discretion terminate,renegotiate and/or adjust the Agreement award whichever isin the best interest of the County. 4.Termination for Substantial Funding Reduction In the event ofa substantial funding reduction ofthe allocation tothe Awardee through BoardofCounty Commissioners'action,theAwardeemay.atitsdiscretion,request in writingfromtheDirectorofPHCDa release fromits contractual obligationsto the County. The Director ofPHCDwillreviewtheeffectofthe request onthe community and the County priortomakingafinal determination. Termination for Default or Breach PHCD may terminate this Agreement uponno less than twenty-four (24)hours written notification to the Awardee for breach or default. Termination for Failure to Make Sufficient Progress. PHCD may terminate this Agreement,inwholeorinpart,when PHCD determines,inits sole and absolute discretion,that the Awardee isnot making sufficient progress thereby endangering ultimate Agreement performance,orisnot materially complyingwith any term orprovisionofthis Agreement,PHCDmay treat such failuretocomply as a repudiation of this Agreement; 7.Termination for Bankruptcy The County reserves the rightto terminate this Agreement,if,duringthe term ofany Agreement the Awardee has withtheCounty,the Awardee becomes involved as a debtor ina bankruptcy proceeding,or becomes involvedina reorganization,dissolution,or liquidation proceeding,orifa trustee or receiver is appointed over allor-a substantial portion of the property of the Awardee under federal bankruptcy lawor any state insolvency taw. 3.General to Termination and Breach Unless the Awardee's breach iswaivedbytheCountyinwriting,the Countymay,bywritten notice to the Awardee,terminate this Agreement upon no less than twenty-four (24)hours notice.Said noticeshallbedeliveredbycertifiedmail,return receipt requested,orin person with proof of delivery. Waiverof breach of any provisionofthis Agreement shallnotbe deemed tobeawaiverof any other breach and shall notbe construed tobeamodificationofthe terms ofthis Agreement.The provisions hereindonotlimit the County's righttolegalor equitable remedies.The Countymayresortto any remedy for breach provided herein oratlaw, includingbutnotlimitedto,takingoverthe performance of the Services orany part thereof either by itself or through others. In the event the Countyshall terminate this Agreement for default or breach,the County or its designated representatives,may immediately take possession ofall applicable equipment,materials,products,documentation,reports and data. 9.Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code ofMiami-DadeCounty,Section 2-8.4.1,anyindividualor 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 theCountyterminated,whenever practicable,asdeterminedbytheCounty.The County may terminate orcancelanyother Agreements whichsuch Individual or other subcontracted entityhaswiththeCounty.Such individualorentityshallbe responsible for itsowndirect and indirectcostsassociatedwithsuchterminationorcancellation,including attorney'sfees.The foregoingnotwithstanding,any individual orentitywho attempts to meet it contractual obligationswiththe County through fraud,misrepresentation ormaterial misstatement may bedisbarredfromCountycontractingforuptofive(5)years. E.Other Remedies In addition toother provisions set forth herein,intheeventofdefaultbytheAwardee,the Countyshall have therighttoexerciseanyandallofthe following remedies: 1.Awardeeshallbeliable for alldamages,includingbutnot limited to; a.thedifferencebetweenthecostassociatedwith procuring Serviceshereunderandthe amountactuallyexpendedbytheCounty for reprocurement ofServices,including procurement and administrative costs;and b.such other direct damages. 2.The Awardee shallremainliableforany liabilities andclaimsrelatedtothe Awardee's performanceofthisAgreementoranybreachor default,notwithstanding theexpirationor termination of this Agreement. 3.Seek enforcementofthis Agreement,inaccordance with 24 CFR Part 85.43et.seq including butnot limited to filing an action withacourtof appropriate jurisdiction.The Awardee shall be responsible foritsowndirectandindirect costs associated with such enforcement,includingattorney'sfees. 4.DebartheAwardee from future Countycontracting. 5.Anyother remedy availableatlaworequity. DamagesSustained.Notwithstanding theabove,theAwardeeshallnotberelievedof liability tothe CountyfordamagessustainedbytheCountybyvirtueof any breachoftheAgreement,andthe Countymay withhold anypaymentstotheAwardee until suchtimeastheexactamountofdamages duetheCountyis determined.The County mayalsopursueanyremedies available atlaworequity to compensate forany damages sustainedbythebreach. Payment Settlement.If termination occurs for reasons other than breach or default,Awardee shall be paidonly for reasonable,allowable costsincurredbyAwardee prior tonoticeoftermination. "Reasonable,allowable costs"arethosecostswhicharenecessaryinorderto perform Awardee's obligationsunderthis Agreement and specifically exclude expenses incurred prior totheexecution dateofthisAgreement,personal expenses,travel expenses,expenses relatedto additional phases oftheProjectnotspecificallyandexpresslyincorporatedintothis Agreement PHCD shallbethe solejudgeof"reasonable,allowable costs."All compensationpursuanttothis Article issubjecttoan auditat the County'sdiscretion.Awardeeshallnotreceivepaymentforlostfuture revenues,lost developer feesorlostprofits, E-1.Limitationof Liability andLimitationof Remedies Awardee acknowledges thattheCountyis providing substantialfundstoAwardeeatlowornocost toAwardee,andthat these CDBG funds are for thepurposeof providing abenefittothecommunity health and welfare. Therefore,notwithstandinganyotherprovisionherein,thePartiesagreetothe following limitations onliabilitiesfor any andallclaimsofanykindarisingfromorin connection with performance or breachofthis Agreement,which limitations shallapplyequallytobothParties: 1.Both Parties'cumulative liability for damages,ifany,islimitedtothe amount oftheCDBG funds set forthin Section 111,above. Page 32 2.Neither party shall be liableforlost revenues,lostprofits,lost program income,or lost developer fees. 3.Each partyshall bear itsown attorney's fees and costs. 4.Neitherpartyshallbeliablefor costs incurredbytheotherpartypriortothe execution of this Agreement. F.Renegotiation,Modification and Rightto Waive 1.Modificationsof provisions ofthis Agreement shallbevalidonlywheninwriting and signed byduly authorized representatives of each party,whichfortheCountyistheCountyMayor or Mayor's designee.The parties agree to renegotiate this Agreement ifPHCD determines, inits sole and absolute discretion,that federal,state,and/or County revisions of any applicable laws orregulations,or increases or decreases in budget allocations make changes inthis Agreement necessary.PHCDshallbethe finai authority in determining whether ornot funds forthis Agreement are available due to federal,state and/or County revisions ofany applicable lawsor regulations,or increases in budget allocations. 2.The County shall have the rightto exercise an option to extend this Agreement beyond the current Agreement period and willnotify the Awardee inwritingof the extension.This Agreement may be extended beyondthe initial extension perioduponmutual agreement between the County and the Awardee,upon approval bytheCountyMayoror Mayor's designee. 3.The County may,for good andsufficient cause,waive provisions inthis Agreement.Waiver requests from the Awardee shall be inwriting.No waiver shallbevalid unless inwriting and signed by the County Mayoror Mayor's designee.Any waiver shall not be construed to be amodificationofthis Agreement. 4.The County'sfailureto exercise anyofitsrights under this Agreement,orthe County's waiverofaprovisiononanyone occasion,shallnot constitute a waiver of such rightsor provisiononany other occasion.NofailureordelaybytheCountyin the exercise of any rightshall operate as awaiver. G.Budget Revisions and Changes totheCDBG Eligibility ActivityTitle 1.Revisionstothe Budget (Attachment B)shallbe requested inwritingandmustcomply withPHCD's Policies and Procedures Manual.All budget revisionsshallrequirean amendment ofthis Agreement,whichtheCountyshallhavenoobligationto execute.The Countyshallnot be obligatedtomake payments for expenditures incurredpriorto the .approval ofthe budget revision related to such expenditures. 2.Budget Revisions Through CountyResolution Shoulda portion ofthe funding allocation totheAwardeeberescindedbyaction from the Board of County Commissioners,writtennotificationviacertifiedmailto the Awardee advising ofthe funding reduction shall besentby PHCD nolaterthanfive(5)working days oftheaction;written notification will constitutea Agreement amendment.TheAwardeewill have fiveworking days upon receipt ofcertified return receipt notificationto submit a revisedbudgetreflecting funding adjustments.Shouldthe modified budget notbereceived within the specified time,The County wit!revise thebudgetatits discretion.The County in its sole and absolute discretion will determine whether substantial reductions will necessitate revisionand resubmittal oftheScopeofService (Attachment A).Revisionsto theScopeofServices,when required,will benegotiatedtothe mutual satisfactionofboth parties. 3.RevisionstotheCDBG eligibility activity titlesunderwhichthisAgreement's objectives are classified as notedinthe Scope of Services shallnotrequirea Agreement amendment. H.Compliance Page 33 TheCountyshallhavetherighttoinspect,monitor,andinquireofAwardee,atthe sole and absolute discretion ofthe County,remain in effect during any period that the Awardee isob/igatedto completea National Objective orhas control overAgreement funds,including Program Income,in orderto ensure compliance with the CDBG Regulations.However,theCountyshallhaveno obligation or responsibility tomakeany payment or provide anytypeofassistanceorsupporttothe Awardee if this Agreement has expired or been terminated. TheAwardeeagreesto comply with all applicable Stateand County laws,rulesandregulations, whichareincorporatedhereinbyreferenceor fully set forthherein. Anyalterations,variations,modifications,extensionsorwaiversof provisions ofthisAgreement shall only be valid when theyhavebeen reduced to writing,duly approved and signed by both partiesand attached totheoriginalofthisAgreement. Thiscontractmay be executedin counterpart copies,andthesecounterpartsshalltogether constitute anoriginalofthisAgreement. I.Disputes In the event an unresolved dispute exists between the Awardee and PHCD,PHCD shall refer the questions,includingthe views ofall interested parties andthe recommendation of PHCD,to the CountyMayorfor determination.TheCounty Mayor,oranauthorizedrepresentative,will issuea determination within thirty (30)calendardaysofreceiptandsoadvise PHCD andtheAwardee,orin theevent additional time is necessary,PHCD will notify the Awardee within the thirty (30)day periodthatadditionaltimeisnecessary.TheAwardee agrees thatitshallnotbringanylegalaction or against theCounty until thirty(30)daysfromtheCountyMayorissuinghis/herdetermination. J.Headings The section andparagraphheadingsinthisAgreementareinsertedfor convenience onlyandshall notaffectinanywaythemeaningorinterpretationofthis Agreement. K.Minority Participation In order togain greater 8lack business participation,theAwardeemaysubmitits Agreements tothe County Mayorforbidding and awardin accordance withCountypoliciesand procedures. L.Proceedings This Agreement shallbeconstruedin accordance withthelawsoftheStateofFlorida.Anydispute arising under,inconnectionwithorrelatedtothis Agreement orrelatedtoany matter whichis the subject of this Agreement shallbe subject tothe exclusive jurisdictionofthe state and/or federal courts located inMiami-DadeCounty,Florida. M.Notice and Contact All notices between the Parties shallbeinwritingand sent by registered or certified-mail and addressed as follows: TOAWARDEE:CityofSouthMiami 6130 Sunset Drive South Miami,FL 33143-5040 Attn:Ms.Jennifer Korth COPY TO: Attn: Page 34 TOCOUNTY:Miami-Dade County 111 N.W.1st Street Miami,Florida 33128 Attn:Russell Benford,Deputy Mayor COPY TO:Public Housing and Community Development 701 NW 1sl Court,14*Floor Miami,FL 33136 Attn:Michael Liu,Director COPY TO:Public Housing and Community Development 701 NW 1st Court,14th Floor Miami,FL 33136 Attn:Letitia Goodson,PHCD Project Manager COPY TO:Assistant County Attorney County Attorney's Office 111 N.W.1st Street,Suite 2810 Miami,Florida 33128 Attn:Brenda Kuhns Neuman,Esquire Such addresses may be changed bywritten notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed,or the Awardee changes its address,notice ofthe name of the new representative or new address willbe rendered inwritingtothe other party and said notification attached to originals of this Agreement. inthe event thatanyoftheinformation required by the provisions ofthisArticleis changed by either of the Parties after the execution ofthis Agreement,the affected Party shallgive notice inwriting withinfive(5)days to the other Party of the amended pertinent information,which shall be attached and incorporated into this Agreement. WAIVER OF JURY TRIAL NEITHER THE AWARDEE,SUBCONTRACTOR,NORANY OTHER PERSON LIABLE FOR THE RESPONSIBILITIES,OBLIGATIONS,SERVICES AND REPRESENTATIONS HEREIN,NOR ANY ASSIGNEE,SUCCESSOR,HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE, SUBCONTRACTOR OR ANY SUCH OTHER PERSON OR ENTITY SHALL SEEK A JURY TRIAL INANY LAWSUIT,PROCEEDING,COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON OR ARISING OUTOFTHIS AGREEMENT,ORTHE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONGSUCH PERSONS ORENTITIES,OR ANYOFTHEM. NEITHER AWARDEE,SUBCONTRACTOR,NORANY SUCH PERSON OR ENTITY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIALHAS BEEN WAIVED.THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO,ANDTHE PROVISIONS HEREOF SHALLBE SUBJECT TONO EXCEPTIONS.NO PARTY HAS INANYWAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED INALL INSTANCES. O.Assignment TheAwardeeshallnotassign,transfer,hypothecateorotherwisedisposeofthisAgreement, including anyrights,titleorinteresttherein,oritspowertoexecutesuchAgreementtoanyperson, company orcorporationwithoutthepriorwritten consent oftheCounty. P.Third Parties This agreement is intended forthesoleandexclusivebenefitoftheparties and isnotintendedto benefitanythirdpartynorshallitbedeemedtogiverisetoany rights inany third party. Q.Survival Page 35 The parties acknowledge thatmanyofthe obligations inthis agreement,including butnot limited to Awardee's obligation to indemnify the County,maintain Contract Records,and provide sufficient evidenceofCD8G Regulation compliance for the duration ofthe period in which Awardeeis obligated to meet a National Objective or has control over CDBG funds as well asthe County's right toinspectand monitor the Project and Awardee for complaince with the HOME Regulations,will survivethe term,termination,and cancellation hereof.Accordingly,the respective obligations ofthe Awardee andthe County under this agreement,which by nature would continue beyondthe termination,cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. Autonomy The Parties agree thatthis Agreement recognizes the autonomy ofand stipulates and implies no affiliation between the contracting parties.It isexpressly understood andintendedthattheAwardee is only a recipient of funding support andis not an agent,employee,servant or instrumentality ofthe County. The Awardee is,andshallbe,intheperformanceofallworkservicesandactivitiesunderthis Agreement,an independent contractor,andnot an employee,agent orservantofthe County.All persons engaged inanyoftheworkorservicesperformedpursuanttothisAgreementshallatall times,andin all places,besubjecttotheAwardee'ssole direction,supervisionandcontrol.The Awardeeshallexercise control overthemeansandmannerin which itanditsemployees perform the work,and in all respectstheAwardee's relationship andthe relationship ofitsemployeestothe Countyshallbethatofanindependent contractor andnotasemployees,servantsoragentsofthe County. TheAwardeedoesnothavethepoweror authority tobindtheCountyinanypromise,Agreementor representationotherthan specifically provided forinthisAgreement. All Terms and Conditions Included ThisAgreementanditsattachmentsas referenced (AttachmentA-ScopeofServices;Attachment A1 -ActionSteps;AttachmentB-Budget;Attachment B-1(N)Identification andInsurance Requirements;AttachmentB-2-CDBG Program Requirements (Housing Only);Attachment C- ProgressReport,Set-Up Forms,Performance&Benefit DataSupplementto Quarterly Expenditure& Progress Report;Attachment D-InformationforEnvironmental Review;Attachment E - Certification,Statementsand Affidavits;Attachment F -Publicity,AdvertisementsandSignage; AttachmentG -Fair Subcontracting Policies;AttachmentH-Subcontractor/Supplier Listing) containallthe terms andconditionsagreeduponby the parties.Noother Agreement,oralor otherwise,regarding thesubjectmatterofthisAgreementshallbedeemedtoexistor bind anyofthe parties hereto. Conflict In theeventthataconflictarisesbetweenany prior funding documentsand/or agreements governing this development,the terms,provisionsanddefinitionsincludedinthis Agreement shall prevail. In theevent that the Subsidy Layering Review (SLR)or Underwriting analysis determine the j project'strue "gap*financing needs tobelessthanthemaximumawardallocatedbytheBoardof | County Commissioners,the SLR amount shallprevailand the amount of CDBGfunds described in this Agreement shallbe subsequently reduced."Gap"financing means thedifference between the amount offinancingavailable for theProjectfromother sources and the totalprojectcost.In the event Awardee appliesforandisawardedbytheBoardofCounty Commissioners ("BCC") additionalfundingforthe same Project,asdescribedinthis Agreement,a separate Agreement or amendment tothis Agreement mustbenegotiatedand executed between Awardee andtheCounty MayororMayor's designee.Any differences between the terms and conditions set forthin this Agreement andthe subsequent fundingawardshallrequireanegotiation between thePartiesin [ ordertoresolvethose differences.Awardeeunderstandsandacknowledgesthatchangestothe | ProjectorActivities described inthis Agreement maynot be accomplished byapplyingforandbeing awarded subsequent fundsbythe BCC.Inthe event that Awardee applies forandisawardedby the BCCfundingforanadditional phase of the same Project,a separate agreement must be negotiated and executed between the Parties.Under no circumstances shall Awardee assert that a Page 36 subsequent application for and award offundsforthe same project constitutes and amendment of this Agreement.Awardee expressly assumes any and allriskoflossor damage associated witha subsequent application forand award offundsfor the same Project where such subsequent application by Awardee includes terms which conflictwiththe terms of this Agreement. U.Interpretation Paragraph headings arefor convenience onlyand are not intended to expand orrestrict the scope or substance of the provisionsofthis Agreement.Wherever used herein,the singular shall include thepluralandpluralshallincludethesingular,and pronouns shallberead as masculine,feminine or neuter as the context requires. V.Survival The parties acknowledge that any of the obligations inthis Agreement,including butnotlimitedto the Awardee's obligation toindemnify the County,will survive the term,termination and cancellation hereof.Accordingly,the respective obligations of the Awardee and the County under this Agreement,whichby nature would continue beyond the termination,cancellation orexpiration thereof,shall survive termination,cancellation or expiration hereof. W.Corporate Governance A Not-for-Profit Awardee shall abide byandbe governed by Chapter 617,Florida Statutes, particularly Sections 617.0830 through 617.0835 as amended,which are incorporated herein by reference as iffully set forth herein in connection withits Agreement obligations hereunder. A For-Profit Awardee shall abide by and be governed by Chapter 607,Florida Statutes,particularly Sections 607.0830 through 607.0833,as amended,whichis incorporated herein by reference as if fully set forth herein in connection withits 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 ftp dayof X2££L„2015. AWARDEE: Cityof South Miami BY: NAMI MIAMI-DADE C BY: NAME:Carlos A.Gimenez TITLE:Mayor TITLE:DATE:l^J'^j >l< DATE: 8Y: NAME: m/pffapi^ ;^~$—r$*fa ^I \jr*¥y**«...•».»»»• TITLE; Mam*JUju-*rJ*^ TITLE:Clerk,Boardof County Commissioners DATE-Ipf-lir.j&Dl'S DATE:/&/s°//s Type or print Name Federal ID Number:596000431 Resolution*:R-579-15 Awardee's Fiscal Year Ending Date: CORPORATE SEAL: AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Page 38 ATTACHMENT A PUBLIC HOUSING AND COMMUNITY DEVELOPMENT MIAMI- MB FY 2015 Scope of Services October 1,2015 through September 30,2017 Agency Name:City of South Miami ACTIVITY TITLE; jors #: RESOLUTION #: DUNS #: 2.-ACTIVITY DESCRIPTION: 2a-Activity Category: 2b.--Objective: 2c.-Outcome: 2d.-Scope ofwork(Attached)0 3.-APPROVED BY BCC: OtherFundingSourceand Amount: 4.-FY 2015 FUNDING REQUESTED; 5.-HUD INFORMATION: 5a.-HUD matrix code: 5b.-HUD Activity Type: 5c.-HUD National Citation 6.-ACCOMPLISHMENTS: 6a.-Number of Units: 6b.-Type: 7.-NATIONAL OBJECTIVE: Total #of Low/Mod in Service Area: Census Tract: BlockGroup: 8.-ACTIVITY ADDRESS: 9.-LOCATION: NRSA (Activity locatedin): District (Activity located in): 10.-LABOR STANDARD applicable Type of Work: •Building O Residential SW 64th Street,betweenSW 57th Avenueand 62nd Avenue R-579-15 24628976 Street improvements to install/improve buffered bike lanes:including drainage renovations,landscaping,signage,pavement markings and resurfacingalong SW 64Tb streetbetweenSW 57th and62ndavenue. Public Facilities and Capital Improvement Sustainable Living Environment Availability/Accessibility Amount:$336,000 Source:CDBG FY:2015 S84,000 City of South Miami $336,000 3K LMA 57QJQ8(a)(2) 570.201(c) Public Facilities 76.04 6130 Sunset Drive South Miami,FL 33143 South Miami Q Highway •Heavy 11.Set aside units different from total units 12.INSURANCE REQUIREMENTS:Worker's CompensationInsurance,CommercialGeneralLiability Insurance, Auto mobilityLiabilityInsuranceandProfessionalLiabilityInsurance.See Attachment for detailed reftcfa^roents. Project Manager:Letitia Goodson LaWanda S.Scott Planner:(Signature^ Ma no Alvarez HOD Manager.(Signature! ihihe uate FY 2015 CDBG Funding Application SW 64th Street Bike Lane &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 inracial identification -have negotiated space.Some of this evolution has been brutal. Today'scitiesare,among other things,the resultof generations ofracismand classism and struggles in the face of those discriminations.As decades and centuries have gone by,racial boundaries in the United States have shift; discrimination has remained.Transportation has been near the heart of that strugglefromthe start.From housingchoicetobusfrequencytofreeway routing tosidewalkquality,citieshaveoftenfailedtoequitably distribute the costs and benefits of mobility." -BuildingEquity-A report from People forBikesandAlliancefor Biking andWalking This project aimsto ensure that theCityofSouthMiamiprovidesmobilitychoices throughout the entire district.Specifically,the following itemswillbeincluded: -Designated bike lanes on both sides ofSW 64th Street between SW 57th Avenue and SW 62nd Avenuewithbufferislandswhereright-a-wayis adequate. -Shared green colored bike lanes at the intersections of SW 59th PlaceandSW 57th Avenue. *Resurfacingof intersection of SW 59th Placeforexisting stamped concrete. -Evaluation and establishment of drainage impacts throughout corridor. -Millingand resurfacing of entire SW 64th Street corridor between SW57th Avenue andSW 62nd Avenue (Approx.Length2600 LF). -Signing and Pavement Markings,includingnewbikelanesymbolsand sharrows. -Landscaping -New concrete curb type "D"for buffer islands. 2.Activity Location SW 64th Street (Hardee Drive),between SW57thAvenue (Red Road}and SW 62nd Avenue 3.Target Population The South Miami NRSA almost entirely consist of a minority community.The 2000 Census figuresindicate that 83%are Black and African American.Withmorethan32%of the population falling belowpovertylevel,propertyisclearlyamajorissueinthe SMCRA. Moreover,educational attainment levels of the redevelopment's area's residents continue to lag behind regionallevels.In 2000,nearly 36%ofthe population never graduated highschool, while 18%in the City and 32%in the Countydidnot graduate.The boundaries of the SMCRA are Sunset Drive on the South ,SW 62nd Street on the North,SW 62nd Avenue on the West and SW 57th Avenue (Red Road)on the 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: OverallGoal:Provide adequate public facilitiesandcapital improvements to benefit low-to moderate areas and residents Proposed Five-Year Funding priorities and strategies: Public Facilities and Capital Improvements:The County shall prioritize fundingto upgrade parks,community centers,and street and roadway improvements to benefit low-to moderate- income residents in Miami-Dade County. According to the South Miami NRSA priority needs table,PublicFacilityand Infrastructure Needs are rated high. Quarterly Milestones /Action Steps FY 2015,Quarter 3 April I,2015-June 30,2015 Receive funding fromCommunityDevelopment Block Grant(CDBG) Staff coordination topreparescopeofwork Consultant SelectionfromtheCityofSouth Miami CCNAlist FY 20!5,Quarter 4 July 1,20!5 ~September 30,2015 Prepare package for Commission approval andStartConstructionDocuments (Design Phase) Prepare Resolution Package Commission Approval Provide Purchase Order to Consultant -Consultant is to provide 30%plans totheCityforreview City will provide comments for 30%submittal Attachment Al Public Facilities and Infrastructure Improvements -FY15SW 64th Street,between SW 57th Ave,and 62nd Ave.(Bike Lanes) ID Task Name Required Resource Enter in the % of Task Completed (as of today) Enter in the Start Date of Task Calculated End Date of Task Notes: 1.1 lontract yeveiopment Knase 1.1.1 submittal of scope and budget Agency 100.00 .8/1/15 8/31/15 1.1.2 scopeandbudgetreviewbyPublicHousingand CommunityDevelopment (PHCD)ProjectManager(PM)Project Manager 0.00 9/1/15 9/30/15 1.1.3 prepareand assemble contract with Attachments AtoH (24cfr 92.S04)Project Manager 0.00 9/1/15 9/30/15 1.1.4 submitcontractforagencysignatureto execute ProjectManager 0.00 10/1/15 10/15/15 1.1.5 returnsigned 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 nev'tew 1.2 Pre-development rnase 1.2.1 submit required insurance certificate Agency 0.00 2/1/16 2/15/16 1.2,2 Environment clearance letter Environmental Specialist 0.00 2/1/16 2/15/16 Milestone «ev;ew 1.3 UESKSN'Pre-'bia Knase 1.3.1 Select consultant from City's CCNA list Agency ©0.00 2/15/16 3/15/16 1.3.2 Approval of consultant byCity Commsission @ 0.00 2/15/16 3/15/16 1.4 Submit ULUbN contract \6r VHLITReview 1.4.1 Submit executed design contract forPHCD review ©0.00 3/15/16 3/30/16 1.5 Ufcbiws Pnase 1.5.1 Development of Construction Documents @ 0.00 4/1/14 10/30/16 1.6 LUNb IRULIIUN Pre-B>d Phase 1.6.1 RFP packageforGeneralContractor (GC)Agency 0.00 11/1/16 12/31/16 1.6.2 Submit RFP packageto 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/Project Manager 0.00 11/1/16 12/31/16 1.6.7 Bid/RFP opening Agency 0.00 11/1/16 12/31/16 Page1 oc ~f O/O of 3 i /on-n; Attachment Al ID Task Name Required Resource Enter in the % of Task Completed (as of today) Enter In the Start Date of Task Calculated End Date of Task Notes: 1.6.8 Check debarment list Agency 11/1/16 12/31/16 1.6.9 Selection/Award Agency 0.00 11/1/16 12/31/16 1.6.10 Place order tor Miami-Dade Construction Sign Project Manager 0.00 11/1/16 12/31/16 Milestone Kevtew 1.7 Submit LUNS1 kUL 11UN contract ior MHLU Keview 1.7.1 executed GC contract Agency 0.00 1/1/17 2/29/2017 1.7.2 Submit GC contract,bid tabulations,recommendation by agencystaff,resolution approvigin selection,copy ofadto PHCD Agency 0.00 1/1/16 2/29/2017 1.7.3 PHCO Review GC contract /check debarment list Project Manager 0.00 1/1/16 2/29/2017 1.7.4 Give agency written approval for subcontract Project Manager 0.00 1/1/16 2/29/2017 1.7.5 Certificate of Insurance Construction Manager 0.00 1/1/16 2/29/2017 1.7.6 Payment of Performance Bond Construction Manager 0.00 1/1/16 2/29/2017 1.7.7 Submit copiesofState,CountyandCity Licences and Certicate of Competencies Construction Manager 0.00 1/1/16 2/29/2017 1.7.8 SubmitW-9 Request forTaxpayer IDA Construction Manager 0.00 1/1/16 2/29/2017 Milestone Review 1.8 euro ikuliiUN Phase1 i.M pre-construction conference Agency 0.00 3/1/17 3/31/17 1.8.2 notice to proceed Agency 0.00 3/1/17 3/31/17 1.8.3 obtain permits Agency 0.00 3/1/17 3/31/17 v:9 "INFRASTRUCTURE IMPROVEMENTS ONLY t.9;t "Mobilization Agency auu 4/1/17 5/30^17 i:w maintenance of traffic Agency 0.00 4/1/17 5/30/17 1.9.3 submit payment request Agency 0.00 4/1/17 5/30/17 1.9.4 remove asphalt pavement Agency 0.00 4/1/17 5/30/17 1.*.5 submit payment request Agency 0.00 4/1/17 5/30/17 1.9.6 Davis-Bacon Complaince Agency 0.00 1,9V7"U drainage Agency u.uo 4/1/17 4/30/17 1.9.5"curbinlet Agency 0.00 4/1/17 4/30/17 1.9.9 pipes Agency 0.00 4/1/17 4/30/17 1.9.10 submit payment request Agency 0.00 4/1/17 4/30/17 1.9.11 L>avis-Bacon Complaince Agency '•"0.00 T.i?nr Paving Agency auu b/1/1/6/30/17 i.y.ii construct concrete crub Agency 0.00 6/1/17 6/30/17 1.9.14 submitpaymentrequest Agency 0.00 6/1/17 6/30/17 1.9.1b Davis-Bacon Complaince Agency 0.00 Page 2 as of 9/2 of 3 1/2015 Attachment Al ID Task Name Required Resource Enter in the % of Task Completed (as of today) Enter in the Start Date of Task Calculated End Date of Task Notes: t:9:t6'"Striping ana bigns Agency u.uu "7/1/1/7/15/17 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 submit payment request Agency 0.00 7/1/17 7/15/17 T79':20'Davis-Bacon Complaince Agency o.uo 7/1/17 7/15/17 i.y.21 La n escape Agency u.uu //Ik/17 7/31/17 i.V.'l'l soo Agency u.uu 7/ltyl7 7/31/17 2.1 participant tugioiiity Knase 2.1.1 determine that eachparticipantis income eligible by determiningthefamily'sannual income.Agency 0.00 8/1/17 8/31/17 If appl cable 2.1.2 examine the source documents evidencing annual income (e.g.,wage statement interest statement unemployment compensation statement)forthefamily Agency 0.00 8/1/17 8/31/17 If appl cable 2.1.3 Census TractandBlockGroup Information Agency 0.00 8/1/17 8/31/17 If appl cable Milestone Review 2.2 completion pnase T.n submit final progress report Agency u.uu 10/1/17 10/10/17 2.2.2 submit payment with final release of liens 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 Certificate of 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 PHCO 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 ^.;:uverau project Percent comp«ete #niv/m 1 Page3 of 3 9c nf Q/njmm ATTACHMENT B CITY OF SOUTH MIAMI SW 64th Street,between SW 57th Ave.and 62nd Ave.(Bike Lanes) CDBG FY 2015 Summary Budget October 1,2015 -September 30,2017 CATEGORIES NON-PHCD TOTAL ALL FY 2015 FUNDING FUNDING SOURCES 1.Personnel $-$-$- II.Contractual Services $60,000.00 $-S 60,000.00 111.Operating Services $-$-$- IV.Capital Outlay $276,000.00 $84,000.00 s 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 CITY OF SOUTH MIAMI COBG FY 2015 SW64th Street,betvween SW57thAve.and62ndAve.(Bike lanes) DETAIL BUDGET October 1,2015thru September 30,2017 PP Non-PHCD PHCD 2015 Total AH Sources 0410 PERSONNEL -Employee Regular-Salaries Position #1 S $$ Position #2 $$$ Position #3 s $$ Sub-Total Salaries $$$ 4010 Fringe Benefits FICA{saiaryX7.65%)$$$• Sub-TotalFringe $$s - Total Personnel $$$- Contractual Services 21011 External Audit 21012 Environmental Audit $ 21030 OtherProfessional-Design $60,000.00 60,000.00 21030 Other Professional SVC 22350 Bottled Water 25330 Rent Copier 25511 Building Rental $ Total Contractual $60,000.00 60,000-00 Operating Expenses 31011 Telephone Regular $s s - 31011 Telephone LongDistance $$$- 31610 Postage $$$- 31420 Advertising Radio $s s - Total Operating Expenses $$$- Commodities 31510 OutsidePrinting $$$- 95020 Computer Purchase to- $s - 47010 Office Supplies /Outside Vendors $$s - Total Commodities $$$- Capital Outlay 90 Construction $84,000.00 $275,000.00 $359,000.00 Signage $$1,000.00 $1,000.00 Infrastructure Improvements to- 1 $S - Total Capital Outlay $84,000.00 $276,000.00 $360,000.00 [TOTAL BUDGET SOURCES OF OTHER FUNDIN6 Cityof South Miami $84,000.00 1$336,000.00 |$ TOTAL AMOUNT $84,000.00 420,000.00| ATTACHMENT B-l(N) INDEMNIFICATION Government entityshallindemnifyandhold harmless theCountyandits officers,employees, agentsandinstrumentalitiesfromanyandall liability,lossesor damages,including attorneys>fees andcostsofdefense,whichtheCountyoritsofficers,employees,agentsor instrumentalities may incurasaresult of claims,demands,suits,causes of actionsorproceedings of anykindor nature arisingoutof,relating toor resulting fromthe performance of this Agreement bythe Government entityoritsemployees,agents,servants,partnersprincipalsorsubcontractors.Government entity shallpay all claimsandlossesinconnectiontherewithandshallinvestigateanddefendallclaims, suitsoractions of anykindornatureinthename of theCounty,where applicable,including appellateproceedings,andshallpayallcosts,judgments,andattorney'sfeeswhichmayissue thereon.Government entity expressly understandsandagreesthatany insurance protection requiredbythisAgreementorotherwiseprovidedbyGovernmententityshallinnowaylimitthe responsibilitytoindemnify,keepandsave harmless anddefendtheCountyoritsofficers, employees,agentsand instrumentalities ashereinprovided. Public Housing andCommunityDevelopment Attachment B-2 Community Development Block Grant (CDBG)Program Not Applicable 22321 ATTACHMENT C PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 |Reporting Period:;_ |Q 1st Quarter [Jan-Mar]•2nd Quarter [Apr-Jun]•3ra Quarter [Jul-Sept]•4th Quarter [Oct-Dec]/Annual Report I Section I:General Information Recipient Name (Organization): Contact Person (Name &Title): Activity Name(Project Title): Activity Address: ActivityDescription:__ IDIS#:Index Code: Telephone Number: Funding Source:Funded Amount:5 Activity Category: •Administration Q Capital Improvement •Economic Development •Historic Preservation Q Public Service •Housing •Homebuyer Assistance •Tenant-Based Rental Assistance (TBRA)•Homeless Housing Objective:•Create suitable living environments •Provide decent affordable housing O Create economic opportunities Outcome:•Availability/Accessibility •Affordability Q Sustainability Section H:Financial Information At thetimethe Awardees has teen paidorotherwise received fifty percent (50%)and seventy j percent (70%)ofthe Agreement Funds,the Awardees reporting these expenditures must submit documentation to showthat Awardees hasi accomplished 50%and 70%,respectively,ofthe Activities described herein.J Category B Approved Budget Total Expended [This Quarter] D E Actual|r Expenditures Cumulative [Through end of this quarter] Reimbursed Cumulative [Through end of Ihis quarter) T Cumulative |Projected Percentage [Expenditures [B&D][Next Quarter] Projected Cumulative Expenditures (By end of Contract Period) Program Income The disposition of Program Incomenotspecificallylistedinthe approved Program Income budget requires priorwritten approval fromPHCD. 1.Doesthis activity generate ProgramIncome?•Yes Q No 2.If yes,indicate theamountgeneratedthisquarter._$ 3.If yes,was written approval grantedbyPHCDto use theProgramIncome generated from this activity? •YesD No D N/A 4.Ifyes,\Q attachcopyofapprovalletterandrelated documents.If no,a written requestfor approval tousethe Program Income must be submitted toPHCD. 1of3 CD/14/51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 t ACTIVITY STATUS AND ^COMPLiSHMENT INFORMATION 1.Activity Status:•Cancelled [J Underway •Completed 2.Environmental Status:DA=Exempt •C=Compieted D D=Underway 3.is thisactivitystillin compliance with theoriginalproject schedule?•Yes D No |Section IIJ:D Work in Progress [On-going Activities]♦•Accomplishment Narrative [Activity Completed] JCheck appropriate box and reference the Scope of Services,included in your contract,as the basis for reporting the Iwork m progressoraccomplishedina brief narrative format.[tj)Attach Scope ofServices] Section IV:Other Supporting Efforts Provideadescription,usingquantifiabledata,ofallothersupportingeffortsthathavebegun,partiallyimplemented,or completed during this period. Section V:Problems Encountered j ••• Provideabrief description ofanyproblemsordelays encountered duringthisperiodoranticipated. Section VI:Technical Assistance if your organization hasa need or anticipate a need for technical assistance during this period,please describe the! nature of the assistance required.I Section VII:Performance Measurement { *Notes:A Supplemental Performance &BenefitDataReportmustbesubmittedifanyactual achievements are reported duringthisreportingperiod and allHOMEfundedprojects must submitapplicableactivity set-up form. Accomplishment Type:•People [01]•Households [04]•Businesses [08]•Organizations [09] D Housing Units [10]•Public Facilities [11]•Jobs [13] National Objective:•Area Wide Benefit [e.g.LMA,LMAFI,LMASA,SBA]-or-•Direct Benefit [e.g.LMC,LMH,LMJj People or Households •Achievements:•Yes D No f yes,what isthe accomplishment type?Q People -or-•Households j People Households (LMH activities only) Total People Low /Mod Total Households Low /Mod Female Headed ^rejected Goal \ctual This Quarter \ctual Cumulative Supplemental Repoii Attached Y/N Performance &Benefit Data: 13 Housing -or-D PublicService &Administration -or-Q Capital Improvement &Public Facilities 2 of 3 CD/14/51712 £_ii_u PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 Housing Units •Achievements".Q Yes D No Owner Rental 8uyer Total Projected Goal Actual This Quarter Actual Cumulative Supplemental ReportAttached YI N •Performance&Benefit Data:Housing Percent Low /Mod Jobs Jobs or Businesses -Achievements:D Yes •No If yes,what is the accomplishment type?•Jobs -or-•Businesses Total Job Count Total Weekly Hours Jobs Created Fuil-Time (FT)FTLow/Mod Part-Time (PT)PT Low /Mod Projected Goal Actual This Quarter Actual Cumulative Assistanee to Businesses Projected Goal Actual This Quarter*Actual Cumulative New Businesses Existing Businesses Total Supplemental ReportAttached Y/N •Performance&Benefit Data:EconomicDevelopment PERFORMANCE CERTIFICATION:[____]This certifies that No Accomplishments occurred during this Quarter, Initials NOTE:Submittalof Supplemental Form -Performance &BenefitDataisnot required atthistime based onthe certification that no accomplishments occurredduringthisquarter. CERTIFICATION Thisistocertify that the data and other information provided inthisReportis correct,based onofficial accounting system and records,and that expenditures and obligations shown have been made for the purpose ofandin accordance with applicable Terms and Conditions ofthe Contract andFunding Requirements. Report Prepared by:Title: Print Name Date: Signature ofCertifyingOfficial:Title:Date: FOR PHCD USE ONLY Report •is/•isnot complete ♦Report Q is/•isnot accurate Activity IDJS Number: Initial review for completeness and accuracy completed by -Name: Name:Date: Project Manager Supervisor Warning:Title18,USCodeSection1001,states thatapersonwhoknowinglyand willingly makesfalseorfraudulent statements toanyDepartmentor Agency of theUnited States isguiltyofa felony.State taw may also provide penaltiesforfalseorfraudulent statements. _g.---v.-T-This material isavailable tn an accessible format npnn request 3 of 3 CO/M/51712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:CAPITAL IMPROVEMENTS &PUBLIC FACILITIES Supplement to Quarterly Expenditure &Progress Report FY 20 Recipient Name: Activity Name:__ IDIS #: HUD Activity Matrix Code: HUD Matrix Code Description: PROJECT TYPE: Q Acquisition/Disposition Q Clearance /Demolition Q Street Improvements Q Pubiic Facility /Type: Q Building /Type: •Other Capital Improvement/Type: [indicate befow] Activity Category: AccomplishmentType: MEASURES: Reporting Period 1sl QuarterfJan-Mar}u 2nd Quarter [Apr-Jun]D 3ra Quarter [Jul-Sept]D 4,n Quarter[Oct-Dec]/ Annual Report D ACCOMPLISHMENT UNITS; CQMPLETEDH^fei^: Q Structures *•Parcels D Structures ♦Q Parcels Persons Served ♦Low/Mod Income Persons Served ♦Low/Mod Income Facilities ♦Persons Served ♦Low/Mod income Persons Served ♦Low/Mod income #of Structures #of Parcels _#ofFacilities _#of Persons Served #of Low/Mod income PERFORMANCE MEASUREMENT &ACCOMPLISHMENT INFORMATION Instructions &Applicability:National Objectives include LMA &LMC activities with any 03matrix code except 3T. 1,TotalPersonsAssistedfor program year.2.CountsbyHouseholds (H)orPersons(P): 3.Of the Total Persons,enter the number.Number of Persons With New Access tothis service or benefit WithImproved Access to this serviceor benefit __ With access toaserviceor benefit thatisNoLonger Substandard Note:This field must equal the number in Total Persons Assisted. .With New Access tothistypeof Public Facility or infrastructure Improvement With Improved Access to this typeof Public Facility or Infrastructure Improvement ..With accessto Public Facility or Infrastructure thatis No Longer Substandard Note:This field must equal the number in Total Persons Assisted. Homeless persons given overnight shelter Numberofbedscreated in overnight shelterorother emergency housing Total Total NEIGHBORHOODREVITALIZATION STRATEGEY AREA (NRSA)INFORMATION isthis activity located in a NRSA?DYes DNo ifyes,the NRSA mustbe identified,as applicable,usingthemaps provided via Miami-Dade County's website -ServicesNear You:http://gisweb.miamidade.oov/CommunityServices/.A copy of the printout must be included with this report. 3rovide the following information: NRSA #of Clients Served NRSA #of Clients Served 1 of 3 CD/15/51712 V 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/ZipCode -or-Folio Number is there isno street address Street /City/Zip Code -or-Folio Number is there isno street address DIRECTBENEFITDATA:M PERSONS-OR-•HOUSEHOLDS RACE ÐNICITY CATEGORY Instructions:(1)Indicate thetotalnumberof persons orhouseholdsservedin each RacialCategoryforthis reporting periodandthecumulativetotal.(2)FromthetotalnumberdepictedineachRacialCategory,indicatethenumbersthat are of Hispanic Ethnicity forthis reporting period andthecumulativetotal. Report Period Totals Cumulative /YTD Totals Race Total Number Ethnicity #Hispanic Race*."Ethnieitv •TotalNumber ..#HispanicRacialCategories White [11] Black /African American (12] Asian[13] American Indian/Alaskan Native [14] Native Hawaiian /Other Pacific Islander [-15].••-.•'"••.-,- American Indian /Alaskan Native &White [16] Asian &White [17]•.-•.;.':;:.-::. Black /African American &White (18] American Indian or Alaskan Native &Black / African American [19]..-."' Other/Multi Racial[20] Totals '•.:-:-•.-• OTHER DIRECT BENEFIT INFORMATION Report Period Totals Cumulative./YTD Totals ."Total Number.Income Levels Total Number Extremely Low(30%or less) Low (31%^50%)-.'•."''"-••'/•''"."."'"'".:.."\:-:-._-^:="' Moderate (51%-81%)'/•'••'••••.»'•'.-:z\.-•••••'•••' NonLow/Mod(81%or greater ••;...•.-••••.''•••.;.-•;'"•:;••••:• Totals Reporting based on household unitsonly.-V .•'•-" Number of Female Headed Households '.•....'•- AREA BENEFIT INFORMATION Census (C)or Survey (S)DataUsed: Total #of Low/Mod inServiceArea: Percentof Low/Mod inServiceArea: Census Tract:Block Groups: Census tract: Census Tract: block Groups: Block Groups: If (S),enter #ofLow/Mod&Total Population; TotalLow/Mod Universe Population in Service Area: 2 of 3 CD/1S/51712V hiahhdadej PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE &BENEFIT DATA:CAPITAL IMPROVEMENTS &PUBLIC FACILITIES Supplement to Quarterly Expenditure &Progress Report FY 20 PARTS ^WERAGINSOFiFUNDSIOtherFuriaihg Sources];* 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: $ NameofFunding Source Total Funds &REQUIRED ATTACHMENTS [if applicable]:1)Certificate of Completion;2)Printout of NRSA map,if applicable;3) Documentation of performance /accomplishments,e.g.,neworimproved access toservices,facility,or infrastructure upgrade;and4)Documentation as describedintheContractorScopeofServices,orasinstructedbytheCounty. Report Prepared by:Title:Date: Print Name Signature of Certifying Official:Title:Date: Warning:Title 18,US Code Section 1001,states thata person whoknowinglyandwillinglymakes falseor fraudulent statements toany Department or Ageuuy oftheUnited States is guilty of b felony.Sidle taw may alsoprovidepenaltiesfor talse 6r fraudulent statements.' This material is availahlp inan arryssihlft format upnn request CD/1W51712V • 3 of 3 PHCD SUBMITTALOFPUBLICFACILITIES CHECKLIST :"Agency ........-.... -Activity Name *Funding Source/Year z Amount/ID)S# i • LMI Limited Clientele Criteria (Must checkone below &Provide documentation as required) Client Name D1.Low-Mod Clientele (LMC)-Documentation showing that the activity isdesigned for and used by asegment of the population presumed by HUD tobe LMI persons;for example: a Abused children, o Battered spouses, d Elderly persons (family whosehead,spouse,or sole member isa person aged62or older), a Severely disabled, a Homelesspersons, dIlliterate adults, aPersons living with AIDS, d Migrant farm workers D 2.Neighborhood Revitalization Strategy Area (NRSA)-Be ofsuch anatureand 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 inan NRSA: Yes No *Proofof location: *Chi!d(ren)School Records (showing home address) *Driver License *Utility Bill (FPUWater &Sewer,etc) REQUIRED DOCUMENTATION-NO EXCEPTIONS *PHCD General CDBG Intake Eligibility Form (Must be Attached) ""Services Near You Print Out (Must be Attached) (http://gisweb.miamidade.qov/CommunityService$/•Q 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 ANYOF THE ABOVE NOT BE PROVIDED,QUARTFRI V PRhftRFSS REPORTS Wli I rf PFTMRNFP TO THEAGENCYANDWILLBECONSIDERED NON-COMPLIANT ________^______Page 1 of2 • • • D • D Yes No •• PHCD SUBMITTAL OFPUBLIC FACILITIES CHECKLIST G 3,Required Documentation:-Data showing the size and annual income for the family of each person receiving the benefit and that at least 51%of those served are LMI. REQUIRED DOCUMENTATION A MUST -NO EXCEPTIONS YesNo '*PHCD General CDBG Intake Eligibility Form (Current Income Must be Attached)Q Q Select One Form of Proof to Provide: *PayStub(s)•• *Aid to Families with Dependent Children (AFDC)or Temporary Assistanceto Needy Families (TANF) *Food Stamp Official Printout Letter *Unemployment Benefits Letter with Amount *Proof of Child Supportor Alimony *Proof of SSA/SSI or Veteran's Benefits *Proof of Retirement Income (Must be attached for Senior Programs) *Other Income •a •a D a a D a • •a a a Prepared by (Print)Agency Official Signature and Date NOTE:SHOULD ANY OFTHE ABOVE NOTBE PROVIDED,QUARTERLY PROGRESSREPORTS WILL BE RETURNED TO THEAGENCYAND WILL BECONSIDEREDNON-COMPLIANT Page2of2 NAME: ADDRESS: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT GENERAL CDBG INTAKE ELIGIBILITY FORM LMILIMITED CLIENTELE (LMC)/JOBS (LMJ)/HOUSING (LMH) PHONE: ZIP: Gender:•Male •FemaleEthnicity:•Hispanic •NotHispanic Race (Please checktheracecategorywhichappliestoyou): •White •Black/African American D Q Asian D Black/African American &White • •Asian &White •Native Hawaiian/Other Pacific Islander • •American Indian orAlaskanNative&Black/African American American Indian/Alaskan Native American Indian/Alaskan Native &White Other:Multi Racial List Yourself and all Other Persons Occupying Home Relationship Gender Age Employed? 1.Self DYes DNo 2.•Yes Qno 3.•Yes DNo 4.•Yes ONo 5.•Yes QNo 6.•Yes DNo 7.•Yes ONo 8.•Yes ONo INCOME VERIFICATION DATA The assistance youreceiveisdeterminedinpartbythesizeofyourhouseholdandyour income.All incomeand assets will require verification before eligibility will begranted.Incomeincludesallmoney coming into thehouseholdfrom all personsover 18 years old. Wages,salaries,tips,commissions;Self-employment income;Retirement,Survivor,or Disability pensions;Social Security or Railroad retirement;Supplemental Security Income,AidtoFamilies with Dependent Children (AFDC),Temporary Assistance to NeedyFamilies (TANF),FoodStamps,orotherpublicassistance,or public welfareprograms;Interest dividends,netrental income, orincomefromestatesortrusts;andanyothersourcesof income received regularly,including Veterans'(VA)payments, unemployment compensation,alimony,andchildsupportmustbe disclosed. Household Member Source of Income Gross Monthly Amount Received 1.$ 2.$ 3.$ 4.$ 5.$ Income Eligibility AcceptableDocumentation:Copy ofPay Stubs (from previous employer),Aid to Families with Dependent Children (AFDC)or Temporary AssistancetoNeedy Families (TANF)Official Printout/letter,Food Stamp Official Printout/letter, Letter confirming amountofunemploymentbenefits received,proof of child supportor alimony,proofof SSA/SSI orVeteran's Benefits,orproofofretirementincome.MUSTATTACHACOPYOF DOCUMENTS -NOEXCEPTIONS. lf the undersignedapplicant,doherebyauthorize_ wages,pensions,and investments.It is understood that this authorization is granted forthesole purpose of certifying my eligibility for federal financial assistance,andthat all information acquired in this regard will remain confidential. _to verify mypersonalrecords,including BYMY SIGNATURE,I ACKNOWLEDGETHATALL INFORMATION I HAVE PROVIDEDISTRUEANDCORRECTTOTHEBEST OFMY KNOWLEDGE.I AMAWARETHAT IF I MAKE ANY WILLFUL FALSESTATEMENTINTHIS CERTIFICATION OR ANY OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY,I MAY BE PUNISHED WITH FINES OR IMPRISONMENT OFUPTO FIVE (5)YEARS,OR BOTH,UNDER SECTION 1001 OF TITLE 18,UNITED STATES CODE AND I ALSOMAYBE SUBJECT TO CIVIL AND/OR ADMINISTRATIVE PENALTIES AND SANCTIONS. 0 Signature of Applicant Date Page 1of2 CD/17/51712/V3 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT GENERAL CDBG INTAKE ELIGIBILITY FORM CDBG INCOME ELIGIBILITY Activity classified under family size and income Activityis classified based on income eligibility requirements that restrict it exclusively io low-and moderate-income persons 24 CFR 570.208 24 CFR 570.208(a)(2)(i)(B) 24CFR570.208(a)(2)(i)(C) 24 CFR 570.5Q6(b)(3)(iii) 24CFR 570.506(b)(3)(iii) DEFINITIONS /24 CFR 570.3 Familymeansallpersons living inthe same householdwhoarerelatedby birth,marriageor adoption. Household means allthepersonswho occupy ahousing unit.Theoccupantsmaybeasingle family,oneperson living alone, two or morefamilies living together,oranyothergroupofrelatedorunrelatedpersonswhoshare living arrangements. Income.For thepurposeof determining whethera family or household is low-and moderate-income under subpart Cofthis part,granteesmayselectanyofthethree definitions listed below foreach activity,exceptthat integrally relatedactivitiesofthe same typeand qualifying underthesame paragraph of 570.208(a)shallusethesame definition of income.The option to choose a definition does notapplyto activities that qualify under570.208(a)(1)(Area benefit activities),except when the recipientcarriesoutasurveyunder 570.208(a)(1)(vi).Activities qualifying under570.208(a)(1)generallymust use thearea income data supplied torecipientsbyHUD.The three definitions are as follows: (i)Annual income as defined undertheSection8HousingAssistancePaymentsprogramat24CFR 813.106 (except thatif the CDBG assistance being provided ishomeowner rehabilitation under 570.202,thevalueofthehomeowner's primary residence maybe excluded fromanycalculationofNetFamilyAssets);or Estimate the annual incomeofafamilyorhouseholdbyprojectingtheprevailingrateofincomeof each person atthetime assistance is provided forthe individual,family,orhousehold(asapplicable). Estimated annual income shallincludeincomefromail family orhousehold members,asapplicable.Income or asset enhancement derived from the CDBG-assisted activity shallnotbe considered incalculatingestimated annual income. Low-and moderate-income household means a household havinganincome equal toorlessthanthe Section 8low- income limit established byHUD. Low-and moderate-Income person means amemberofa family havinganincomeequaltoorlessthanthe Section 8low- income limit established by HUD.Unrelated individuals will beconsideredasone-person families for this purpose. Low-income household means ahouseholdhavinganincomeequaltoorlessthantheSection8verylow-income limit established byHUD. Low-income person means a member ofa family that hasanincome equal toor less thanthe Section 8verylow-income limit established byHUD.Unrelatedindividualsshallbeconsidered as one-person familiesforthispurpose. 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 { \beby mail,fax,oremail.Itmustbe clearly evidenced thatitwas received from thesource.? Income Limits for Fiscal Year 2015-16 (Effective 03/06/2015} ^H^Extrjemely Lovyi #U> ^^?^P^^Mfed!a'ri)^^ '$r;}^kj;tyefyMw;'*$.-'::,• ^:l^{^^=Media1flS:>^ 1 $14,250 $23,700 $37,950 2 $16,250 $27,100 $43,550 3 $20,090 $20,090 $48,750 4 $24,250 $24,250 $54,150 5 $28,410 $28,410 $58,500 6 $32,570 $32,570 $62,850 7 $36,730 $36,730 $67,150 8 $40,890 $40,890 $71,500 Warning:We 18,US Code Section1001,states that a personwhoknowinglyand willingly makes falseor fraudulent statements toany Department or Agency oftheUnited States isguiltyofa felony.Statelav/mayalsoprovidepenaltiesforfalseor fraudulent statements. r*3££d This material Is availableinanaccessible format uponrequest. 2 of 2 CD/17/51712/V3 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT List of Persons Assisted (Public Service) Supplement to Quarterly Expenditure and Progress Report Date: RecipientName:Activity Name: IDIS Number: :••••;;..-.•''S:-*:*-ReponihglBfiHod:"•.'.•:•'i'-h?rf':-: 1st Quarter fJan-Mar]• 2nd Quarter (Apr-Jun]• 3rd Quarter [Jul-Sept]• 4th Quarter [Oct-DecJ/Annual Report n 1.Persons Assisted 2.Status 3.Address 4 &5.NRSA http!//fiiswebjritamidade6ov/CommuniWServ'rps/ Last Name First Name New Existing House Number Direction Street Name Street Type Lives ina NRSA?Name of NRSA JO 11 15 • • • • • • • • • • • a • • • • • • • • • • • • • • • • INSTRUCTIONS 1.Fid innameoftheperson for which Public Services were provided. 2.Enter a check mark in Ihe column that matches theperson'sstatus [New-or-Existing]. 3.Enterthe complete addressofthepersonassisted,e.g.,House Number,Direction,StreetName,6V Street Type. 4.EnterYesorNoasapplicableifthe person lives In oneoftheNRSAs. 5.Ifyes,view NRSA mapal http://gisweb.miamidade.gov/CommunityServices/to delermtne correct NRSA location and \ Opa-Locka.Perrine,South Miami,West Little River,BiscayneNorthorCutlerRidge. Warning;Title 18,US Code Seclion 1001.slatesthata person who knowingfy and willingly makes(elseor fraudulent statements toanyDepartment or Agency of the United Statesis guilty ofa felony.State law may also provide penalties lorfalseor fraudulent statements. ,.,...This material is available inan accessible .'ormel upon request.Page)|of |[ Yes• YesD Yes• YesD YesD YesD Yes• Yes• •y« YesD YesD D Yes YesD D Yes D Yes No• Qno Qno •No No• No• No• Noa QNo •No No• Noa No• No• •No I inthenameofthe NRSA:Goulds,Leisure City,Melrose,Model City, CO/23/12513/V3 •Ki;;iS>H^»-MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS:Per 24CFR Part 58,the purpose ofthe environmental review procedures is to foster the implementation of environmentally compatible activities.Asa grant or loan recipient,Miami-Dade County will not fund projects that willnegatively impact clients, communities,or the environment Parti.AGENCY AND PROJECT DETAIL 1.Indicate Funding Source: •CDBG •HOME •HOMELESS (SRO/SHP)Q EDI 2.Indicate Fiscal Yeah FY 20' 3.Name of Subrecipient/Agency: 4.Nameof Proposed Activity: D HOPE VI •NSP ATTACH-K€-ivr D 5.Location (Address with City,ST andZip)of Activity or Project:-- 6.Site Folio Number(s): 7.Commission District(s): 8.Direct Contact informationofloan/grantrecipient: Name: Address: City:State:Zip: Phone:Fax: 9.Detailed description ofactivityorproject: 10.Whatisthepurposeofthe activity orproject?For example,PublicService,Economic Development,Historic Preservation,CapitalImprovement,Housing,etc. 11.What isthe status of activity or project?For example,Pre-Deveiopment Phase, Rehab/Construction Underway,Rehab/Construction Completed,etc. Part II.PROJECT OUTCOME Will the activity or project result inthe following? YES NO 1.Change in use 2.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.) 7.Displacement of persons,households or business 8.Increase in population wor-kingorlivingon site 9.Land acquisition 10.Activityin 100-year fioodplain 11.Anew nonresidential use generating at least 1,375,000- gallons of water or 687,500 gallons of sewage per day. 12.Userequiringoperating permit (i.e.for hazardous waste, pretreatment ofsewage,etc.) 13.A sanitary landfillor hazardous waste disposal site 14.Tree removal or relocation 15.Street improvements 16.Theimpoundingofmore than 10 acre feet of water (e.g. digging a lake or diverting or deepening ofa body of water). Part III.SITE SPECIFIC INFORMATION 1.Land Use: Describe theexisting and proposed landuse: •Existing? Proposed? Does the site have any known contaminants? D YES DNO •If thereare known contaminants,hasaPhaseIaudit been completed?If yes,acopy of Phase I Environmental Audit certified to Miami-Dade Countymustbe submitted to determine the likely presence of either a release or threatened release of hazardous substance. DYES DNO 2.Site Plan: Does the proposed activity includeanewstructure(s)orsiteimprovementsonasiteofone (1)acre or more? •YES •NO If yes,a site plan must be provided.Proiect(s)will not be environmentally reviewed without a site plan. 3.Photographs: Does the activity include new construction,renovation or rehabilitation? O YES •NO If yes, photographsmustbe provided ofeachside (front,rearandsides)ofthestructure(s) proposed for assistance andthe buildings onthe adjacent lots.Thephotographsshallbe identifiedby address.In addition,provide for each existingstructureonthesite,the following information: •Existing structure(s)onsite?Q yrfS •NO •Estimated age of structure(s)? 4.Value of Improvements: Does the proposed activity include rehabilitation orrenovationof structure(s)? DYES •NO f If yes,whatisthe estimated costof rehabilitation orrenovation?' What isthe amount sought forfunding? In addition,indicate ifthe estimated value ofthe improvement represents: D 0 to 39.9percentofthe market valueofthestructure(s) •40to49.9percentofthe market value ofthe structure(s) •50to74.9percentofthe market valueofthestructure(s) •75 percent ormoreofthemarketvalueofthestructure(s) 5.Phase I Environmental Audits: Does the proposed activityinvolvethetransferofanyproperty,newconstruction,major renovations of 75%or more of the structures'market value,or a securing ofa loan for nonresidential parcel? •YES D NO If yes,acopyof Phase I Environmental Auditcertifiedto Miami-Dade County must be submitted to determine thelikely presence of either a release or threatened release of hazardous substance. An audit isa review ofa site and adjacent properties and involves preparing a history of ownership,land use and zoning forthelast50 years,researching environmental records for information on hazardous waste sites,hazardous facilities,solid waste/landfill facilities and underground storage tanks (availablethroughtheDepartmentofPermittingEnvironmentand Regulatory Affairs (DPERA),Florida Department of Environmental Protection(FDEP)and U.S.Environmental Protection Agency (EPA));and site inspection for physical evidence of contamination such as damaged vegetation or stains inthesoil. Has a Phase I been performed? 6,Environmental Health Information: DYES D NO •Ifa residential site,and theactivityincludesorinvolvesrehabilitation,has it been inspected for defective paint surfaces? •YES Q NO If yes,please submit the results. •Have any child under the age ofsixatthesite been tested for elevated levels of lead inthe body? D YES DNO if yes,please submit the results. 7.Other Site Information: YES NO 1.Flood insurance required? 2.Public water available on site? 3.Public sewer available on site? 4.Children under 6 years of age residing on siteor relocating tosite (including day care facility)? 5.Hazardous waste disposal facility? 6.Storage of hazardous materials on site? 7.Abandoned structure(s)on site? Part IV.SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1.Forall projects:Submit street/plat maps thatdepictlocationofpropertyinthe County and/orCity with the location orlotclearly pointed out. 2.For new construction projects:Submit a scope of service,an itemized budget,andasiteplan. 3.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 photograph of the property. 4.For historic proprieties,include:Submit photographsoftheproperty,andadescriptionofany adjacent historicpropertiesthat may be affected byyouractivity. PartV.CERTIFICATION I certify to the accuracy of the information provided.I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects,i clearly understand that any omitted and/or incorrect information will delay the initiation of the environmental review process by the PHCD staff.As such,I am aware that omitted information could delay the commencement of my organization's project.I understand all approved environmental reviews are valid for one (1)year maximum. Print Name Signature Title Name of Organization orCorporation Date Unless otherwise indicated,return completed form and attachments to: Project Management Division Public Housing and Community Development 701NW 1st 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 AffordableHousing Pre-Dev. Capital Improvement Handicapped Access Public Facilities Infrastructure X X X1 X X1 X X1 X2 X Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Typeof Publication No Public Notice/No RROF No Public Notice/No RROF No Public Notice/No RROF (No Statutory Requirement Triggered) Qr Publish NOI/RROF (Statutory Requirement Triggered) Publish FONSI and NOI/RROF Estimated Time Frame (Excluding Triggered Statutes) 30-45 Days 30-45 Days 45-90 Days X1 Ufor continueduseand change indensity(orsize)oflessthan20% X2 Change in density (or size)of more than 20% *Exempt **CENST CEST EA Exempt Activities Categorically Excluded and Not Subject to 58.5 Categorically Excluded Subject to 58.5 Environmental Assessment (Format II) CD/43/31413 90 Days Minimum ^£ PUBLIC HOUSING ANDCOMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS 5°l -6WW Federal Employer Identification Number (FEIN) &f /plA /UllX^x' A)Nany of Enflly,IntKvidual(s).Partners or Corporation Sir) Uniform Affidavits Oun&Bradslreet Number (O-U-N-S*) 8)Doing Business As (If same as line A,leaveblank) >lfeelAddress {P.O.Box Number isnot permitted)City State (U.S.A)Country ZipCode 1 MAMhOAbE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec 28.1 ofthe Miami-Dade CountyCode) FirmsregisteredtodobusinesswithMiami-DadeCounty,shali require thepersoncontractingortransactingsuchbusinesswith the County to discJose underoathhisor her full legalname,andbusiness address.Suchcontractortransactionshallalsorequire thedisclosureunderoathofthe full legalnameandbusiness address of ail individuals having anyinterest (legal,equitable. beneficial orotherwise)inthe contract otherthansubcontractors,materialmen,-suppliers,laborersorlenders.Postofficebox addresses shallnotbeaccepted hereunder.If thecontractor business transactionis with acorporationthe foregoing information shall be providedfor each officer and directorandeach stockholder holding,directly oi Indirectly,five(5)percent ormoreof the outstanding stockin the corporation,if the contractor business transactioniswithapartnership,theforegoing Information shall beprovidedforeach pattner.Ifthecontractorbusiness transaction is vrith atrust,the foregoing information shallbe provided for the trustee andeachbeneficiary of the trust.Theforegoingdisclosurerequirementsshallnot3pplytocontractswith public^- traded corporations,ortocontractswiththe United States oranydepartmentoragencythereof,theStateorany political subdivision or agency thereof,oranymunicipalityof this State.Use duplicate page if needed for additional names. ft no officer,director orstockholder owns (5%)ormore of stock,please write "None"below. PRINCIPALS \ FULL LEGAL NAME TTTLE ADDRESS * OWNERS I CHECK BOXES BELOW |1 AODRESS GENDER RAPE/ETHNICITY* • FULL LEGAL NAME TITLE & X <0 ft Ul O o M F I « CO m o c IS Q. r i a.^ n If .2$q //a percentageofthe firm isownedbyapubliclytradedcorporation,indicate befow inthe space 'OtherColorations*. OTHER CORPORATIONS - J .J-- Pagel of 9 CD/42/31413 ^ PUBLIC HOUSING ANDCOMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits 2.MIAMI-DADE COUNTY EMPLOYMENT D/SCLOSURE AFFIDAVIT (County Ordinance No.90-133,amendingSeclion2.8-1(d)(2)ofthe Miami-Dade CountyCode) The following information Is for compliance withall items inthe aforementioned Section: 1.Doesyour firm havea collective bargainingagreementwithitsemployees?Yes 2.Doesyour firm providepaidhealthcarebenefits for itsemployees?Yes No No 3.Providea current breakdown (number of persons)in your firm's workforceindicatingrace.i^ationaJ originand gender. NUMBER OF EMPLOYEES Males Females White 8lacK Hispanic Asian /Pacific Islander Native American /Alaskan Native Other Total Number of Employees I Total Employees 3.MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (Section 2-8.1.2(b)oftheMiami-DadoCountyCode) All persons andentities that contractwithMiami-DadeCountyarerequiredtocertifythat they willmaintainadrug-free workplace andsuch persons andentities.arerequiredtoprovidenoticetoemployeesandimposesanctionsfordrug violations occurring in the workplace. In compliancewithOrdinanceNo.92-15 oftheCodeof Miami-Dade County,theabovenamed firm is providing adrug-free workplace.A written statement to each employee shall Inform theemployeeabout: t.Dangerofdrug abuse inthe workplace 2.Thefirm'spolicyofmaintaininga drug-free environment at ali work places 3.Availabilityofdrug counseling:,rehabilitationand employee assistance programs 4.Penalties that may be imposed upon employees fordrug abuse violations The "firm shallalsorequirean employee tosigna statement,asaconditionof employment thatthe employee willabidebythe termsofthedrug-freeworkplacepolicyandnotifythe employer ofany criminal drugconvictionoccurringno later than live (5) days after receiving noticeofsuch conviction andImpose appropriate personnel action againsttheemployeeuptoand including termination.Firms may alsocomplywiththe County's DrugFreeWorkplace Certification whereapersonorentityisrequiredto . havea drug-free workplacepolicybyanotherlocal,state or federal agency,ormaintains such apolicyof ils ownaccordandsuch policy meets theintentof this ordinance. 4.MIAMIDADE COUNTY DISABILITY AND NON-DISCRIMINATION AFFIDAVIT (Article 1,Section 2-5.1.5 Resolution R-162-00 AmendingR-385-95 ofthe Miami-Dade CountyCode) Firmstransacting business withMiami-Dade County shallprovideanaffidavit Indicating compliance withallrequirementsof the Americans withDisabilities Ad (A.D A). t,slatethatthisfirm,isincompliancewithand agrees tocontinuetocomplywith,and assure that any subcontractor,orthirdparty contractor shallcomplywithallapplicablerequirementsof the laws Including,butnotlimited1o.those provisions pertaining to employment,provisionofprogramsand services,transportation,communications,access to facilities,renovations,andnew construction. The American with Disabilities Act of1990 (A.D.A.),Pub.L101-336,104 Stat 327,42 U.S.C.Sections 225and 611 Including Titles I,II,lit,IV and V. The Rehabilitation Act of 1973,29 U.S.C.Section 794 The Federal Transit Act,as amended,49 U.S.C.Section 1612 The Fair Housing Actasamended,42U.S.C.Seclion 3601:3631 Page 2of9 CD/42/31413 HlAHl-DAOil £32ffi»SBF PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENTS AFFIDAVITS Uniform Affidavits I.hereby affirm that I am incompliance withthe below sectbns: Secfion 2-10.4(4)(a)oftheCodeof Miam'hDade County (Ordinance No.82-37),whichrequiresthatall p/operiy licensed architectural,engineering,landscape architectural,andlandsurveyors have anaffirmativeactionplanon file withMiami-Dade County Section 2-fl,1,6 oftheCodeofMiami-Dade County,whichrequiresthatfirmsthai have annualgrossseventies In excess of Five (5)million dollars haveanaffirmativeactionplanandprocurementpolicyon file with Miami-Dade County.Finns thai have a Board of Directors (hat are represeniath/e ofthe population make-upofthenation maybe exompt. 5.MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Section 10.38 of the Miami-Dade County Code) Firmswishingtodo business with Miami-DadeCountymust cerb'fy thatit'scontractors,subcontractors,officers,principals, stockholders,oraffiliatesarenotdebarredbytheCountybeforesubmittingabid. I.*confirmthat none ofthisfirms agents,officers,principals,stockholders,subcontractorsortheir affiliates are debarredbyMiami- Dade County. 6.MIAMIDADE COUNTY AFFIDAVIT RELATING TO INDIVIDUALS AND ENTITIES AlTESTfNG BEING CURRENT INTHEIR OBLIGATIONS TO MIAMFDADE COUNTY (Ordinance 99-162,amendingSection 2-8.1;Ordinance 00-30.amendingSection2-8.1(c),and Ordinance 00-67,amending 2-5.1 (h),of theMiami-Dade County Code)> Firms wishing totransact business withMiami-DadeCounty must certifythatall delinquent andcurrentlydue fees,taxes and parkingticketshave been paidandno individual orentityinarrearsinanypaymentundera contract,promissorynoteorother document with the County shall be allowedtoreceive any new business. I,confirmthatalldelinquentandcurrentlyduefeesortaxes Including,butnotlimitedto,realandpersonalpropertytaxes, convention andtourist development taxes,utilitytaxes,andLocal Business TaxReceiptcollectedinthenormalcoursebythe Miami-Dade County TaxCollectorandCountyIssued parking ticketsfor vehicles registered In the name oftheabove firm,have been paid. 7.MIAMI'DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT (Article 1,Section2-8.1(i)ofthe Miami-Dade CountyCode through (6)and(9)oftheCountyCodeandCountyOrdinance No 00-1 amending Section 2-11.1(c)oftheCountyCode) Firmswishingtotransact business withMiami-DadeCounty must certify that ithas adopted aCode that complies wllh the requirementsofSection 2-8.1 oftheCountyCode.TheCodeofBusiness Ethics shallapplytoallbusinessthatthe contractor doeswiththeCountyand shall,-at a minimum:requirethe contractor tocomplywith all applicable governmentalrulesand regulations. I confrrm thatthis firm hasadoptedaCodeofbusiness ethics whichcomplieswiththe requirements ofSections2-6.1ofthe CountyCode,andthatsuchcodeof business ethicsshall apply toallbusinessthat this firm doeswiththeCountyandshall,ata minimum,requirethecontractortocomplywithall applicable governmentalrulesandregulations. $.MIAMLDADZ COUNTY FAMILY LEAVE AFFIDAVIT (ArticleVofChapter11,ofthe Miami-Dade CountyCode) Firms contracting businesswith Mlaml-Dade County,whichhavemorethan fifty (50)employees foreach working day during eachof twenty (20)or moreworkweeks In the current or preceding calendaryear,are required to certify thatthey provide family I leave totheir employees.I Firms with less than the number of employees indicated above areexempt from this requirement but must indicate by letter j (signedbyanauthorizedagent)thatitdoesnothavethe minimum numberofemployeesrequiredbytheCountyCode.! i confirm that if applicable,this firm complies with Article Vof Chapter 11 ofthe County Code,which requires that firms | contracting"businesswith Miami-Dade County which have more than fifty (50)employees for each working day during eachof twenty (20)ormore wonV weeksinthe current or preceding calendar yearare required tocertifythatthey provide family leaveto j Page 3of9 CD/42f*31413 MiAril-DADEj PUBLIC HOUSING ANDCOMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits their employees. 9.MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT (Section2-8.9ofthe c/Vie Miami-Dade CountyCode) AH applicable contractors entering imo a conlracl wiih the Couoly shall agree lo paythe prevailing fiving wage required bythis section of ihe County Code. I confirmthatif applicable,this firm complieswithSeclion2-8.9oftheCounly Code,winchrequiresthatallapplicableemployers enteringacontractwith Miami-Dade Countyshallpaythe prevailing living wage required bythesectionoftheCountyCode. 10.MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT (Ariivfo 8,Section 11A-60-11A-67oftheofthe Miami Dade County Code) Rrms wishingtotransact business with Miami-Dade Countymustcertifythat il isincompliancewith ihe Domestic Leave Ordinance. 1confirmthatifapplicable,thisfirmcomplieswiththeDomesticLeaveOrdinance.Thisordinanceappliestoemployersthat have, intheregularcourse of business,fifty (50)ormore employees working in Miami-Dade Countyforeach working day during the currentor preceding calendaryear. 11.MIAMI-DADE COUNTY CRIMINAL RECORQ AFFIDAVIT (Section2-8.6ofthe Miami-Dade CountyCode) Theindividualorentityenteringintoacontractorreceiving funding from theCounty _ thisaffidavit been convictedofafelonyduringthepastten(10)years. Anofficer,director,or executive ofthe entity enteiing intoacontractorreceivingfundingfromtheCounty J has ^has notasofthisdate been convicted ofafelonyduringthepastten (10)years. c2/.dayof has.has not as of the date of Sworn to and subscribed before me this. Personally known Or produced identification r (Typeof identification) .Notary Public-State of ^L^U^j^l^y My commission expires (s(^r <(*'^^V/ £)-G):"itc/fl typed or stamped commissioned nameof notary public) Page 4of9 CD/42/31413 gQjQHBpr PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACH/WENT E AFFIDAVITS Uniform Affidavits SWORNSTATEMENTPURSUANTTOSECTION 287.133 (3)(a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THISFORMMUSTBESIGNEDANDSWORNTOINTHEPRESENCEOFA NOTARY PUBLICOR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.. L-This form statement is submitted to MiCLMi-OcJi (2 (Printindividual'sname ahd title)(Printindividual's name ahd title) for Ui^L of Aftfhn /U>6-n> (Printnameofentitysubmittingsworn statement) whose business address is /tf/3*t§sh9(7~0*^1 Mid,fin tJ ft %${*-?3 and if applicable its Federal Employer Identification Number (FEIN)is Sl-Sw^ty mIf the entity has noFEIN,includethe Social SecurityNumberofthe individual signingthissworn statement 2.-I understandthata "public entity crime"as defined In paragraph 287.133 (1)(g),Florida Statutes,meansa violation of any state orfederallawbyapersonwithrespect to.anddirectlyrelatedtothe transactions of business with any public entity or with an agency or political subdivision of any other stateor with the United States,including,butnot limited to any-bid orcontract for goods orservicestobe provided to public entityor agencyor political subdivision ofanyother state orofthe United Statesand involving antitrust,fraud,theft, bribery,collusion,racketeering,conspiracy/or material misinterpretation. 3.-1 understand that "convicted"or "conviction"asdefinedinParagraph287.133 (1)(b),Florida Statutes,means afindingofguiltoraconviction of apublicentitycrime,withorwithoutanadjudicationofguilt,inafederalor statetrialcourtofrecordrelatingto charges broughtby indictment or information afterJuly 1,1989,asaresult ofajuryverdict,non-jury trial,or entry ofapleaof guilty ornolocontendere. 4.-1 understand thatan "Affiliate9 as definedinparagraph 287.133 (1 )(a),Florida Statutes means: a)A predecessor or successor ofapersonconvictedofa public entity crimeor; b)Anentityunderthecontrol of anynaturalpersonwhoisactiveinthe management oftheentityandwho has been convictedofapublicentitycrime.Theterm "affiliate"includes those officers,directors, executives,partners,shareholders,employees,members,and agents who are activeinthe management ofan affiliate.Theownershipbyonepersonof shares constitutinga controlling interest \n another person,orapoolingof equipment or incomeamong persons whennotforfairmarketvalue underan arm's length agreement,shallbea prima facie case thatonepersoncontrolsanotherperson. Apersonwho knowingly enters into ajointventure with apersonwhohasbeenconvictedofa public entitycrimein Florida duringthe preceding 36mothsshallbeconsideredan affiliate. 5.-1 understand thata "person"as definedin paragraph 287.133 (1)(e)f Florida Statutes,means anynatural personorentityorganizedunder the Jaws ofanystaleoroftheUnited States within thelegalpowertoenter intoabinding contract andwhich.bidsorappliestobidoncontractsforthe provision ofgoodsor entity.The term "person*includes those officers,executives,partners,shareholders,employees,members,and agents who are active in management of an entity. PageS of 9 CD/42/31413 PUBLIC HOUSING ANDCOMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits 6-Based oninformation and belief,the statement which I have marked belowis true inrelationto ihe entity submittingthis sworn statement.(Please indicatewhich statement applies) Neither theentity submitting sworn statement,noranyofitsofficers,directors,executives,partners, shareholders,employees,members,oragentswhoareactiveinthemanagementofthe entity,norany affiliate oftheentity has been charged withandconvictedof 3 publicentitycrime subsequent toJuly 1,1989. Theentitysubmittingthisswornstatement,oroneormoreofitsofficers,directors,executives,partners, shareholders,employees,members,or agents who are activeinthe management oftheentity,oranaffiliateof theentity,or an affiliateoftheentityhadbeen charged wilh,andconvictedofapublicentitycrime subsequent to July 1,1989.AND (please indicatewhichadditionalstatementapplies). The entity submittingthis sworn statement,orone oi more ofitsofficers,directors,executives,partners. shareholders,employees,members,or agents whoareactiveinthe management ofthe entity,noranyaffiliate oftheentity has been charged with and convicted ofapublicentitycrime subsequent proceeding before a Hearing Officer ofthe State ofFlorida,DivisionofAdministrative Hearings and the Final Order entered bythe Hearing Officerdeterminedthatitwasnotinthe public interesttoplacetheentity submitting thissworn statement on the convicted vendor list,(attach acopyofthefinal order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE ISFORTHATPUBLIC 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 OF THE.THRESHOLD AMOUNT PROVIDED IN SECTION-287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE INJ>IE-fWFORMATION CONTAINED INTHISFORM.^^^_ Sworn to and subscribed before me this Personally known Or produced identification, (Typeofidentification) ->/..dayof mNotary Public-State of ^UM^^^ .My commission expires dsCLp^/&--<:^y ' tyi/K Z> ltYj^ :ed,typedorstampedcommissionednameof nolary public) Page 6of9 CD/42/31413 HlAM!-t)AE£l S^aa*?public housing and community development (phcd) ATTACHMENT E AFFIDAVITS Uniform Affidavits AFFIOAVIT OF FINANCIAL AND CONFLICTS OF INTEREST 1.-Doyou have any past due financial obligations with Miami-Dade County? YES NO Single Family House Loans Multi-Family Housing Rehab CDBG Commercial LoanProject U.S.HUD Section 108 Loan (/T~ Other HUD FundedPrograms v/ Other (liens,fines,loans,occupational licenses,etc.)^ IfY£Sr please explain: 2.-Doyou have any past duefinancialobligationswith Miami-Dade County? YES NO v IfYES,please explain: 3.-Areyoua relative ofordoyou have any business or financial interestswithanyelectedMiami-DadeCounty official,Miami-DadeCountyEmployee,orMemberof Miami-Dade County'sAdvisoryBoards? YES NO_V If YES,please explain: Anyfalse Information providedjojaJbis-agfdavit will bereason for rejection and disqualification of your project-funding requestto Miomi-Dade County Theanswersto tKalocegofng questions are correctly slatedto the bestofmyknowledgeandbelief.\esperu By:"" ^Applicant)*\(Date) /?iflSworntoandsubscribedbeforemethis^Pv day of L£te£i^*>r 20 '-^\ Personally known -^^ (date) Or produced identification Notary Public-State of (/cS^u^J^OLJ My commission expires r (^^/<£,^&// (Type ofidentification)_^^ft /)/ typedorstampedcommissionednameofnotarypublic) 7 of 9 CD/42/31413 {KISS?PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENTE AFFIDAVITS Uniform Affidavits COLLUSION AFFIDAVIT (Code of MJamhDade County Section 2-8.1.1 and 10-33.1)(Ordinance No.08-113) ,)fjylU'\J<filfalrdjL/who being dulyBEFOREME,A NOTARY PUBLIC,personally appeared . sworn states:'(insertnameof affiant) iamover18yearsofage,have personal knowledge ofthe facls stated in this affidavit and I am an owner,officer,director,principal shareholder and/or I am otherwise authorized to bind thebidderof this contract. state thai the bidder of this contract: isnotrelatedto any oftheotherparlies bidding inthecompetitivesolicitation,andthatthe contractor'sproposalisgenuineandnotshamor collusive ormadeintheinterestoronbehalfof anypersonnot therein named,andthatthe contractor hasnot,directly or indirectly,inducedor solicited anyotherproposertoputinasham proposal,oranyotherperson,firm,or corporation to refrain from proposing,andthattheproposerhasnotinanymannersoughtby collusion tosecure tothe proposer an advantage over any other proposer. OR Q isrelatedtothe following partieswhobidinthe solicitation whichare identified andlisted below: Note:Any personor entity that fails tosubmitthisexecuted affidavit shallbe ineligible forcontract award.Inthe event a recommended contractoridentifiesrelated parties in .the competitivesolicitationits bid shallbepresumedtobe collusive and the recommended contractorshallbe ineligible for award unlessthatpresumptionis rebutted by presentation ofevidenceastotheextentof ownership,control and management ofsuchrelated parties in the preparation andsubmittalof such bidsor proposals. Relatedpartiesshallmeanbiddersorproposersorthe principals,corporate officers,andmanagers thereof whichhaveadirectorindirectownershipinterestin another bidderor proposer forthesame agreement or in which a parent company or the principals thereof of one (1)bidder or proposer havea direct or indirect o^perSfiifTinterest In another bidder or proposer for the same agreement.Bids or proposals foundjkftle collusive shall be rejected. 7 *J/20•/jr->tj^y Signature ofAffiant Date Printed Name ofAffiantandTitle Federal Employer Identification Number f PrinterPrinted Name of Firm fat***Slhfr+DnWe ,HAiCimiXPL^Ml 1 Address ofFirm Page 8of9 CD/42/31413 (SMI"PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits /}SUBSCRIBED AND SWORN TO (or affirmed)before me this<s?/day of UJJ^^d/J^ J^e/She is personally known tomeorhaspresented identification. JMMd-VML&LpSignalure/bf Notary,*-) Printor Stamp Name ofNotary NotaryPublic -State of. Page 9of9 Type of identification ~Stria!Number Expiration Date Notary Seat as CD/42/31413 DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES, FEES AND PARKING TICKETS HAVE BEEN PAID (Section2-8.1(c)ofthe Code ofMiami-DadeCounty,asamendedbyOrdinanceNo.00-30) and THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY (Section 2-8.1(h)ofthe Code ofMiami-DadeCounty,as amended by Ordinance No.00-67) ^Jp^J>nfattrtCU/',being first duly sworn,hereby state and certify that the foregoing statements are Uue and correct: 1.Thai I am the Developer (if the Developer is an individual),or Ihe ^^[U Jl^jCUi,c^^{y{f\\\in the title of the position held with the Developer)of the Developer.~J <J 2.ThattheDeveloper has paidall delinquent andcurrentlyduefeesor taxes (includingbutnot limited to, real and personal property taxes,utilitytaxes,and occupational taxes)collected inthenormal course by theMiami-Dade County Tax Collector,andCountyissuedparking tickets for vehicles registered inthe name ofthe above developer,have been paid. 3.That the Developer isnotin arrears in excess of ihe enforcement threshold under anycontract,frnal non-appeasable judgment,orlienwith Miarni-Dade County,oranyofits agencies or instrumentalities, includingthePublicHealthTrust,either directlyor indirectly througha firm,corporation,partnershipor jointventure in whichthe Devetoper hasa controlling financial interest,For purposes hereof,theterm "enforcement threshold"means any arrearage underany individual contract,non-appeal ablejudgment, orlienwith Miami-Dade County that exceeds $25,000 and has been delinquent for greater than180 days.For pux^esSerTiereof,theterm "controlling financial interest"means ownership,directly or indirecjlyr^ften percent or more ofthe outstanding capital slock in any corporation,oradirector \npfr$ct interest of ten^&fcent or more in a firm,partnership,orotherbusiness entity. xi/^P/.20 /4i£d±f Tature of Affiant «Date ited Nameof Affiant afid Title/Federal Employer Identification Number Printed Name of Firm Address of Firm SCRIBED AND SWORN TO (or affirmed)before me this ^v day of (A.&Ljij^,20 /S By ^yrr°UPo &faj#)9^^c/>^.,He/She is personally known to me or has presented ..as identification. Serial Number 7W?p(^v>-#<?•St.So/? PrintorStampNameofNotary .ExpirationDate Notary Public-Stale of (rfCfalrfUk-Notary Seal Miami-Dade County Contractor Due Diligence Affidavit Per teiami-Oade County Board ofCounty Commissioners (Board)Resolution No.R-63-11 County Vendors and Contractors shall disclose Ihe following asa condition of award for any conlracl that exceedsone million dollars ($1,000,000)or thai otherwise mustbe presented lo Ihe Board for app/oval: (1)Provide a list ofall lawsuits in the five (5)years prior (o bid or proposal submittal thai have been tiled against ihe firm,ils direclojs,partners, principals and/or board members based on a breach ofconiract by the firm;Include the.case name,number and disposition; (2)Provide a list of any instances m (he five (5)years prior lo bid or proposal submillal where ihe firm has defaulted;include a brief description of the tircumslances; (3)Provide a lis*of any instances In the five (5)years prior to bid or proposal submittal where the firm has been debarred or received a formal notice of non-compliance or non-performance,such asa notice lo cure or a suspension from participating orbidding for contracts,whether related to Miami-Dade Countyornot. All of the above Information shall be attached lo the executed affidavit and submitted lothe Procurement Contracting Officer (PCO)/AE Selection Coordinator overseeing this solicitation.The Vendor/Contractor attests to providing all olIhe above information,ifapplicable,lo Ihe PCO. Cont/ad No.; Contract Title:SIa)Itl*SfrAJ^f Federal Employeri-eaeraitmproyer >-^/****•>/Identification Number (FEIN):?/~(#0(JO Y3/ Pooled Name ofAffianl % Heme of Firm $hn <fohS&Qfov*-i Mi**<s f*L Dale Addressof Rrni Notary Public-Slate of -te^&j Subscribed and sworn fo [or affirmed)before me IWs by SffUfiA QflAClMU Heor Type of Identification produced _, Pijnt orStamp of Nolary Public 272014 Slate NotaryPublicInformdthn ^MLL Zip Code County of //^^2>*0{S/»•—'<-*= ^V ,<feyof,U&JudL^—20 /S ±ej^ sheIspersonally known tome 0"*"^or has produced Identification U*:&Vl eioiRES1 OcloWr \»,201/\\ 4 ,£>/?. Expiration Date Mi AM)DADE H3sna Applicant: Co-Applicant: E-ma.iAddress:jkorth@soulhmiamifl.gov PUBLIC HOUSING AND COMMUNITY DEVELOPMENT ETHICS DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS City Of South Miami Mailinn 6130 Sunset Drive,Souih Miami,FL N/A Mailing Address: Zip Code Telephone: 33143 305-668-2514 TheMiami-DadeCountyConflictofInterestandCodeofEthicsatSec.2-11.1(c)(5)(5)allowsCountyEmployeesandtheir immediatefamily members to applyfordirect housing assistance programs from the County's PublicHousingand Community Development department (PHCD)ifthey meet certain conditionsandifthefollowingcriteriaaremet.Checkifanyofthe following applies toyou: Please mark the PHCD Program you are applying for: O Section8 Housing ChoiceVoucher (HCV) Q Project-BasedVoucher (PBV) Q Veterans Affair SupportiveVoucher (VASH) Q ModerateRehabilitation Q Substantial Rehabilitation •ShelterPlusCare (S+C) D Public Housing Rental D Tenant-Based RentalAssistance (T8RA-maximum 2years) O Home-ownership Program(Second Mortgages) D Home-owner Rehabilitation Program Q Home-owner Beautificahon Program (Z)Other (please list):£55^ Mark the typeof participation youare seeking forthe program markedabove: •Owner/Landlord •Housing Assistance Applicant 0 l/we donotcurrentlyworkfor Miami-Dade County. pn l/we am/are a School Board or Federal Employee.These employees are notcovered under Section 2-11.1 of u the Miami-Dade County Conflict of Interest and Code ofEthics Ordinance. IFYOU MARKED BOXES 3 OR 4,NO FURTHER ACTIONIS NEEDED.THE PHCD REPRESENTATIVE MUST PLACE THIS FORM IN APPLICANTS FILE. l/we am/are aMiami-Dade County Employee (including Jackson Public Health Trust Employees). 5.Q Please provide thedepartmentand division you are working for: e.a 7-D l/we am/are an appointed or elected County Official l/we am/are 'immediate familytoaMiami-DadeCounty employee,appointed or elected official. (*)lmmediate family isdefinedasspouse,domesticpartner,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: IF YOUMARKEDBOXES 5?6,or 7,THEAPPLICANTMUST OBTAIN THE REQUEST FOROPINION APPLICATION AT http://ethic$.mramldade.qov/frequent!v-used-forms.asp.THE APPLICATION MUST BE FULLY COMPLETED AND SENTTOTHECONTACT PERSOJ*JNfi*CATED. Signature of Applicant: Date:^-8/20/2015 Signature of Co-Applicant:Nfa Warning:Title 16,US Code Section 1001,stales thai a person who knowingly and willingly makes false or fraudulent statements to any Department orAgency ofthe United Statesis guilty ofa felony.Slate lawmay alsoprovide penalties for false orfraudulent statements ALC/AM/CA/CD/1/62414/V4 South'Miami THECITYOF PLEASANT LIVING DISCLOSURE.AROUT RELATEDPARTIES August 20.2015 THERE ARE NO BOARD MEMBERS OF THE CITY OF SOUTH MIAMI WHO HAVE ANY RELATIONSHIP PR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT INA CONFLICT WITH THE CITY OF SOUTH MIAMI OPP.R ATIONS City of South Miami j 6130 Sunset Drive |South Miami,FL 33143-5093 305.663.6338 |southmiamifl.gov CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans fl»d Cooperative Agreements The undersigned certifies,tothebestofhisorher knowledge andbelief,that: 1.3\To Federal appropriated funds have been paid or will be paid,byor on behalf of the undersigned,toanypersonfor influencing or attempting toinfluenceanofficeror employee ofan agency,a Member of Congress,an officer or employee of Congress, oran employee ofa Member of Congress in connection withthe awarding of any Federal contract,themakingofany Federal grant,(he making ofanyFederalloan, the entering intoofany cooperative agreement,and the extension,continuation, renewal,amendment,ormodificationofanyFederal contract,grant,loan,or cooperative agreement. 2.Ifanyofthe funds otherthan Federal appropriated funds havebeen paid or will be paidtoany person for influencing or attempting to influence an officer or-employee "ofany agency,a Member,of Congress,anofficeroremployee of Congress,Or an employee of aMember of Congress in connection withthisFederal contract,grant, loan,or cooperative agreement,the undersigned shallcompleteand submit Standard Form LLL,^Disclosure Formto Report Lobbying,"in accordance withits instructions. •3.The undersigned shallrequirethatthe language ofthiscertificationbe included in theawarddocumentsforall subawards atalltiers(includingsubcontracts,subgrants, and.contracts under grants,loans,and cooperative agreement inexcessof$100,000)•r andthatallsubrecipientsshallcertifyanddiscloseaccordingly.i 4.This certification isamaterial representation offact upon,which reliance wasplaced 'when this transaction was made or entered into.Submission of this certification is a prerequisite formakingor entering intothis transaction imposedbysection1352, title 31,U.S.Code.Anypersonwho fails to file therequired certification shallbe subject toa civil penalty of.not lessjhan $10,000 and not more than SI00,000 for each such failure. By: ^'~(Signature of Auchorizrd Rejirestnfalivc)-. Print:6 ^fff Jtirfh Lli&*K''/$&\fjW (t /fU^O^^ r/(Print Name of Firm end AwtWonted ReprcscjrtalWe) We:(JCIVI $/?J?AfrtS 'Title Date: County Construction Sign (Only areas circled are subject to change) •GOB •NON GOB A9 x 8'Construction Signs •In Ground •A-Frame 1 Sided •A-Frame 2 Sided Email this form to: Brian Williams:brianw@miamidade.gov and Hernan Lopez:lopezh@miamidade.gov Sign is 4'X 8'with 12'post a Place check mark in box after location has been marked; Once location has been marked submit signage request form ATTACJEQffiNT F Services Ticket Quantity required Project Manager Name: Department:. Address: Phone Number: Index code Project Name Project Number District Commissioner Check if ARRA Funded Q Yes •No Must indicate Federal Department and /or State Department if applicable Other Funding Source (Max 3-logos) Sign location address Plus specific location of sign placement iMfiWBBBF PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENTG FAIR SUBCONTRACTING POLICIES (Ordinance 97-35) FAIR SUBCONTRACTING PRACTICES In compliancewithMiami-DadeCountyOrdinance97-35,the Developer submitsthe following detailed statement ofitspolicies and procedures ofawarding subcontracts: flltUt W Cl^kUuLoi Jjir^uKud I hereby certifythat the foregoinginformationis true; Signature ofAuthorized Representative: Date:Title:O4L jlmL«-$M Firm Name:C^L /f AirJ^M.t #-*-*•Fed.ID No:5~^"(fOQQ */%/ Address:&I36 ,Ju-wSf-f~L%fJ<: Cilv:M\tl-tu-.State:'Ft-Zip Code:^3/</3 Telephone:'8f?')/?//??-"Cr1 $16 Fax;() CD/39/31313 South'Miami PURCHASING POLICY The purchasing policyis in accordancewithCityofSouth Miami Charter Artide III,Section5 (Power and Duties)and Florida StatuteChapter287. Purchases less than $5,000.00.Purchases of,or contracts for,materials,supplies,equipment, improvements or services forwhich funds areprovidedinthebudget,wherethetotalamountto be expended isnotin excess of $5,000.00,may be made orentered into bytheCity Manager without submittal tothe City Commission and without competitive bidding.Single purchases or contracts in excess of $5,000.00 shall notbe broken downtoamountslessthan $5,000.00 to avoid the requirements ofthis subsection.Purchases of less than $1,000.00 do not require: -Purchase orders -Sealed Competitivebids Purchases ofless 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 waspartof an acceptable competitive bid process, -Anapproved purchase order -Must have been included in the original budget or received approval from the City Manager.-- Purchases more than$5,000.00butless than $25,000.00.Purchases oforcontractsfor materials, supplies,equipment,improvementsor services forwhich funds are provided inthe budget,where the totalamounttobeexpendedisinexcessof $5,000.00 butwhichdoesnotexceed $25,000,00,maybe made or entered into bythe City Manager with submittal tothe City Commission and without competitive bidding,but shall require thatthe City Manager obtain quotes from at least three different vendors.Single purchases or contracts m excess of $25,000.00 shall notbe broken down to amounts less than $25,000.00 to avoid the requirements of this subsection.Purchases morethan $5,000.00 but less than $25,000,00 require: -ApprovalbytheCity Manager beforetheexpenditureismadeor funds committed. -A minimum of3written quotes from 3 different vendors unless piggybacking off an existing governmentalcontractwhichwaspartofan acceptable competitive bidprocess -City Commission approval Purchases in excess of $25,000.00.Purchases in excessof $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 offan existing governmental contract which waspart of an acceptable competitive bid process -Purchase ordersmustbeobtained before anexpenditureismadeor funds committedandapprovedbythe Qty Manager, -CityCommission approval ♦The Cty Qvmmmkm in FY 20IS maybe adopting e Purchasing Ordinance wNch wW supersede the Purchasing Poficy,within the Ft 2015 Budget Document CITY OF SOUTH MIAMI BUDGET FY 2014-2015 20 33E3JIS ATTACHMENT H PUBLIC HOUSING ANDCOMMUNITY DEVELOPMENT (PHCD) SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-1J34) actor/Developer (loM Of OO^lM /JLif^i-Firm Name of Prime'Contra this form,oracomparable listing meeting therequirementsotOrdinanceNo.97-104,MUST becompleted bythe developers qn County contracts for purchase of supplies,materials or services,including professional services whichinvolve expenditures of $100,000 or more,and ail developers onCountyorPublicHeallh Trust construction contracts vvhich involve expendiUires of $100,000 ormore.This form,or a comparable listingmeetingthe requirements of Ordinance No.97-104,mustbe completed and submitted even though the developer will hot utilize subcontractors or suppliers onthe contract.The developer should enter the word "NONE"under the appropriate heading on this form m those instances where no subcontractors or suppliers will be used on the contract.Thedeveloperwhoisawardedthecontract shall not change or substitute firsttier subcontractors,directsuppliersortheportionsofthe contract work to be perforrned,or materials (o besupplied from those identified,exceptupon written approval o!the County. ^f ^L#a/u^b^AjOLc3i afitr a.r^n^hh^.cSzhJ^pn liL? p&Un££l^jr^Ki>J my^cLi-^L ^ntr^d-u &^cxaAl4^gMv S&Qoh fo.egQ^^. PjKJlZ £*^fro Zj^i^.4/&^rnmi<%~ Icertify that the representations conlained in this Subcontractor/Suppler Listing are to the best of my knowledge true and accurate. ture DeveSignaturebeveloper(s} Date PrintName Z^^Print Title C-</• AujJaofke^Representatjve (Duplicate if additional space is needed) Page 1 of 1 CD/63/31413/V