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Res No 064-19-15336RESOLUTION NO. 64-19-15336 A Resolution authorizing the City Manager to execute the FY2018 Community Development Block Grant (CDBG) Agreement with Miami - Dade County for the Marshall Williamson Park Crime Prevention Through Environmental Design Project. WHEREAS, the City of South Miami was awarded a grant for the Marshall Williamson Park Crime Prevention Through Environmental Design Project from Miami -Dade County, by and through its Office of Grants Coordination, in the amount of $150,000 with matching funds of $50,000 and an expiration date of September 30, 2020; and WHEREAS, the scope of work for the project includes the installation of a gunshot detection system blue -light call box, installation of security cameras, sidewalk improvements, and other park infrastructure improvements; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the Community Development Block Grant (CDBG) agreement with Miami -Dade County's Office of Grants Coordination and accept the funding amount of $150,000. 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 hereby authorized to execute the CDBG agreement with the Miami -Dade County Office of Grants Coordination for the Marshall Williamson Park Crime Prevention Through Environmental Design Project, with an expiration date of September 30,', 2020 and accept the funding amount of $150,000, provided the County acknowledges that a mortgage is not required and that the City's liability does not exceed the waiver of sovereign immunity provided by Section 768.28, Fla. Stat. The grant agreement is attached to this resolution. Section 2: Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 215` day of May, 2019. LC CITY CLERK READ AND APPROVED AS TO FORM APPROVED: �4 QOMMISSION VOTE: 5-0 Mayor Stoddard: yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Agenda item No:1. City Commission Agenda item Report Meeting Date: May 21, 2019 Submitted by: Zachariah Cosner Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute the FY2018 Community Development Block Grant (CDBG) Agreement with Miami -Dade County for the Marshall Williamson Park Crime Prevention Through Environmental Design Project. 3/5 (City Manager) Suggested Action: Attachments: Memo -Marshall Williamson FY18-2.doc Resolution FY18 MWCPTEDCArev.doc Marshalll Williamson Grant Contract.pdf South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: April 16, 2019 SUBJECT: A Resolution authorizing the City Manager to execute the FY2018 Community Development Block Grant (CDBG) Agreement with Miami - Dade County for the Marshall Williamson Park Crime Prevention Through Environmental Design Project. BACKGROUND: The City of South Miami has applied for and received a block grant to assist in funding a slate of park infrastructure and landscape improvements to Marshall Williamson park aimed at enhancing park services and increasing safety through the incorporation of Crime Prevention Through Environmental Design principles. The scope of work for the project includes the installation of a gunshot detection system blue -light call box, installation of security cameras, sidewalk improvements, and other park infrastructure improvements. Funding for this program is provided through a combination of $150,000 from Community Development Block and a $50,000 match from City of South Miami funds. ATTACHMENTS: Resolution FY 2018 Community Development Block Grant Contract Between Miami - Dade County and City of South Miami 2 Al' Resolution Number: R-814-18 Awarded Amount: $150,000 Duns Number: 24628976 CDBG 2018 FY 2018 COMMUNITY DEVELOPMENT BLOCK GRANT Non -Profit CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as "County" and City of South Miami, hereinafter referred to as "Awardee" and having offices at, 6130 Sunset Drive, South Miami, FL 33143, and telephone number of (305) 668-2510 states conditions and covenants for the rendering of Community, Economic or Housing activities hereinafter referred to as "Activity or Activities" for the County through its Public Housing and Community Developmenthereinafter referred to as "PHCD," and having its principal offices at 701 N.W.1 Court, 14th Floor, Miami, Florida 33136, collectively referred to as the "Parties." WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County; and WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable urban communities; and WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an ability to provide these activities; and WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous of providing such activities; and WHEREAS, the County has appropriated CDBG funds (plus any Program Income awarded by the Board of County Commissioners, which may be added to the Contract by Amendment) to the Activity Marshall Williamson Park CPTED Project, located at 6100 SW 671h Avenue, South Miami, FL 33143. WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of Services", in Miami -Dade County or the focus area(s) of the county. NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: EFFECTIVE TERM OF AGREEMENT: This Agreement shall begin on October 1, 2018. This Agreement shall expire on Se tembe 30 2020. AMOUNT OF AGREEMENT: Subject to the availability of funds, the amount of funds which may be disburse, in accordance with this Agreement, may not exceed $150,000 DEFINITIONS PHCD Public Housing and Community Development or its successor Department. 24 CFR Part 570 — CDBG Federal regulations implementing Title I of the Housing and Regulations Community Development Act of 1974, as amended - Community Development Block Grant. Awardee Recipient of CDBG funds from Miami -Dade County. Community Development A local agency that is organized to meet community development Corporation needs with particular emphasis on the economic development, Page 1 housing and revitalization needs of low- and moderate -income area residents and which is receptive to the needs expressed by the community. Local Having headquarters in Miami -Dade County or having a place of business located in Miami -Dade County from which the Contract or Subcontract will be performed. Low- and Moderate -Income A person or family whose annual income does not exceed 80% of the Individual or Family median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided rF in 24 CFR Part 570. Very Low Income Individual A person or family whose annual income does not exceed 50% of the or Family 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. Contract Records or Any and all books, records, documents, information, data, papers, Agreement Records letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Effective Term The Effective Term of this Agreement is the duration of time listed --of Agreement above as the "EFFECTIVE TERM OF AGREEMENT". Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. OMB A-133 OMB A-133 shall mean as amended, replaced or supplemented from time to time. Property The real property as descibed by legal description in any loan documents executed between Awardee and the County and any real property of Awardee or Related or Affiliated Entities (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. Policies and Procedures PHCD's Policies and Procedures Manual f/k/a Contract Compliance Manual Manual provided to Awardee and may be viewed and downloaded at http://www/miamidade.gov/housing/community-development.asp Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for Subconsultant the purpose of performing work or functions cited on the Action Step Format (Attachment "Al) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee. THE AWARDEE AGREES: Page 2 A. The Awardee shall cant' out the Activities defined and set forth in Attachment A, "Scope of Services," which is incorporated herein and attached hereto, in the County or the focus area(s) of the County. Awardee acknowledges and agrees that the purpose of CDBG funds is to benefit low- and moderate -income persons. Therefore, Awardee shall carry out the Activities in such a manner as to satisfy a National Objective. All CDBG funds, except those awarded to County Departments, municipalties, and/or sovereign government entities, are awarded in the form of a loan that is forgivable if the National.O&on ive is met pursuant to the terms and conditions set forth herein, including but not limited o II, W(2)(a)(1 r(2) ("National Objective"). Unless Awardee is a County Department or sovereign government entity, Awardee shall be required to execute for the benefit of the County a promissory note and, as applicable and as described in this Agreement, a mortgage or other security instrument or restrictive covenant as determined by the County in its absolute and sole discretion to be in the best interest of the County to ensure the National Objective is met. If Awardee is a County Department or sovereign government entity, the CDBG funds shall shall be awarded in the form of a conditional grant which shall be repaid by Awardee upon written demand from the County if Awardee fails to meet a National Objective. Notwithstanding any other provision of this Agreement, if Awardee is a County Department or sovereign government entity, Awardee shall not be required to execute on behalf of the County a promissory note, mortgage or other form of security. B. Insurance Requirements Upon PHCD's notification, the Awardee shall fumish to the Department's Community and Housing Management Division (CHMD), 701 N.W. 1 Court, 14"' floor, Miami, Florida 33136, relevant certificate(s) of Insurance evidencing insurance coverage as detailed in Attachment B-1(H). The effective coverage start date of applicable insurances shall not be later than the date of the Agreement execution and shall be approved by Miami -Dade County's Internal Services Department prior to any reimbursement being processed. All certificates and insurance updates must identify the names of the Awardee and the Activity being funded through this Agreement. The Awardee shall provide Builder's Risk Insurance and/or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. Any changes to the required insurance policies, including coverage renewals, must be submitted to PHCD through a formal notice immediately upon occurrence throughout the Agreement period. If the Awardee fails to submit the required insurance documents in the manner prescribed in these requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the Awardee shall be in default of the terms and conditions of the Agreement. C. Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the Agreement period, including any and all option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee must have the coverage cited in Attachment B-1(H) of this Agreement at the time that it begins construction on the project. If the insurance certificates are scheduled to expire during the Agreement period, the Awardee shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period, the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to execution of the Agreement by the County and 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 Page 3 The County shall not assume any liability for the acts, omissions to act or negligence of the Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this Agreement. The Awardee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Awardee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign immunity by the County or Awardee (if Awardee is a sovereign government entity. Nothing herein shall be construed to extend the County's or Awardee's liability (if Awardee is a sovereign government entity) beyond that provided in section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the County or Awardee (if Awardee is a sovereign government entity) to be sued by third parties in any matter arising out of this Agreement. The provisions of this section survive the termination or expiration of this Agreement. E. National Objective In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the natkmal objective of Benefit to Low and Moderate Income Persons or Households (LMI). ' (See Attachment B-2). Awardee shall execute and deliver to the County, simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant to this Agreement in the event that Awardee fails to meet the national objective. In the event the CDBG funds subject to this Agreement are to be used for the acquisition or improvement of real property, the Awardee shall also be required to give the County a mortgage or other sercurity instrument to be determined at the absolute and sole discretion of the County Mayor or Mayor's designee in order to secure the loan described in this Agreement. Title work and a title insurance policy, if so required in the absolute and sole discretion of the County Mayor or Mayor's designee in order to adequately secure the loan set forth herein, shall be paid for by Awardee. Awardee understands that the County may be liable to the United States Department of Housing and Urban Development ("HUD") for repayment of the federal funds loaned to Awardee pursuant to this Agreement in the event that HUD determines that Awardee has failed to meet the national objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee pursuant to this Agreement. F. Documents and Reporting Requirements The Awardee shall submit documents to PHCD or report on relevant information to PHCD as described below and provide any other documents in whatever form, manner, or frequency as prescribed by PHCD. These will be used for monitoring progress, performance, and compliance with this Agreement and for compliance with *applicable County and Federal requirements. 1. Certificates of Insurance The original certificate, as set forth in Attachment B-1(H) to be received by PHCD within the first month of this Agreement period, and submitted with each payment request, including any renewals, prior to payments made by the County. The effective date of the coverage must coincide with the beginning date of this agreement. . .20:r- Progress Reports a. The Awardee shall submit each quarter a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by PHCD, which shall describe the progress made by the Awardee in achieving each of the Page 4 Activities, objectives and action steps identified herein, including but not limited to Attachment A and Attachment A-1. The Awardee shall ensure that PHCD receives each report in triplicate (or as indicated) no later than 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 II - Financial Information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income, depicting the twenty percent (20%) to be paid to the County quarterly as well as Awardee's usage of Program Income for each contracted activity. Section III - Status of Contracted Activities: The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and/or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low -moderate and low income residents. The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Awardees engaged in job creation projects shall report on the progress of their activities including the names of businesses assisted, the number of jobs created and the income qualification of individuals holding the jobs created. 50% and 70% Benchmark Reporting: At the time Awardee has been paid or 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 rehabilitation projects, Awardees shall report on the progress of their activities including the number of housing units completed and occupied by low -moderate and low income residents. The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Awardees engaged in job creation projects shall report on the progress of their activities including the names of businesses assisted, the number of jobs created and the income qualification of individuals holding the jobs created. In conjunction with the progress reports submitted, Awardee shall submit the Performance & Benefit Data Supplement (the "Supplement") to the Quarterly Expenditure & Progress Report. The Supplement shall be considered a part of the progress reports due pursuant to this Agreement. Section IV - Contract and Subcontract Activity Report: Page 5 Contract and Subcontract Activity Report (First and Third Quarter Progress Report) - The Awardee shall report to PHCD the number of business activities involving minority vendors, including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to PHCD no later than 10 days after the first and third quarter. Section V - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to PHCD the number of target and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to PHCD no later than 10 days after the first and third quarter. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the County to show Awardee has performed its obligations set forth in this Agreement and to show U.S. HUD that Awardee has met the national objective, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Agreement. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five (5) days written notice of such action to be taken. b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms and conditions of this Agreement, Miami -Dade County Resolution No. 1634-93 will apply to this Agreement. This resolution requires the Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. C. Unspecified Site(s) Objective - If the Awardee has not yet identified a location to carry out any of the activities described in Attachment A, the Awardee. shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section II, Paragraph FA. of this Agreement. Copies of the above described Progress Report shall be received by PHCD no later than the tenth (10th) day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section II, Paragraph F.2.a and Paragraph F.3. 3. Annual Report {Fourth Quarter Progress Report) and Final Report -The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the Page 6 progress made by the Awardee in achieving each of the National Objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year beginning on January 1 and ending on December 31 and shall be received by PHCD no later than 10 days after the year ends. The Final Progress Report submitted by Awardee shall include a summary of services and accomplishments Awardee performed and achieved throughout the term of this Agreement and shall be accompanied by sufficient documentation to show Awardee has met the CDBG National Objective. For Activities where the National Objective is job creation, the Final Progress Report shall include documentation sufficient to prove to U.S. HUD that Awardee met the National Objective. Awardee shall report all Program Income earned during the year and shall pay to the County all Program Income earned unless directed expressly, in writing, to otherwise by the County. 4. Environmental Review - The Awardee immediately upon locating or determining a* site for each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall submit information detailing the location of each site for which a Site Environmental Conditions Statement will be prepared. The Environmental Review is to be prepared on information contained in Attachment D, "Information for Environmental Review Form." Notwithstanding any provision of this Agreement the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by. the County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the proiect is conditioned on the County's determination to proceed with modify or cancel the project based on the results of a subsequent environmental review. 5. Audit Report - The Awardee shall submit to PHCD an annual audit report in triplicate as required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non- compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A-133, as may be amended from time to time, and 2 CFR Part 200. 6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures and policies and procedures governing the federally funded activity, etc. Such information shall be submitted to PHCD within 30 days of the execution of this Agreement. 7. Inventory Report - The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section II, Paragraph W of this Agreement. 8. Affirmative Action Plan - The Awardee shall report to PHCD information relative to the equality of employment opportunities whenever so requested by PHCD. 9. Disclosure of Related or Affiliated Parties - At the time of contract execution, or at any other time at the request of the County, Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations, partnerships, or other business entities (a) which have a direct or indirect ownership interest in Awardee, (b) which have a parent or principal thereof which has a direct or indirect ownership interest in Awardee, (c) whose.members appointed by Awardee, or (d) which the County deems in its sole discretion to be a Related or Affiliated Party of Awardee. The Awardee shall report this information to the County upon forming the relationship or, if already formed, shall report it immediately. Any supplemental information shall be reported quarterly in the required Progress Report. This provision shall be construed broadly to the benefit of the County. Non-compliance with these requirements will be considered a default, which may result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through PHCD for a period of three years. Page 7 10. Reporting on financial Status, Bankruptcy, Real Property, or Personal Property — Awardee shall notify the County in writing within ten (10) days of the occurrence of any of the following as to Awardee or any Related or Affiliated Parties: a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default, late payment regarding any property of Awardee or Related or Affiliated Parties, including properties not related to this Agreement. Awardee shall also provide the County with a copy of all court filings, notices of default, arrearage or late payment, or any other documents relevant to the disclosures required herein. b. Any legal encumbrance on the Property not permitted in writing by the County. c. Any default or arrearage on any loan, Note or other debt or obligation for which the Property is security. d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. e. Any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and conditions of this Agreement. Failure to comply with these reporting requirements shall constitute a default and shall entitle the County to seek any and all remedies available at law, equity and pursuant to this Agreement. 11. Disclosure of Related or Affiliated General Contractor(s) or Subcontractor(s) - At the time of contract execution, or at any other time at the request of the County, Awardee shall disclose to the County all Related or Affiliated General Contractor(s) or Subcontractor(s). Related or Affiliated General Contractor(s) or Subcontractors) shall mean any person or entity hired by Awardee to perform any part of this Agreement and which shares an owner, shareholder, officer, partner, member, parent, or principal with Awardee. The Awardee shall report this information to the County at contract execution or upon forming the relationship, if after contract execution, any supplemental information shall be reported quarterly in the required Progress Report. This provision shall be construed broadly to the benefit of the County. Non-compliance with these requirements will be considered a default, which may result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through PHCD for a period of three years. 12. Pursuant to the Miami -Dade Board of County Commissioners' Resolution No. R-34-15, the Awardee, its agents and/or representatives, shall provide written notice to the County related to the availability of rental opportunities, including, but not limited to, the number of available units, bedroom size, and rental prices of such rental units at the start of any leasing activity, and after issuance of certificate of occupancy. The Awardee, its agents and/or representatives shall also provide the County with the contact information for the Awardee, its, agents and/or representatives. G. Lobbying Prohibition 1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid, ,= by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal,' amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. 2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Page 8 Congress, or an employee of a Member of Congress in connection with this federal Agreement, grant, loan, or cooperative Agreement, on a Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and �G-2- be included in the award documents for all subawards at all tiers including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. H. Federal, State, and County Laws and Regulations Rules, Regulations and Licensing Requirements The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No.11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with OMB A-122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures specified in PHCD's Policies and Procedures Manual found at http://www/miamidade.gov/housing/community-development.asp, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The Awardee agrees to abide by Chapter II -A, Code of Miami -Dade County ("County Code"), as amended, applicable to non-discrimination in employment, housing and public accommodation on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, actual or perceived status as a victim of domestic violence, dating violence or stalking, or source of income, as amended; and applicable to non-discrimination in employment, housing and public accommodation; and 24 CFR 570.607. 3. Awardee shall comply with, and cause all subcontracts to require compliance with, Florida Statutes, the Miami -Dade County Code of Ordinances, and all applicable building codes, including the Miami -Dade County Building Code and any applicable municipal building code. Failure of Awardee or any subcontractor of Awardee to so comply with these requirements, which includes but is not limited to engaging in construction or repairs without proper building permits or unlicensed professionals engaging in work which requires a license, shall cause this Agreement to be voidable by the County at the County's absolute and sole discretion. In the event the County voids this Agreement for failure to comply with the requirements of this section, Awardee shall forfeit any right to payment pursuant to this Agreement, regardless of when Awardee's or the subcontractor's noncompliance becomes known to the County. 4. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap and requires a minimum number of units to be accessible to persons with disabilities; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The Awardee also agrees Page 9 to comply with the Domestic Violence Leave codified as 11 A-60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Awardee. 5. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C.A. Ch. 85) as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C.1368); Environmental Protection Agency regulations; and Executive Order 11738. 6. Assurance of Compliance with Section. 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by PHCD within the term of this 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 assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 8. Affirmative Action/Non-Discrimination of Employment Promotion, and Procurement Practices (Ordinance #98-30) - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the Regulatory and Economic Resources Department. Said firms must also submit, as a part of their proposalstbids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make-up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Regulatory and Economic Resources Department. Firms claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid/proposal. Any bidder/respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Mayor for award by the Miami -Dade Board of County Commissioners. 9. Domestic Violence Leave Affidavit - Prior to entering into any contract with the County, a firm desiring to do business with the County shall, as a condition of award, certify that it 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 that have, in the regular course of business, fifty (50) or more employees working in Miami Dade County for each working -day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R-185-00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and/or the firm being debarred. Page 10 10. Code of Business Ethics - In accordance with Section 2-8.1(1) of the Code of Miami -Dade County each person or entitiy that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ("Code") and shall submit an affidavit stating that the Awardee has adopted a Code that complies with the requirements of Section 2-8.1(i) of the Miami - Dade County Code (Form A-12). Section 2-11.1(d) of Miami -Dade County Code as amended by Ordinance 00-1, also requires any county employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County from competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County and that any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at (305) 579-9093. 11. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may. not transact business with any public entity in excess of the threshold amount provid&mh Section 287.017 for Category TWO ($10,000) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regard'irzohe list are false, this Agreement shall be terminated on the discretion of Miami -Dade County. Further, should the Awardee be placed on the list at any time during this Agreement Miami -Dade County shall have the right to terminate this agreement 12. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94-34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with Awardee. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade County Vendor Affidavit Form 2. Criminal Record Affidavit 3. Public Entity Crime Affidavit 4. Related -Party Disclosure Information 5. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 6. Affirmative Action Affidavits 7. Current on all County Contracts, Loans, and Other Obligations Affidavit 8. Financial and Conflicts of Interest Affidavit 9. Collusion Affidavit Page 11 If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336,104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 61141cluding Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. In addition to the requirements in the Agreement, the Awardee agrees to comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 570,Subpart K (24 CFR 570.600 — 570.614), including the following: Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. Section 109 of the Housing and Community Development Act (24 CFR 6) Labor standards (24 CFR 570.603; 29 CFR Part 5). Environmental standards. National Flood Insurance Program. Uniformed Relocation Act. Employment and contracting opportunities. Lead -based paint regulations. Eligibility of contractors or sub recipients. Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act.a 13. CDBG-Related Requirements 1. National Objective - Awardee must perform the Activities described herein in a manner in which Awardee meets the national objective of benefit to low- andmoderate-income persons. Awardee shall ensure and maintain documentation, acceptable to the County in its sole and absolute discretion, that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to low- and moderate -income persons, as defined in the*CDBG Regulations. 2. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall cant' out each activity in compliance with all applicable federal laws and regulations described therein. If the Awardee is a primarily religious entity, it shall comply with all provisions of 24 CFR 570.200 0). 3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; 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 and farms) that are displaced as a direct result of acquisition, rehabilitaion, Page 12 demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 4. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, PHCD's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. The Awardee shall cooperate with PHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, PHCD, or the County. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with PHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, PHCD, or the County. 7. For activities involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and/or industries, the Awardee shall submit a written notification to the Community Planning and Outreach Division of PHCD prior to relocating, evacuating, and/or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and/or industry) is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and/or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88-352 and Public Law 90-284 successfully meet these requirements. The Awardee shall submit to PHCD its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 8. For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding their compliance with the national objective, and PHCD will have the right to monitor the activity. 9. In the event the CDBG funds -subject to this Agreement are to be used for the acquisition or improvement of real property, the Awardee shall also be required to give the County a mortgage or other sercurity instrument to be determined at the absolute and sole discretion of the County Mayor or Mayor's designee in order to secure the loan described in this Agreement. 10. The Awardee shall comply with all applicable uniform administrative Page 13 requirements as described in 24 CFR 570.502 11. For Special Economic Development projects, Awardee is reponsible for understanding 24 CFR 570.209, which describes HUD's underwriting and project anaaysis requirements. These requirements include, but are not limited to, the analysis of Awardee's financing gap or rate of return gap, project feasibility, and the reasonableness of costs and Awardee's or owner's equity return. Awardee agrees to defer to the County's analysis of the Activity as conducted in compliance with the CDBG Regulations, including but not limited to 24 CFR 570.209, including Appendix A, as well as OMB guidance on using federal funds. Awardee understands that in the event that the Activity fails the analysis conducted pursuant to 24 CFR 570.209, Awardee shall have the opportunity to renegotiate this Agreement by modifying the Activity to improve the Activity to the County's satisfaction or to terminate this Agreement with each party paying their own costs, fees and damages (as applicable). If Awardee is a municipality, the Awardee acknowledges that the County will perform an underwriting and project analysis to determine the financing gap or rate of return gap, project feasibility, and the reasonableness of costs and Awardee's or owner's equity return. Awardee agrees to defer to the County's analysis. Awardee shall have the opportunity to renegotiate this Agreement by modifying the Activity to improve the Activity to the County's satisfaction or to terminate this Agreement with each party paying its own costs and fees (as applicable). Conflicts with Applicable Laws If any provision of this Agreement conflicts with any applicable law or regulation including but not limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreem4. shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. J. Board of Directors If the Awardee is a Community Development Corporation (CDC), PHCD shall have the option to appoint a representative to the Awardee's board of directors. This representative shall not be considered in the counting of a quorum and shall have no voting privileges. K. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.); Contract Work Hours and Safety Standards Act (40 U.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. Ensure that its contractors and subcontractors are classifying workers properly for Davis - Bacon and Internal Revenue Code purposes and that they maintain proper documentation to support worker classification. In reviewing certifiedipayrolls, the County will be alert to anomalies, and in such cases will consult with federal agencies such as the Internal Revenue Service, the Department of Labor and the Department of Housing and Urban Development. Page 14 5. Ensure that all contractors and subcontractors submit all certiied payrolls as required by the Davis Bacon Act to PHCD through Elations software or any other method as required by PHCD. Submit to PHCD for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 7. Submit to PHCD all construction plans and specifications and receive PHCD's approval prior to implementation. Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a pre -construction conference. In accordance with industry standards, PHCD will hold ten percent (10%) of the total grant award as a retainer until the construction work is determined by'PHCD, in its sole discretion, to be seventy-five percent (75%) completed, At the time that the construction work is determined by PHCD to be seventy-five percent complete, the retainer will be reduced to 5% until the work is completed, Completion shall occur when a Certificate of Occupancy is issued. 8. The County shall have the right to insert itself as construction manager and assign Professional Staff and Technical Assistance from the Public Housing and Community Development to assist the project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement may result in a reduction of a maximum of 5% of the Agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by such staff. 9. Execute and record, at the County's request, any of the following documents in order to ensure the Property is used as defined and described in Attachment A of this Agreement: a. Promissory Note b. Mortgage C. Loan Agreement d. Restdr ive Covenant e. Rental Regulatory Agreement f. Collateral Assignment of leases, rents and Contract Rights g. UCC-1 Rider h. Title Insurance Policy 10. Comply with County Resoltuion No. R-346-15, establishing that the Maximum Development. Cost per Unit (as defined below) to construct, rehabilitate or acquire Affordable Housing with these funds shall be $225,000.00, except for construction of High -Rise projects for which the Maximum Development Cost per Unit shall be $250,000.00. "High -Rise" shall mean Affordable Housing structures which are seven or more stories in ' height. This Maximum Development Cost per Unit shall apply to projects constructed, rehabilitated or acquired by the County or by private or public entities using County funds, including, but not limited to, Community Development Block Grant, Home Investment Partnership, State Housing Initiative Program, Documentary Surtax, Building Better Communities General Obligation Bond, or general revenue funds. The "Maximum Development Cost per Unit" means the Total Development Cost, as defined herein, looking at all funding sources and not just County funds, divided by the total number of units. For the purposes of determining the Maximum Development Cost per Unit on construction or rehabilitation projects, the "Total Development Cost" shall mean the total cost of completing the entire project, from acquisition to the issuance of Certificate of Occupancy, including, but not limited to, the costs for design, planning, zoning, variances, financing costs, legal costs, construction, and permitting. For construction and rehabilitation projects, the cost of land acquisition shall be deducted from the Total Development Cost. In addition, construction costs associated with non -housing features included in a project or those not deemed by PHCD to be amenities expected of, typically provided with or appurtenant to affordable housing units, may be deducted from the Total Development Cost by the Mayor or Mayor's designee. 11. Awardee shall comply or provide the County with bonds sufficient for the County to comply with Florida Statutes, Section 255.05. Page 15 12. Art in Public Places: Development/construction projects on County land are subject to the Art in Public Places ("AIPP") provisions in Section 2.11.15 of the Miami -Dade County Code, Administrative Order 3-11, and the Dade County Guide to AIPP. This includg, all improvements that are built on County land under long-term leases or other long;'term agreements, even if privately financed and privately owned during the term of the lease. The Awardee shall transmit 1.5% of all construction costs (as defined by the AIPP Program) to the Miami -Dade County Department of Cultural Affairs for the implementation of the AIPP program and the contract(s) with the artist(s) for the improvements to the Project'shall be between the artist(s) and the AIPP Trust, and the contractor, as applicable, in accordance with the AIPP Program. The County will work collaboratively with the Awardee on the implementation of the AIPP program pursuant to the requirements of said program. This sum shall be included in the Awardee's Projected Hard Costs. L. . Audits and Records 1. Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $750,000 or more under only one federal program may elect to have a program -specific audit performed, in accordance with OMB A- 133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Nonprofit and for profit entities that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). Such agencies that receive less than $750,000 in federal funds, but more than $25,000, in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountant's (1) expression of limited assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures (Review Report); (2) results of procedures performed (Agreed -Upon Procedures Report); (3) non -expression of opinion or any form of assurance on a presentation in the form of financial statements information that is the representation of management (Compilation Report); or (4) an opinion on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). For nonprofit entities receiving less than $25,000 in federal funds, the agency must submit their annual IRS Form 990. 3. When the requirements of OMB A-133 apply, an audit shall be conducted for each fiscal year for which federal awards attributable to this Agreement have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by PHCD no later than six months following the end of the Awardee's fiscal year. 4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A- 133 do not apply the Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year or on 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 and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this Agreement. A copy of the audit report in triplicate must be received by PHCD no later than six months following each audit period Page 16 5. The Awardee shall maintain all Contract Records in accordance with generallflaccepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this Agreement and in accordance with 24 CFR 570.506; 570.503. 7. The Awardee shall ensure that the Contract Records shall- be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 8. The Awardee shall include in all PHCD approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this Agreement and defined by PHCD, each of the record -keeping and audit requirements detailed in this Agreement. PHCD shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described above. 9. The County reserves the right to require the Awardee to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to this Agreement and upon request make them available to the County for four years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 10. The Awardee shall ensure that its auditors share their audit results with and must submit the audit report to PHCD within six months after the conclusion of the audit period. 11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. The Awardee agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allow ability and allocability of costs. M. Protected Records and Documents Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic transfer standards including but not limited to: 1. Use of information only for performing services required by the Agreement or as required by law; 2. Use of appropriate safeguards to prevent non -permitted disclosures; 3. Reporting to Miami -Dade County of any non -permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that 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; Page 17 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami - 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 must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. N. Retention of Records 1. The Awardee shall retain all Contract Records for a period of at least seven (7) years following the final Close -Out of the Activity/Project (hereinafter referred to as "Retention Period") subject to the limitations set forth below. The final Close -Out of the Activity/Project is the date when PHCD provides written notification of such. Under no circumstances shall Awardee dispose of any Contract Records prior to Awardee providing the County sufficient documentation to show that the HOME Regulations were fully complied with in Awardee's performance of its obligations under this Agreement and has received confirmation from PHCD that the Activity/Project has been finally Closed -out in the U.S. HUD IDIS system. Upon Awardee's request in writing for confirmation of said final Close -Out, PHCD shall provide Awardee in writing either confirmation of final Close -Out or a list of documentation required in order to proceed toward final Close -Out. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of PHCD, fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the Agreement records during the required Retention Period. 4. The Awardee shall notify PHCD in writing, both during the pendency of this Agreement and after its expiration as part of the final closeout procedure, of the address where all Agreement records will be retained. 5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement records within one year after expiration of the Retention Period. O. Provision of Records and Proprietary Rights and Information 1. The Awardee shall provide to PHCD, upon request, all Agreement records. These records shall become the property of PHCD without restriction, reservation, or limitation of their use. PHCD shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this Agreement. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow-up communications and reports to PHCD immediately upon such issuance unless such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 3. Proprietary Information As a .political subdivision of the State of Florida, Miami -Dade County is subject to the stipulations of Florida's Public Records Law. Page 18 The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the County has developed at its own expense, the disclosure of which could harm the County's proprietary interest therein. During the term of the Agreement, the Awardee will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property, any computer programs, data compilations, or other software which the County has developed, has used or is using, is holding for use, or which are otherwise in the possession of the County (hereinafter "Computer Software"). All third -party license agreements must also be honored by the Awardees and their employees, except as authorized by the County and, if the Computer Software has been leased or purchased by the County, all hired party license agreements must also be honored by the Awardees' employees with the approval of the lessor or Awardees thereof. This includes mainframe, minis, telecommunicatioQ personal computers and any and all information technology software. The Awardee will report to the County any information discovered or which is disclosed to the Awardee which may relate to the improper use, publication, disclosure or removal from the County's property of any information technology software and hardware and will take such steps as are within the Awardee's authority to prevent improper use, disclosure or removal. 4. Proprietary Rights a) The Awardee hereby acknowledges and agrees that the County retains all rights, We and interests in and to all materials, data, documentation and copies thereof furnished by the County to the Awardee hereunder or furnished by the Awardee to the County and/or created by the Awardee for delivery to the County, even if unfinished or in process, as a result of the Services the Awardee performs in connection with this Agreement, including all copyright and. other proprietary rights therein, which the Awardee as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Awardee shall not, without the prior written consent of the County, use such documentation on any other project in which the Awardee or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Awardee to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works" shall become the property of the County. c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the County, except as required for the Awardee's performance hereunder. d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to, all Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its 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 for the operations of the 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 affiliated with Page 19 the County. Such license specifically includes, but is not limited to right of the County to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the 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 affiliated with the County. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 5. Public Records Law a. Awardee acknowledges that the County is subject to Chapter 119 of the Florida Statutes, known as the "Public Records Law". As such, items considered to be public records under the Public Records Law related to this Agreement shall be disclosed by the County upon a public records request in accordance with law. b. IF THE AWARDEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AWARDEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PHCD CUSTODIAN OF- PUBLIC RECORDS AT 786- 469-4232, Jacqueline.Dana@miamidade.gov, 701 NW 1st Court, 16th Floor, Miami, FL 33136. C. Many agencies contracting for CDBG funds are not considered "contractors" as defined in Florida Statutes, Section 119.0701. However, where Awardee is a "contractor," as defined in Florida Statutes, Section 119.0701, meaning that Awardee has entered into a contract for services with the County and is acting on behalf of the County as provided under Florida Statutes, Section 119.011(2), the following shall apply: d. Contractor shall comply with the Florida public records law, specifically to: i. Keep and maintain public records required by the County to perform the service. ii. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. iv. Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public .w., records to the County upon completion of the Agreement, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the Agreement, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. Page 20 e. A request to inspect or copy public records relating to this Agreement for services must be made directly to the County. If the County does not possess the requested records, the County shall immediately notify the contractor of the request, and the contractor must provide the records to the County or allow the records to be inspected :oricopied within a reasonable time. If a contractor does not comply with the County's request for records, the County shall enforce these requirements in accordance with the Agreement. ii. A contractor who fails to provide the public records to the County within a reasonable time may be subject to penalties under Florida Statutes, Section 119.10. f. The contractor shall be liable in any civil action brought due to contractor's violation of Florida's public records laws, and shall indemnify the County as described in this Agreement. P. Audits and Inspectors General Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section'are neither intended nor shall they be construed to impose any liability on the County by the Awardee or third parties.The provisions in this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami -Dade County Inspectors General Review According to Section 2-1076 of the Code of Miami -Dade County, as amended, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all 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 for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue -generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0) professional service agreements under $1,000; (k) management agreements; (1) small purchase orders as defined in Miami -Dade County Administrative Order 3-2; (m) federal, state and local government -funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the Miami - Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (1/4) of one percent in any exempted contract at the time of award. Awardee consents to the powers of the Inspector General. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained by the Inspector General, the Awardee shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Awardee's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the Agreement, including, but not limited to original estimate files, worksheets, proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, Page 21 proposal and Agreement documents, back -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. Independent Private Sector Inspector General Reviews Pursuant to Miami -Dade County Administrative Order 3-20, the Awardee is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Commission Auditor Access to Records Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this Agreement. Q. Prior Approval The Awardee shall obtain written approval from PHCD prior to undertaking any of the following: 1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee must submit all proposed agreement documents to PHCD at least thirty (30) days prior to the start date of the agreement. PHCD shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by PHCD of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions for existing staff. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 11, Paragraph W.1. of this Agreement. 6. Out-of-town travel not specifically listed in the approved budget 7. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section II, Paragraph K of this Agreement. 8. The disposal of all Agreement records as provided for in Section II, Paragraph N of this Agreement. 9. In the event the Awardee wishes to substitute personnel for the key personnel identified F: by the Awardee's Proposal, the Awardee must notify the County in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution. R. Monitoring Page 22 The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all Agreement records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to interview any clients, employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or provide PHCD with a reasonable justification for not correcting the deficiencies. PHCD will determine, in its sole and absolute discretion, whether or not the Awardee's justification is acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by PHCD in its report. S. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611, all as may be amended from time to time, with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services requried under this Agreement. The Awardee further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee certifies and represents that no officer, director, employee, agent, or other consultant of the County or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. The Awardee shall abide and be governed by Miami -Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in connection with its Agreement obligations hereunder. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure in writing to PHCD immediately upon the Awardee's discovery of such possible conflict. PHCD will then render an opinion which shall be binding on all parties. The Awardee shall submit to PHCD, within five business days of execution this Agreement, all updated Conflict of Interest affidavits, Related Party Disclosure statements, includinig Related or Affiliated General Contractor(s) or Subcontractor(s), list of current Board members, and list of all business associations with the following documents: > Original Agreement or its subsequent amendments. ➢ Requests for budget revisions. > Requests for approval of subcontracts. Non-compliance with the above requirements will be considered a breach of Agreement, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through PHCD for a period of three years. a) Awardee certifies and represents that there are no undisclosed persons or entities interested with the Awardee in this Agreement. This Agreement is entered into by the Awardee without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the County, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid: i) is interested on behalf of or through the Awardee directly or indirectly in any manner Page 23 whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the Awardee's knowledge any subcontractor or supplier to the Awardee. b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or affiliate of the Awardee shall have an interest which is in conflict with the Awardee's faithful performance of its obligation under this Agreement; provided that the County, in its sole discretion, may consent in writing to such a relationship, provided the Awardee provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. Intentionally Left Blank U. Publicity, Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development (US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, comerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible. The Awardee shall ensure that all media representatives, when inquiring about the activities funded by this Agreement, are informed that the County and US HUD are the funding sources. The Awardee shall notify the County of all events and activities involving the Project ten (10) days prior to the activity or event. When the Awardee obtain(s) the building permit(s), the CHMD Project Manager at the Department, must be notified in order to request the project sign from Miami -Dade County Intemal Services Department (ISD). Within thirty (30) days of the erection of the sign, the CHMD Project Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or Certificate of Completion (CC). 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 fumishing, installing and maintaining the sign shall be under the bid amount for mobilization. . V. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this Agreement from minority and women's businesses, and to provide these sources the Page 24 maximum feasible opportunity to compete for subcontracts to be procured pursuant to this Agreement. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by PHCD in the CDBG application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low-income residents from Community Development Target and Service Areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low-income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: ;, _ 1. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The Awardee agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Page 25 section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Fair Subcontracting Policies (Ordinance 97-35) All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids/proposals in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid/proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see Attachment G). The County will not execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies .and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W. Property 1. Definitions a. Property. As defined on page 2 herein. b. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. C. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights. d. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $750 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. e. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved by Awardee or PHCD in whole or in part with CDBG funds received from PHCD in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives until five (5) years after the expiration or termination of this Agreement, or for such longer period of time as determined by PHCD in its sole and absolute discretion; or Page 26 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Agreement or such longer period as determined by PHCD, the Awardee shall, in the sole discretion of PHCD, either pay to PHCD an amount equal to the market value of the property as may be determined by PHCD in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property or transfer the property to PHCD at no cost to PHCD. Reimbursement is not required after the period of time specified in Paragraph W.2.a.1., above. b. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from PHCD for $25,000 or less shall be disposed of, at the expiration or termination of this Agreement, in accordance with instructions from PHCD. C. All real property purchased or improved in whole or in part with funds from this and previous Agreements with PHCD, or transferred to the Awardee after being purchased in whole or in part with funds from PHCD, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. d. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with PHCD within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. e. All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to PHCD. This report shall include the elements listed in Paragraph W.2.c., above. Nothing in this section shall be construed to limit the County's right to collect from Awardee the entire amount of CDBG funds awarded pursuant to this Agreement in the event Awardee fails to meet a national objective. 3. Inventory - Capital Equipment and Real Property All capital items acquired for- fhe project by the Awardee with funds allocated in this Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to the County. A capital item shall be defined as an item that: (1) has a service life in excess of one year; (2) is either complete within itself or is a major component of another item of property; (3) by definition cannot be described either as supplies or materials; (4) will not be consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify the County immediately upon acquiring any capital items with funds allocated in this Agreement The County shall allow the Awardee to retain possession of capital equipment after expiration of this Agreement as long as the Awardee continues to provide the service described in the Scope of Services (Attachment A). If the Awardee disbands, becomes defunct or in any way ceases to exist or if the Awardee ceases to provide the service described in the Scope of Services or another service of value, Awardee shall notify the Page 27 County immediately and provide instructions describing how the County may take possession of the capital equipment. Awardee shall deliver to the County all documents of title or ownership and shall transfer or assign such ownership rights to the County. Foreclosure of the County mortgage or enforcement of other documents shall not be required in order for the County to claim and take possession of capital equipment. 4. The Awardee shall comply with the nonexpendable personal property requirements as stated below: All nonexpendable personal property purchased or improved in whole or in part With funds from this and previous Agreements with PHCD shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased or improved in whole or in part with funds from this ,and previous Agreements with PHCD shall be inventoried annually by the Awardee and an inventory report shall be submitted to PHCD. The inventory report shall include the elements listed in Paragraph W.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this Agreement shall vest in the County and PHCD. 5. The Awardee shall obtain prior written approval from PHCD for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given. to the Awardee or subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all such property in accordance with instructions from PHCD. Those instructions may require the return of all such property to PHCD. X. Program Income 1. Program Income as defined in 24 CFR Part 570.500 (a) means gross income received by the Awardee directly generated from activities supported by CDBG funds. When Program Income is generated by -an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, use Program Income to pay for charges or expenses that are specifically not allowed pursuant to the terns of this Agreement and applicable federal regulations or rules, or any County rules or ordinance. a. The Awardee shall report to PHCD all cumulative Program Income generates"from activities financed in whole or in part by funds from this Agreement, for as long as it receives and/or has control over Program Income generated from this and any previous Agreements with PHCD. The Awarded must submit the information for the generated Program Income to PHCD with each reimbursement request and guarterly as part of the Fiscal Section of the Awardee's Progress Report as outlined in Section II, Paragraph F.2.a. The awardee will submit the Calculation of Progam Income form Attachment" L " with every reimbursement request. b. The Awardee's use of Program Income shall be for the same activities described in this Agreement and subject to the limitations set forth in this Agreement and as set forth in the CDBG regulations, 24 CFR Part 570.504. Awardee acknowledges that the CDBG Regulations require that Awardee spend Program Income before further CDBG funds are drawn down., Awardee agrees that Awardee shall expend' . the Program Income funds prior to seeking payment of CDBG funds from the County: Twenty percent (20%) of the Program Income Awardee makes, retains or .rt Page 28 receives shall be paid to the County on a quarterly basis and reported in Awardee's quarterly Progress Report. At the conclusion of the contract period or upon termination of this Contract, Awardee shall immediately pay/return all Contract funds and Program Income to the County. C. Should Awardee be granted permission to use Program Income from a revolving loan activity, Program Income must be used only for the same revolving loan activity. d. All Program Income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan -related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. e. All Program Income from activities other than a revolving loan activity shall be substantially disbursed to carry out other PHCD-approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. f. Any proceeds from the sale of property as detailed in Section ll, Paragraph W.4., above, shall be considered Program Income. g. Th �Awardee shall obtain, as part of the required audit report, validation by a ceriifled auditor of all Program Income and its disposition. 3. Upon expiration or termination of this Agreement or at the end of any 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 of all or part of any Program Income balances (including investments thereof). 4. PHCD, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of Program Income generated by the Awardee, and such action shall not require an amendment to this Agreement. Y. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of PHCD's Policies and Procedures Manual. Z. Subcontracts and Assignments 1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior. written consent of the County. Subcontracting without the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https://www.sam&gyl Awardee shall provide to PHCD a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami -Dade County's debarred Contr is L-ist; Awardee shall, at a minimum, check at http:/Iwww.miamidade.aov/sm siness/business- development-reports.asp to determine if a person or entity is on Miami -Dade County's debarred contractor's list. Awardee shall provide PHCD with a printout copy of the site page that indicates the name and the date it was checked. Page 29 b. Comply with all CDBG requirements, as applicable, as well as the regulations specified in PHCD's Policies and Procedures Manual. C. Identify the full, correct, and legal name of the party. d. Describe the activities to be performed. e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or PHCD deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by PHCD, set forth in this Agreement. PHCD shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described above, and; Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board of Directors and a copy of which submitted to PHCD. In such circumstances that open, competitive bids are not feasible or that a minimum of three bids are unobtainable, permission to use other methods of award must be requested in writing and approved by PHCD prior to the assignment or award of subcontract. The Awardee agrees that no assignment or sub -contract will be made or let in connection with the Agreement without the prior written approval of PHCD, which approval shall not be unreasonably withheld, and that all such sub -contractors or assignees shall be governed by the terms and intent of this Agreement. g. Incorporate the language of Attachment E, "Certification Regarding Lobbying." h. Include language stating that the Subcontractor understands and agrees that the County is not a party to the subcontract and has no obligation to the subcontractor. i. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Awardee and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. 2. The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. Regardless of any approvals by PHCD of subcontracts or subcontractors, the Awardee shall bear all risks associated with subcontracting performance of the Activities to a subcontractor. 4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging any party who agrees to cant' out any substantive programmatic activities as may be determined by PHCD as described in this Agreement. PHCD's approval shall be obtained prior to the release of any funds to the subcontractor. Page 30 5. The Awardee shall receive written approval from PHCD prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. 6. Approval by.PHC,p of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar amount agreed upon in this Agreement. 7. If the subcontract involves $100,000 or more to provide services listed in the Scope. of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to PHCD (Attachment H). 8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list (Attachment H) without prior written approval from PHCD. 9. The Awardee shall not hire any of the Awardee's staff members or employees as :..:,`,,subcontractors. 10. Where an Awardee intends to use a Related or Affiliated General Contractor or Subcontractor, as defined herein, PHCD will require a third party non-affiliated professional in the same field as the Related or Affiliated General Contractor or Subcontractor, to be selected by PHCD, to review cost estimates and evaluate whether or not such estimates are less than costs that may be incurred by use of non -related or non-affiliated entities. The costs of this third -party review will be paid by the Awardee, however, said costs may be an eligible cost to be paid from the Contract funds. AA. Additional Funding The Awardee shall notify PHCD of any additional funding received for any activity described in this Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the Awardee's notification by the funding source. BB. Method of Payment The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to PHCD adequate proof, as determined by PHCD in its sole and absolute discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to PHCD canceled checks or original invoices approved by the Awardee's authorized representative which show performance of the Activities described in Attachment A and conformance with the laws, rules and regulations set forth in this Agreement. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to PHCD. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this Agreement as it may be revised with the prior written approval by PHCD. 2. Requests for payment (reimbursement) shall be assembled by calendar month and submitted to PHCD no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to PHCD, along with all original invoices, copies of front and back of cancelled checkspaid to all subcontractorsand suppliers, all release of liens from alll subcontractorsand suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices. In no event shall the County be obligated to pay any invoices for 5` expenses which were incurred more than 60 days prior to the date the request for payment is submitted to PHCD. 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party. Page 31 4. Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by PHCD of all reports and documents which the Awardee is required to submit to PHCD pursuant to the terms of this Agreement or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services. Payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement — Attachment A, which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payment(s) will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on file with PHCD and the County's Internal Services Department. PHCD must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this Agreement. If the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payment(s) if PHCD, in its sole discretion, so chooses. 7. All monies paid to the Awardee which have not been used to retire outstanding obligations of this Agreement must be refunded to PHCD in accordance with PHCD's Policies and Procedures Manual. 8. Any unexpended funds remaining after the completion of the services under this Agreement, or after termination of this Agreement, shall be recaptured in full by the County. 9. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all 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, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. 10. For special economic development projects: Notwithstanding any other provision herein, payments to Awardee shall be restricted in the following manner: payment by the County of expenditures contained within Attachment B, "Budget," to this Agreement shall be on a pro rata basis in accordance with the level of development progress and percentage of construction completed by Awardee using funds from Awardee's equity contribution toward the project. CC. Reversion of Assets The Awardee shall return to PHCD, upon the expiration or termination of this Agreement, all assets owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, including but not limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as required by the County to effectuate the reversion of assets.. DD. Restriction on the Use of Funds The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be used for. Page 32 1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Awardee shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. 2. Religious Purposes. County funds shall not be used for religious purposes. 3. Commingling Funds. The Awardee shall not commingle funds provided under this Agreement with funds received from any other funding sources, but may be included in a Development Bank Account permitted by the first mortgage lender at the discretion of the County. III. THE COUNTY AGREES: Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions contained within this Agreement in an amount not to exceed the appropriated amount as stated on page 1 of this contract. IV. THE AWARDEE AND PHCD AGREE: A. Effective Date 1. This Agreement shall begin on the effective start date as stated on page 1 of this contract. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This Agreement shall expire on the end date as stated on page 1 of this contract. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this Agreement. 3. This Agreement may, at the sole and absolute discretion of the County and PHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph Y, or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. 4. Management Evaluation and Performance Review The Department may conduct a formal management evaluation and performance review of the Awardee, if in the Department's sole discretion it is deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices. The performance review should reflect the quality of service provided and the value received using monitoring data, such as progress reports, site visits, and client surveys. B. Default or Breach 1. The Awardee shall be in default or breach of this Agreement if any of the following acts, omissions or conditions occur: a. The Awardee fails to fulfill each and every provision of this Agreement and the Attachments and fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Agreement, including but not limited to failure to meet the National Objective, as determined by the County and U.S. HUD. Page 33 b. Awardee fails to disclose all Related or Affiliated Parties and all matters required to be disclosed as to Related or Affiliated Parties to the County as requried herein. C. Filing of a lis pendens, foreclosure action, or other legal action against the Property, any property of Awardee or Related or Affiliated Party, or against Awardee or Related or Affiliated Party which the County determines, in its sole discretion, threatens the Property or the ability of Awardee to fulfill the provisions of this Agreement and the services outlined in the Scope of Services. d. Any arrearage, default, or late payment on any loan, Note or other debt or obligation for which the Property is security or regarding any property of Awardee or Related or Affiliated Party, including properties not related to this Agreement. e. Any legal encumbrance on the Property not permitted in writing by the County. f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. g. Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h. Awardee fails to report to the County within ten. (10) days any bankruptcy, reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis pendens, foreclosure action or legal encumberance related to the Awardee, Related or Affiliated Party or the Property, or any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement. i. Failure to comply strictly with Section W(2)(a)(1 �(2) of this Agreement. j. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as set forth in this Agreement, or to submit documentation (via Progress Reports and applicable supporting documentation) sufficient to show Awardee has met said Benchmarks. C. Suspension 1. The County may suspend payment in whole or in part 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 in writing the actions that must be taken by the Awardee as conditions precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for its own direct and indirect costs associated with such suspension, including attorney's fees. Reasonable cause shall be determined by PHCD, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or improper use of these Agreement funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to materially comply with any term or provision of this Agreement; C. Failure by the Awardee to submit any documents required by this Agreement; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. Page 34 e. Failure of Awardee to maintain regular business hours if providing services to low to moderate incoome residents and or businesses. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as set forth in this Agreement, or to submit documtion (via Progress Reports and applicable supporting documentation) sufficient to show Awardee has met said Benchmarks. 2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this Agreement. 3. PHCD will notify the Awardee of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). D. Termination 1. Termination at Will This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten (10) working days notice when PHCD determines that it would be in the best interest of PHCD and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Awardee With County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Awardee under this Agreement; and/or (c) terminate or cancel any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for its own direct and indirect costs associated with such termination, including attorney's fees. 2. Termination for Convenience PHCD may terminate this Agreement, in whole part when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional costs under this Agreement. 3. Termination Because of Lack of Funds In the event of a funding short -fall, or a reduction in federal appropriations, or should funds to finance this Agreement become unavailable, PHCD may 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, or in person with proof of delivery. PHCD shall be the final authority to determine whether or not funds are available. PHCD may at its discretion terminate, renegotiate and/or adjust the Agreement award whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Awardee through Board of County Commissioners' action, the Awardee may, at its discretion, request in writing from the Director of PHCD a release from its contractual obligations to the County. The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Default or Breach Page 35 NO PHCD may terminate this Agreement upon no less than twenty-four (24) hours written notification to the Awardee for breach or default. 6. Termination for Failure to Make Sufficient Progress. PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering ultimate Agreement performance, or is not materially complying with any term or provision of this Agreement, PHCD may treat such failure to comply as a repudiation of this Agreement; 7. Termination for Bankruptcy The County reserves the right to terminate this Agreement, if, during the term of any Agreement the Awardee has with the County, the Awardee becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Awardee under federal bankruptcy law or any state insolvency law. 8. General to Termination and Breach Unless the Awardee's breach is waived by the County in writing, the County may, by written notice to the Awardee, terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions herein do not limit the County's right to legal or equitable remedies. The County may resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. In the event the County shall terminate this Agreement for default or breach, the County or its designated representatives, may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 9. Penalties for Fraud, Misrepresentation, Material Misstatement, or Criminal Conviction In accordance with the Code of Miami -Dade County, Section 2-8.4.1, and other County policies, if Awardee or any individual, corporation, firm, partnership, joint venture or other business entity in which Awardee or its principals has a Controlling Financial Interest attempts to meet its contractual obligations with the County under this Agreement or any other County agreement or County program through fraud, misrepresentation or material misstatement, or is convicted of fraud, bribery or any other corrupt or criminal act in connection with any County program or County agreement, the County shall have the sole and absolute discretion to terminate this Agreement and may terminate or cancel any other agreements which Awardee or such individual, corporation, firm, partnership, joint venture or other business entity in which Awardee or its principals has a Controlling Financial Interest has with the County. Such individual or entity shall be responsible for its own direct and indirect costs associated with such termination or cancellation, including attorneys fees. The foregoing notwithstanding, any individual, corporation, firm, partnership, joint venture or other business entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. For the purposes of this section, "controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the Page 36 outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. E. Other Remedies In addition to other provisions set forth herein, in the event of default by the Awardee, the County shall have the right to exercise any and all of the following remedies: 1. Awardee shall be liable for all damages, including but not limited to: a. the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for reprocurement of Services, including procurement and administrative costs; and b. such other direct damages. 2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's performance of this Agreement or any breach or default, notwithstanding the expiration or termination of this Agreement. I Seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. The Awardee shall be responsible for its own direct' and indirect costs associated with such enforcement, including attorney's fees. 4. Debar the Awardee from future County contracting. 5. Any other remedy available at law or equity. Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement, and the County may withhold any payments to the Awardee until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination. ,"Reasonable, allowable costs" are those costs which are necessary in order to perform Awardee's obligations under this Agreement and specifically exclude expenses incurred prior to the execution date of this Agreement, personal expenses, travel expenses, expenses related to.additional phases of the Project not specifically and expressly incorporated into this Agreement. PHCD shall be the sole judge of "reasonable, allowable costs." All compensation pursuant to this Article is subject to an audit at the County's discretion. Awardee shall not receive payment for lost future revenues, lost developer fees or lost profits. E-1. Limitation of Liability and Limitation of Remedies Awardee acknowledges that the County is providing substantial funds to Awardee at low or no cost to Awardee, and that these CDBG funds are for the purpose of providing a benefit to the community health and welfare. j� Therefore, notwithstanding any other provision herein, the Parties agree to the following limitations on liabilities for any and all claims of any kind arising from or in connection with performance or breach of this Agreement, which limitations shall apply equally to both Parties: 1. Both Parties' cumulative liability for damages, if any, is limited to the amount of the CDBG funds set forth in Section III, above. 2. Neither party shall be liable for lost revenues, lost profits, lost program income, or lost Page 37 developer fees. 3. Each party shall bear its own attorney's fees and costs. Neither party shall be liable for costs incurred by the other parry prior to the execution of this Agreement. F. Renegotiation, Modification and Right to Waive 1. Modifications of provisions of this Agreement shall be valid only when in writing and signed by duly authorized representatives of each party, which for the County is the County Mayor or Mayor's designee. The parties agree to renegotiate this Agreement if PHCD determines, in its sole and absolute discretion, that federal, state, and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. PHCD shall be the final authority in determining whether or not funds for this Agreement are available due to federal, state and/or County revisions of any applicable laws or regulations, or increases in budget allocations. 2. The County shall have the right to exercise an option to extend this Agreement beyond the current Agreement period and will notify the Awardee in writing of the extension. This Agreement may be extended beyond the initial extension period upon mutual agreement between the County and the Awardee, upon approval by the County Mayor or Mayor's designee. 3. The County may, for good and sufficient cause, waive provisions in this Agreement. Waiver requests from the Awardee shall be in writing. No waiver shall be valid unless in writing and signed by the County Mayor or Mayor's designee. Any waiver shall not be construed to be a modification of this Agreement. 4.. The County's failure to exercise any of its rights under this Agreement, or the County's waiver of a provision on any one occasion, shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by the County in the exercise of any right shall operate as a waiver. G. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with PHCD's Policies and Procedures Manual. All budget revisions shall require an amendment of this Agreement, which the County shall have no obligation to execute. The County shall not be obligated to make payments for expenditures incurred prior to the approval of the budget revision related to such expenditures. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by PHCD no later than five (5) working days of the action; written notification will constitute a Agreement amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, The County will revise the budget at its discretion. The County in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are classified as noted in the Scope of Services shall not require a Agreement amendment. H. Compliance Page 38 The County shall have the right to inspect, monitor, and inquire of Awardee , at the sole and absolute discretion of the County, remain in effect during any period that the Awardee is obligated to complete a National Objective or has control over Agreement funds, including Program Income, in order to ensure compliance with the CDBG Regulations. However, the County shall have no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. The Awardee agrees to comply with all applicable State and��`dunty laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. This contract may be executed in counterpart copies, and these counterparts shall together constitute an original of this Agreement. Disputes In the event an unresolved dispute exists between the Awardee and PHCD, PHCD shall refer the questions, including the views of all interested parties and the recommendation of PHCD, to the County Mayor for determination. The County Mayor, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in the event additional time is necessary, PHCD will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that it shall not bring any legal action or against the County until thirty (30) days from the County Mayor issuing his/her determination. J. Headings The section and paragraph headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. K. Minority Participation In order to gain greater Black business participation, the Awardee may submit its Agreements to the County Mayor for bidding and award in accordance with County policies and procedures. L. Proceedings This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising under, in connection with or related to this Agreement or related to any matter which is the subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Miami -Dade County, Florida. M. Notice and Contact All notices between the Parties shall be in writing and sent by registered or certified mail and addressed as follows: TO AWARDEE: City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn: Steven Alexander, City Manager COPY TO: Attn : Page 39 TO COUNTY: Miami -Dade County 111 N. W. 1 st Street Miami, Florida 33128 Attn: Maurice L. Kemp, Deputy Mayor COPY TO: Public Housing and Community Development 701 NW 1st Court, 14t' Floor ' Miami, FL 33136 Attn: Michael Liu, Director COPY TO: Public Housing and Community Development 701 NW 151 Court, 14t' Floor Miami, FL 33136 Attn: Letitia Goodson, PHCD Project Manager COPY TO: Assistant County Attorney County Attorney's Office 111 N. W. 1 st Street, Suite 2810 Miami, Florida 33128 Attn: Brenda Kuhns Neuman, Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this Agreement. In the event that any of the.information required by the provisions of this Article is changed by either of the Parties after the execution of this Agreement, the affected Party shall give notice in writing within five (5) days to the other Party of the amended pertinent information, which shall be attached and incorporated into this Agreement. N. WAIVER OF JURY TRIAL NEITHER THE AWARDEE, SUBCONTRACTOR, NOR ANY OTHER PERSON LIABLE FOR THE RESPONSIBILITIES, OBLIGATIONS, SERVICES AND REPRESENTATIONS HEREIN, NOR ANY ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE, SUBCONTRACTOR OR ANY SUCH OTHER PERSON OR ENTITY SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES, OR ANY OF THEM. NEITHER AWARDEE, SUBCONTRACTOR, NOR ANY SUCH PERSON OR ENTITY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES JJERETO, AND THE PROVISIONS HEREOF SHALL BE SUBJECT TO NO EXCEPTIONS. NO PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. 0. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement, including any rights, title or interest therein, or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. P. Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. Q. Survival Page 40 The parties acknowledge that many of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, maintain Contract Records, and provide sufficient evidence of CDBG Regulation compliance for the duration of the period in which Awardee is obligated to meet a National Objective or has control over CDBG funds as well as the County's right to inspect and monitor the Project and Awardee for complaince with the HOME Regulations, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. R. Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no affiliation between the contracting parties. It is expressly understood and intended that the Awardee is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the County. The Awardee is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Awardee's sole direction, supervision and control. The Awardee shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees, servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise, Agreement or representation other than specifically provided for in this Agreement. S. All Terms and Conditions Included This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B - Budget; Attachment B-1(H) Idemnification and Insurance Requirements; Attachment B-2 — CDBG Program Requirements (Non -Housing Only); Attachment C - Progress Report,Set-Up Forms, Performance & Benefit Data Supplement to Quarterly Expenditure & Progress Report; Attachment D - Information for Environmental Review; Attachment E — Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage; Attachment G — Fair Subcontracting Policies; Attachment H — Subcontractor/Supplier Listing) contain all the terms and conditions agreed upon by the parties; Attachment I — Agreement to Authorize Examination of Records and Adhere to Records Retention Requirements; Attachment J — Calculation for Use of Program Income from CDBG Activities (Micro -Lenders Only). No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. T. Conflict In the event that a conflict arises between any prior funding documents and/or agreements governing this development, the terms, provisions and definitions included in this Agreement shall prevail. In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the project's true "gap" financing needs to be less than the maximum award allocated by the Board of County Commissioners, the SLR amount shall prevail and the amount of CDBG funds described in this Agreement shall be subsequently reduced. "Gap" financing means the difference between the amount of financing available for the Project from other sources and the total project cost. In the event Awardee applies for and is awarded by the Board of County Commissioners ("BCC") additional funding for the same Project, as described in this Agreement, a separate Agreement or amendment to this Agreement must be negotiated and executed between Awardee and the County Mayor or Mayor's designee. Any differences between the terms and conditions set forth in this Agreement and the subsequent funding award shall require a negotiation between the Parties in order to resolve those differences. Awardee understands and acknowledges that changes to the Project or Activities Page 41 described in this Agreement may not be accomplished by applying for and being awarded subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the BCC funding for an additional phase of the same Project, a separate agreement must be negotiated and executed between the Parties. Under no circumstances shall Awardee assert that a subsequent application for and award of funds for the same project constitutes and amendment of this Agreement. Awardee expressly assumes any and all risk of loss or damage associated with a subsequent application for and award of funds for the same Project where such subsequent application by Awardee includes terms which conflict with the terms of this Agreement. U. Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the'singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. V. Survival The parties acknowledge that any of the obligations in this Agreement, including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. W. Corporate Governance A Not -for -Profit Awardee shall abide by and be governed by Chapter 617,` FIdNa Statutes, particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by reference as if fully set forth herein in connection with its Agreement obligations hereunder. A For -Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if fully set forth herein in connection with its contractual obligations hereunder. X. Miami -Dade County Implementing Order: 10 4-132 will apply to this Agreement. This Implementing Order requires the County to charae Awardee annlirnhle fPPs as nt Alinpri hainw• PUBLIC HOUSING AND COMMUNITY DEVELOPMENT SERVICE RATE SCHEDULE Fee Name Proposed Fee f FY 2018 —19 Fee Due Construction Inspection Fee $1,500.00 At Loan Closing Contract Extension/Modification Fee (Multi -Family Development Loans $2,500.00 At Time of Request for Extension Page 42 IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized, this _j&±t day of TL.* 2019. - AWARDEE: City of Sot BY: NAME: TITLE: DATE: rd NAME: TITLE: DATE: Witne: BY: BY: t vDe or Flint Name Type or Print Name C� e- Federal ID Number: 59-6000431 Resolution #: R-814-18 Awardee's Fiscal Year Ending Date: September 30th _. ,CORPORATE SEAL MIAMI-DADE COUNTY BY: NAM Carlos A. Gimenez A n I r' c I . 1�- TITLE: Mayor DATE: (e ATTEST BY: TITLE: Clerk, Board of County Commissioners DATE: G hp �eQ GOMAf/ hA SCOLIN Z 2 8 .� C0�1Y i m Gu �00.\Or pj� Page 43 • 1 i ATTACHMENT A PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FY 2018 Scope of Services October 1, 2018 through September 30, 2020 City of South Miami- Marshall Williamson Park 1. -ACTIVITY TITLE: IDIS #: RESOLUTION #: DUNS #: 2. -ACTIVITY DESCRIPTION: 2a — Activity Category: 2b. — Objective: 2c. — Outcome: 3. -APPROVED BY BCC: Other Funding Source and Amount: 4. - FY 2018 TOTAL PROJECT COST: 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 and Block Group: a. - ACTIVITY ADDRESS: 9. -LOCATION: NRSA (Activity located in): District (Activity located in): 10. -LABOR STANDARD applicable Type of Work ❑ Building ❑ Residential City of South Miami -Crime Prevention Through Environment Design TBD R-814-18 24628976 8 $3,525.42 Total $150,000 03F LMA 570.208(a)(1) 1 Public Facility 1615 76.03/1 6121 SW 68 Street, South Miami, Florida 33143 South Miami 7 Source: CDBG FY: ❑ Highway ❑ Heavy 11. Set aside units different from total units 12. INSURANCE REQUIREMENTS: Workers Compensation Insurance, Commercial General Liability Insurance, Auto mobility Liability Insurance and Professional Liability Insurance. See Attachment for detailed requirements. For economic development projects, the County expressly permits the Awardee to use Program Income to continue the same Activities described in the Scope of Services to additional beneficiaries 0 ortionate with the amount of Program Income retained. Project Manager. Letitia Goodson Mla�r. �1-7/1 „/ HCD Manager Tab 05 — Application Sub -Section Public Facility Capital Improvement Marshall Williamson Park CPTED - City of South Miami Abbreviated Activity Description: The project is to renovate the park using the Crime Prevention Through Environmental Design (CPTED) to reduce the Crime in the area. Details Activity Description: The project is design and construction of Park Infrastructure Improvements, that may include: benches, lighting equipment, stationary ping-pong equipment, signs, landscape, sidewalks, emergency blue light call box system, and a gunshot detection system, following the Crime Prevention Through Environmental Design criteria. The purpose of the project is to provide a safe environment to residents, by reducing the crime in the park. The CIP Project Manager's salary and all other costs related to the project and programs are covered by the City of South Miami. Activity Location: 6125 SW 68th Street, South Miami, FL 33143 The Park is located in the NRSA, Commission District 7 Location . ' '64th Sc gW - _ SW 641h St •'• - :.�eiG'[hS[ - 0 W _--5yI5EmS m III Lh•h S. -- _ - sv. ''..e t.,.r.a __ - Murray Park'.. P.ed Road .-z StUd ❑LED) ID rsh +tatg Is .. ... m zj 'D Sv-orFC is -. oUnited''Sletes 'T PoSlalSaiviGE - ��, -� � South Mlaml Metrorall'c� Larkin ..cmmunfty - .:� � '. ©.Hcsp lal '; •__ -_yam � r/ ,,.� Not To Scale 13 L9 Proposed Accomplishments: The CPTED renovation will help to control and reduce the crime at the park. Also, it will enhance the physical, social, and cultural use of the park. After the project's completion, area residents will enjoy nature and pleasant activities in a safe environment. Phase I: Design. Preparation of architectural drawings showing existing and proposed Crime Prevention Design infrastructure. Phase II: Construction. construction of Park Infrastructure Improvements, that may include: benches, lighting equipment, stationary ping-pong equipment, signs, landscape, sidewalks, emergency blue light call box system, and a gunshot detection system, that will help to prevent and reduce crime. Quarterly Milestones: Complete design and construction phases. Priority Needs Statement: The City of South Miami will hire consultants to provide design and construction services Action Steps: The use of grant funds will start after the Grant Agreement is executed by City Commission authorizing the City Manager to enter an agreement, and Miami -Dade County agreement execution. Public Facility Capital Improvement Marshall Williamson Park CPTED - City of South Miami 14 TT, - 41 00 0 W-ME N saga �•°�� IV0I110n109 'IYNt911/0 S11 01 03HOIS31 30 73.VHS•SY3tlV 03GUMS10 77V 't 31 U: ANV 1Y'Xt 03OX3 IN S3dO1S 31MO ION 77VHS SHOW 03SOdOdd JO *,V- WIM ONOWD 71V T :oH IA 4 3)yU 1V Xt 0339X3 ION .77VHS S3d07S�SSOVO N7 AMS 71Y Z ,WV "• `-MIX AW IV XS (333X3 I(N 00 3d07S 7YNI011lI9N07 SN7YAi301S IVHI 3HnSNI.01 03SOdCWd OW ISM SM17 HWY IV 13 IS1XT 7VVOUIOOY N1Y180 TMS d01OMNOO '1 Bi -[Y N •' �t - •f N33ML38 f� • • • • •, �� •13gy1LL1V1N f :L i f fLvcwW a VI• w . r 3"IVbS JWdVUE) • t i, xm xu:t M aromD m i ry i X4 moo; uw gLv —. •--- r — swuwo msarow ufow, fiTJ me W= nog? > YDOM MOX AMMO MGM � e 3o 1fq An now ltOt wu &%w =ago ('n{) rn YmW axm — Li— YOiD•V /0 lm OItbO Rl01v7 • ' a6071 C,"..o. irbs 000'l = dV0 \\ h•' •\ r >a ' n jI +r,•tea+ Lfl.rt Irs+� I N3d '11'bs y3d'SNO77YO 00'0%0'd 008 IM 378YA M 3H 30 d10) 5038 :. \ f �' • ,r: � aJ� �< < '��ya ,, � ��,` T NOUdalOSSV HCU Od9 009 M03 ►f3W 07313-MV110 HOH3t11; 03!!I!l03i/ 31YtflO7YJ '�'c qn \ �� \ \` \ r , f'. �; �-r�' `` �► ( SI 'O'd'9 008 d0 MOvY NO O3SY9 ` $ 'b \`aF \®+ a , •k, �a •1 fG jw ♦ — •� ".'�:••� MS YWJ OUd3S 03ONM700321 3H1 . _ 9 318VI H1WH 30 d30 NO MSVS 'i 009 �, \ • �— NOSlI3d/0d9t X OOZ M0'U N9IS30 ' AY0 37d03d OOt NO 03SY8 .OV07 NJlS30 , '! 6NOI11rUYJ'IVO amm Wma 1•Y.N•C3i ,v )NVl ,L 1 \ j -:K)kifM laLVM 3Z9YlO4f AW rmw AVMV,.- \ 2 3�1. ;Nu \ \ \ \ ♦ ! j 1 ♦ \ ! a 1 ` \ 'NW .00{ ¢•� Vot11m 39 Ta AWJ MLd38 0380d0i1d \` \ \ 1 ! 1 3J.oN v \�1},\\ \ / 15�r 1♦ I 1 etEClsuax IIffMN{►If1 RYI ,.,.�L : A ..\ % \ \ \ \I I ,,Wtf•� \ • ` \, \ n I \ I Y \ r `„ \ ' Engineers s Planners 0 0 c O� yr ii [ E r � � a o � N �T wu MJA� lm MW o rrae Feucvia n xuxe<n ai.o '�J Attachment Al Public Facilities and Infrastructure Improvements - City of South Miami - FY18 Marshall Williamson Park CPTED Project ID Task Name Required Resource Enter In the % of Task Completed (as of today) En[er In the Start Dale of Task Calculated End Dafe ATask Notes: 1 THIS CHART INFORMATION r on a e e opm n se ON DAD s s•MCC 0.00 Porject Manager for final Contract) 1.1.1 submit required Enviromneta Review (ER) form see attachment D In the Contract) Agency 0.00 8/1/18 9/7/18 1.1.2 environmental review process Environmental Specialist 0.00 8/1/18 9/7/38 1.1.3 submitta o scope and udget Agency 0.00 8/1/18 9/7118 1.1.4 scope and budget review by Public Housing and Community Development (PHCD) Project Manager (PM) Project Manager 0.00 8/1/18 9/7/18 1.1.5 prepare and assemble contract with Attachments A to H (24 cfr 92.504) Project Manager 0.00 9/1/18 3/31/19 1.1.6 submit contract for agency signature to execute Project Manager 0.00 9/1/18 3/31119 7,1.7 return signe contract to PHCD or nal processing Agency 0.00 9/3/18 3/31/19 1.1.8 submit CDBG contract to Miami -Dade Mayor's Office PM Supervisor and PM Manager 0.00 9/1/18 3/31/19 T. 1.9 receive and distribute executed PHCD Contract Project Manager 0.00 9/1/18 3/31/39 milestone Review 1.2 FreTuevelopment Phase 0.00 1.2.2 submit sources and uses statement Agency 0.00 8/1/18 9/7/18 1.2.3 submit required insurance certificate Agency 0.00 10/1/18 9/30/20 1.2.4 submit insurance document to Miami -Dade GSA Project Manager 0.00 10/1/18 9/30/20 1.2.6 pro forma Agency 0.00 8/1/18 9/7/18 1.2.7 Environment clearance letter Environmental Specialist 0.00 9/7/18 9/7/18 1.2.8 Design Process Agency 0.00 4/1/19 1/31/20 1.2.9 submit quarterly progress report (Due no later than 10 days after the end of each quarter) Agency 0.00 10/1/18 10/10/20 Milestone Review 1.3 Pre, Bid Phase k� 0.00 1.3.1 RFP package for General Contractor (GC) Agency 0.00 2/1/20 4/30/20 1.3.2 Submit RFP package for GC to PHCD Agency 0.00 2/1/20 4/30/20 1.3.3 review RFP bid package for GC by PHCD Project Manager/Construction N 0.00 2/1/20 4/30/20 1.3.4 review RFP bid package for GC by PHCD's Compliance Unit Compliance Unit 0.00 2/1/20 4/30/20 1.3.5 Provide Davis Bacon Wage Determination to Agency Compliance Unit/Project Mange 0.00 2/1/20 4/30/20 1.3.6 Submit revised RFP feedback to Agency Project Manager 0.00 2/1/20 4/30/20 1.3.7 PHCD to give agency written approval for RFP bid package for Project Manager 0.00 2/1/20 4/30/20 1.3.8 Pre -bid meeting Agency/PHCD Staff/Bidders 0.00 2/1/20 4/30/20 1.3.9 Bid/RFP opening Agency 0.00 2/29/20 4/30120 1.3.10 Check debarment list Agency 0.00 2/29/20 4/30/20 1.3.11 Selection/Award Agency 0.00 2/29/20 4/30/20 1,3,12 Place order for Miami -Dade Construction Sign by PHCD Project Manager 0.00 2/29/20 4/30/20 r es one evrew Page 1 of 3 as of 4/2/2019 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; 1.4 - . . 0.00 1.4.1 executed GC contract Agency 0.00 5/1/20 6/30/20 1.4.2 Submit GC contract, bid tabulations, recommendation by agency staff, resolution approving selection, copy of ad to PHCD Agency 0.00 5/1/20 6/30/20 1.4.3 submit print out of proof that the debarment lists where checked Agency 0.00 5/1/20 6/30/20 1.4.4 Submit copies of State, County and City Ucences and Certicate of Competencies Construction Manager o.00 S/1/20 6/30/20 1.4.5 Certi icate o Insurance Construction Manager 0.00 S/1/20 6/30/20 1.4.6 Payment of Performance Bond Construction Manager 0.00 5/1/20 6/30/20 1.4.7 Submit W-9 Request for Taxpayer ID# Construction Manager 0.00 5/1/20 6/30/20 1.4.8 Notice to Bidders Prospective Contractor Agency 0.00 5/1/20 6/30/20 1.4.9 Statement of Bidders Construction experience Agency 0.00 5/1/20 6/30/20 1.4.10 Certification receipt Agency 0.00 5/1/20 6/30/20 1.4.11 Insurance Requirements Agency 0.00 5/1/20 6/30/20 1.4.12 affirmation action standard 24 CFR 92.351 Agency 0.00 5/1/20 6/30/20 1.4.13 Certification of Compliance with Part 60-2 Affirmative Action Program Agency 0.00 5/1/20 6/30/20 1.4.14 Certification Regarding Drug Free Workplace Agency 0.00 5/1/20 6/30/20 1.4.15 Assurance of Companies Agency 0.00 5/1/20 6/30/20 1.4.16 Section 3 Requirements (GC must meet Section 3 Requirements) Agency 0.00 5/1/20 6/30/20 1.4.17 Section 3 Clause Agency 0.00 S/1/20 6/30/20 1.4.18 check debarment list Project Manager 0.00 S/1/20 6/30/20 1.4.19 review GC bid package and contract by PHCD Project Manage Manager 0.00 S/1/20 6/30/20 1.4.20 review GC bid package and contract by PHCD's Compliance Uj Compliance Unit 0.00 5/1/20 6/30/20 1.4.211 PHCD to give agency written approval for GC Project Manager 0.00 6/1/20 6/30/20 1.4.22 quarterly progress report (Due no later than 10 days after the end of each quarter) Agency 0.00 4/1/19 7/10/21 Lsubmit Milestone Review 1.5..J'-onsrrU,cqqn rnase 0.00 1.5.1 pre -construction conference Agency CD to 0 8130/2 1 • •2 notice to proceed Agency 0.00 7 i 20 8 30 20 1. obtain permits JAgency 0.00 7 1 20 13 30 20 Page 2 of 3 of 4/2/2019 Attachment At 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: - Improvemvent Renovation Site preparation, demolition, clean-up 0.00 971706 12 30 21 t.. Construction renovation new instal ation plumbing 0.00 9 1 20 6 30 21 Construction close-ourtand approved Inspection 7.7 Completion Phase 0.00 - submit final progress report Agency 0.00 7121 71021 1.7.Z submit payment with final release of liens Agency 0.00 7 21 7 3 21 T.TT final walk thru All 0.00 7 21 7 3 21 t- .4 Certificate of completion Agency 0.00 7 1 21 7 3 21 1- .5 project completion form Agency 0.00 7 1 21 7 3 21 - .6 construction close out All 0.00 7 1 21 7 3 21 1.7.7 submit LMI information to PHCD's Compliance Unit Project Manager 0.0o 8/1/20 9/31/2021 1-7.8 review LMI information - S Compliance Unit am 8/1/20 9/31/2021 1-•9 print out copy of Finance balance Project Manager O.W 8120 9312021 1..10 report accomplishment in 1015 IDIS Specialist 0.00 8120 9312021 -ti submit project close letter to agency PHCD s comp aince unit 0.00 8 1 20 9 31 2021 Milestone Review Page 3 of 3 as of 4/2/2019 CONSTRUCTION BUDGET FOR CDBG FUNDS South Miami Pit CITY OF R IA&ANT WING FY 2018 CDBG - Marshall Williamson Park CPTED October 1, 2018 thru September 30, 2020 BUDGET SUMMARY ATTACHMENT B MAJOR CATEGORIES: CDBG NON-PHCD TOTAL FUNDING 1. Personnel $ - $ - $ - 2. Contractual Services $ - 3.Operating Expenses $ - $ - 4. Commodities $ - $ - 5. Capital Outlay $ 150,000.00 $ 50,000.00 $ 200,000.00 iFY 17 - CDBG $ 150,000.00 $ 50,000.00 $ 200,000.00 FUNDING SOURCES: CDBG Grant $ 150,000.00 City's Contribution $ 50,000.00 Total $ 200,000.00 IQ (07A CONSTRUCTION BUDGET FOR CDBG FUNDS ATTACHMENT B South Miami Marshall Williamson Park CPTED TtWcm of PUAS&VTLMvG City of South Miami CDBG FY 2018 October 1, 2018 thru September 30, 2020 SUB OBJECT DESCRIPTION PHCD CITY'S TOTAL AMT CDBG AMOUNT CONTRIBUTION 01 Personnel Project Manager $ - $ - $ - FICA/MICA $ - $ - $ - Total Personnel $ - $ - $ - 90 Capital Outlay Environmental $ Site Preparation $ - $ - $ - Property Taxes $ - $ - $ - Building Permits $ - $ - $ - Construction, and Installation $ 150,000.00 $ 50,000.00 $ 200,000.00 Impact Fees $ - $ - Total Capital Outlay $ 150,000.00 $ 50,000.00 $ 200,000.00 TOTALS $ 150,000.00 $ 50,000.00 $ 200,000.00 FUNDING SOURCES: CDBG Grant $ 150,000.00 City's contribution $ 50,000.00 Total $200,000.00 GOVNI'Y 11,41PENINIFICATION AND INSURANCE —B-I(H) 1 FOR �Q The Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. The Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall furnish to Miami -Dade County, c/o of Public Housing and Community Development, 701 NW V Court, 14" Floor, Miami, FL 33136, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Commercial General Liability Insurance in an amount not less than $300,000 per occurrence. Policy must be endorsed to include coverage for Completed Operations. Miami -Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A-" as to management, and no less than "Class VIP' as to financial strength by Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Financial Services. CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW Is'STREET SUITE 2340 MIAMI, FL 33128 ATTACHMENT B-2 (Non -Housing) The Awardee may achieve the LMI national objective by undertaking activities that fall under one of four (4) primary LMI cagegories: 1. To benefit Low Mod Area (LMA) For activities designed to meet the LMI national objective category of Low Moderate Area Benefit (LMA), the Awardee shall ensure. and maintain documentation, acceptable to PHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to residents in a particular area, where at least 51 % of the residents are LMI persons. The service area of the activity must be primarily residential and the activity must meet the identified needs of LMI persons. A service area is considered to meet the test of being LMI if at least 51 % of the persons residing in the service area are low- to moderate -income, as determined by: a. the most recently available decennial Census information, together with the Section 8 income limits that would have applied at the time the income information was collected by the Census Bureau; or b. a current survey of residents of the service area. If the proposed activity's service area is generally the same as a census tract or block group, then the Census data may be used to justify the income characteristics of the area served. 2. To benefit Low Mod Limited Clientele (LMC) For activities designed to meet the LMI national objective category of Low Moderate Limited Clientele (LMC), the Awardee shall ensure and maintain documentation, acceptable to PHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity in which no less than 51 % of the beneficiaries of the activity are LMI persons. Activities in this category provide benefits to a specific group of persons rather than everyone in an area. It may benefit particular persons without regard to their residence, or it may be an activity that provides a benefit to only particular persons within a specific area. With respect to determining the beneficiaries of activities as LMI and qualifying under the limited clientele category, activities must meet one of the following tests: a. Benefit a clientele that is generally presumed to be principally LMI. This presumption covers abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or b. Require documentation on family size and income in order to show that at least 51 % of the clientele are LMI; or c. Have income eligibility requirements limiting the activity to LMI persons only; or d. Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. 3. Low Mod Job Creation or Retention Activities (LMJ) The job creation and retention Low Moderate Job (LMJ) benefit national objective category addresses activities designed to create or retain permanent jobs, at least 51 % of which, computed on a full-time equivalent basis, will be made available to, or held by, Page 1 of 2 LMI persons. For Awardees undertaking activities to create jobs, there must be documentation indicating that at least 51 % of the jobs will be held by, or made available to LMI persons. For Awardees undertaking activities that retain jobs, there must be sufficient information documenting that the jobs would have been lost without the CDBG assistance and that one or both of the following applies to at least 51 % of the jobs: a. The job is held by a LMI person; or b. The job can reasonably be expected to turn over within the following two years and steps will be taken to ensure that the job will be filled by, or made available to, a LMI person. For the purpose of determining if the preceding requirements are met, a person may be presumed to be LMI if: i. He/she resides in a Census tract/block numbering area that has a 20% poverty rate (30% poverty rate if the area includes the central business district); and the area evidences pervasive poverty and general distress; or ii. He/she lives in an area that is part of a Federally -designated Empowerment Zone (EZ) or Enterprise Community (EC); or iii. He/she resides in a Census Tract/block numbering area where at least 70% of the residents are LMI. 4. Low Mod Housing Activities (LMH) The housing category of LMH benefit national objective qualifies activities that are undertaken for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by LMI households. In order to meet the housing LMI national objective, structures with one unit must be occupied by a LMI household. If the structure contains two units, at least one unit must be LMI occupied. Structures with three or more units must have at least 51 % occupied by LMI households. a. Rental buildings under common ownership and management that are located on the same or contiguous properties may be considered as a single structure. b. For rental housing, occupancy by LMI households must be at affordable rents as established annually by the U.S. Department of Housing and Urban Development (HUD) and consistent with standards adopted and publicized by PHCD. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. If the Awardee is a primarily religious entity, it shall comply with all provisions of 24 CFR 570.200 0). For Housing, Rehabilitation, and Construction activities, all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding its compliance with the national objective, and PHCD will have the right to monitor the activity. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502. Page 2 of 2 14tAN ATTACHMENT C PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 Repoiting Period; ❑ 4 _ Quarter [Jan -Mar]. ❑ 2"d Quarter [Apr -Jun] ❑ 3"d Quarter [Jul -Sept] ❑ 4t' Quarter [Oct -Dec] /Annual Report ( Section l: General Information Recipient Name (Organization): Contact Person (Name & Title): Activity Name (Project Title): Activity Address: Activity Description: Telephone Number: Program Income: (if IDIS #: Funding Source: Funded Amount: applicable) $ Activity Category: ❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Public Service ❑ Housing ❑ Homebuyer Assistance ❑ Tenant -Based Rental Assistance (TBRA) ❑ Homeless Housing Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities Outcome: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability h i deer p been has aid or otherwise received fifty" � percent: (50%) andaeventy Section,ll Financ�al Information At.the trine the Awar percent (70°1o}'of;the Agreement Funds,ahe Awardees reporting these expenditures must submit docuinentation to sFiow that Awardees has accorriplished;50% and 016respectively;` of the.Activities described herein. A B C D F F r; u Approved Total Actual Expenditures Reimbursed Cumulative Projected Projected Cumulative Category Budget Expended Cumulative Cumulative [Through end of Percentage Expenditures Expenditures � Quarter] ] [Through end of this quarter] [B & D] [Next Quarter] [By end of contract this quarteg Period Personnel $ $ $ $ % $ $ Contractual $ $ $ $ % $ $ Operating $ $ $ $ % $ $ Costs Commodities $ $ $ $ % $ $ Capital $ $ $ $ % $ $ Outlay TOTAL $ $ $ $ % $ $ Program Income The disposition of Program Income not specifically listed in the approved Program Income budget requires prior written approval from PHCD. 1. Does this activity generate Program Income? ❑ Yes ❑ No 2. If yes, indicate the amount generated this quarter. $ CD114151712 1 of 3 MIAME PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION 1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status: ❑ A=Exempt ❑ C=Completed ❑ D=Underway 3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No Section III: ❑ Work in Progress [On -going Activities] ❑ 50% and 70% benchmark ❑ Accomplishment Narrative [Activity Completed] Check appropriate box and reference the Scope of Services, included in your contract, as the basis for reporting the work in orooress or accomplished in a brief narrative format. [ ig Attach Scope of Services ] Section IV: Other Supporting Efforts Provide a description, using quantifiable data, of all other supporting efforts that have begun completed durino this period. Section V: Problems Encountered Provide a brief description of any problems or delays encountered during this period or partially implemented, or Section VI: Technical Assistance If your organization has a need or anticipate a need for technical assistance during this period nahvp of the assistance reauired please describe the Section VII: Performance Measurement `Notes: A Supplemental Performance & Benefit Data Report must be submitted if any actual achievements are reported during this reporting period and all HOME funded projects must submit applicable activity set-up form. Accomplishment Type: ❑ People [01] ❑ Households [04] [1 Businesses [08] ❑ Organizations [09] ❑ Housing Units [10] ❑ Public Facilities [11] ❑ Jobs [13] National Objective: ❑ Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA] -or- ❑ Direct Benefit [e.g. LMC, LMH, LMJ] People or Households •Achievements: ❑Yes ❑ No If yes, what is the accomplishment type? ❑ People -or- ❑ Households People HouseholUS tLMri activities Only) Total People Low / Mod Total Households Low / Mod Female Headed Projected Goal Actual This Quarter Actual Cumulative Supplemental Report Attached Y / N Performance & Benefit Data: C0114151712 Rev 11114117 2 of rola PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 ❑ Housing —or— ❑ Public Service & Administration —or— ❑ Capital Improvement & Public Facilities Housing Units ■ Achievements: ❑ Yes' ❑ No Owner Rental Buyer Total Projected Goal Actual This Quarter Actual Cumulative Supplemental Report Attached Y / N ❑ Performance & Benefit Data: Housing Jobs or Businesses Achievements: ❑ Yes ❑ No If yes, what is, the accomplishment type? ❑ Jobs -or- ❑ Businesses Total Job Count Total Weekly Hours Percent Jobs Created Full -Time (FT) FT Low I Mod Part -Time (PT) PT Low / Mod Low / Mod Jobs Projected Goal Actual This Quarter Actual Cumulative Assistance to Businesses Projected Goal Actual This Quarter* Actual Cumulative New Businesses Existing Businesses Total Supplemental Report Attached Y / N ❑ Performance & Benefit Data: Economic Development PERFORMANCE CERTIFICATION: 11 This certifies that No Accomplishments occurred during this Quarter. Initials NOTE: Submittal of Supplemental Form — Performance & Benefit Data is not required at this time based on the certification that no accomplishments occurred during this quarter. CERTIFICATION This is to certify that the data and other information provided in this Report is correct, based on official accounting system and records, and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by: Print Name Signature of Certifying Official: Title: Title: FOR PHQp USE ONLY , Report ❑ is / ❑ is not complete • Report ❑ is / ❑ is not accurate Initial review for completeness and accuracy completed by — Name: Name: Supervisor Date: Date: Date: Activity IDIS Number: Project Manager Warming: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. I. P..Vm.This material is available in an accessible format upon request. CD114151712 3 of 3 EAM ML ATTACHMENT C 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: ❑ Acquisition / Disposition ❑ Clearance / Demolition ❑ Street Improvements ❑ Public Facility / Type: ❑ Building / Type: ❑ Other Capital Improvement /Type: [indicate below] Activity Category: Accomplishment Type: ❑ Structures. ❑ Parcels ❑ Structures • ❑ Parcels Persons Served + Low/Mod Income Reporting`Period IaQuarter[Jan-Marl El 2"d Quarter [Apr -Jun] 3rd Quarter [Jul -Sept] 4th Quarter [Oct -Dec] / Report El Persons Served • Low/Mod Income Facilities + Persons Served • Low/Mod Income Persons Served • Low/Mod Income # of Structures # of Parcels # of Facilities # of Persons Served # of Low/Mod Income �• • iT;;� Instructions & Applicability: National Objectives include LMA & LMC activities with any 03 matrix code except 3T. 1. Total Persons Assisted for program year: 2. Counts by Households (H) or Persons (P): 3. Of the Total Persons, enter the number: Number of Persons With New Access to this service or benefit With Improved Access to this service or benefit With access to a service or benefit that is No Longer Substandard Note: This field must equal the number in Total Persons Assisted. Total With New Access to this type of Public Facility or Infrastructure Improvement With Improved Access to this type of Public Facility or Infrastructure Improvement With access to Public. Facility or Infrastructure that is No Longer Substandard Note: This field must equal the number in Total Persons Assisted. Total Homeless persons given overnight shelter Number of beds created in overnight shelter or other emergency housing :�� ate' eJ 't -r• -'ri •3 _t '-- i a-..o_.a Is this activity located in a NRSA? ❑Yes ❑No If yes, the NRSA must be identified, as applicable, using the maps provided via Miami -Dade County's website — Services Near You: http'//gisweb miamidade gov/CommunitvServices/. A copy of the printout must be included with this report Provide the following information: NRSA # of Clients Served NRSA # of Clients Served CDIIY51712V t of 3 M AM !IM 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: Street / City I Zip Code -or- Folio Number is there is no street address Location / Project Address: Street / City / Zip Code -or- Folio Number is there is no street address RACE & ETHNICITY CATEGORY Instructions: (1) Indicate the total number of persons or households served in each Racial Category for this reporting period and the cumulative total. (2) From the total number depicted in each Racial Category, indicate the numbers that are of Hispanic Ethnicity for this reporting period and the cumulative total. Report Period Totals Race Ethnicity Racial Categories Total Number # Hispanic Cumulative I YTD Totals Race Ethnicity Total Number # Hispanic 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 1191 Other / Multi Racial [20] Totals o CKICCIT IGICr1C1111ATIr1N Report Period Totals Cumulative / YTD Totals Total Number Income Levels Total Number Extremely Low (30% or less) Low (31 % - 50%) Moderate (51 % - 81 %) Non Low/Mod (81% or greater Totals Re orting based on household units only. Number of Female Headed Households AREA -BENEFIT INFORMATION Census ( C) or Survey (S) Data Used: Total # of Low/Mod in Service Area: Percent of Low/Mod in Service Area: Census Tract: Block Groups: Census Tract: Census Tract: Block Groups: Block Groups: If (S), enter # of Low/Mod & Total Population: Total Low/Mod Universe Population in Service Area: 2 of CD/1531712V M! PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES Supplement to Quarterly Expenditure & Progress Report FY 20 PAR73 - CE kNO OF FUNDS [Other Fundny 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: Name of Funding Source Total Funds a REQUIRED ATTACHMENTS [if applicable]: 1) Certificate of Completion; 2) Printout of NRSA map, if applicable; 3) Documentation of performance / accomplishments, e.g., new or improved access to services, facility, or infrastructure I upgrade; and 4) Documentation as described in the Contract or Scope of Services, or as instructed by the County. Report Prepared by: Print Name Title: Signature of Certifying Official,.,,, > _ Title: Date: Date: Warning: Tide 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. wThis material is available in an accessible format upon request. CD11951712V 3 of MEAM ,a ATTACHMENT D PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grant or loan recipient, . Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part 1. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: ® CDBG ❑ HOME ❑ HOPE VI ❑ HOMELESS (SRO/SHP) ❑ EDI ❑ NSP Indicate Fiscal Year: FY 2018 2.. Name of Subrecipient/Agency: City of South Miami 3. Name of Proposed Activity: Marshall Williamson Park Crime Prevention Improvement 4. Location Address with City, ST and Zip) of tivity or Project: 6121 SW 68th St South Miami, FL 33143 6. Site Folio Numbers : 09-4025-063-0030 7. 'Commission District(s): Board of County Commissioner, Xavier Suarez, District 7 8_ Direct Contact inffirmMinn of lnan/nrnnt reciniPnt- Name: Zachariah A. Cosner Address: 6130, Sunset Drive City: South Miami - State: FL Zip: 33143 Phone: 305 663-6330 Fax: 9. Detailed description of activity or project: The project is design and construction of Park Infrastructure Improvements, that may include: benches, lighting equipment, stationary ping-pong equipment, signs, landscape, sidewalks, emergency blue light call box system, and a gunshot detection system, following 1 the Crime Prevention Through Environmental Design criteria. The purpose of the project is to provide a safe environment to residents, by reducing the crime in the park. The CIP Project Manager's salary and all other costs related to the project and programs are covered by the City of South Miami. 10. What is the purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. Capital Improvement 11. What is the status of activity or project? For example, Pre -Development Phase, Rehab/Construction Underway, Rehab/Construction Completed, etc. Presently no action has been taken yet. The Proje will commence as soon as funds become available and an award letter is issued. Part II. PROJECT OUTCOME Will the activity or project result in the following? YES NO X 1. Change in use X 2. Sub -surface alteration (i.e. excavations) X 3. New construction X 4. Renovation or demolition X 5. Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc. X 6. Building improvements (windows, doors, etc.) X 7. Displacement of persons, households or business X 8. Increase in population working or living on site X 9. Land acquisition X 10. Activity in 100-year floodplain X 11. A new nonresidential use generating at least 1,375,000 allons of water or 687,500 gallons of sewage per day. X 12. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc. X 13. A sanitary landfill or hazardous waste disposal site X 14. Tree removal or relocation X 15. Street improvements X 16. The impounding of more than 10 acre feet of water (e.g. digg ng a lake or diverting or deepening of a body of water. 2 Part III. SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and proposed land use: • Existing? Existing - Recreational Use. • Proposed? No changes to the Recreational Use. Does the site have any known contaminants? ❑ YES O/ • • If there are known contaminants, has a Phase I audit been completed? If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. N/A ❑ YES 2. Site Plan: ❑ NO Does the proposed activity include a new structure(s) or site improvements on a site of one f 1) acre or more? ® YES n Nn If yes, a site plan must be Provided Proiect(s) will not be environmentally reviewed without a site a plan. 3. Photographs: Does the activity include new construction, renovation or rehabilitation? ❑ NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site, the following information: • Existing structure(s) on site? ® YES ❑ NO • Estimated age of structure(s)? Park Site since 1964 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? 3 ® YES ❑ NO If yes, what is the estimated cost of rehabilitation or renovation? _$200,000 (includes improvement specifications, $50,000; and construction, $ 1501,000 What is the amount sought for funding? $150,000 In addition, indicate if the estimated value of the improvement represents: ® 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ® NO If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely. presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and underground storage tanks (available through the Department of Permitting Environment and 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 in the soil. Has a Phase I been performed? ❑ YES ® NO 6. Environmental Health Information: • If a residential site and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? N/A ❑ YES ❑ NO If yes, please submit the results. • Have any child under the age of six at the site been tested for elevated levels of lead in the body? ❑ YES ® NO If yes, please submit the results. 0 7. Other Site Information: YES NO 1. Flood insurance required? X 2. Public water available on site? X 3. Public sewer available. on site? I X 4. Children under 6 years of age residing on site or relocating to site (including day care facility)? X 5. Hazardous waste disposal facility? X 6. Storage of hazardous materials on site? X 7. Abandoned structure(s) on site? X Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For -all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housingibuilding 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 photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION 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 (1lydar maximum. Steven J. Alexander Print Name City of South Miami Name of Organization or Corporation Signature City Manager Title Date Unless otherwise indicated, return completed form and attachments to: Project Management Division Public Housing and Community Development 701 NW 1st Court -14t" Floor Miami, Florida 33136 5 TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT* CENST** CEST*** EA**.** Economic Development New Construction X Rehab X1 X2 Non-Construction/Expansion X Housing Single Family Rehab X Multi -Family Rehab X' X2 New Construction X Homeownership Assistance X Affordable Housing Pre-Dev. X Capital Improvement Handicapped Access X Public Facilities X' X2 Infrastructure X' X2 Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice/No ' Publish Notice/No Notice/No RROF (No Statutory FONSI and RROF RROF Requirement NOI/RROF Triggered) Or Publish NOI/RROF (Statutory Requirement Tri eyed Estimated Time Frame (Excluding 30-45 Days 30-45 Days 45-90 Days 90 Days Triggered Statutes) Minimum X' If for continued use and change in 'density (or size) of less than 20% X2 Change in density (or size) of more than 20% * Exempt Exempt Activities ** CENST Categorically Excluded and Not Subject to 58.5 *** CEST Categorically Excluded Subject to 58.5 "*** EA Environmental Assessment (Format II) CD/38/10412 G MIAM'D PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS ATTACHMENT E 59-6000431 024628976 Federal Employer Identification Number (FEIN) Dun & Bradstreet Number (D-U-N-S'O) City of South Miami A) Name of Entity, Individual(s), Partners or Corporation South- 6130 Sunset Drive Miami Street Address (P.O. Box Number is not permitted) City 1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the Miami -Dade County Code) B) Doing Business As (if same as line A, leave blank) FI USA 33143 State (U.SA) Country Zip Code Firms registered to do business with Miami -Dade County, shall require the person contracting or transacting such business with the County to disclose under oath his or her full legal name, and business address. Such contract or transaction shall also require the discosure under oath of the full legal name and business address of all individuals having any Interest (legal, equitable, beneficial or otherwise) in the contract other than subcontractors, materialmen, suppliers, laborers or lenders. Post office box addresses shall not be accepted hereunder. If the contract or business transaction is with a corporation the foregoing Information shall be provided for each of5cer and director and each stockholder holding, directly or indirectly, five (6) percent or more of the outstanding stock in the corporation. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the foregoing information shall be provided for the trustee and each beneficiary of the trust. The foregoing disclosure requirements shall not apply to contracts with publidy- traded corporations, or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof, or any municipality of this State. Use duplicate page if needed for additional names. If no officer, director or stockholder owns (5%) or more of stock please write "None" below. PRINCIPT S . FULL LEGAL NAME TITLE ADDRESS OWNERS CHECK BOXES BELOW FULL LEGAL NAME TITLE a x �a o 0 "e ADDRESS GENDER RACE I ETHNICITY M F g a a a� c� z ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑ ❑ ❑ 1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I ❑ ❑ ❑ ❑ If a percentage of the firm is owned by a publicly traded corporation, indicate below in the space 'Other Corporations' OTHER CORPORATIONS ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Page 1 of 9 CD152131413N MIAM 0=1 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS Z MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-133, amending Section 2.8-1(d) (2) of the Miami -Dade County Code) The following Information Is for compliance with all Items in the aforementioned Section: 1. Does your firm have a collective bargaining agreement with its employees? Yes ❑ No ❑ 2. Does your fine provide paid health care benefits for its employees? Yes ❑ No ❑ 3. Provide a current breakdown (number of persons) in your frm's work force indicating race, national origin and gender. NUMBER OF EMPLOYEES MaleA Females White Black Hispanic Asian / Pacific Islander Native American / Alaskan Native Other Total Number of Employees Total Employees 3. MIAMI-DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (Section 2-8.1.2(b) of the Miami -Dade County Code) All persons and entities that contract with Miami -Dade County are required to certify that they will maintain a drug -free workplace and such persons and entities are required to provide notice to employees and Impose sanctions for drug violations occurring In the workplace. In compliance with Ordinance No. 92-15 of the Code of Miami -Dade County, the above named firm is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. Danger of drug abuse in the workplace 2. The firm's policy of maintaining a drug -free environment at all work places 3. Availability of drug counseling, rehabilitation and employee assistance programs 4. Penalties that may be Imposed upon employees for drug abuse violations The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug -free workplace policy and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and Including termination. Firms may also comply with the County's Drug Free Workplace Certification where a person or entity is required to have a drug -free workplace policy by another local, state or federal agency, or maintains such a policy of its own accord and such policy meets the Intent of this ordinance. 4. MIAMI-DADE COUNTY DISABILITY AND NON-DISCRIMINATION AFFIDAVIT (Article 1, Section 241.5 Resolution R-182-00 Amending R-385-95 of the Miami -Dade County Code) Firms transacting business with Miami -Dade County shall provide an affidavit Indicating compliance with all requirements of the Americans with Disabilities Act (A.D.A.). 1, state that this firm, Is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor shall comply with all applicable requirements of the laws including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The American with Disabilities Act of 1990 (A.DA.), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. Sections 225 and 611 Including Titles I,11, Ill, 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 Act as amended, 42 U.S.C. Section 3601-3631 1. hereby affirm that I am in compliance with the below sections: Section 2-10.4(4)(a) of the Code of Miami -Dade County (Ordinance No. 82-37), which requires that all properly• licensed architectural, engineering, landscape architectural, and land surveyors have an affirmative action plan on file with Miami -Dade County Section 2-8.1.5 of the Code of Miami -Dade County, which requires that firms that have annual grass revenues in excess of rive Page 2 of 9 CD/52131413/V MIAM 04=2 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS (5) million dollars have an affirmative action plan and procurement policy on file with Miami -Dade County. Finns that have a Board of Directors that are representative of the population make-up of the nation may be exempt 5. MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Section 10.38 of the Miami -Dade County Code) Firms wishing to do business with Miami -Dade County must certify that it's contractors, subcontractors, officers, principals, stockholders, or affiliates are not debarred by the County before submitting a bid. I, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami - Dade County. 8. MIAMPDADE COUNTY AFFIDAVIT RELATING TO INDIVIDUALS AND ENT177ES ATTESTING BEING CURRENT IN THEIR OBLIGATIONS TO MIAMI-DADE COUNTY (Ordinance 99-162, amending Section 2-8.1; Ordinance 00-30, amending Section 2-8.1(c), and Ordinance 00-67, amending 2-81 (h), of the Miami -Dade County Code) Firms wishing to transact business with Miami -Dade County must certify that all delinquent and currently due fees, taxes and parking tickets have been paid and no individual or entity in arrears in any payment under a contract, promissory note or other document with the County shall be allowed to receive any new business. I, confirm that all delinquent and currently due fees or taxes Including, but not limited to, real and personal property taxes, convention and tourist development taxes, utility taxes, and Local Business Tax Receipt collected in the normal course by the Wiami-Dade County Tax Collector and County issued parking tickets for vehicles registered In the name of the above firm, have been paid. 7. MIAMI-DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT (Article 1, Section 241(i) of the Miami -Dade County Code through (6) and (9) of the County Code and County Ordinance No 00-1 amending Seccdon 2-11.1(c) of the County Code) Firms wishing to transact business with Miami -Dade County must certify that It has adopted a Code that complies with the requirements of Section 2-8.1 of the County Code. The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum; require the contractor to comply with all applicable governmental rules and regulations. I confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2-8.1 of the County Code, and that such code of business ethics shall apply to all business that this firm does with the County and shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations. 8. MIAMI-DADE COUNTY FAMILY LEAVE AFFIDAVIT (Artide V of Chapter If, of the Miami -Dade County Code) Firms contracting business with Miami -Dade County, which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks in the current or preceding calendar year, are required to certify that they provide family leave to their employees. Finns with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter (signed by an authorized agent) that it does not have the minimum number of employees required by the County Code. I confirm that if applicable, this firm complies with Article V of Chapter 11 of the County Code, which requires that firms contracting business with Miami -Dade County which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks In the current or preceding calendar year are required to certify that they provide family leave to their employees. 9. MIAMI-DADE COUNTY UVING WAGE AFFIDAVIT (Section 249 of the of the Miami -Dade County Code) All applicable contractors entering Into a contract with the County shall agree to pay the prevailing living wage required by this section of the County Code. confirm that if applicable, this firm complies with Section 2-8.9 of the County Code, which requires that ail applicable employers entering a contract with Miami -Dade County shall pay the prevailing living wage required by the section of the County Code. Page 3 of 9 CD/52/31413N IAM a PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS 10. MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT (Article 8, Section 1 IA-60 — 1 IA-67 of the of the Miami -Dade County Code) Firms wishing to transact business with Miami -Dade County must certify that it is in compliance with the Domestic Leave Ordinance. confirm that if applicable, this firm complies with the Domestic Leave Ordinance. This ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working In Miami -Dade County for each working day during the current or preceding calendar year. 11. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the Miami -Dade County Code) The individual or entity entering into a contract or receiving funding from 'the County ❑ has ® has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering Into a contract or receiving funding from the County ❑ has ® has not as of this date been convicted of a felony during the past ten (10) years. (Signature) Swom to and subscribed before me this 4a day of , 20_L o ` Personally known (,- Notary Public State of(3ZZV.Adjj.,) Or produced identification (Type of identification) My commission expires FFratib MARIAL.GARCIA MY COMMISSION # GG 11676211 gWjP . October 16, 2021 (Print, type or sta Page 4 of 9 CD/52/31413/V MIAM IMMIPUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1.- This form statement is submitted to _Miami Dade County by Steven J. Alexander, City Manager (Print individual's name and title) for City of South Miami (Print name of entity submitting sworn statement) whose business address is 6130 Sunset Drive, South Miami, FL 33143, and if applicable its Federal Employer Identification Number (FEIN) is _59-6000431 If the entity has no FEIN, include the Social Security Number (SSN) of the individual signing this sworn statement: SSN - - 2.- 1 understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutesmeans a violation of any state or federal law by a person with respect to, and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3.-1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of. guilt, in a federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4.-1 understand that an "Affiliate" as defined in paragraph 287.133 (1)(a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime or; b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 moths shall be considered an affiliate. 5.- 1 understand that a "person" as defined in paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6.- Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) Page 5 of 9 CD/52131413N MIAM 136=1PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS X Neither the entity submitting sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with, and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). Vt UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 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 IN TH�N CONTAINED IN THIS FORM. (Signature) Swom to and subscribed before me this °2 day of , 20 _a. Personally know _ 1)k��'� Or produced identification Notary Public -State of (Type of identification) My commission expires •�Steele •� MARIAL.'nARC 1A f MY COMMl8Sl0 j t:::,: i! "782 i� EXPIRES: (Wpbei 15, 2021 Thru Mr ....j r: i:ridt XtiiCrB (Print, jbSiMp rramsno ry public) Page 6 of 9 CD/52/31413N MIAM IM PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST 1.- Do you have any past due financial obligations with Miami -Dade County? Single Family House Loans Yes ❑ No Multi -Family Housing Rehab Yes ❑ No CDBG Commercial Loan Project Yes'❑ No U.S.HUD Section 108 Loan Yes ❑ No Other HUD Funded Programs Yes ❑ No Other (liens, fines, loans, occupational licenses, etc.) Yes ❑ No If YES, please explain: 2.- Do you have any past due financial obligations with Miami -Dade County? YES ❑ NO If YES, please explain: 3.- Are you a relative of or do you have any business or financial interests with any elected Miami -Dade County official, Miami -Dade County Employee, or Member of Miami -Dade County's Advisory Boards? YES ❑ NO If YES, please explain: Any false information provided on this a davit will be reason for rejection and disqualification of your project -funding request to Miami -Dade County The answers tot <regoinguestions�coctlydto th b at of my knowledge and belief. By. (Signatu Applicant) (Date) Sworn to and subscribed before me this day day of 20 Pe tally known Or produced identification Notary Public -State of My commission expires (Type of identification) MARIAL. GARCIA " W COMMISSION # GO 115752 EXPIRES: October 16,2021 name CD/52/314131V IAM Mom! PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS COLLUSION AFFIDAVIT (Code of Miami -Dade County Section 2-8.1.1 and 10-33.1) (Ordinance No. 08-113) BEFORE ME, A NOTARY PUBLIC, personally appeared _Steven J Alexander (Insert Name of Affiant) who being duly sworn states: I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of this contract. I state that the bidder of this contract: ® is not related to any of the other parties bidding in the competitive solicitation, and that the contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, fine, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. OR ❑ is related to the following parties who bid in the solicitation which are identified and listed below: Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a paren any or the principals thereof of one (1) bidder or proposer have a direct or indirect owlemW interest in another bidder or proposer for the same agreement. Bids or proposals found a collusive shall beLejecter wf"J. Alexander 5/ 9- 6/ 0/ 01 0%4_/_3/ 1/ Name of Affiant and Title Federal Employer Identification Number _City of South Print Name 6130 Sunset Drive, South Miami, FL 33143 Address of Firm Page 8 of 9 CD/52/31413/V MIAM4 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) UNIFORM AFFIDAVITS SUBSCRIBED AND SWORN TO (or affirmed) before me this 1-2v— day of4 2Qff- He/She is personally known tome or has presented w AA P,2 as identificaboy--\ /,/) Type of identification Serial Number Print or Stamp Nam of� Expiration Date Notary Public State of Notary Seal E ¢dlhau No�ary pubk UrdanMle�% Page 9 of 9 CD/52/31413N a PUBLIC HOUSING AND COMMUNITY DEVELOPMENT DEVELOPER'S AFFIDAVIT THAT MIAMI-DADS COUNTY TAXES, FEES AND PARKING TICKETS HAVE BEEN PAID (Section 2-8.1 (c) of the Code of Miami -Dade County, as amended by Ordinance No. 00-30) and THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY (Section 2-8.1 (h) of the Code of Miami -Dade County, as amended by Ordinance No.00-67) 1, being first duly swom, hereby state and certify that the foregoing statements are true and correct: 1. That I am the Developer (if the Developer is an individual), or the City Manager (fill in the title of the position held with the Developer) of the Developer. 2. That the Developer has paid all delinquent and currently due fees or taxes (including but not limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in the normal course by the Miami -Dade County Tax Collector, and County issued parking tickets for vehicles registered In the name of the above developer, have been paid. 3. That the Developer is not in arrears in excess of the enforcement threshold under any contract, final non -appeasable judgment, or lien with Miami -Dade County, or any of its agencies or Instrumentalities, including the Public Health Trust, either directly or indirectly through a firm, corporation, partnership or joint venture in which the Developer has a controlling financial interest. For purposes hereof, the term "enforcement threshold" means any arrearage under any individual contract, non -appeal able judgment, or lien with Miami -Dade County that exceeds $25,000 and has been delinquent for greater than 180 days. For purposes hereof, the term "controlling financial interest" means ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation, or aZdiint interest of ten percent or more in a firm, partnership, or other business entity. BY•2018 ` ate Steven J. Alexander, City Manager 59-6000431 Printed Name of Affiant and Title Federal Employer Identification Number City of South Miami Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this- (:�da of 2 O by %5�n �,Fle/She is Rersonally I� n to me or has presented as identification. Type o enti nation M Si ature of Notary Print or Stamp Name of Notary Notary Public -State of (44t6 Jzc� - Serial Number Expiration Date ww"Pun 09W kem MU Notary Seal tza`a1w0O-Sa d s ,. MPUBLIC HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR DUE DILIGENCE AFFIDAVIT Per Miami -Dade County Board of County Commissioners (Board) Resolution No. R-63-14, County Vendors and Contractors shall disclose the following as a condition of award for any contract that exceeds one million dollars ($1,000,000) or that otherwise must be presented to the Board for approval: (1) Provide a list of all lawsuits in the five (5) years prior to bid or proposal submittal that have been filed against the firm, its directors, partners, principals and/or board members based on a breach of contract by the firm; include the case name, number and disposition; (2) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has defaulted; include a brief description of the circumstances; - (3) Provide a list 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 as a notice to cure or a suspension from participating or bidding for contracts, whether related to Miami -Dade County or not. All of the above information shall be attached to the executed affidavit and submitted to the Procurement Contracting Officer (PCO)/ AE Selection Coordinator overseeing this solicitation. The Vendor/Contractor attests to providing all of the above information, if applicable, to the PCO. Contract No.: ContractTitle: Marshall V% Steven J. Alexander Printed Name of Affiant City of south Miami Name of Firm Federal Employer Identification Number (FEIN): 59-6000431 City Manager Printed Title of Affiant Date of 6130 Sunset Drive South Miami Florida 33143 Address of Firm State Zip Code Notary Public Information Notary Public -State- County of - Subscribed and sworn to (or affirmed) before me this O� �� day of 20 1 BY He or she is pe orally known to me `0 or has produced idenscadon ❑ Type of identification d d Signa re o otary Public Print or Stamp of Notary Public Expiration Date MARIAL. GARCIA lk MY COMMISSION # GG 115752 r PIRES. octaber 10, 2021 goffi-e� if 2/2014 COUNTY PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ETHICS COMMISSION DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS Applicant: City of South Miami Go -Applicant: In accordance with Section 2-11.1 Subsection (c), and (d) of the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance, covered persons defined under 2-11.1(b) are required to request an Ethics Opinion if they are seeking to participate in housing assistance programs administered by the PHCD. Check if any of the following applies to you: ❑� Itwe do not currently work for Miami -Dade County (no additional action is required). ❑ Uwe am/are a School Board or Federal Employee. These employees are not covered under Section 2-11.1 of the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance (no additional action is required). ❑ I/we am/are an appointed or elected County Official (Ethics Opinion must be sought - h ttp://ethics. miamidade. go vArequently-used-forms. asp) ❑ Uwe amlare a Miami -Dade County Employee (Ethics Opinion must be sought - http:/lethics.miamidade.gov/frequently-used-forms. asp). • Please provide the department and division name below: ❑ I/we am/Mg immediate family to a Miami -Dade County employee, appointed or elected official. (') Immediate family is defined as spouse, domestic partner, parents, stepparents, children and stepchildren (Ethics Opinion must be sought - httpllethics.miamidade.goviftequently-used-forms.asp). • Please provide the following information regarding the County employee, appointed or elected official: Name of employee, appointed or elected official: Department, Division, or Board: Signature of Applicant: Signature of Date: Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. ALC/AMICNC DI1 /82414N CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, . amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in • the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts 'under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: (Signature of Authorized Representative) Print: City of South Miami, Steven J. Alexander (Print Name of Firm and Authorized Representative) Title: City Manager Date: P -D-/ V Sout(emiami THE CITY OF PLEASANT LIVING DISCLOSURE ABOUT RELATED PARTIES August 24th 2018 THERE ARE NO BOARD MEMBERS OF THE City of South Miami WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH City of South Miami OPERATIONS. ATTACHMENT F County Construction Sign i � i A,&I Id L, I a] tollj U I &I '13 ❑ NON GOB STANDARD 4' X 8' CONSTRUCTION SIGN uln Ground 1 Sided "In Ground 2 Sided nA-Frame 1 Sided DA-Frame 2 Sided MODIFIED 2' X 3' CONSTRUCTION SIGN Portable A -Frame Quantity required This Form to be Emailed to: Makingston Chery:cmakin@miamidade.gov and Hernan Lopez lopezh@miamidade.gov Sign is 4' X 8' with 12' post • Project Manager to mark location of sign(s) on site. • Installer to call Sunshine 811 or 1-800-432-4700 for underground inspection before digging. Service Ticket # Index code GOB Capital Project Number Project Name Project Number Estimated Project Completion Date (mm/dd/yyyyj Project Website Project Manager 1iE1iMV Department, Phone Number: District Commissioner Funding a 40 Go o a Other Specify: Sign location ad -lua aNnGuiG iucauon o7 characters Mt® PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) • ATTACHMENT G FAIR SUBCONTRACTING POLICIES (Ordinance 97-35) FAIR SUBCONTRACTING PRACTICES In compliance with Miami -Dade County Ordinance 97-35, the Developer submits the following detailed statement of its policies and procedures of awarding subcontracts: Policies and procedures of awarding subcontracts are attached as Exhibit G-1 I hereby certify that the foregoing information is true, correct and complete. Signature of Authorized Representative: Title: City Manager Date: Firm Name: City of south Miami FEIN: Address: 6130 Sunset Drive City: South Miami Telephone: 663-6330 Zip Code: Fax: 33143 59-6000431 State: FL CD/51/31313N t South(em`iami PURCHASING POLICY The purchasing policy is in accordance with City of South Miami Charter Article III, Section 5 (Power and Duties) and Florida Statute Chapter 287. Purchases less than $5,000.00. Purchases of, or contracts for, materials, supplies, equipment, improvements or services for which funds are provided In the budget, where the total amount to be expended is not in excess of $5,000.00, may be made or entered into by the City Manager without submittal to the City Commission and without competitive bidding. Single purchases or contracts in excess of $5,000.00 shall not be broken down to amounts less than $5,000.00 to avoid the requirements of this subsection. Purchases of less than $1,000.00 do not require: — Purchase orders — Sealed Competitive bids Purchases of less than $5,000.00 but greater than $1,000 do require: -- A minimum of 3 written quotes from 3 different vendors unless piggybacking off an existing governmental contract, which was part of an acceptable competitive bid process. — An approved purchase order — Must have been included in the original budget or received approval from the City Manager. Purchases more than $5,000.00 but less than $25,000.00. Purchases of or contracts for materials, supplies, equipment, improvements or services for which funds are provided in the budget, where the total amount to be expended is in excess of $5,000.00 but which does not exceed $25,000.00, may be made or entered into by the City Manager with submittal to the City Commission and without competitive bidding, but shall require that the City Manager obtain quotes from at least three different vendors. Single purchases or contracts In excess of $25,000.00 shall not be broken down to amounts less than $25,000.00 to avoid the requirements of this subsection. Purchases more than $5,000.00 but less than $25,000.00 require: Approval by the City Manager before the expenditure is made or funds committed. — A minimum of 3 written quotes from 3 different vendors unless piggybacking off an existing governmental contract which was part of an acceptable competitive bid process — City Commission approval Purchases in excess of $25,000.00. Purchases in excess of $25,000.00 shall be In compliance with the competitive bidding requirements. Purchases in excess of $25,000.00 require: — Competitive bid process unless piggybacking off an existing governmental contract which was part of an acceptable competitive bid process — Purchase orders must be obtained before an expenditure is made or funds committed and approved by the City Manager, — City Commission approval CiTY OF SOUTH MIAMI BUDGET FY 2017-2018 77 r South(eM . iami iin r III (N VIIA,-„i If the Manager deems the goods and services an emergency affecting life, health, property or safety, the above policy is waived, but must remain in accordance with City of South Miami Charter Article III, Section 5 (Power and Duties) and Florida Statute Chapter 287. CITY OF SOUTH MIAMI BUDGET FY 2017-2018 78 MAW WMPUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT H SUBCONTRACTORISUPPLIER LISTING (Ordinance 97-104) Firm Name of Prime Contractor/Developer City of South Miami This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed by the developers on County contracts for purchase of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all developers on County or Public Health Trust construction contracts which involve expenditures of $100,000 or more. This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, must be completed and submitted even though the developer will not utilize subcontractors or suppliers on the contract The developer should enter the word "NONE" under the appropriate heading on this form in those instances where no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract shall not change or substitute first tier subcontractors, direct suppliers or the portions of the contract work to be performed, or materials to be supplied from those identified, except upon written approval of the County. Business Name and Address of First Tier Subcontractor/ Sub- consultant Scope of Work to be Performed by Subcontractor/Sub- consultant Principal Owner (Principal Owner) Gender Race None Business Name and Address of Direct Supplier SuppgeslMaterials/Services to be provided by Supplier Principal Owner (Principal Owner) Gender Race None tiyy-thaCthe representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge and accurate. ii Steven J. Alexander City Manager e Developer(s) Print Name Print Title Authorized Representative (Duplicate if additional space is needed) aPage 1 of 1 CD/53/314131V Ma ATTACHMENT I PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Agreement To Authorize Examination of Records and Adhere to Records Retention Requirements The undersigned agrees to the stipulations noted below for all work, materials, and services provided under this agreement dated and/or for all other third -party agreements/contracts for labor, materials, and services related to the work covered by this agreement for the City of South Miami project/activity. The undersigned shall ensure, and shall require all parties with whom it contracts to ensure, that Miami -Dade County, the Department of Housing and Urban Development, or Comptroller General of the United States, or any of their duly authorized representatives shall, have access to and the right to examine any of the following records from the awardee, sub -recipient, developer, contractor, subcontractor, suppliers and/or any other entity involved in any capacity in the above -referenced projectlactivity, for seven (7) years after final payment under contract. Records shall include, but are not limited to, the following: Contracts, sub -contracts, audits, financial books, ledgers, copies of canceled checks (front and back), wire transfer confirmations, payment requests (draws), invoices, receipts, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes, other media storage, pertinent books, documents, papers, or other records —whether physical, electronic, or in any form-- involving transactions related to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. The awardee, sub -recipient, developer, contractor, sub -contractor, sub -tier, suppliers and or any other entity involved in any capacity in the above -referenced project shall adhere to the following records retention requirements: a) Maintain, and require that its sub -contractors and suppliers maintain complete and accurate records to substantiate compliance with the requirements set forth in the contract/agreement documents for this project. b) The undersigned shall retain such records, and all other documents related to the services and materials furnished for this project, for a period of three (3) years from the completion of the activity or project. Other information: a) The County may conduct unannounced visits to offices, satellite offices, work sites, supplier warehouse, etc. of all entities involved in any capacity in the above -referenced project. b) Pursuant to the contract, there may be additional records requirement not listed in this agreement. Entitv Name: Employer ID XFID #: City of South Miami 59-6000431 Full Address (including City, ST and Zip) and Email Address 6130 Sunset Drive, South Miami, FL 3 Signature: Print Name: Date: Steven J. Alexander Title: City Manager Check one, as applicable: Developer Prime -Contractor Sub -contractor or sub -tier sub -contractor X_ Other (specify) City Manager ow.4This material is available in an accessible format upon request. CD161/31616 Public Housing and Community Development Attachment J Community Development Block Grant (CDBG) Program Not Applicable