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06-11-07{ Chair . Vice Chair Member Member Member Member Member 100, Waking our Neighborhood a Great Noce to Live, Work and Play" Horace G. Feliu Randy G. Wiscombe Velma Palmer Marie Birts Jay Beckman Adrian Ellis Rodney Williams General Counsel Eve Boutsis Acting Director Stephen David Secretary Maria M. Menendez SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting. Meeting Date: Monday June 11, 2007 Time: 6:30 PM Next Meeting Date: Monday August 13, 2007, Time: 6:30 PM 6130 Sunset Drive, South Miami, FL Phone:(305) 668 -7236 City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before - engaging in -any lobbying activities to register with the City Clerk and pay an annual fee of $125:00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City," action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial. and administrative action., It does not apply to not -for profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. ROLL CALL: B. INVOCATION: C. PLEDGE OF ALLEGIANCE: .COMMUNITY REDEVELOPMENT AGENCY 1 AGENDA - June 11, 2007 ' REGULAR MEETING 1. APPROVAL OF MINUTES May 14, 2007* 2. EXECUTIVE DIRECTOR REPORT: A) Monthly Expenditure Report* B) Residential Rehabilitation Grant Revisions* C) Summer Meeting Schedule* 3. GENERAL COUNSEL REPORT A) Greater Miami Neighborhoods Lot Conveyance Status* 4. OLD BUSINESS: A) CRA Director Position Verbal Report by Human Resources Director *Attachments PUBLIC COMMENTS (5- minute limit) CONSENT AGENDA S. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED MAY 30, 2007 IN THE TOTAL AMOUNT OF $4,386.50; CHARGING THE AMOUNT OF $4,386.50 TO ACCOUNT ,NO. 610 -1110- 564 -31 -20 .(GENERAL CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. (A RES OF THE SMCRA APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. FOR INVOICES DATED MAY 30, 2007 IN THE TOTAL AMOUNT OF $4,386.50, CHARGING THE AMOUNT TO THE GENERAL CORPORATE ACCT) COMMUNITY REDEVELOPMENT AGENCY 2: AGENDA - June 11, 2007 RESOLUTIONS 6. A RESOLUTION OF THE CITY OF -SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO A CONTRACTUAL AGREEMENT WITH H. CAPO CONSTRUCTION CORP. TO COMPLETE CONSTRUCTION OF TWO AFFORDABLE HOUSING .UNITS LOCATED AT 5985 SW 67" STREET, SOUTH MIAMI, FLORIDA AND 6400 SW 57TH COURT,. SOUTH MIAMI, FLORIDA FOR TWO ELIGIBLE AFFORDABLE HOUSING APPLICANTS; AND PROVIDING AN EFFECTIVE DATE. (A RES OF THE SMCRA AUTHORIZING. THE SMCRA DIRECTOR TO ENTER INTO A CONTRACTUAL AGREEMENT WITH H. CAPO CONSTRUCTION. CORP TO COMPLETE CONSTRUCTION OF TWO AFFORDABLE HOUSING UNITS LOCATED AT 5985 SW 677H STREET & 6400 SW 57TH COURT) 7. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO MAINTENANCE OF SMCRA OWNED PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH CODA ROOFING INC. FOR A TOTAL CONTRACT AMOUNT OF $44,300 TO PROVIDE. ROOF REPLACEMENT SERVICES_ FOR THE SMCRA OWNED MOBLEY BUILDING LOCATED AT 5825 SW 68TH STREET; AND CHARGING THE TOTAL AMOUNT TO ACCOUNT #610- 1110 - 518 -9932 (FACILITIES MAINTENANCE, MOBLEY BUILDING); AND PROVIDING AN EFFECTIVE DATE. (A RES OF THE SMCRA AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH CODA ROOFING INC FOR A TOTAL CONTRACT AMOUNT OF $44,300 TO PROVIDE ROOF REPLACEMENT SERVICES FOR THE SMCRA OWNED MOBLEY BUILDING LOCATED AT 5825 SW 68TH STREET, CHARGING THE AMOUNT TO THE FACILITIES MAINTENANCE, MOBLEY BUILDING ACCT) 8. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO MAINTENANCE OF SMCRA OWNED PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH 911 RESTORATION INC. FOR A TOTAL CONTRACT AMOUNT OF $8,290.53 TO PROVIDE MOLD REMEDIATION SERVICES FOR THE'SMCRA OWNED MOBLEY BUILDING LOCATED AT 5825 SW 68TH STREET; AND CHARGING THE TOTAL AMOUNT TO ACCOUNT #610 - 1110 - 518 -9932 (FACILITIES MAINTENANCE, MOBLEY BUILDING).; AND PROVIDING AN EFFECTIVE DATE. (A RES. OF THE SMCRA AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH 91I RESTORATION INC FOR A TOTAL CONTRACT AMOUNT OF $8,290.53 TO PROVIDE REMEDIATION SERVICES FOR THE SMCRA OWNED MOBLEY BUILDING LOCATED AT 5825 SW 687H STREET; CHARGING THE AMOUNT TO THE FACILITIES MAINTENANCE, MOBLEY BUILDING ACCT) 9. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING TO ECONOMIC DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO EXECUTE A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT_ INCLUDING ALL ANCILLARY DOCUMENTS REQUIRED BY MIAMI -DADE COUNTY FOR COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - June 11, 2007 GRANT FUNDING IN THE TOTAL AMOUNT OF $394,000 FOR LAND ACQUISITION• AND DEVELOPMENT COSTS ASSOCIATED WITH THE MADISON SQUARE PROJECT; AND PROVIDING AN.EFFECTIVE DATE. (A RES. OF THE SMCRA AUTHORIZING THE SMCRA DIRECTOR TO EXECUTE A COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT INCLUDING ALL ANCILLARY DOCUMENTS REQUIRED BY MIAMI -DADE COUNTY FOR GRANT FUNDING IN THE TOTAL AMOUNT OF $3941000 FOR LAND ACQUISITION AND DEVELOPMENT COSTS ASSOCIATED WITH THE MADISON SQUARE PROJECT) 10. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING TO A DECLARATION OF SMCRA BOARD MEMBER DISCRETIONARY FUNDS; AUTHORIZING THE SMCRA DIRECTOR. TO DISBURSE FUNDING IN THE AMOUNT OF $1,000 TO THE SOUTH MIAMI. ST. ALBANS CHILD ENRICHMENT CENTER AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610- 1110 - 554 -99- 25, BOARD MEMBER DISCRETIONARY FUNDS '(BOARD MEMBER PALMER); AND PROVIDING AN EFFECTIVE DATE. (A RES OF THE SMCRA AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $1,000 TO THE SOUTH MIAMI ST. ALBANS CHILD ENRICHMENT CENTER; CHARGING THE AMOUNT TO BOARD MEMBER PALMER'S DISCRETIONARY FUNDS ACCT) 11. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING TO A DECLARATION OF SMCRA BOARD MEMBER DISCRETIONARY FUNDS; AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $1,000 TO THE METROPOLITAN DADE COMMUNITY ACTION AGENCY SCHOLARSHIP PROGRAM AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610- 1110- 554- 99 -25, BOARD MEMBER DISCRETIONARY FUNDS (BOARD MEMBER BIRTS); AND PROVIDING AN EFFECTIVE MATE. (A RES OF THE SMCRA AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $1,000 TO THE METROPOLITAN DADE COMMUNITY ACTION AGENCY SCHOLARSHIP PROGRAM; CHARGING THE AMOUNT TO BOARD MEMBER BIRTS' DISCRETIONARY FUNDS'ACCT) EOARD COMMENTS ADJOURNMENT PLEASE TAKE NOTICE ,.THAT SECTION ,' 2 2.1(k).(2) - OF : THE � CODE ,OF ORDINANCES PROVIDES ;THAT , ", "ANY PERSON MAKINGS ;PERSONAL IMPERTINENT, t , OR . SLANDEROUS REMARKS 'OR "WHO, SHALL BECOME BOISTEROUS; WHILE ADDRESSING THE COMMISSION SHALL,BE.'FORTHWITH.:BARRED, FROM FURTHER AUDIENCE BEFORE. °THE .:COUNCIL` BY.`THE PRESIDING:'OFFICER,,UNLESS. x PERMISSION TOY'CONTINUEA BE GRANTED ,BY,, AeMAJORITY ,...., ........ . . ...... ... .. . VOTE .`,OFTHE'COMMISSION:'! PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH. RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY, THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. COMMUNITY REDEVELOPMENT AGENCY 4 AGENDA - June 11, 2007 . I 4 5. 6 8 9 12 13 15 M: A l_ H 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 11 2001 'Making our Neighborhood a Great Place to Liv4 Work and Play' SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY MINUTES MAY 14, 2007 CALL TO ORDER:' The South Miami Community Redevelopment Agency .met in regular session on Monday, May 14,,2007. beginning at 7:00 p.m., in the City'Commission Chambers, 6130 Sunset Drive. A. ROLL CALL: The following members of the CRA Board were present: Chair Horace G. Feliu, Vice Chair Randy G. Wiscombe and Members Velma Palmer, Marie Birts, Jay Beckman and Adrian Ellis. Member Rodney Williams was absent Also in attendance were: City Attorney -Luis Figueredo, Interim CRA Director Stephen David, CRA Program Coordinator James McCants, and Deputy City Clerk Nkenga' Payne. 4.7 48 49 50 1. B. INVOCATION: The invocation was delivered by Chair Horace G. Feliu. C. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. REGULAR MEETING APPROVAL OF MINUTES COMMUNITY REDEVELOPMENT AGENCY 1 Minutes -.May 14, 2007 IN 1 2 April 9, 2007 3 4 It was moved by Vice Chair Wiscombe and seconded by 5 Member Birts to approve this minutes as presented. The 6 motion passed by a 6 -0 vote. •7 8 Member Ellis: yea 9 Member Williams: absent 10 Member Birts: yea 11 Member Palmer: yea 12 Vice. Chair,Wiscombe: yea 13 Member Beckman: yea 14 Chair Feliu: yea 15 16 17 18 2. EXECUTIVE DIRECTOR REPORT: 19 20 A) Monthly Expenditure Report 21 22 There were no comments, on the January and February 2007 23 monthly expenditure'report. 24 25 B) Residential Rehabilitation Grant Update 26 27 Mr. David stated the board requested an update on the 28 residential rehabilitation grant brochure. Staff has 29 received quotes up to $1,000.00 to totally revise the 30 brochure with new pictures and. update the information. 31. Staff also requests the Board review the eligible activities 32 listed for the rehab program. 33 34 Vice Chair' stated before the. brochure is published it 35 needs to come before the board for approval. 36 37 Chair Feliu asked that the elderly be considered first 38 for the rehab assistance, because they are the ones that 3.9 really need the help. 40 41 Member Beckman suggested that grant be reserved for low .42 income families and basic living conditions. 43 44 Member Palmer agreed that we need to help the people 45 that needed the most. She also stated that we need to study 46 it more because some people might double dip with getting 47 the grant and -maybe -an insurance.claim. COMMUNITY REDEVELOPMENT AGENCY 2 Minutes - May 14, 2007 1 2 Member. Ellis also agreed to target low income families 3 in need and the moderate income families should be able to 4 apply for the matching grants. 5 6 Vice Chair Wiscombe echoed Member Palmer's request 7 about looking into the double dipping issue. Regarding the 8 infill housing, he would like to look at the contract to see 9 what the agreement is to maintain the properties. 10 11 Vice Chair Wiscombe also suggested the Board review the 12 application and application process. 13 14 The discussion concluded with emphasis that the board 15 needs to review this rehab program. so that it benefits 'the 16 needy. 17 18 19 C) Repairs to'SMCRA Owned Properties 20 21 Mr. David explained that SMCRA has purchased 2.1 22 million dollars in properties since receiving approval from 23 Miami -Dade County for the 2.73. million dollar loan. Of 24 those 'properties, five house existing tenants. The board 25 has authorized demolition of one of the properties. SMCRA 26 is trying to clean up some of the properties because they 27 are structurally disrepair. Also they are in the process of 28 -authorizing repair to some units for the elderly residents 29 to move into for improved living conditions until it is time 30 for construction of the Madison Square project. 31 32 The board agreed to speed up the process to .relocate 33 the tenants from the "Perry" property. 34 35 Vice Chair Wiscombe mentioned that he has asked legal 36 to look into drafting an agreement with the tenants that 37 SMCRA properties are a drug free place. 38 39' D) Mobley Building Renovation Discussion 40 41 Mr. David said since the issuance. of the RFP to 42 renovate the building the board has reviewed two secondary 43 proposals. The board has also reviewed- a second story 44 proposal to see what it would take -to build a second story 45 within the Mobley building. At this point, to avoid any 46 future change orders for construction, staff has met with 47 potential users of the building to see what their space COMMUNITY REDEVELOPMENT AGENCY 3 Minutes - May 14, 2007 1 2 3 4 5 6 7 8 9. 10 11 .12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 requirements were. Staff met with the boxing organization, dance studio organization and the community, (Concerned Clergy Organization to see what there needs are and. that information was passed on to the architects. The initial proposal that the board approved did not have air condition in one of the bays. : To have full use of the building we' need to' have air condition in the bay. The new proposal includes air conditioning the bay. . During the meeting with the Concerned Clergy, it was mentioned if the process could. be sped up. As an alternative staff could do isolated repairs. to the building, rather than wait for the design of .the renovations.. It is up to the board to have contractors do separate repairs to the roof, the clean up of the building and removal of the mold. Chair Feliu stated he would, need a little -more time to see which is the best route.to go. Member Palmer suggested that renovations be done as a whole instead of in pieces, as long as, the money is available. Mr. David said it was always planned to do it in two phases: Currently in the budget there is $324,000 for the Mobley•building renovations. The original approved proposal is about $510,000 to. do the complete job; with the air conditioning it is now.$612,000 to complete the job. Mr. McCants asked the board to consider approving the roof repair right away because of the mold problem. Vice Chair Wiscombe suggested that the roof gets repaired first. Secondly, get the mold out of the first bay before it gets into the other bays. In conclusion, the board decided to repair the roof and get rid of mold and bring it forward at the next SMCRA meeting. 3. GENERAL COUNSEL REPORT A) On -Going Projects Assessment Mr. Figueredo reported on the former Greater Miami Neighborhoods projects. 4. OLD BUSINESS: COMMUNITY REDEVELOPMENT AGENCY. 4 Minutes.- May 14, 2007 1 A) Human Resources Report - CRA Director Position 2 3 Ms. Jeanette Navarro stated the deadline to receive 4 resumes was- April. 23, 2007 at 3:00 p.m. Twenty -seven 5 resumes were received. She wanted direction from the board 6 on how to proceed. 7 8 It was moved.by Member Ellis and seconded by Member 9 Birts to exclude those -who did not meet the criteria from 10 the interview process. 11 12 The motion was approved by acclamation. 13 14 It was moved by Member Birts and seconded by Member' 15. Ellis to send out a. standard letter to those who did not 16 meet the minimum qualifications. 17 18 The motion.was approved by a 6 -0 vote. 19 -20 It was moved by Chair Feliu and seconded. by Member 21 Ellis for each board member to narrow the list to three for 22 the short list. 23 24 The motion was approved by acclamation. 25 26 27 . PUBLIC COMMENTS WR 29 Sharon McCain spoke about getting the rid of the mold 30 first in the Mobley building. 31 32 Denise Goodman addressed the board with concerns 33 regarding the construction of,her home. 34 35 Gloria Brown thanked the board and Vice Chair Wiscombe 36 for all of their help regarding the construction on her 37 home. 38 39 40 41' CONSENT AGENDA 42 43 CRA 18 -07 -271 44 5. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 45 REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES; 46 APPROVING ATTORNEY'S FEES, FOR NAGIN.GALLOP FIGUEREDO, COMMUNITY REDEVELOPMENT AGENCY 5 Minutes - May 14, 2007 1 P.A., FOR INVOICES DATED APRIL 26, 2007 AND DECEMBER 2 29, 2606 IN THE TOTAL AMOUNT OF $11,525.25 AND CHARGING 3. THE AMOUNT OF $6,468.98 TO ACCOUNT NO. 610 - 1110 - 564 -31- 4 20 (GENERAL CORPORATE ACCOUNT) AND CHARGING THE AMOUNT 5 OF $5,056.27 TO ACCOUNT NO. 610- 1110 - 583 -61 -10 (LAND 6 ACQUISITION ACCOUNT); AND PROVIDING AN EFFECTIVE DATE.. 7 8 CRA 19 -07 -272 9 6. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY 10 REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES; 11 APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE, P.A., FOR 12 INVOICES DATED FEBRUARY 6, 2007, FEBRUARY 24, 2007 AND 13 MARCH 9, 2007 FOR LAND ACQUISITION MATTERS IN THE TOTAL 14 AMOUNT OF $16,284.03 AND CHARGING THE TOTAL AMOUNT OF 15 $16,284.03 TO ACCOUNT NO. 610 - 1110 - 583- 61 -10, LAND 16 ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATE. 17' It- was moved by, Chair Feliu and seconded by Vice Chair 18 Wiscombe and Member Birts to approve the consent agenda. The 19 motion passed by a 6 -0 vote. 20 21 Member Ellis: yea 22 Member Birts: yea 23 Member Palmer: yea 24 Vice Chair Wiscombe:­ yea 25 Member Beckman: yea 26 Chair Feliu: yea- 27 Member Williams: absent 28 29 RESOLUTIONS 30 31 CRA 20 -07 -273 32 7. A RESOLUTION. OF THE CITY OF SOUTH, MIAMI COMMUNITY 33 REDEVELOPMENT AGENCY RELATING. TO AFFORDABLE HOUSING; 34 AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN 35 THE AMOUNT OF $16,751.90 FROM ACCOUNT NO. 610- 0000 -219- 36 1340, ESCROW ACCOUNT IN ADDITION TO AUTHORIZING A 37 FUNDING DISBURSEMENT IN THE AMOUNT OF $10,533.19 FROM 38 ACCOUNT NO. 610 -1110- 554 -9920, GENERAL CONTINGENCY AND 39 PAYMENT TO WACHOVIA BANK. IN THE. TOTAL AMOUNT OF 40 $27,285.09 TO PARTIALLY SATISFY A•CONSTRUCTION MORTGAGE 41 ASSESSED AGAINST. 5895 " SW 67" STREET AND 6400 SW 57TH •42 COURT; AND PROVIDING AN EFFECTIVE DATE. 43 It was moved by Chair Feliu and seconded by Vice Chair 44 Wiscombe to approve this item. 45 46 Mr. David stated this item is proposed because the current 47. developer has defaulted on their contract. The board asked COMMUNITY REDEVELOPMENT AGENCY 6 Minutes - May 14, 2007 1 staff to put together an alternate proposal for construction on 2 the two lots. The proposal is to release existing liens that 3 are on the property and getting the lots re- conveyed to SMCRA 4 and have an alternate developer complete the construction of the 5 two houses. This item has to do with a major outstanding lien, 6 which is a construction mortgage from Wachovia Bank that is 7 $36,000. This item would allow SMCRA to release funding that 8 was given to SMCRA by Greater Miami Neighborhoods in the 9 initiation of the project. The - total . amount •given to SMCRA was 10 $27,285.00. At this time we would like to release the amount 11 that is in escrow as well as supplement that with contingency 12 funding to pay Wachovia bank. 13 14 The motion passed by a 6 -0 .vote. 15 16 Member Ellis: yea 17 Member Birts: yea 18 Member Palmer: yea 19 Vice Chair Wiscombe: yea. 20 Member Beckman: yea 21 Chair Feliu: yea 22 Member Williams: absent 23 24 CRA 21 -07 -274 25 8. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY. 26 REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING; 27 AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN 28 THE AMOUNT OF $9,172.54 FROM ACCOUNT NO. 610- 1110 -554- 29 9920, GENERAL CONTINGENCY AND AUTHORIZING PAYMENT TO 30 WACHOVIA BANK IN THE AMOUNT OF $9,.172.54 TO SATISFY A 31 CONSTRUCTION MORTGAGE ASSESSED AGAINST 5895 SW 67TH 32 STREET AND 6400 SW 57TH COURT; AND PROVIDING AN 33 EFFECTIVE DATE. 34 It was moved by Member Palmer and seconded by Member Birts 35 to approve this .item. 36 37 Mr. David explained this item would enable SMCRA to close 38 out the entire construction mortgage. 39. 40 The motion passed by a 6 -0 vote. 41 42 Member Ellis: yea 43 Member Birts: yea 44 Member Palmer: yea 45 Vice Chair.Wiscombe: yea 46 Member Beckman: yea. 47 Chair Feliu: yea COMMUNITY REDEVELOPMENT AGENCY 7 Minutes - May 14, 2007 1 Member Williams: absent 2 3 CRA 22 -07 -275 4 9. A RESOLUTION -OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 5 AGENCY (SMCRA) RELATING TO PROPERTY ACQUISITION; 6 AUTHORIZING AN ADJUSTMENT TO AN APPROVED PURCHASE AND 7 SALE AGREEMENT TO PURCHASE 6420 SW 59th PLACE, SOUTH 8 MIAMI, FLORIDA (FOLIO NO. 09- 4025 -010 -0160) AND 6428 SW 9 .59TH. PLACE SOUTH MIAMI, FLORIDA, (FOLIO NO.. 09- 4025 -010- 10 0170) FOR AN ADJUSTED PURCHASE PRICE OF $324,100 AND. 11 CHARGING THE TOTAL AMOUNT OF $324,100 TO ACCOUNT NO. 12 610 -1110- 583- 61 -10, LAND ACQUISITION; AND PROVIDING AN 13 EFFECTIVE DATE. ..14 It was moved by Member Palmer and seconded by Member Birts 15 to approve this item. 16 17 Mr. David explained that these are two .properties acquired 18 for the Madison Square project and was approved by the board on 19 March 14; 2007. A `certified survey was .obtained and it 20 indicated that the property was actually approximately 500 21 square feet less than what the value was appraised at. The 500 22 square feet equates to approximately 7.4% difference. This item. 23 is to reauthorize the purchase the properties at the adjusted 24 lesser price. 25 26 Member Beckman said that he won't support this because the 27 premium is 'too high. 28 29 The motion passed by a 5 -1 vote. 30 31 Member Ellis: yea 32 Member Birts: yea 33 Member Palmer: yea 34 Vice Chair Wiscombe: yea 35 Member Beckman: nay 36. Chair Feliu: yea 37 Member Williams: absent 38 39' CRA 23 -07 -276 40 10.- A RESOLUTION OF'THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 41 AGENCY (SMCRA). RELATING TO A DISBURSEMENT OF SMCRA 42 BOARD MEMBER DISCRETIONARY FUNDS; AUTHORIZING THE SMCRA 43 DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $500 TO 44 THE METROPOLITAN DADE COMMUNITY I ACTION AGENCY 45 SCHOLARSHIP., PROGRAM AND $500 TO THE SOUTH MIAMI 46 ALLIANCE FOR YOUTH ORGANIZATION AND CHARGING THE TOTAL 47 AMOUNT OF .$1,000 TO ACCOUNT NO. 610 -1110- 554- 99 -25, COMMUNITY REDEVELOPMENT AGENCY 8 Minutes - May 14, 2007 1 BOARD MEMBER DISCRETIONARY FUNDS (BOARD MEMBER ELLIS) 2 AND PROVIDING AN EFFECTIVE DATE. 3 It was moved by Vice Chair Wiscombe and seconded by Member 4 Palmer to approve this item.. The motion passed by a 6 -0 vote. 5 6 Member Ellis: yea 7 Member Birts: yea 8„ Member Palmer: yea 9 Vice Chair Wiscombe: yea 10 Member Beckman: yea 11 Chair Feliu: yea. 12 Member Williams: absent 13 14 CRA 24 -07 -277 15 11. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 16 AGENCY ( SMCRA) RELATING TO A DISBURSEMENT OF SMCRA 17 BOARD MEMBER DISCRETIONARY .FUNDS;.AUTHORIZING THE SMCRA 18 DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $500 TO 19 THE METROPOLITAN DADE COMMUNITY' ACTION AGENCY 20 SCHOLARSHIP •PROGRAM AND $500 TO THE SOUTH MIAMI 21 ALLIANCE-FOR YOUTH ORGANIZATION AND CHARGING THE TOTAL 22 AMOUNT OF $1,000 TO ACCOUNT NO. 610 -1110- 554- �99 -25, 23 BOARD MEMBER DISCRETIONARY FUNDS (BOARD MEMBER 24 WILLIAMS); AND PROVIDING AN EFFECTIVE DATE. 25 It was moved by Vice Chair Wiscombe and seconded by Members 26 Birts and Palmer to approve this item. The motion to approve 27 passed by a 6 -0 vote. 28 29 Member Ellis: yea 30 Member Birts: yea 31 Member Palmer: yea 32 Vice Chair Wiscombe: yea 33 Member Beckman: yea 34 Chair Feliu: yea 35 Member Williams: absent 36 37 BOARD COMMENTS 38 39 Each Board member was afforded -an opportunity. to make 40 comments..- 41 42 ADJOURNMENT 43 44 There being no further business to come before this Body, 45 the meeting was adjourned at 8:20 p.m. COMMUNITY REDEVELOPMENT AGENCY 9 Minutes - May 14, 2007 1 2 3 4 5 ..6 Attest:, 7 8 9 10 Maria M. Menendez 11 CRA Secretary 12 COMMUNITY REDEVELOPMENT AGENCY Minutes - May 14, 2007 0 Approved: 10 Horace G. Feliu CRA Chairperson ' 1 Somh 0 SMCRA 201 . Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and Date: June 11, 2007 Board Member From: ITEM No. Stephe avid Acti>r;.,. Dire MONTHLYEXPENDITURE REPORT Attached as Libit A and B are the monthly expenditure reports for March and April 2007. 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H N 1777... 1 xJ ' Ul UI UI J J (1 Q1 - J J UI O UI - 00 I n I H 0 0 0 0 IA O IA 0 0 m 0 to i W i - 1 - of (1 (Y N' H NN UIW 000 00 I I 4) " H H H O O to Ul WW Now 00 1 I ow • I I J IA IA IP Ul Ul N N N N N ON I C1 I O J J J rn al wW co co to0tn 00 1 i H� Or IIIl1► VC 2001 Making our Neighborhood a Creat Place to live, Work and Play' To: Honorable Chair and Board M7,avid ber From: Stephen Date: June 11, 2007 ITEM No. RESIDENTIAL REHABILITATION GRANT REVISIONS During the May 14, 2007 Meeting the Board reviewed eligibility criteria for the single- family residential rehabilitation grant program. During the meeting, the Board recommended the following clarifications to the existing guidelines: > Applicants shall be considered for funding consideration if they are 65 years of age or older. ➢ Applicants shall be considered for funding consideration if they earn a maximum annual income of $21,244 or less which is equivalent to 50% of the median household income for the City of South Miami. Rehabilitation projects related to health and safety improvements shall be eligible for funding consideration. ➢ Rehabilitation projects that assist in correcting code non - compliance shall be eligible for funding consideration. Z Reliabilitation projects related to functional home improvements shall be eligible for funding consideration. ➢ Rehabilitation projects related to cosmetic home improvements only shall not be eligible for funding consideration. Based on the recommendations provided by the Board, staff has prepared a revised program description (See Exhibit A). Following acceptance by the Board of the revised conditions, a reformatted grant brochure shall be returned to the Board for final review. Attachments: Revised Grant Description SD /E:1CRA\Residential Rehabilatation Grant Revisions.doc SMCFM 2001 'Making our Neighborhood a Great Place to Live, Work and Play' EXHIBIT A Rehabilitation Grant Program Description (DRAFT) % Attention Residents ....We are currently accepting and processing applications for immediate assistance for Very Low Income Households. See current guidelines to determine if you meet the income and property guidelines. If you need roof repair, code violations fixed, storm shutters installed, exterior painting, and other non- cosmetic repairs, please continue reading..... The City of, South Miami Community Redevelopment Agency has already helped numerous SMCRA residents through this program and wants to help you. Who May Apply? SMCRA residents must meet income restrictions identified in the program requirements. How Much Assistance is Available? The Program. provides the following three funding levels including: 1. Minor Home Rehabilitation Projects - Up to $2,500 in grant funding. 2. Moderate Home Rehabilitation Projects - Up to $5,000 in matching funding. 3. 'Major Home Rehabilitation Projects - Up to $5,000 in limited matching funding. The first 1st level of funding may be utilized exclusively or can be combined with the 2nd and 3'd levels of funding as required. Why is the City of South Miami CRA doing this? The program is designed to provide minor home repair assistance to very low, low and moderate income homeowners who live in the South Miami CRA area. Home repair assistance helps maintain the quality of the housing stock in the City's existing residential neighborhoods, help residents address code violations and issues that threaten the health and safety of household occupants. The program addresses'minor home repairs while providing the much needed financial assistance to do so. This program is not a remodeling program. Where do the Funds Come From? These funds are made available through the City of South Miami CRA's Tax Increment Financing Revenues. Tax Increment Financing revenues are derived from the increase in the City's tax base. due to new development in the CRA area. Program Requirements ➢ Applicant must have an annual household income of $21,244 or less which is equivalent to 50 %' of the median. household income for the City of South Miami. > Must be able to verify income and assets. ➢ The property must be your primary . residence. ➢ Assistance is given on a first qualified — first served basis ➢ Applicants are required to a sign a 5year recapture document. If you should sell your property, funds go directly back into the program to help another household in the City with home repairs. Program Benefits s Assistance with repairs and home improvements without.a financial burden to homeowner. > No repayment of grant if program requirements are met. Eligible Properties ➢ Single - Family Homes Documentation and Information We Must Verify (As Applicable) Completed application and disclosures with signatures and date. ➢ Proof of property ownership. ➢ Broward county notice of ad valorem taxes (showing current assessed value of the property). Proof of property taxes paid. ➢ Proof of hazard /homeowner insurance. Federal income tax return. ➢ Proof of dependents claimed ➢ Proof of Citizenship or Legal Residential Status > Three (3) pay stubs for all household members over 18 ➢ Self - employment income statement with schedule C, E, or F ➢ Social Security, Supplemental Security Income (SSI), and Disability Benefits Z Proof of unearned income, Child support/Alimony, Contributions and Gifts Funding Consideration Shall Be Given .the Following Priority Repairs Priority 1:. Correction of Municipal Code Violations ➢ Correction of building code compliance violations. Priority 2: Abatement of Health and Safety Problems in Your Home Z Removal of lead -based paint/asbestos hazards; ➢ Removal of home barriers to the disabled and elderly; ➢ Removal of termites; ➢ The elimination of specific conditions detrimental to public health and safety, which have been identified by Programs Inspectors Priority 3: Provision of Safe Electrical and Mechanical Systems ➢ Repair /replace water heaters; ➢ Repair /replace electrical work ➢ Repair /replace heating and air - conditioning; Priority 4:, Elimination of Weather Penetration s Install new insulation Repair /replace windows; ➢ Install Shutters; Priority 5: Improve General Home and Structural Conditions ➢ Repair /replace roofing gutters and fascia; ➢ Repair /replace plumbing; ➢ Sewer Connections, Septic Tank and Drainfield ➢ Install new smoke alarms; ➢ Repair /replace kitchen and bath flooring only if part of rehab ➢ Repair /replace bath fixtures;(Non Cosmetic) Repair /replace stucco; > Exterior Painting; Install new deadbolt locks; z Replace carpet; ➢ Repair /replace kitchen or bath cabinets and countertops (Evidence of Deterioration); ANUMME n SMCRA 2001. Making our Neighborhood a Great P/aae to Live, Work and Play' To: Honorable Chair and Board Memb From: Stenhc avid Date: June 11, 2007 ITEM No. Q Q4 SUMMER MEETING SCHEDULE Due to the 2007. City Commission summer meeting schedule,.the SMCRA Board shall not meet during the month of July 2007. The next regularly scheduled SMCRA Board meeting shall be Augustl3, 2007. MEACRAMSummer Meeting Scedule,doc r' Ao-+m.uaaa IV. SMCFtA 3001 Making our Neighborhood o Great Place to live, Work and PW To: Honorable Chair and Date: June 11, 2007 Board Members From: Stephen Dav' ITEM No. . Acting Dir cto GENERAL COUNCIL REPORT Attached as Exhibit A is a copy of a June 1, 2007 letter from General Council to Greater Miami Neighborhoods concerning the re- conveyance of housing lots back to the SMCRA. The remaining { encumbrances on the two lots include code compliance liens from the following municipalities: i City of Miami; City of North Miami; Miami -Dade County; and City of North Miami Beach SWEACRANGencral Council Report.doc EXHIBIT A % f t�Jfyu gRtiny 1ti 0 YK 7 f� � ,��t� ti�J<Y!N�,i�t��i� : • .. Rl�as� reply l'v: d i+a��ay.�'.� Ql.d CtttlorFid;... .•:..::: ;: ::: :...:. • ... amr,...lor.d;3157 »6.4:1; .: •` iliakinq��? urNeighGr�rhdiiiiir` C, �entPl gSia�( u :Live,:FLarli.arid.F?ltty "••.:' . June •1, 2007 Via icsinlile Only , :..305) �.789779q .... . T.:yiiri';C: V asliingfon''Esq TIollaiad & iiiglit; LI;P 70LBncl ell:Avenue,:Sbhe 2800 Mia—mi,:'Florida,3al3l ' Re: July 10, 2003 Greater Miami N6ghborhoods; Inc. (GMN) Performance Guararity'with SNICRA; Rcal:Estate P rcliase'and'Sale Agreement anti SIVICRA;:graiat fielding: greement relating to Gloria Brown:l�ome-5895- 5899 5W -57 Streef, South?Miami;:Flarida ' And ; July 10, 2003 GMN Performance :Giiaianty; Real :Estate:Pur'eliase and: We Ag'' eement, and SMCRA grant :fwiiding. agreement relatint to .Denise Goodman- home -6400 SW '5'1'x' Street:. ;Pear•Lynn: As you know, the -SMCRA :has : contacted , Wachovia' reg ardixig :;the:'.$36;09173 " draw down,on the'Gieater.Miaiiii Neighborhoods (GMN)`$1;;000;000.1ine of credit'•tied.to .....,, ah'e :above referexiced :properties. The-'SMCRA Iias gathered funds •to'.be able; f6 6ay' off' .... " e: GlV1N �%Vacliovia lien: To date ,GMN has :failed to deal 'with'ahe' other .liens .recorded . „against :the- property,.:whidh liens were,Yecorded du.:e to :GMN: code violations at ;other' properties witlurx:IVlia' Dade County. To 1 date, no effort'lias been:made to remove -those • lens 'fiom th e-pro per ty: 'Additionally, the :notice: of comihencement'•would'.have to 'lie released.' .. ::Finally, despite communicating ;that: GM' N .shall.: re- convey the :properties to the . "'SMCRA; *.'G ' . has ."T. failed' do do"ao ` ;'at ::has ;Veen :':over :alireo': mgpfh . since;. -you' :.communicated that your:clientwould transfer the propeities referenced aliove-iiack•tothe. ... . SIVICRA . *P)ease,:advtse of..a timetalil6for :doingso:;:Tlie'next:SMCRA, board zneeting:is scheduli;d'foir''Sune;11 ;2007 ,At thatpme need to provide the;SMCRA with an update ........... as to :this niatter.;;`if a satisfactgr ti date Ys not rovided to the .Board;: the: S1v1C1zA :board •: may.pz�oc ed watli lifigation•in order'•to--ensurcahe property is properly and'proriiptly ire- , ,.' .. .. ... conveyed to•the ngericy. ;; Lynn C.:Washingtoti,.Esq. .:. � :Holland: &`S�iiglit;'Li:P Junel1 "2007 :Page'2 of '2 Thank .you. Ver. �1?z1; -yo ,s, : • .. e A��fnt s MI" G6neial, Co-u- nse / .. .ec:• S teolien David, Interim Director SMCRA Uoard ' �IIFo 2001 Making our Neighborhood a Great Place to Live, Work and Pla)" To: Honorable Chair and SMCRA Board Meml From: Stephen Acting j Date: June 11, 2007 ITEM No. PAYMENT OF A TTORNE Y FEES FOR NAGIN GALLOP . RESOLUTION. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY• REDEVELOPMENT AGENCY 'RELATING TO ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED May 30, 2007 IN THE TOTAL AMOUNT OF:$4,386:50 AND CHARGING THE AMOUNT TO ACCOUNT NO. 610 - 1110 - 564 -31 -20 (GENERAL CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The firm of Nagin Gallop Figueredo, P.A. currently serves as general counsel to the SMCRA. The firm has submitted the following invoices dated May 30, 2007 (Exhibit A) for general corporate matters. Invoice Date Amount Charl?e Account No. May 30, 2007 $4,386.50 610- 1110- 564 -31 -20 (General Corporate Account) Total amount of all invoices: $4,386.50 RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to: (1) Disburse payment for legal services rendered for general corporate matters in the amount of $4,386.50 to Nagin Gallop Figueredo, P.A., charging this amount to Account No. 610- 1110 -564- 31 -20, General Corporate Account. Attachments: Nagin Gallop Figueredo Invoice :1CRAWagin Gallop Payment Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A. RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT 'AGENCY RELATING TO ATTORNEY FEES; APPROVING. ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED MAY. 309 2007 IN THE TOTAL AMOUNT OF $4,386.50 AND CHARGING THE AMOUNT TO ACCOUNT NO. 610- 1110 - 564 -31 -20 (GENERAL CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the CRA for legal services rendered, costs advanced, for 0076 -001, general corporate matters for the period ending May 30, 2007 in the total amount of $4,386.50; and NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The South Miami Community Redevelopment Agency authorizes payment in the total amount of $4,386.50 to Nagin Gallop Figueredo, P.A., for attorney fees for general corporate legal matters. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of June, 2007. ATTEST: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A. Boutsis, General Counsel APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson Wiscombe: Board Member Birts: Board Member Palmer: Board Member Beckman: Board Member Ellis: Board Member Williams: :EXHIBIT A NAGIN.GALLOPFIGUEREDO. Attorneys & Counselors 18001 Old Cutler Road - Suite 556 Telephone: (305) 854 -5353 Miami, Florida 33157 -6416 Facsimile: (305) 854 -5351 June 1, 2007 Stephen David City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 Re: South Miami Community Redevelopment Agency Statements Mauer ID: 0076 -001 Dear Stephen: I enclose our firm's invoice dated May 30, 2007, for the South Miami CRA matter referenced above. I also attach the resolution approving same. If you have any questions, please do not hesitate to contact me. Thank you. Very truly y urns, eve A. Boutsis General Counsel for the South Miami Community Redevelopment Agency EAB/lcm Enclosure CONFIDENTIAL' - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO''S' Attorneys & Counselors 18001 Old Cutler Road, Suite 556, Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 854 -5351 Stephen David May 30, 2007 City of South Miami Matter 1D: 0076 -001 6130 Sunset Drive CRA - General Corporate City of South Miami, FL 33143 invoice Number 19095 Hours Amount 4/5/2007 LRF Meeting with Yvonne McKinley and Hector Capo.. 1.20 222.00 4/27/2007 EAB Telephone conference with Mr. Lynn Washinton; email 0.60 111.00 communications with him; and email communications with Mr. Stephen David. 4/30/2007 EAB Telephone conference with v -c Randy Wiscombe; telephone 1.50 277.50 conference with Mr. David; analyzed OCED documents; analyzed ch.112, and 163, F.S., Telephone conference with Ms. Victoria Frigo of MDCCEPT regarding standards re: serving in office; analyzed interlocal and CRA'plan regarding same; and email communications with Mr. Washington. 5/1/2007 EAB Prepared for and attended meeting at MDC Comm'r Carlos 3.70 684.50 Jimenez's office relating to SMCRA; follow up on GMN checks; and meeting with V -C Wiscombe and Mr. David regarding GMN funds and escrow account items. 5/2/2007 EAB Finalized resolution and contract with H. Capo Construction; 1.50 277.50 telephone conference with Mr. Capo; follow up with staff regarding same; finalized sale agreement re: Clara Brooks; and telephone conference with Mr. Lott re: Aries; follow up on Harrell property; prepared communications to VM Wiscombe (and voicemaii regarding pending items); telephone conference with Mr. David; and email communications with Mr. Zafar Ahmed regarding transfer of MDHA properties. 5/2/2007 SS Received assignment and performed research on ethics issue. 2.80 168.00 5/3/2007 EAB Finalized general counsel report; email communications with Mr. 0.70 129.50 Washington; and drafted language for OCED grant. 5/7/2007 EAB Analyzed county revision to OCED grant funding; drafted response 1.40 259.00 to Ms. Kuhns; attention to Sherar request; attention to release of lien by SMCRA'to GH property; and telephone conference with Mr. David. 5/8/2007 EAB Email communications with Mr. Capo; email communications with 0.70 129.50 Mr. Washington regarding GMN; email communications with Mr. Payment Is due upon receipt. Please notify us within 10 days of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. Nagin Gallop Figueredo, P.A. Matter ID:- 0076 -001 Statement No. 19095 Page: 2 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE David and follow up regarding Capo Construction and GMN liens. 519/2007 EAB Fallow up with Ms. Brenda Kuhns and Mr. David. 0.40 74.00 5/10/2007 EAB Analyzed draft mortgage, note, declaration of restrictions, Issues 1.00 185.00 memorandum and provided comments to Ms. Kuhns regarding same. 5/10/2007 EAB Telephone conference with Mr. George Lott re: Harrell property; 1.60 296.00 finalized OCED grant documents; telephone conferences with Ms. Kuhns; and drafted letter to Ms. Delois Harrell regarding possible purchase of site. 5/11/2007 EAB Attention to agenda items. 0.30 55.50 5/14/2007 LRF Prepared for and attended monthly meeting. 5.00 925.00 5/15/2007 EAB Telephone conference with V -C Wiscombe regarding pending 0.60 111.00 items; and follow up on new assignments: Wachovia, evictions, drug policy; telephone conference with Mr. Lott; follow up on . escrowed funds from GH transaction and transfer of same to CSM. 5/16/2007 EAB Telephone conference with Mr. Lott regarding Harrell property. 0.20 37.00 5/17/2007 EAB Follow up with Mr. Washington and Wachovia. 0.30 55.50 5/18/2007 EAB Communications with Wachovia and Mr. Washington; and follow up 0.30 55.50 with Mr. David regarding same. 5/22/2007 EAB Telephone conference with Mr. Lynn Washington regarding 0.20 37.00 finalizing GMN transfer. 5/23/2007 EAB Attention to OCED; email communications with Ms. Kuhns; 1.00 185.00 finalized release of lien for GH matter; telephone conference with Mr. David; attention to chapter 83, FS related to evictions; and telephone conference with Mr. Washington. Total Professional Services 4,275.00 Rate Summary Luis R. Figueredo 6.20 hours at $185.00/hr 1,147.00 Eve A. Boutsis 16.00 hours at $185.00 /hr 2,960.00 Susan Snavely 2.80 hours at $ 60.00/hr 168.00 Total hours: 25.00 4,275.00 5/30/2007 Disbursements incurred - 3.0% 128.25 Payment Is due upon receipt. Please notify us within 10 days of any questions you have regarding this Invoice. interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. Nagin Gallop Figueredo, P.A. Matter ID: 0076 -001 Statement No. 19095 Page: 3 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Payments and Credits 1/31/2007 Check No. 74637 - Client 0076 -001 Flling Fee Refund 16.75 5/25/2007 Check No. 57094 6,468.98 6,485.73 For Professional Services 4,275.00 For Disbursements Incurred 128.25 Current Balance: 4,403.25 Previous Balance: 6,468.98 Payments - Thank you 6,485.73 Total Due 4,386.50 To be properly credited, please indicate Invoice Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. "1111(lo'SMCRA 2001 Making our Neighborhood a Great Place to dive Work and Play" To: Honorable Chair and SMCRA Board -Mem] From: Stephen Date: June 11, 2007 ITEM No. W A UTHORIZATION TO ENTER INTO AGREEMENT WITH H. CAPO CONSTRUCTION CORPORATION TO COMPLETE AFFORDABLE HOUSING CONSTRUCTION A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO A CONTRACTUAL AGREEMENT WITH H. CAPO CONSTRUCTION CORP. TO ' COMPLETE CONSTRUCTION OF TWO AFFORDABLE HOUSING UNITS LOCATED AT 5985 SW 67TH STREET, SOUTH MIAMI; FLORIDA AND 6400 SW 57TU COURT, SOUTH MIAMI, FLORIDA FOR TWO ELIGIBLE AFFORDABLE HOUSING APPLICANTS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND According to the adopted SMCRA ' Redevelopment Plan and approved Interlocal Agreement, the Agency is authorized to administer infill housing programs and facilitate affordable housing development in the SMCRA area. In an effort to facilitate these objectives, the Agency has entered into agreement to Greater Miami Neighborhoods to construct two affordable homes at 5895 SW 67`' Street; and 6400 SW 57'h Court. In accordance with SMCRA and HUD guidelines, Greater Miami Neighborhoods had selected the Goodman and Brown Families to purchase the two homes. However due to numerous delays in construction and general non compliance, Greater Miami Neighborhoods has subsequently defaulted on the existing contract. The two proposed homes have now remained in an unfinished state since the initial issuance of building permits on March 10, 2005. Due to the extenuating circumstances associated with the two abandoned construction sites, the numerous delays in construction and the potential difficulty in maintaining the previously approved home' prices of $145,000 per home, the SMCRA is seeking to enter into a construction agreement with H. Capo Construction Corp to provide sole source construction of the two homes. The H. Capo Construction Corporation has approached the SMCRA and has offered to complete construction of the two homes within 180 days and has also agreed to honor the previously approved home prices of $145,000 (See Exhibit A). The Capo Corporation has successfully completed numerous residential projects in the South Miami and Miami -Dade County area (See Exhibit B).' According to the terms of the draft agreement, should H. Capo Construction Corporation fail to complete construction as outlined in Exhibit 1, the property shall revert to the possession and ownership of the SMCRA and all improvements shall be forfeited to the SMCRA. If construction is successfully completed as per the terms of the agreement, the SMCRA shall convey clear title of the properties to H. Capo Construction Corporation. The conveyance shall be conditioned upon Capo Construction immediately selling the two homes to the selected affordable home buyers as defined by U.S. HUD guidelines. R Approval of the attached resolution shall authorize the SMCRA Director to enter in agreement with H. Capo Construction Corporation to complete construction of two affordable homes located at 5895 SW 57`I' Court, South Miami, Florida 33143 and 6400 SW 57th Court, South Miami, Florida 33143 for the previously approved purchase prices of $145,000 per home. RECOMMENDATION Due to the extenuating circumstances associated completing the aforementioned project (See Exhibit C), including numerous delays in construction, and subsequent default by Greater Miami Neighborhoods, staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into sole source agreement with H. Capo Construction Corporation . to complete construction of two homes located at 5895 SW 59`I' Place and 6400 SW 59" Place. Attachments: Capo Construction Corporation - Letter of Interest Capo Construction Corporation - Completed Projects General Council Analysis Affordable Housing Deed Agreement SD /MCGRUFFIPLANNINGIC R A\Authorization to Enter Into Contract with H. Capo Construction Corporation.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO A CONTRACTUAL AGREEMENT WITH H. CAPO CONSTRUCTION CORP. TO COMPLETE CONSTRUCTION OF TWO AFFORDABLE HOUSING UNITS LOCATED AT 5985 SW 67TH STREET, SOUTH MIAMI, FLORIDA AND 6400 SW 57 T11 COURT, SOUTH MIAMI, FLORIDA. FOR TWO ELIGIBLE AFFORDABLE HOUSING, APPLICANTS; AND PROVIDING. AN EFFECTIVE DATE. WHEREAS, the SMCRA has adopted a Community Redevelopment Plan which authorizes the SMCRA to conduct infill housing programs and to increase the number of affordable houses in the SMCRA area; and, WHEREAS, to facilitate these objectives, the SMCRA has entered into grant agreements to Greater Miami Neighborhoods (GMN) to construct homes at 5895 SW 67`x' Street; and 6400 SW 57`x' Court; and, WHEREAS, in accordance with SMCRA guidelines and US 'HUD Guidelines, GMN had selected the Goodman Family and the Brown Family as the eligible affordable housing purchasers of the two homes to be constructed; and, WHEREAS, due to numerous delays in construction and general non- compliance, GMN has defaulted under the terms of the existing grant agreements and has agreed to re- convey the two housing lots to the SMCRA; and, WHEREAS, housing construction on the two lots was initially started by Greater Miami Neighborhoods and never completed; and, WHEREAS, in anticipation of re- conveyance of the two properties, and to avoid any further delays in construction of the two homes, the SMCRA is seeking to enter into agreement with a qualified contractor to provide sole source construction of the two homes on an expedited schedule; and, WHEREAS, H. Capo Construction Corp. has approached the SMCRA and has expressed interest constructing the two affordable homes within 180 days and at the previously approved home prices of $145,000 per home; and, 1 2 3 WHEREAS, the SMCRA seeks to enter into an agreement with H. Capo 4 Construction Corp. to allow the construction company to construct, two single 5 family homes according to documented plans for the two affordable housing 6 eligible SMCRA residents; and, 7 8 WHEREAS, should H. Capo Construction fail to construct the home as 9 outlined in the grant agreement, the property will revert to the possession and 10 ownership of the SMCRA under the conditions outlined. in the agreement all 11 improvements shall be forfeited to the SMCRA; and, 12 13 WHEREAS, if H. Capo Construction Corp. satisfactorily completes 14 construction of the two residential homes and agrees to perform the covenants 15 hereinafter mentioned, the SMCRA covenants and agrees to convey to H. Capo 16 Construction, in fee simple absolute, clear of all encumbrances by a good and 17 sufficient warranty deed, to the Properties. 18 19 WHEREAS; In addition to the warranty deeds H. Capo Construction and 20 any affordable housing purchaser shall be obligated to. comply with an SMCRA 21 deed restriction requiring the property to be purchased by an affordable housing 22 purchaser, and any sale of the property over the next 15 years shall require sale to 23 a subsequent affordable housing purchaser as defined by U.S. HUD guidelines and 24 the SMCRA guidelines. 25 26 NOW THEREFORE BE IT RE, ESOLVED . BY THE COMMUNITY 27 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, 28 FLORIDA THAT: 29 30 31 Section 1. The above whereas clauses are incorporated by reference. 32 33 Section 2. The SMCRA Board hereby approves the agreement between 34 the South Miami Community Redevelopment Agency and H. Capo Construction 35 Corporation to construct two affordable homes located at 5895 'SW 67th. Street 36 (Folio No. 09- 4025- 028 - 0300); and 6400 SW 57th' Court (Folio No. 09- 4025 -015- 37 .0030). 38 39 Section 3. The SMCRA Director is authorized to execute the agreement 40 attached hereto as Exhibit L 41 42. Section 4. This resolution shall take effect immediately upon adoption 43 of this resolution. 2 1 2 3 PASSED AND ADOPTED this day of June, 2007. 4 5 6 ATTEST: APPROVED: 7 8. 9 City of South Miami Chairperson Horace Feliu 10 Community Redevelopment Agency 11 Clerk Board Vote: 12 Chairperson Feliu: 13 Vice Chairperson Wiscombe: 14 READ AND APPROVED AS TO FORM: Board Member Birts: 15 Board Member Palmer: 16 Board Member Beckman: 17 Board Member Ellis: 18 Board Member Williams: 19 Eve A. Boutsis, Office General. Counsel 20 Nagin Gallop & Figueredo, P.A. 21 South Miami Community Redevelopment Agency 22 23 24 3 05/08/2007 10:10 3056661554 • EXECUTIVE OFFICE EXHIBIT A AH. Capo .Construction Corp C-1 Construe ion Management services May 8, 2007 Stephen David SMCRA Acting Director City bf South Miami 6130 Sunset Drive South Miami, FL 33143 Re: 5895 SW 67th Street 6400 SW 571h Court Stephen, It has come to our attention that the SMCRA is interested in completing construction at the above referenced properties. As agreed, H. Capo Construction Corp. will do the* construction for the above referenced properties, at the previously designated home prices. H. Capo Construction Corp, will be using the building plans for each property that have already been approved by the City of South Miami Building. Department. We.expect to have the job completed within 180 days from the start date. Construction can start immediately, upon re- conveyance of the two lots to the SMCRA. If you have any questions please feel to contact our office. Sincerely, Hect r Capo, Jr, President H. Capo Construction Corp. 7166 S.W. 47th Street • Namiit FL 33155 Tel: 305.666.1439 . Fax: 305.666.1554 eapoeonstructio 'A @bellsouth.net Ir ' .I EXHIBIT B HECTOR CAPO JR. RESUME OF CONSTRUCTION BACKGROUND 12/05/2005 `- • 940 SW 9 ST. - MIAMI, FL NEW DUPLEX FOR RENTAL, FAMILY OWNED - BUILT 1984 • 939 SW 9 ST. - MIAMI, FL NEW DUPLEX FOR RENTAL, FAMILY OWNED - BUILT 1989 • 941 SW 9 ST. - MIAMI, FL NEW DUPLEX FOR RENTAL, FAMILY OWNED - BUILT 1989 • EL PRADO DEVELOPMENT - MIAMI,FL CONSTRUCTION MANAGEMENT AND JOB FOREMAN FOR LAND DEVELOPMENT AND CONSTRUCTION, APPROXIMATELY 3 PHASES OF 220 CONDOMINIUMS. • LAS MANSIONES - HIALEAH, FL 75 SINGLE FAMILY HOMES, BUILT IN 1989 AND SUCESSFULLY SOLD -OUT. • 1699 SW 7 ST. LATIN QUARTER TOWER CONDOMINIUM - MIAMI, FL 20 CONDOMINIUMS FOR LOW INCOME FAMILIES. BUILT IN 1995 AND SUCCESSFULLY SOLD OUT. • 924 SW 8 AVE. - MIAMI, FL NEW DUPLEX FOR RENTAL, FAMILY OWNED - BUILT 1996 • 911 SW 8 CT. - MIAMI, FL DUPLEX FOR RENTAL, FAMILY OWNED - REMODELED 1997 • 921 SW 8 CT. MIAMI, FL DUPLEX FOR RENTAL, FAMILY OWNED - REMODELED 1997 • 842 SW 14 AVE. - MIAMI, FL 8 -UNIT APARTMENT BUILDING FOR RENTAL, BUILT IN 1997 AND SOLD IN 1998. • 610 SW 19 ROAD - MIAMI, FL SINGLE FAMILY HOME REMODELED IN 2001 AND SOLD IN 2001. • 760 SW 21 ROAD - MIAMI, FL SINGLE FAMILY HOME REMODELED IN 2002 AND SOLD IN 2002. • 8200 SW 43 TERR. - MIAMI, FL, 5 SINGLE FAMILY HOMES, BUILT IN 2003 AND SOLD IN 2003. •, 13800 NE 3 CT. - MIAMI, FL BOUGHT LAND IN 2003 TO BUILD A 92 UNIT AFFORDABLE HOUSING CONDOMINIUM COMPLEX. DEVELOPED LAND AND RECEIVED AN OFFER TO SELL THE DEVELOPED LAND. SOLD IN EARLY 2005 AND CURRENTLY HOLD A MORTGAGE FOR $1,000,000.00. • 3024 INDIANA ST. - COCONUT GROVE, FL 2 CUSTOM TOWNHOUSE PROJECT CURRENTLY IN THE FINAL STAGES OF DEVELOPMENT PURCHASED LAND IN SEPTEMBER 2004 WILL SELL BY SECOND QUARTER OF 2006. • 6040 SW 76 ST - SOUTH MIAMI, FL PURCHASED LAND IN 2004 AND BUILT A CUSTOM SINGLE FAMILY HOME, WHICH SOLD IN 2005 FOR 1.15 MILLION. • 7630 SW 61 AVE. - SOUTH MIAMI, FL PURCHASED LAND IN 2004 AND BUILT. A CUSTOM SINGLE FAMILY HOME, WHICH SOLD IN 2005 FOR 1.275 MILLION. • 1255 SW 103 ST. - MIAMI, FL PURCHASED LAND IN JANUARY 2005, PLANS ARE IN PROCESS TO BUILD A 15,000 SQUARE FOOT SHOPPING CENTER WHICH WILL BE LEASED. • 5647 HOLLYWOOD BLVD. - HOLLYWOOD, FL PURCHASED LAND IN DECEMBER 2004, PLANS ARE IN PROCESS TO -BUILD A BANK WHICH WILL BE LEASED, • 7630 SW 63 CT. -S. MIAMI, FL PURCHASED LAND IN 2005 TO BUILD A CUSTOM SINGLE FAMILY HOME, AVAILABLE IN 2006 FOR 1.275 MILLION. • 5801 SW 47 ST.- MIAMI,FL PURCHASED LAND IN 2005 TO BUILD A CUSTOM SINGLE FAMILY HOME, AVAILABLE IN 2006 FOR 1.275 MILLION. • 7460 SW 59. ST.- MIAMI,FL PURCHASED LAND IN 2005 TO BUILD A CUSTOM SINGLE FAMILY HOME, AVAILABLE IN 2006 FOR 1.575 MILLION. • 7750 SW 69 AV.- MIAMI,FL PURCHASED LAND IN 2006 TO BUILD A CUSTOM SINGLE FAMILY HOME, AVAILABLE IN 2007 FOR 2.75 MILLION. • 7701 SW 61 AV. -S. MIAMI,FL PURCHASED LAND IN 2006 TO BUILD A CUSTOM SINGLE FAMILY HOME, AVAILABLE IN 2007 FOR 1.575 MILLION. 2 IN ADDITION TO THESE PROPERTIES DURING 1990 AND 1991 1 ALSO COMPLETED SEVERAL PROJECTS IN HIALEAH GARDENS, THAT WERE ORIGINALLY FINANCED BY BANKS FOR DEVELOPERS. SAID DEVELOPERS WERE UNABLE TO COMPLETE CONSTRUCTION AND I WAS ASKED TO COMPLETE THE PROJECTS ONCE THE BANKS TOOK POSSESSION OF SAID PROJECTS. MY EXPERIENCE AS A DEVELOPER INCLUDES: • OVER 750 RESIDENTIAL UNITS BUILT. • CONSULTING WORK FOR DEVELOPERS. • LAND DEVELOPMENT. • EXPERIENCE IN BOTH COMMERCIAL AND RESIDENTIAL PROJECTS. • ASSISTING FINANCIAL INSTITUTIONS WITH CONSTRUCTION PROJECTS.IN WHICH THEY HAD TO INTERVENE. • ABILITY TO IDENTIFY OPPORTUNITIES IN REAL ESTATE AND QUICKLY CONVERT INTO PROFITS. HECTOR CAPO, PRES. CAPO CONSTRUCTION, CORP. te EXHIBIT C MEMORANDUM To: SMCRA Board, From: Eve A. Boutsis, general counsel Stephen David, Interim Director Date: June 1, 2007 *1� Re: Sole Sourcing of uncompleted construction of the two sites located at 5895 SW 67" Street and 6400 SW 57th Court. The SMCRA could delay construction at 5895 SW 67'x' Street and 6400 SW 57'h Court to issue an RFP or RFQ for possible contractors for affordable housing units at the two identified sites. Doing so, would require a 90 -180 day in construction as the site has unique conditions associated with it (partial construction, the homes had been promised by GMN for two SMCRA residents, the homes need to be constructed for $145,000). Based upon the' foregoing, the SMCRA could avoid further delay and expedite construction by sole sourcing the construction of the two sites, provided certain material safeguards are provided for in the contract. Due to the unique circumstances identified with these two parcels the SMCRA is justified in entering into a sole source services contract with a qualified contractor. As you are aware, Greater Miami Neighborhoods; GMN, has had over four years to construct the two single family homes at 5895 SW 67h Street and 6400 SW 57" Court, under the grant agreements with the SMCRA. Under the two grant agreements, the SMCRA transferred title to the two lots to GMN. In exchange, GMN was to build two affordable homes under the SMCRA's guidelines. GMN contracted with two qualified SMCRA residents, Ms. Denise Goodman and Ms. Gloria Brown, who would be the recipients of the two homes, once constructed by GMN. Over the past several years the SMCRA has placed GMN on notice of its breach of the grant agreements, by failing to timely complete construction. After numerous attempts to obtain compliance, GMN, per the grant agreement terms, agreed to re- convey the lots back to the SMCRA. The SMCRA has even come out of pocket in order to pay off GMN's Wachovia lien, a construction lien placed on the parcels, in order to obtain clear title to the parcels and to ensure no further delays in construction. The SMCRA could initiate . a RFP or RFQ process to seek new nonprofit developers to come in and finish the construction of the' two homes proposed for 5895 SW 67`" Street and 6400 SW 57`'' Court. The RFP or RFQ would have to be tailored to the unique needs of these two lots — as there is currently abandoned construction at'the sites; the developers would have to determine if the abandoned construction can be salvaged ; if it is to be removed, if they can use existing plans for the sites; construct the homes promptly; .construct the two homes for $145,000 (the affordable housing price Sole source memorandum June 1, 2007 Page 2 of 2 fixed by GMN for the two SMCRA residents, Ms. Goodman and Ms. Brown); and, provided the two residents continue to financially qualify for the homes, transfer the homes to the two residents. Under these conditions, it is very likely that several nonprofit developers would be unable to respond to the RFP or RFQ, as most such organizations may provide homes to only certain qualified individuals (for example, Ms. Brown and Ms. Goodman would not qualify for Habitat for Humanity of Greater Miami's services). Drafting such an RFP or RFQ, advertising same, selecting a possible contractor, and finalizing a contract would be a 90 to 180 day process. Based upon the foregoing, including the undue delays by GMN, the two unique sites with partial existing construction, and more specifically, the desire to 'have Ms. Brown and Ms. Goodman and their families move into the homes promised them, are all compelling reasons for avoiding further delay. As such, due to the unique exigent circumstances, and the qualifications of Capo Construction to provide the homes within a short time frame, within the proposed budget of $145,000; to provide the homes to Ms. Goodman and Ms. Brown; etc., H. Capo Construction Corp., appears to be a qualified sole source for construction services. The construction would be consistent with the architectural plans on file at the City's Planning and Zoning Dept. The intent is to complete construction immediately, hopefully within 180 days of obtaining the land back from GMN. Ms. Brown and Goodman would have the option to purchase the homes. Should they fail to do so, the homes would be' sold to another affordable housing applicant that qualifies under US HUD guidelines and SMCRA guidelines. We recommend placing a 15 year covenant running with the land, requiring the affordable housing purchaser, should property be re -sold, to sell the parcel to another qualified affordable housing applicant. This is to prevent any "flipping of the parcel" and use of the parcel for non - affordable housing purposes. EXHIBIT 1 AGREEMENT FOR DEED BETWEEN THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND H. CAPO CONSTRUCTION COMPANY; CORP.' THIS AGREEMENT is made this day of , 2007, between. the South Miami Community Redevelopment Agency ( SMCRA) and. the H. Capo Construction Corp. ( "Capo Construction ") WHEREAS; the SMCRA and Capo Construction desire for Capo Construction to assume primary responsibility for completing construction of two homes on the properties identified in Exhibit 1; and WHEREAS, two low income applicant home buyers have been selected in accordance with applicable Federal, State, County and local laws and guidelines; and WHEREAS, the construction of the homes have been plagued .by delays and as a result the SMCRA has elected to enter into this' agreement with Capo Construction to complete the construction of the two homes; and WHEREAS, the SMCRA is the owner of the real properties described under Exhibit 1 (the "Properties "); and. WHEREAS, Capo Construction, proposes to complete construction on the Properties consisting of two residential houses, together with all appurtenances, fixtures, and improvements ("Improvements"). The Improvements shall be constructed in accordance with plans and specifications which have been submitted and approved by the City of South Miami Building Department (attached as Exhibit 2); and WHEREAS, the Capo Construction Corporation has agreed to construct the two affordable homes at the previously designated home prices of $145,000 (6400 SW 57`" Court)'and $145,000 (5895 SW 57`" Court); and WHEREAS, if Capo Construction satisfactorily completes construction of the two residential homes and agrees to perform the covenants hereinafter mentioned, -the SMCRA covenants and agrees to convey to Capo Construction Construction, in fee simple absolute, clear of all encumbrances by a good and sufficient warranty deed, to the Properties described in Exhibit 1. In addition to the warranty deeds Capo Construction and any affordable housing purchaser shall be obligated to comply with an SMCRA deed restriction requiring the property to.. Page 1 of 7 SMCRA SFAGC be purchased by an affordable housing purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent affordable housing purchaser as defined by U.S. -HUD guidelines and the SMCRA guidelines. NOW THEREFORE, in consideration of the covenants and agreements below, the parties agree as follows: 1. Recitals- Whereas Clauses. The parties acknowledge and agree that the recitals; whereas clauses, set forth .above are true and correct and are incorporated by reference into this Agreement 2. Project Scope. Capo Construction will provide construction services to accomplish the completion of construction and Improvements of two residential houses to be located on the ' Properties in accordance with the approved .building plans under Exhibit 2. 3. Conveyance of Deeds. SMCRA agrees to convey to Capo Construction all of its right, title and interest in and to' the Properties at such time as, the two residential houses are constructed in accordance with the approved specifications, pass all building inspections and receive Certificates of Occupancy from the City of South Miami Building Department. The conveyance .shall be conditioned upon Capo Construction's covenant to immediately sell the two homes to the two low income applicant home buyers identified in Exhibit 3. In addition to the warranty deeds ' Capo Construction and any affordable housing purchaser shall be obligated to comply with an SMCRA deed restriction requiring the property to be purchased by an affordable housing purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent affordable housing purchaser as defined by U.S. HUD guidelines and the SMCRA guidelines. 4. Term. The construction of the two residential houses shall be completed with 180 days following the receipt of building permits from the City of South Miami Building. 5. Closing Date. This transaction shall be closed and the deed and other closing papers shall be delivered within 45 days following the receipt of Certificates of Occupancy from the City of South Miami Building. 6. Representations and Covenants. Capo Construction hereby represents and warrants to SMCRA the following: (i). Capo Construction is a corporation duly organized, validly existing and in good standing under the laws of the State of Florida. There are no Page 2 of 7 SMCRA SFAGC proceedings or actions pending, threatened or contemplated for the liquidation, termination or dissolution of Capo Construction. (ii). Capo Construction shall apply for construction permits within 60 days from the effective date of this Agreement. (iii) Capo Construction covenants and agrees that Capo Construction shall cause the Properties to be developed in accordance with the building plans approved by the South Miami Building Department. (iv) Capo Construction shall complete construction of the two homes within 180 days from the receipt of the building permits. (iv) Capo Construction covenants and agrees that the Properties shall be sold to the applicants identified and for the amounts specifically delineated in Exhibit 3. In the event that one or both of the applicants no longer qualify as low income home buyers under, any of the applicable affordable housing programs, Capo .Construction covenants and agrees to sell the properties to other low income qualified home buyers selected by the SMCRA who qualify for affordable housing loan programs and who otherwise cannot afford to rent or buy houses generally available on the open market. (v).Upon transfer of the warranty deed to Capo Construction, Capo Construction agrees that any sale of the property shall be to an affordable housing purchaser (right of first refusal shall be to the persons delineated in Exhibit 3), and the purchasers shall be obligated to comply with the SMCRA deed restriction requiring the property to be purchased by an affordable housing purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent affordable housing purchaser as defined by U.S. HUD guidelines and the SMCRA guidelines. 7. Termination Without Cause. In case of the failure of Capo Construction to perform any of the covenants in this Agreement, at the option of the SMCRA, this Agreement shall be forfeited and terminated, and Capo Construction shall forfeit any and all claims to the deeds for the Properties. Capo Construction shall have no right or claim for reimbursement for any expenditures incurred for the improvements made to the Properties. All improvements made under this agreement shall be retained by the SMCRA in full satisfaction and liquidation of all damages sustained by the SMCRA, and the SMCRA shall have the right to reenter and take possession of the premises and seek such self -help remedies as shall place the SMCRA in exclusive possession of the premises. Page 3 of 7 SMCRA SFAGC 8. Right to Reenter and take possession of the Properties. SMCRA has the right, at its election to take possession of the Properties with all improvements thereon and terminate the Agreement if Capo Construction: (i) fails to start construction within 30 days from the date the construction permits are issued. (ii) abandons or substantially suspends construction for a period of 90 days. (iii) fails to cure a violation of the Agreement within 30 days after receipt'of notice to cure from SMCRA (iv) fails to obtain a building permit with 90 days after the effective date, of this Agreement. (v) Fails to complete construction, within 180 days after receipt of the construction permits. 9.. Risk of Loss. Risk of loss by fire or other casualty shall be Capo Construction's and Capo Construction agrees to maintain adequate insurance for a sum not less than the full replacement value. Capo Construction shall not commence work under this Agreement until it has obtained and submitted proof of all insurance required by the SMCRA. 10. Independent Contractor. Capo Construction, its employees and agents shall be deemed independent contractors and not agents or employees of SMCRA, and shall not attain any rights or benefits generally afforded SMCRA employees. 11. Venue and Jurisdiction. This agreement shall be governed by and construed. in accordance with the Laws of the State of Florida, and venue for any action shall be in Miami -Dade County, Florida. 12. Sovereign Immunity and Attorney's Fees. The SMCRA does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract,, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 13. Assignment. Capo Construction may not assign, or transfer this agreement or any part of this agreement. Page 4 of 7 SMCRA SFAGC 14. Authorized Agent. The SMCRA and Capo Construction shall each designate one person who shall be authorized representatives with respect to this agreement. The representative of the SMCRA shall be the Executive Director; the representative of Capo Construction shall be provided at the time of the joint execution of this agreement. 15. Notices. All notices given .or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the contractor and to the SMCRA specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. 16. Contracting Officer Representation. For the purposes of this contract, the contracting officers are as follows: To the SMCRA: The City of South Miami Community Redevelopment Agency Stephen David, SMCRA Director 6130 Sunset Drive South Miami, Florida 33143 To: H. Capo Construction Construction Corp. 6201 SW 70`" Street Suite 102 South Miami, Florida 33143 17. Force Maieure. Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party I or that could not have been reasonably foreseen and prevented. For this purpose, such acts or circumstances shall include, but. not be limited to, weather conditions affecting perfonnance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 18. Sovereign Immunity. .The SMCRA desires to enter into this agreement only if in so doing, the SMCRA can place a limit on the SMCRA's liability for any cause of action or claim arising from this agreement, so that the liability be limited to a maximum of $22,500. Accordingly, and notwithstanding any other term or condition of this agreement, SFAGC agrees that the SMCRA shall not be liable to Capo Construction for damages in an'amount in excess of $22,500 for Page 5 of 7 SMCRA SFAGC any action or claim arising out of this agreement. Nothing contained in this paragraph or elsewhere in the agreement is in any way intended to be a waiver of the limitation placed upon the SMCRA's liability as set forth in Section 768.28, Florida Statutes. 19. Indemnification. Capo Construction shall indemnify and hold harmless the SMCRA, its officers, employees, agents and Commissioners from any and all liability, losses or damages, including attorney's fees and costs of defense, which the SMCRA, its officers, employees, agent and Commissioners may` incur as a result of claims, demands, suits, causes of actions or proceeding of any kind or nature arising out of the negligence or actions of Capo Construction, its employees and sub contractors relating to this agreement. Capo Construction shall pay all claims and losses and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the SMCRA, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue. Capo Construction expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by Capo Construction shall in no way limit the responsibility to indemnify, keep and save harmless and defend the SMCRA or its officers, employees, agents and Commissioners. Nothing shall be construed to effect or waive the SMCRA's limits of liability provided in Section 768.28, Florida Statutes. 20. Entire Agreement. The agreement constitutes the entire agreement between the SMCRA and Capo Construction in regard to the subject matter and. supercedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. It has been induced by no representations, statements, or agreements, other than those expressed.. No agreement hereafter made between the parties shall be binding on either party unless reduced to writing and signed by the authorized representative of the parties. 21. Severability. If any provision or provisions of this agreement shall to any extent be invalid or unenforceable, the remainder of this agreement shall not be affected thereby and the remaining provisions shall be valid and enforceable to the fullest extent. 22. Liens. Capo Construction shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the, Properties or any interest therein. Capo Construction shall promptly, at its own expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. Page 6 of 7 SMCRA SFAGC 23. Miscellaneous Provision. In the event a court must. interpret any word or provision of this agreement, the word or provision shall not be construed against either party by reason of drafting or negotiating this agreement. 24. Inspection. SMCRA may make or cause to be made reasonable entries upon and inspections of the Properties. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives, as follows: 1 ne amity of �ioutn miami Community Redevelopment Agency By: Stephen David SMCRA Director Approved as to form: By: Eve A. Boutsis, General Counsel By: Hector Capo Construction Title: Page 7 of 7 SMCRA SFAGC AILSMCRA 2001 Making our Neighborhood a Great Place to Lh p- Work and Play' To: Honorable Chair and Date: June 11, 2007 SMCRA Board mbe From: Stephen avid ITEM No. Actin ire A UTHORIZA TION TO ENTER INTO CONTRACT WITH CODA ROOFING INC. TO PROVIDE MOBLEYBUILDING ROOF REPLACEMENT SERVICES A RESOLUTION OF THE CITY OF SOUTH 'MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO MAINTENANCE OF SMCRA OWNED PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH CODA ROOFING INC. FOR A TOTAL CONTRACT AMOUNT OF $44,300 TO PROVIDE ROOF REPLACEMENT SERVICES FOR' THE SMCRA OWNED MOBLEY BUILDING LOCATED AT 5825 SW ', 68m STREET; AND CHARGING THE TOTAL AMOUNT TO ACCOUNT #610- 1110 -518 -9932 (FACILITIES MAINTENANCE, MOBLEY BUILDING); AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the June 4, 2001 Meeting, the Board approved Resolution #16 -01 -65 authorizing the purchase of the Mobley Building located at 5895 SW 68" Street. Following purchase of the property, interior building space has been rented to various local businesses. During the, FY 04/05 budget approval process; the Board authorized a revised building utilization plan to include the following building uses: • Start-Up Business Incubator Program • Social Services Offices and • Other Parks and Recreational Uses As a result of hurricane damage sustained to the building during June 2005 Hurricane Season, the building now requires various structural repairs including replacement of the existing roof. During the May 14, 2007 Meeting, the Board expressed a desire to initiate immediate repairs to the building's existing roof system. Attached as Exhibits A, B and C are three estimates for replacement of the existing roof. Based on the three quotes received, CODA Roofing Inc. has provided a competitive cost estimate. Coda Roofing has also previously provided competent, timely roof repair service to both the SMCRA and .the City of South Miami. Approval of the attached resolution shall authorize the SMCRA Director to enter into contract. with Coda Roofing Inc. for a total construction cost of $44,300 to provide roofing services to replace the existing roof on the SMCRA owned Mobley Building (See Exhibit 1). The total amount shall be charged to Account # 610- 1110 -518 -9932 (Facilities Maintenance, Mobley Building). RECOMMENDATION Based on the fact that Coda Roofing Inc. has in the past provided reliable repair services to the SMCRA and the City of South Miami, staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into contract with Coda Roofing Inc. for a total contract amount of $44,300 to provide roof replacement services for the SMCRA owned Mobley Building. Following funding disbursement, the remaining balance in Account # 610 - 1110 -518 -9932 (Facilities Maintenance, Mobley Building) shall be $279,700. Attachments: Roof Replacement Contract Roof Replacement Bid Estimates SD /MCGRUPP \PLANNING \C R MAuthorization to Enter Into Contract with CODA Roofing Inc.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 27. '28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH. MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO. MAINTENANCE OF . SMCRA OWNED PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH CODA ROOFING INC. FOR A TOTAL CONTRACT AMOUNT OF $44,300 TO PROVIDE ROOF REPLACEMENT, SERVICES FOR THE SMCRA OWNED MOBLEY BUILDING LOCATED AT 5825 SW 68TH STREET; AND CHARGING THE TOTAL AMOUNT TO ACCOUNT #610- 1110 - 518 -9932 (FACILITIES MAINTENANCE, MOBLEY BUILDING); AND PROVIDING AN ',EFFECTIVE DATE. WHEREAS, during the June 4, 2001 Meeting, the Board. approved Resolution #16 -01 -65 authorizing the purchase of the Mobley Building located at 5895 SW 68'x' Street; and WHEREAS, following purchase of the property, space within the Mobley Building, has been subsequently rented by the SMCRA to various local organizations; and WHEREAS, during the FY 04105 budget approval process, the Board authorized a building utilization plan and identified the following building uses: • Business Incubator Space; • Social Services Offices; and • Other Parks and Recreational Uses; and WHEREAS, due to hurricane damage sustained to the Mobley Building,. during June 2005 Hurricane Season, the building now requires structural repairs including roof replacement; and WHEREAS, during the May 14, 2007 -Meeting, the Board expressed a desire to implement immediate roof repairs to the Mobley Building; and WHEREAS, staff has subsequently obtained three individual cost estimates for replacement of the existing Mobley Building roof; and WHEREAS, the cost estimate received from Coda Roofing Inc.,. in the amount of $44,3000 is competitively priced; and I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 . 43 �44 WHEREAS, Coda Roofing Inc. has previously provided timely roof repair work for the SMCRA and for the City of South Miami; and NOW THEREFORE BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY; Section 1. The South Miami Community .Redevelopment Agency authorizes the SMCRA Director to enter into the contract attached as Exhibit 1 with Coda Roofing Inc. to replace the existing roof on the SMCRA Mobley Building for a total estimated project cost of $44,300 and charging the total amount to Account # 610 - 1110 -518 -9932 (Facilities Maintenance, Mobley Building). Following funding disbursement, the remaining balance in Account # 610- 1110 -518 -9932 will be $279,700. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 2007. ATTEST: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A. Boutsis, Office of General Counsel Nagin Gallop & Figueredo, P.A. 2 APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson Wiscombe: Board Member: Palmer Board Member Birts: Board Member Beckman: Board Member Ellis: Board Member: Williams EJCHIBIT 1 CONTRACT FOR ROOFING SERVICES THIS CONTRACT is made and entered into as of the day of June, 2007 by and between the South Miami Community Redevelopment Agency ( SMCRA), and Coda Roofing, Inc. (contractor). WHEREAS, the SMCRA desires to engage and retain the services of the contractor to perform the work described in this contract and the contractor desires to accept the engagement. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows: I. WHEREAS CLAUSES. The above whereas clauses are incorporated and made a part of this contract. II. PURPOSE. The purpose of this contract is for contractor to provide the SMCRA with licensed roof work as provided for on attached exhibit 1. . III. WARRANTY. All work performed byahe contractor must have a seven (7) year warranty from the date of installation. This warranty is to include all parts and labor for all work and /or installations performed by the contractor for the SMCRA. Any worked performed . by the contractor which is not to the satisfaction of the SMCRA, must be addressed and corrected within 48 hours of verbal and /or written notice. IV. GENERAL. Contractor shall at all times enforce strict discipline and. good behavior among its employees and shall take all steps necessary to insure that they are familiar with and abide by all safety and other rules. Contractor shall provide competent and adequate installation personnel; and shall assign an experienced supervisor responsible for the property for the duration of the contract. All personnel shall be required to wear clean uniforms while on site, with company emblem for identification. Contractor shall supply all required, Permits, Labor, Materials 'and equipment necessary for the satisfactory performance of the services listed herein. Contractor shall provide all licenses, permits and insurance necessary to perform the services outlined. I Contractor shall take care to avoid damage to Owner's property, and the property of Owner's tenants, vendors and patrons. Contractor is responsible of the disposal of ,any debris associated with any work performed for the SMCRA. V. CHANGE ORDERS/WORK ORDERS. The SMCRA or Contractor, may at any time, upon mutual Contract and by written order, make changes within the general scope of this Contract in the services to be performed. SMCRA may, from time to time, request changes in the services of the Contractor to be performed hereunder. Such changes, including any SMCRA Contractor Page 1 of 6 increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between SMCRA and the Contractor shall be incorporated in written amendments to this Contract.. If any such changes causes an increase or decrease in the prices charged, the maximum amount of the Contract, or the time required for performance of any part of the work under this Contract, whether or not changed by the order, or otherwise affects the conditions of this Contract, SMCRA shall make an equitable adjustment in the maximum amount, the price(s), the delivery schedule, or other affected terms, and shall modify the Contract with a mutually negotiated written Change Order. VI. PAYMENT TERMS. Payment shall be the amount listed in, and as provided in exhibit 1: 35 %shall be due upon execution of contract; 35% due upon placement of base sheet; and final 30% due to be paid within 15 days of final inspection and approval of the work by the South Miami Building Department. VII. TERMINATION FOR CONVENIENCE. The SMCRA may terminate this contract for convenience at any time by giving 15 -days notice in writing to the contractor. The contractor will be paid for the value of services performed pursuant to the schedule contained in the statement of work, up to and including the termination date. Contractor will be permitted to complete on -going investigations and shall be paid for all satisfactory work completed. The SMCRA shall not be liable for future profits or losses. In the event that the SMCRA improperly terminates the contract for default under section VIII, below, the termination shall be deemed a termination for convenience under this section. VIII. TERMINATION FOR DEFAULT. Either party may terminate this contract prior to the completion of the work on account of a material breach of this contract by the other party, which has not been cured within three days from the date of receipt of, written notice of breach from the party seeking termination. Termination shall be effective as of the end of the notice period in the case of any uncured material breach. Contractor may terminate this contract prior to the expiration of the initial term or any subsequent renewal term upon not less than 60 days prior written notice to the SMCRA in the event that contractor is unable to complete the services identified in section II due to causes beyond contractor's control. The SMCRA shall have no liability to the contractor for future profits or losses in the event of termination for default. The rights and remedies of the SMCRA provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Should contractor provide the SMCRA with written notice of cancellation of contract, contractor will be required to refund a pro -rata share of the compensation identified in section VI. SMCRA Contractor - Page 2 of 6 IX. TRANSFER AND ASSIGNMENT. None of the work or services under this contract shall be subcontracted unless contractor obtains prior written consent from the SMCRA. Approved subcontractors shall be subject to each provision of this contract and contractor shall be responsible and indemnify the SMCRA for all subcontractors' acts, errors or omissions. The contractor shall not assign, transfer or pledge any interest in this : contract without the prior written consent of the SMCRA; provided, however, that claims for money by the contractor from the SMCRA under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the SMCRA's approval. Written notice of any assignment, transfer or pledge of funds, shall be furnished within 10 -days by the contractor to the SMCRA. X. RESERVATION OF RIGHTS. ' The parties agree that this contract may be amended to modify the scope of services and commitment by contractor to SMCRA , so as to better fulfill the service needs of the SMCRA and it's properties. No additional consideration will be necessary to amend this contract. XI. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES. The SMCRA does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. XII. JURISDICTION AND VENUE. For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. XII. INSURANCE AND INDEMNIFICATION. The SMCRA shall not be held liable or responsible for any claims which may result ' from acts, errors or omissions of the contractor or its subcontractors, suppliers or laborers. In. reviewing, approving or rejecting any submissions or acts of the contractor, the SMCRA in no way assumes responsibility or liability for the acts, errors or omissions of the contractor or subcontractors. The contractor shall not commence work under this contract until it has obtained all insurance required by the SMCRA. The contractor shall defend, indemnify and hold the SMCRA harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of a negligent act, error, or omission or misconduct of the contractor, or the 'contractor's subcontractors, suppliers and laborers incident to the performance of the contractor's services under this contract. The contractor shall pay all claims, losses, fines, penalties, costs and expenses of any nature whatsoever resulting from its intentional misconduct or negligence. The contractor shall maintain during the term of this contract the following insurance: A. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations, and products liability, contractual liability, severability of interest with cross liability provision, and personal.injury and property damage liability with limits of $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. The policy or SMCRA Contractor Page 3 of 6 . policies shall name SMCRA as: additional insured and shall reflect the hold harmless provision contained herein., B. Workers' Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. C. The policies shall contain waiver of subrogation against the SMCRA where applicable and shall expressly provide that the policy or policies are primary over any other insurance that the SMCRA may have. 'The SMCRA reserves the right to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the SMCRA. D. All of the insurance is to be placed with Best rated A -.8 or better insurance companies qualified to do business under the laws of the State of Florida. The contractor shall furnish certificates of insurance to the . SMCRA prior to the commencement of operations. The certificates shall clearly indicate that the contractor has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that . no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall' be effective without 30 days prior written notice to the SMCRA. Compliance with the foregoing requirements shall not relieve the contractor of its liability and obligations under this contract. XIII. COMPLIANCE WITH LAWS. The Contractor shall be responsible for full compliance of the design criteria under section III of this contract. Contractor shall additionally comply with all applicable building codes, state and federal law. Additionally, all work completed shall be permitted. Any deficiencies in the scope of services shall be remedied by the Contractor at the Contractor's sole expense. - XIV. LIENS. The Contractor, subcontractors, suppliers and laborers are prohibited from placing a lien on SMCRA's property. XV. SEVERABILITY. Should any section or any part of any section of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. XVI. NOTICES.. All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the contractor and to the SMCRA specified in this contract, unless either party shall specify to the other party a different address for the giving of the' notices. SMCRA Contractor Page 4 of 6 XVII. CONTRACTING OFFICER RE PRESENTATION. For the purposes of this contract, the contracting officers are as follows: .To the SMCRA: Stephen David, Acting Director 6130 Sunset Drive City of South Miami, TL 33143 To Contractor: Coda Roofing, Inc. 4678 East 10`" Lance Hialeah, Florida 33013 Attention: President An individual or delegated committee will be designated to represent the SMCRA in all matters pertaining to the work as it progresses. Interference by unauthorized individuals must be controlled so as no to impede the smooth progress of the work. Painting contractor shall review all work to be accomplished with project representative to preclude misunderstandings. XVIII. ENTIRE CONTRACT. The contract, when signed by all of the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents XIX. MISCELLANEOUS PROVISION. In the event a court must interpret any word or provision of this contract, the word or provision shall not be construed against either party by reason of drafting or negotiating this contract. IN WITNESS WHEREOF the parties have executed this contract on the date indicated above. WITNESSED: WITNESSED: President, Coda Roofing, Inc. Stephen David, SMCRA Acting Director Page 5 of 6 3IVlt .I r* � k.omracwr ATTEST: SMCRA APPROVED AS TO FORM: By: Eve A. Boutsis, Nagin Gallop, & Figueredo, Office of General Counsel SMCRA Contractor 06/07/2007 23:24 3056814012, CODA ROOFING, INC. EXHIBIT A CODA ROOFING, INC. LICENSED & INSURED cc #93BS00507 4678 EAST lei LANE H A.LEAB, FL. 33013 PH: 305 -681 -1060 FAX: 30S-681-4012 ,.morn r tinnoeee Contract-Estimate DATE EStimate 0 5/152007 CODA 143 36 CITY OF S. MIAMI JOB ADDRESS:MOBLEY •BUiLDINO ESTIMATE GIVEN BY ATMANTTA — TEL:305..668 -7237 1tnFAEL FAX:305 -668 -7356 DESCRIPTION_ _ �: TOTAL 1LBPLACE FLAT ROOF. WORK INCLUDE- ALL ROOFING SYSTEM WORK, LABOR, MAM, ZIALS, AND EQUIPMENT ACCORDING TO F.B.C. AND CURRENT ROOFING CODES. INSTALLMCNT: A. REMOVE EXISTING ROOF. S. CLEAN COMPLETE ROOF TO A WORKABLE SURT•ACE, C. REPLACE RO'XTk:N WOOD UP TO 100 LNJ7. AUDMONAL AT $6.5().PBR LN.b T. l). TH$ MST190 WOOD DECK ROOF MAY HAVE TO 13E RE- NA11,131) iN ACCORDANC.r WrM THE CURRENT PROVISIONS OF CHAPTER 16 Or F.B.C. AT $0.18 PER SQ.T'T. B, APPLY INSULATION 2 INCH. F. ALL METALS TO BE GALVANIZED TO INCLUDE 13UT NOT UMI TED TO EDGE DRIPS, FLASIAN'G, STUCCO STOP, ETC. AS REQUIRED. O. ALL V1 N"M AITNG ROOF STACKS LEAD OR CIALVANIZED PENETRA1TON. 11 PLACE 2 PLIES TAM GLASS PLY N. HOT MOP APPLIED. T. PLACE TAMKO MODIFIED BITUMEN ROOF SYSTEM. J. CLEAN AND HAUL AWAY ALL SUBCONTRACTOR DI:13W OFFSITE ON A .DAILY BASIS. (BY OUR TRUCKS.) K. rERMtT AS R1;QUTRED. 7 YEARS OF WARRANTY OF LABOR WORK NOT INCLUDED: 1 44,300.00 1. WORK OF OTI31rR TRADES AND WORK NOT PART OF THTS COMMERCIAL ROOFING CONTRACT. 2. PORTABLE TOILET. 3. WE ARE NOT RESPONSIBLE FOR DAMAGES Ox PAINTS, A.C., ANTENNAS OR ANY LLrx R ca WORK. PAYMENT SCI IEDULE; 35% UPON SIGN THE CONTRACT. 35% UPON BAST; SHEET. 300A TO BE PAID UPON FINAL INSPECTION APPROVED. I LABOR AND MATERIAL . I PRICE BASED ON SQ 1 1 TnTA 1 $44.300.00 1 Duc to cantintwl mAtcrial prize: increases bT manufachim- s, this estimale nuty be uithdsuwn by Coda Rooting, Inc., if not accepted within 30 dd3v. The guarantee a this roorDOES NOT cuvox leaks duc to tabusc, lighti & harricanc, tomado, haul storm, vandalism or other cTimWc phcnomcna. If any sums duc widcr this Agreemcut are not paid per the teams set forth abovc, tbcn the Customer agrecs to pay all re sonable attorney's fccs and all costs and mpcnscs incutrcd collecting :uaid ; ums, In addition, al] past duc sums shall In: inlcrcat at the ratc of I.50A per mnnth. ABOVE PRICES, SI)FCT.1--1CA11ONS AND CONDTIMONS ARE HEREBY ACCEPTED. PRESMENT OWNER/ CONTRACTOR OCEAN BLUE PONTRACTORS 10440 SW 186 Terrace, Miami, FL .33157 Ph. (305) 234 -6065 Fax (305) 234 -6965 Licensed &, Insured.CGC_ #1507483, CCC #047137 Email: oceanblueinc(a0ellsouth.net PROPOSAL SUBMITTED TO.: City of. south "Miami 6130' Sun.set.Drive- South :.Mian i, Fl. ,33143 c/o:. Arita Parker JOB#t 0770501- 78F%RSVD JOB` NAME: - Re -Roof Fiat to BUR: Flat - j EXHIBIT B DATE:- Ju.rie..5,, 24.07 OFFICE: 30S.'668..7239 FAX:. 305:668.7356 JOB-SITE: :5825 SW'.:68 STREET 5.:MIAMI, .FL...;33143 . MOBLEY BLDG:. We are please&to. submit our proposal for .tlie re -roof flat ; -to .flat roof.'system 'due to Hurricane damages of the property captioned above with specifications as follows: SCOPE OF WORK- Part 1. RE-ROOF FLAT TO A FLAT-ROOF SYSTEM 1. - Removal of'existing roof'dowri.'to a,arrmooth..,and'. :workable concret6. decking surface. 2. Application:: of -asphaltic' quick dry ;prirner'to :exposed concrete surface: 3: A . lication. of 1/2 " high density fiber board insulation fully adlerecl in .type III asphalt pP ., 4:. Application..of l . "' 2 composite board insulation. fully. _adhered in type'III. asphalt: 5'. . Application: of 80# base %sheet fullyadhered in type.;aIl asphalt. 6:. Installation of 1.x4 ca.n't strip to parapets,perimeter, 7:; Application: of 2- plies of;ply 6 fiberglass felt fully adhered iri aype,Ill asphalt: 8. Installation; of altnew. metal flashings (i.e..,, drip edge, soil sleeves, pitch pockets). 9.: Application of-modified bitumen to;:pe rapets wall 'abutment. 10,.:Application of Aluminum asphalt seal over . exposed: felts': 11.. Removed "and .- disposal of -i f.roofmg.debris. Existing Replacement Cost -- --------------- = - = = -- 47.655 Int. Ocean Blue .Contractors, Inc. * 10440,,Sw 186 Terr * Miami, FL 33.157 Telf: ,(305) 234 -6065 * (305) 234= 6965.: Fax Email: oceanblueine n,bellsouth.net' City of S. Miami c -/ o:. Anita Parker Page-2 of 3 June 5, 2007 Re: MOBLEY BLDG:, 5825 ,SW 68 STREET. South Miami, Fl. 33143 Part 'II. RE -ROOF FLAT TO A FLAT ROOF SYSTEM 1. Removal of existing roof .down. to a: smooth and workable concrete decking surface. 2 Application of asphaltic quick: dry primer to exposed concrete. surface,. <. 3- Application of r /2 " high .density fiber board_ insulatioa fully adhered,.mi type III asphalt. 4.. Application. of 1 1/2" composite "board insulation fully. adhered in. type III asphalt.. 5: AppHication of 75# base sheet fully adhere. d n, tYPe;III asphalt',. 6. Installation of 1 x4 can't. strip to parapets perimeter. 7., Application of 27plies of ply,4 .fiberglass felt fully adheredin: type III asphalt. 8.. Installation of all' he* metal flashings (i.e., drip edge, soil leeves, pitch pockets)._ 9: .,.App lication of cap sheet membrane over fiberglass felt fully adhered iri type III asphalt 10:Applicatiori of°modified bitumen io parapets wall abutment. 11:Rem6val and, disposal of all. goofing debris. Rico rixnenid Cost. ---------------------------- ---- --------------------- - - - = -- $ 51;168 Int: Part `III. WOOD WORK'CLAUSE Replacement.of'all: rotten; damaged lumber; :re- nailing of decking or application of wood ,milers to. meet current building code requirements is done. strictly, on a-time.` nd. material . basis: of -approximately 950 lineal feet' to include labor, materials, and;other related items. Cost - -.:. $ 3,175. Int. NOTE: 'Due -to' continual= material price increases by manufactures,,.,-this' estimate : may be withdrawn by Ocean Bluejf riot accepted within,15,: days. PAYMENT SCHEDULE: TBA ACCEPTANCE: -The above prices, specifications and conditions.are satisfactory and we are:hereby authorized.to do the work as specified. .Payment will be made as.ou.. ned:. above. Please refer to the "Terms &Conditions of Contract "' on the final page, sign: and :date both pages. Ocean Blue Contractors, Inc..* 10440 SW 186 Terr * Miami, FL 33157 Telf: (305) 234 -6065 * (305) 234 -6965 Fax Email: oeeanblucincnbellsouth.net City.,of S. Miami- Page 3 of 3 c/o: Anita, Parker June; 5, 2007 Re: MOBLEY.BLDG., 5825 SW 68 STREET. 'South;Miami, .Fl. 33,143 ACCEPTANCE OF PROPOSAL Th6above -'.prides' 'specifications ' i d*ti sfdft6�y 4#d hereby anc conditions ons are.si�ti we are, authorized to do the -vork-- asspecified. Payment will bdjnAde as'. outlined above. Please refer l to the 1 "Terms - & Conditions of C.ontracV,on the next :page. and sign and date, both page�s,. Ocean. Blue Contractors,.Inc. By:. 'VP City of; South ..Miami Authorized.. Signature, Date of Acceptance: I PROPOW 07M.`NWW/RiRoot Flat /REVD' Ocean Blue Coniractors,jnc. . * . � 10440- 1 SW. 1 186 Terr Miami, FL 33157 T61f.j3'05).23'4L6065* ($Q5),234-.6965Fax; Emaih oceanbIu6incob'dlsouth.nef ;EXHIBIT C I P ° -"S TRIANGLE OF MIAMI ER.0OFING 1825 PONCE DE LEON BLVD #219 CORAL GABLES, FLORIDA 33134 OFFICE: 305 -445 -0003 CELL: 305 -525 -9523 FAX: 305- 442 -8889 EMAIL: TRIANGLEOFMiAMI@BELLSOUTH.NET LICENSE NUMBER: CC 93BS00566 LICENSE & INSURED FRANK TOYOS ----7-7-7 CC#938500566 T. N LE p> Frank Toyos rx.. Cell: (305)5259523 Off:(joS)4 45'0003 ��g PONCE DB LEON EIVD 218 CCR�A� GAElES. FLORIDA !3134 1 TF2IA.NGLE OF MIAMI aRC) OFING 1825 PONCE DE LEON BLVD #219 CORAL GABLES, FLORIDA 33134 OFFICE: 305 -445 -0003 CELL: 305 -525 -9523 FAX: 305442 -8889 LICENSE NUMBER: CC 93BS00566 LICENSE & INSURED Owners Name: South Miami Community Date: 06 -01 -07 Address: 5825 Southwest 68 Street. City: South Miami State: Florida Zip: 33143 Job Site: 5825 Southwest 68 Street. City: South Miami State: Florida Zip: 33143 Home No. Work No. Cell No. Folio Number: 094025- 028 -0930 CONTRACT All the above captioned address we propose to install the following roof system according to the specifications of the South Florida Building Code for Roofs. We are licensed and insured and will obtain a permit prior to commencing work. SCOPE OF WORK 1. This roof will consist of a Insulation System MATERIAL: ISO with '/a slope a minimum of 2.5 as a BASE. 2. A BASE LAYER: 2.0" ISO- included for min. R-14 3. Avg. R Value: 35.3 4. BASE SHEET: One ply of "GAFLAS # 75 Premium Base Sheet" 5. Starting at a lower point of the roof we shall flood a coat of Type IV hot asphalt. ,6. INSULATION: ISO INSULATION SYSTEM 7. We shall flood once again with Type IV hot asphalt. 8. PLY SHEETS: Two or more "GAFGLAS Ply 4 ". 9. CAP SHEET: Ruberoid Mop 170 FR Granule. 10. Lay Granules on all seams or laments of final paper. 11. All parapet walls and flashable obstacle will be primer with asphalt primer and allow to dry. The adhered with hot asphalt an 18" strip of " Ruberoid Mop Plus Granule" with stucco stop metal flashing for firm support. 12. We will install galvanized pitch pans at equipment penetrations, where required. 13. We will install all new valley metals and L flashing where needed. 14. We will remove all roof trash debris'and clean up stage site on a daily basis. 1 Initials ROOF CONTRACTOR TERMS AND CONDITIONS A. The roofing contractor includes all permit fees, licenses, insurance, materials, asbestos testing, labor operations. All is included in total amount agreed upon in this contract. B. Mechanical/Electrical (A/C) work is NOT included. C. We are NOT responsible for previous gutter or present gutter installation. D. The removal and replacement of air conditioning units, ductwork, and related electrical to facilitate of this roof, is additional to the contract price and is the owner's responsibility. E. We cannot and will not assume. responsibility for any damages done to the roof by plasterers, plumbers, electricians, air conditioning men, and/ or any other tradesmen or persons. F. Triangle of Miami Roofing, will use caution when working: however, except for proven negligence, Triangle of Miami Roofing, cannot be held responsible and shall be relieved of any liability for interior or exterior damage to the building, it's contents or surrounding property including plaster such as cracks, small pops, or water damage, paint, furnishings, personal belongings, lawns, shrubbery, sidewalks, driveways, sprinkler system, water lines, septic tanks or lines, antennas, fiberglass or plastic roofs, screens or screen enclosures, pools, pool pumps, patios, water lines, dryers, tools, vehicles, solar heater, satellite dish, etc. G.. Owner is responsible for notifying Triangle of Miami Roofing, as to the location of septic tank. H. Owner will be responsible for staining or painting any new wood or metal. I. The contract pricing reflects Triangle of Miami -Roofing, having access to eaves of roofs for trucks and equipment, including cranes. Any work not specified is addition to the contract price. J. In the event that the owner notifies Triangle of Miami Roofing, that work can be commenced and Triangle of Miami Roofing, incurs, expense by sending men to the job and it is determined that it is impossible for Triangle of Miami Roofing, to commence the work at the time, owner agrees in addition to the contract price, to compensate Triangle of Miami Roofing, at its current rate for the expenses incurred by Triangle of Miami Roofing. K. Any work done or attempted to be done on the roof other than Triangle of Miami Roofing, shall void the guarantee. L. This contract only covers the work specifically set forth herein. The contract does not cover any additional work found necessary after commencement of job. Owner agrees to execute any addenda to this contract necessary to cover additional work not to exceed $2,000 dollars. . M. All payments due under this contract unless timely made, shall bear interest at the maximum legal rate of 24.99 percent as of the final inspection has been passed. N. There are . no representations either oral or written other than those set forth on this contract. O. Any amount over $2,000 dollars needs signed changed order. COMMENTS NOTE: THIS PROPOSAL IS ONLY FOR LOW SLOPE SYSTEM. THE METAL MANSARD ARE NOT INCLUDED. 2 Initials GUARANTEE & WARRANTY GUARANTEE: All work will be guaranteed for a period of Seven (7) years. from date of completion against poor workmanship and leaks. All materials are guaranteed to be as specified and the work will be completed in a workmanlike manner in according to specifications. Any and all alterations or deviations from the stated specifications involving extra cost and materials will be executed only upon written orders. These changes turn into an extra charge, over and above the estimate. All agreements and contingent upon strikes, accidents or delays upon contractor's control. Owner of property to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workmen's Compensation insurance. If either party commences legal action to. enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fee and cost of litigation relating to said legal action, as determined by a court of competent jurisdiction. The Contractor proposes hereby to furnish material and labor with above specification for the sum of: Total Price $44;200:00 Deposit Upon Comm. Upon Final Payment schedule $::1:4.800:00 $ 14,800.00 $:14;600.00 Total squares: 68 Total square feet: 6720 LOW SLOPE SYSTEM LOW SLOPE SYSTEM This.proposal may be'withdrawn if not accepted within 30 days. 1. Triangle of Miami Roofing. Hereinafter "Contractor", shall use only materials that are . produced and manufactured by reputable and well known companies as evidenced by the manufacturer's label. 2. Any changes or alterations from this contract requested by owner may result in an increase of price of this contract. 3. Shall it become necessary for contractor to retain the service of an attorney to enforce collection of sums due under this contract from owner, the owner agrees to be responsible for all reasonable attorney's fees and costs incurred by contractor in connection with such collection efforts. All unpaid balances shall accrue interest at the maximum legal rate per month. 4. Owner shall not withhold any monies owed to contractor as a result of building officials failing to inspect contractor's work in a timely manner. 5. Contractor shall exercise reasonable care in the execution of its work, however, due to the type of work involved, contractor shall not be liable for any incidental damage resulting from the normal and routine execution of contractor's work. 6. The appearance of the contractor's work will always reflect the condition of the existing underlying deck. 3 . Initials 7. Triangle of Miami Roofing, shall not be held responsible for damages either before, during or after roof construction caused by acts of God, sudden rain storms, windstorms, hurricanes or other events beyond our control. LUMBER CHARGERS MATERIAL COST PER LINEAL FOOT 1. Furring Strips $2.50 per strips FACIAL BOARD 1. 1 X 4 X 16 $2.50 per In. ft. 2. 1 X 6 X 16 $3.00 per In. ft. 3. 1 X 8 X 16 $3.50 per In. ft.. 4. 1 X 10 X 16 $4.00 per In. ft. 5. 1 X 12 X 16 $4.50 per In. ft. 1.2 X 4 X 16 $4.00 per In. ft. 2.2 X 6 X 16 $4.50 per In. ft. 3.2 X 8 X 16 $5.00 per In. ft. 4.2 X 10 X 16 $5.50 per In. ft. 5.2 X 12 X 16 $6.00 per In. ft. SHEATHING ROOF DECK CDX PLYWOOD 1.4 X 8 X'h" $ 96.00 per sheet 2.4 X 8 X5/8 $128.00 per sheet 3.4 X 8 X 3/4 $160.00 per sheet SHEATHING ROOF DECK T -111 PLYWOOD 1.4 X 8 X' /z" $128.00 per sheet 2.4 X 8 X 5/8 $160.00 per sheet TRUSS TAILS OR RAFTERS 1.2X4 $ 8.50 per In. ft. 2.2 X 6 $10.50 per In., ft. 3.2X8 $12.50 per In. ft. FLAT ROOF CELL BLOCKS FILL (PARAPET BLOCKS) 1. Cell Blocks Fill $10.50 per In. ft. 4 Initials MATERIAL 1. Copper 30 Eve drip 2. Copper angle F:L.S.H 4x5 3. Copper stucco stop 5" 4. Copper 16" roll 5. Copper scupper 50 CUSTOM MATERIAL COST PER LINEAL FOOT .$2.90 $4.15 $2.25 $440.00 per roll $150.00 per unit As stated in the above specification. The costs, materials, and specification_ are satisfactory and are hereby accepted. I authorized the contractor to perform the work as specified and payment will be made as summarize above. Customer Signature: Representative: Date: Date: 5 Initials R21 cc R2% 2001, Making our Neighborhood a Great Pace to Live, Work and Play' To: Honorable Chair and Date: June 11, 2007 From: ITEM No. AUTHORIZATION TO ENTER INTO CONTRACT WITH 911 RESTORATION INC TO PROVIDE MOBLEYBUILDING MOLD REMEDIA TIONSER VICES A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO MAINTENANCE OF SMCRA OWNED PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH 911 RESTORATION INC. FOR A TOTAL CONTRACT AMOUNT OF $8,290.53 TO PROVIDE MOLD RE,MEDIATION SERVICES FOR THE SMCRA, OWNED MOBLEY BUILDING LOCATED AT 5825 SW 68T» STREET; AND CHARGING THE TOTAL AMOUNT TO ACCOUNT #610- 1110 -518- 9932 (FACILITIES MAINTENANCE, MOBLEY.BUILDING); AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the June 4, 2001. Meeting, the Board approved Resolution #16 -01 -65 authorizing the purchase of the Mobley Building located at 5895 SW 68`x' Street. Following purchase of the property, interior building space has been rented to various local businesses. During the FY 04/05 budget approval process, the Board authorized a revised building utilization plan to include the following building uses: • Business Incubator Program • Social Services Offices and • Other Parks and Recreational Uses As a result of hurricane, damage sustained to the building during June 2005 Hurricane Season, the building now requires various structural repairs including interior mold remediation. During the May 14, 2007 Meeting, the Board expressed a desire to initiate immediate mold remediation repairs to the building's interior. Attached as Exhibits A, B and C are three estimates interior mold remediation. Based on the three quotes received, the estimate received from 911 Restoration Inc. is very competitively priced and 911 Restoration Inc. has. also provided several, references of successfully completed mold remediation projects. Approval of the attached resolution shall authorize the SMCRA Director to enter into contract with 911 Restoration Inc. for a total contracted amount. of .$8,290.53 to provide interior mold remediation in the SMCRA Mobley Building (See Exhibit 1). The total amount shall be charged to Account # 610 -1110 -518 -9932 (Facilities Maintenance, Mobley Building). RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into contract with 911 Restoration Inc for a total contract amount of $8,290.53 to provide roof replacement services for the SMCRA owned Mobley Building. Following funding disbursement, the remaining balance in Account # 610- .1110 -518 -9932 shall be $271,409.47. Attachments: Mold Remcdiation Contract Mold Remediation Estimates SD /MCGRUFFIPLANNINGIC R A\Autrhorization to Enter Into Contract with 911 Restoration Inc.doc 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 � 6 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO MAINTENANCE OF SMCRA OWNED PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH 911 RESTORATION INC. FOR A TOTAL CONTRACT AMOUNT OF $8,290.53 TO PROVIDE MOLD REMEDIATION SERVICES FOR THE SMCRA OWNED MOBLEY BUILDING LOCATED AT 5825 SW 68TH STREET; AND CHARGING THE TOTAL AMOUNT TO ACCOUNT #610 -1110 -518 -9932 (FACILITIES MAINTENANCE, MOBLEY BUILDING); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the June 4, 2001 Meeting, the Board approved Resolution #16 -01 -65 authorizing the purchase of the Mobley Building located at 5895 SW 68`x' Street; and WHEREAS, following purchase of the property, interior space within the Mobley Building, has been rented by the SMCRA to various local businesses; and WHEREAS, during the FY 04%05 budget approval process, the Board authorized a building utilization plan and identified the following building uses: • Business Incubator Space; • Social Services Offices; and • Other Parks and Recreational Uses; and WHEREAS, due to hurricane damage sustained to the Mobley Building, during June 2005 Hurricane Season, the building now requires various � repairs including interior mold abatement; and WHEREAS, during the May 14, 2007 Meeting, the Board expressed a desire to implement immediate repairs. to the Mobley Building; and WHEREAS, staff has subsequently obtained three individual cost estimates for interior mold remediation of the interior building; and WHEREAS, the cost estimate received from 911 Restoration Inc. in the total amount of $8,290.53 is competitively priced; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, 911. Restoration Inc. has provided substantial listing of references of completed mold remediation projects. NOW THEREFORE BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY; . Section 1. The South Miami Community Redevelopment Agency authorizes the SMCRA Director to enter into contract with 911 Restoration Inc.to provide interior mold remediation services for the SMCRA Mobley Building for a total contracted amount of $8,290.53 and charging the total amount to Account # 610 - 1110- 518 -9932 (Facilities Maintenance, Mobley. Building). Following funding disbursement, the remaining balance in Account # 610- 1110 -518 -9932 will be $271,409.47. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A. Boutsis, Office of General Counsel Nagin Gallop & Figueredo, P.A. 2 day of June, 2007. APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson Wiscombe: Board Member: Palmer Board Member Birts: Board Member Beckman: Board Member Ellis: Board Member: Williams EXHIBIT 1 CONTRACT FOR MOLD REMEDIATION SERVICES THIS CONTRACT is made and entered into as of the day of June, 2007 by and between the South Miami Community Redevelopment Agency ( SMCRA), and 911 Restoration, Inc. (contractor). WHEREAS, the SMCRA desires to engage and retain the services of the contractor to perform the work described in this contract and the contractor desires to accept the engagement. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this contract, and for other. good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows: L WHEREAS CLAUSES. The above whereas clauses, are incorporated and made a part of this contract. II. PURPOSE. The purpose of this contract is for contractor to provide the SMCRA with licensed roof work as provided for on attached Exhibit A. III. WARRANTY. All work performed by the contractor must have a one (1) year warranty from the date of installation. This warranty is to include all parts and labor for all work and /or installations performed by the contractor for the SMCRA. Any worked performed by the contractor which is not to the satisfaction of the SMCRA, must be addressed and corrected within 48 hours of verbal and /or written notice. IV. GENERAL. Contractor shall at all times enforce strict discipline .and good behavior among its employees and shall take all steps necessary to insure that they are familiar with and abide by all safety and other rules. Contractor shall provide competent and adequate installation personnel, and shall assign an experienced supervisor responsible for the property for the duration of the contract. All personnel shall be required to wear clean uniforms while on site, with company emblem for identification. Contractor shall supply all required, Permits, Labor, Materials and equipment necessary for the satisfactory performance of the services listed herein. Contractor shall provide all licenses, permits and insurance necessary to perform the services outlined.. Contractor shall take care to avoid damage to Owner's property, and the property of Owner's tenants, vendors and patrons. Contractor is responsible of the disposal of any debris associated with any work performed'for the SMCRA. V. CHANGE ORDERS/WORK ORDERS. The SMCRA or Contractor, may at any time, upon mutual Contract and by written order, make changes within the general scope of this Contract in the services to be performed.: SMCRA may, from time to time, request changes SMCRA Contractor Page 1 of 6 in the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation,. which are mutually agreed upon between SMCRA and the Contractor shall be incorporated in written amendments to this Contract. If any such changes causes an increase or decrease in the prices charged, the maximum amount of the Contract, or the time required for performance of any part of the work under this Contract, whether or not changed by the order, or otherwise affects the conditions of this Contract, SMCRA shall make an equitable adjustment in the maximum amount, the price(s), the delivery schedule, or other affected terms, and shall modify the Contract with a mutually negotiated written Change Order. VI. PAYMENT ..TERMS. Cost as identified in Exhibit A shall be made to Contractor within 15 days of final inspection and approval of the work by the South Miami Building Department. . VII. TERMINATION FOR CONVENIENCE. The SMCRA may terminate this contract for convenience at any time by giving 15 -days notice in writing to the contractor. The contractor will be paid for the value of services performed pursuant to the schedule contained in the statement of work, up to and including the termination date. Contractor will be permitted to complete on -going investigations and shall be paid for all satisfactory work completed. The SMCRA shall not be liable for future profits or losses. In the event that the SMCRA improperly terminates the contract for default under section VIII, below, the termination shall be deemed a termination for convenience under this section. VIII.. TERMINATION FOR DEFAULT. Either party may terminate this contract prior to the completion of the work on account of a material breach of this contract by the other party, which has not been cured within three days from the date of receipt of written notice of breach from the party seeking termination. Termination shall be effective as of the end of the notice period in the case of any uncured material breach. Contractor may terminate this contract prior to the expiration of the initial term or any subsequent renewal term upon not less than 30 days prior written notice to the SMCRA in the event that contractor is unable to complete the services identified in section II due to causes beyond contractor's control. The SMCRA shall have no liability to the .contractor for future profits or losses in the event of termination for default. The rights and remedies of the SMCRA provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Should contractor provide the SMCRA with written notice of cancellation of contract, contractor will be required to refund a pro -rata share of the compensation identified in section VI. SMCRA Contractor Page 2 of 6 IX. TRANSFER AND ASSIGNMENT.. None of the work or services under this contract shall be subcontracted unless contractor obtains prior-written consent from the SMCRA. Approved subcontractors shall be subject to each provision of this contract and contractor shall be responsible and indemnify the SMCRA for all subcontractors' acts, errors or omissions. The contractor shall not assign, transfer or pledge any interest in this .contract without the prior written consent of the SMCRA; provided, however, that claims for money by the contractor from the SMCRA under this contract may be assigned; transferred or pledged to a bank, trust company, or other financial institution without the SMCRA's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 -days by the contractor to the SMCRA. X. RESERVATION OF RIGHTS. The parties agree that this contract may be amended to modify the scope of services and commitment by contractor to SMCRA , so as to better fulfill the service needs of the SMCRA and. it's properties. No additional consideration will be necessary to amend this contract. XI. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES. The SMCRA does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however; that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. XII. JURISDICTION AND VENUE. For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. XII. INSURANCE AND INDEMNIFICATION. The SMCRA shall not be held liable or responsible for any claims which may result from acts, errors or omissions of the contractor or its subcontractors, suppliers or laborers. In reviewing, approving or rejecting any submissions or acts of the contractor, the SMCRA in no way assumes responsibility or liability for the acts, errors or omissions of the contractor or subcontractors. The contractor shall not commence work under this contract until it has obtained all insurance required by the SMCRA. The contractor shall defend, indemnify and hold the SMCRA harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of a negligent act, error, or omission or misconduct of the contractor, or the contractor's subcontractors, suppliers and laborers incident to the performance of the contractor's services under this contract. The contractor shall pay all claims, losses, fines, penalties, costs and expenses of any nature whatsoever resulting from its intentional misconduct or negligence.. The contractor shall maintain during the tern of this contract the following insurance: A. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000.00 combined single limit per occurrence for bodily injury and.property damage. The policy or SMCRA Contractor Page 3 of 6 policies shall name SMCRA as additional insured and shall reflect the hold harmless provision contained herein. B. Workers' Compensation Insurance in compliance with Chapter 444, Florida Statutes, as presently written or hereafter amended. C. The policies shall contain waiver of subrogation against the SMCRA where applicable and shall expressly provide that the policy or policies are primary over any other insurance that the SMCRA may have. The SMCRA reserves the right to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the SMCRA. D. All of the insurance is to be placed with Best rated A -8 or better insurance companies qualified to do business under the laws of the State of Florida. The contractor shall furnish certificates of insurance to the SMCRA prior to the commencement of operations. The certificates shall clearly indicate that the contractor has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no reduction in limits by endorsement during ' the policy term, or cancellation of this insurance shall .be effective without 30 days prior written notice to the SMCRA. Compliance with the foregoing requirements shall not relieve the contractor of its .liability and obligations under this contract. XIII. COMPLIANCE WITH LAWS. The Contractor shall be responsible for full compliance of the design criteria under section III of this contract. Contractor shall additionally comply with all applicable building codes, state and federal law. Additionally, all work completed shall be permitted. Any deficiencies in the scope of services shall be remedied by the Contractor at the Contractor's sole expense. XIV. LIENS. The Contractor, subcontractors, suppliers and laborers are prohibited from placing a lien on SMCRA's property. XV. SEVERABILITY.. Should any section or any part of any section of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. XVI. NOTICES. All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the contractor -and to the SMCRA specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. SMCRA Contractor Page 4 of 6 XVII. CONTRACTING OFFICER REPRESENTATION. For the purposes of this contract, the contracting officers are, as follows: To the SMCRA: Stephen David, Acting Director 6130 Sunset Drive City of South Miami, FL 33143. To Contractor: 911 Restoration, Inc. 10599 NW 53 Street Sunrise, Florida 33351 Attention: President An individual or delegated committee will be designated to represent the SMCRA in all matters pertaining to the work as it progresses. Interference by unauthorized individuals must be controlled so as no to impede the smooth progress of the work. Painting contractor shall review all'work to be accomplished with project representative to preclude misunderstandings. XVIII. ENTIRE CONTRACT. The contract, when signed by all of the parties, constitutes the. full and complete understanding and contract of all parties and may not be in any manner interpreted. or fulfilled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and• integrates by its terms' all previous contracts or understandings, oral or written, between the parties. In the event of. any conflict, the terms of this contract will govern over -the provisions of any incorporated documents XIX. MISCELLANEOUS PROVISION. In the event a court must interpret any word or provision of this contract, the word or provision shall not be construed against either party by reason of drafting or negotiating,this contract. IN WITNESS WHEREOF the parties have executed this contract on the date indicated above. WITNESSED: WITNESSED: President, 911 Restoration, Inc. By: Stephen David, Acting Director Page 5 of 6 SMCRA Contractor SMCRA ATTEST: APPROVED AS TO FORM: By: Eve A. Boutsis, Nagin Gallop, & Figueredo, Office of General Counsel SMCRA Page 6 of 6 EXHIBIT A 10599 NW 53rd Street, Sunrise, FL 33351 Office: (954) 747 -7000 - Toll Free (888) 243 -6653 - Fax: 954- 748 -3939 www.91IRestoratio'n.com June 2007 I would like to introduce 911 Restoration Service. We are a premier nationwide water damage, mold remediation and air duct cleaning company in business since 1978. Over the years we have built solid relationships with countless businesses and corporations. We would like to introduce you to the services that we offer: • Water & Fire damage 24 hour Emergency Services, 7 days a week. Our fast response promises to minimize loss. We can provide you with restoration instead of reconstruction which saves you money. • Air Duct Cleaning To improve the indoor air quality and enhance the efficiency of the building's heating and cooling systems. • Mold Remediation & Visual Inspection Mold growth may be caused by water damage from a number of sources including but not limited to: leaking roofs, faulty water pipes, or poorly ventilated showers or bathrooms. Prolonged mold exposure may cause allergies, sinus irritation, nasal congestion, as well as rash and fever. • Odor Removal We specialize in odor removal that may be caused by cleaning and sanitizing solutions, or from residual smoke due to fire damage. • Carpet Cleaning We utilize the most advanced carpet cleaning techniques to insure your satisfaction. Our company is dedicated offering you exceptional service, state of the art equipment and the best prices on the market. We look forward to providing any assistance you may require to maintain a healthy environment for your staff and for your clients. For further information please feel free to call me at (954) 747 -7000. Sincerely, Valerie Preston Mercado, Regional Manager ValerieFL@91.lRestoration.com Your Health and Safety is our #1 Priority VrF 911 Restoration, Inc.. 10599 NW 53rd Street Sunrise, FL 33351 (954) 747 -7000 Fax (954)748 -3939 Email: ValerieFL @911 Restoration.com www.911 Restomtion.com Client: City of South Miami Unit A & B Job Site Add: 5825 Sw 68th Street South Miami, FL 33143 Operator Info: Operator: VALERIE Reference: Company: 911 Restoration, Inc. Business: 10599 NW 53rd Street Sunrise, FL 33351 Type of Estimate: Mold Remediation Dates: Date Entered: 06/06/2007 Price List: FLM14B7B Restoration/Service/Remodel Estimate: 2007 -06 -06 -1526 Business: (786) 525 -0742 Business: (954) 747 -7000 911 Restoration will conduct local mold remediation in Units A & B. The affected area shows signs of visible mold. The area will be contained; During the entire process air scrubbers will be used to filter and recycle the air inside the containment area. The containment area will get a chemical wipe down and HEPA vacuumed to.ensure the removal of bacteria and spores. The procedure will require a minimum of 4 days. All work will be performed in accordance with the Institute of Inspection, Cleaning, and Restoration, Standard and Reference Guide for Professional Mold Remediation (11CRC520). The above estimate is for local mold remediation and not for reconstruction. Estimate for reconstruction can be given upon request. In order to prevent any further mold growth, adequate ventilation is recommended and the source of moisture needs to be found and controlled. *Job does not include Reconstruction *Clearance air testing is done at Client's expense by a third party inspection company. Estimated cost for clearance testing is between $400 - $450. Start job'date End job date This agreement is entered on (date), by and between (Owner) and with 911 Restoration, Inc. Your Health and Safety is our #1 Priority •!P�ORA:npt 911 Restoration, Inc. 10599 NW 53rd Street Sunrise, FL 33351 (954) 747 -7000 Fax - (954)748 -3939 Email: ValcrieFL @911 Restoration.com www.911 Restoration.com 2007 -06 -06 -1526 Room: Units A & B DESCRIPTION LxWxFI 184'0" x 5'3" x 810" QNTY UNIT COST TOTAL Containment Barrier /Airlock/Decon. Chamber 966.00 SF @ 0.46 = 444.36 Apply anti - microbial agent . 3,994.00 SF @ 0.18 = 718.92 HEPA Vacuuming - Light - (PER SF) 3,994.00 SF @ 0.27 = 1,078.38 Negative air fan/Air scrubber (24 hr period) - No monit. - 4 units for 3 12.00 DA @ 125.00 = 1,500.00 days Plastic bag - used for disposal of contaminated items 40.00 EA @ 1.30 = 52.00 Add for HEPA filter (for negative air exhaust fan) 3.00 EA @ 136.51 = 409.53 Dehumidifier (per 24 hour period) - Large - No monitoring - 4 units for 8.00 EA @ 95.00 = 760.00 2 days Encapsulation 1.00 EA @ 400.00 = 400.00 Add for personal protective equipment (hazardous cleanup) 10.00 EA @ 9.23 = 92.30 Respirator replacement cartridge 10.00 EA @ 9.55 = 95.50 Remediation Technician - per hour - 1 tech for 24 hours 24.00 HR @ 34.55 = 829.20 Cleaning & Remediation - Supervisory - per hr - 1 for 16 hours 16.00 HR @ 39.14 = 626.24 Tear out infected drywall, cleanup, bag for disposal 1.00 SF @ 765.00 = 765.00 Dump fees - (per ton) 1.00 EA @ 450.00 = 450.00 Adjustments for Base Service Charges Adjustment Cleaning Remediation Technician 69.10 Total Adjustments for Base Service Charges: 69.10 Line Item Totals: 2007 -06 -06 -1526 8,290.53 2007 -06 -06 -1526 06/06/2007 Page: 2 911 Restoration, Inc. ` %•+ r 10599 NW 53rd Street Sunrise; FL 33351 ott�an °� (954) 747 -7000 Fax - (954)748 -3939 Email: ValerieFL @911 Restoration.com www.91IRestoration.com . Grand Tot; 3,028.00 966.00 1,472.00 0.00. 0.00 0.00 0.00 d Areas: SF Walls SF Floor SF Long Wall Floor Area Exterior Wall Area Surface Area Total Ridge Length 2007 -06 -06 -1526 966.00 SF Ceiling 107.33 SY Flooring 42.00 SF Short Wall 0.00 Total Area 0.00 Exterior Perimeter of Walls 0.00 Number of Squares 0.00 Total Hip Length 3,994.00 SF Walls and Ceiling 378.50 LF Floor Perimeter 378.50 LF Ceil. Perimeter 0.00 Interior Wall Area 0.00 Total Perimeter Length 06/06/2007 Page: 3 911 Restoration, Inc: 10599 NW 53rd Street Sunrise, FL 33351 (954) 747 -7000 Fax - (954)748 -3939 Email: ValcricFL @91 1 Restoration.com www.911 Restoiation.com Summary for Mold Remediation Line Item Total 8,221.43 Total Adjustments for Base Service Charges 69.10 Subtotal 8,290.53 Replacement Cost Value 8,290.53 Net Claim 8,290.53 2007 -06 -06 -1526 06/06/2007 Page:4 :7M. 911 Restoration, Inc. 10599 NW 53rd Street Sunrise, FL 33351 (954) 747 -7000 Fax - (954)748 -3939 Email: ValerieFL @911 Restoration.com www.911 Restoration.com Recap by Room Estimate: 2007 -06 -06 -1526 Units A & B 8,221.43 99.17% Subtotal of Areas 8,221.43 99.17% Base Service Charges 69.10 0.83% Total 8,290.53 100.00% 2007 -06 -06 -1526 06/06/2007 Page: 5 911 Restoration, Inc. ��,.. %• 10599 NW 53rd Street Sunrise, FL 33351 'rvsu °? (954) 747 -7000 Fax - (954)748 -3939 Email: ValerieFL @911Restoration.com www.911 Restoration.com Recap by Category O &P Items GENERAL DEMOLITION WATER EXTRACTION & REMEDIATION Subtotal Base Service Charges O &P Items Subtotal Grand Total Total Dollars % 1,215.00 14.66% 7,006.43 $4.51% 8,221.43 99.17% 69.10 0.83% 8,290.53 100.00% 8,290.53 2007 -06 -06 -1526 06/06/2007 Page: 6 ..■ '�I TArO%t 10599 NW 53rd Street, Sunrise, FL 33351 Office: (954) 747 -7000 Toll Free (888) 243 -6653 Fax: 954- 748 -3939 www.91lRestoration.com References Inland Southeast Property. Management 7641 NW 57th Street Tamarac,, FL 33321 954- 554 -8698 Manager at Job Location — Katalin Szakacs (Completed Four Separate Jobs) Mary Helen 7acobs 1094 SE 6" Avenue Dania Beach, FL 33004 954- 558 -4299 Fountains of jacaranda 101 SW 96th Terrace Plantation, FL 33324 Contact- President, Homeowner Association — Irwin Berkowitz 954 -614 -9536 (Completed Three Separate jobs) Fonticiella Construction Corporation 11900 West Flagler Street, Suite #206 Miami; FL.' 33179 Contact = Victor de la Mata 305 - 207 -9605 Job Location — Ft. Lauderdale Housing Authority GLC3, Inc. 923 SW 1491h Way Sunrise, FL 33326 Contact: Cliff Goldman 786 - 268 -2807 Blue Bay Tower Condo 1570 Kennedy Causeway North Bay Village, FL 33141 Contact: Lianet Sado 305- 864 -3777 (Completed Four Separate Jobs) Your Health and Safety is our #1 Priority Elite Restorations s 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 Client: City of South Miami Property: 5825 SW 68th St. Miami, FL 33143 EXHIBIT B Office: (305) 668 -7239 Operator Info: Operator: JOHN Estimator: John Jimenez Business: (954) 964 -2906 Business: 1213 S. 30 Ave Hollywood, FL 33020. Reference: Business: (954) 964 -2906 Company: Elite Restorations Business: 1213 S. 30 Ave Hollywood, FL 33020 Type of Estimate: MOLD Dates: Date Entered: 06/06/2007 Price List: FLMI4B7B Restoration/Service /Remodel Estimate: 2007 -06 -06 -1143 Elite Restorations was called out to create an estimate for the Mold Remidiation of 2 offices offsite for the City of South Miami. Elite Restorations 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 . Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954)9864334 2007 -06 -06 -1143 Bay A Room: Mold Remediation P-Nf DESCRIPTION QNTY REMOVE REPLACE TOTAL Pick -up and delivery of equipment 1.00 EA 0.00 109.82 109.82 Dehumidifier (per 24 hour period) - Large - 20.00 EA 0.00 70.04 1,400.80 No monitoring - (4 machines for 5 days) ; Negative air fan/Air scrubber (24 hr period) 8.00 DA 0.00 72.84 582.72 - No monit. - (2 machine for 4 days) HEPA filter (for negative air exhaust 4.00 EA 0.00 32.14 128.56 fan/air scrubber) Equipment setup, take down, and 1.00 EA 0.00 76.31 76.31 monitoring Equipment decontamination charge - per 3.00 EA 0.00 24.88 74.64 piece of equipment Personal protective gear - respirator, suits, 6.00 EA 0.00 41.00 246.00 etc. (mold cleanup) - (2 men for 3 days) Mold contamination clearance test 1.00 EA 0.00 647.10 647.10 Room Totals: Mold Remediation 3,265.95 T! Room: Entry Office Nr 4 !. 420.58 SF Walls 580.31 SF Walls & Ceiling {� 17.75 SY Flooring •• --'. 51.50 .LF Ceil. Perimeter DESCRIPTION QNTY . REMOVE Remove Light fixture 1.00 EA 7.15 2007 -06 -06 -1143 Ceiling Height: 8'211 159.72 SF Ceiling 159.72 SF Floor 51.50 LF Floor Perimeter REPLACE TOTAL 0.00 7.15 06/07/2007 Page: 2 Elite Restorations 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGCO57725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 DESCRIPTION CONTINUED - Entry Office QNTY REMOVE REPLACE TOTAL Remove Fluorescent light fixture 1.00 EA 11.94 0.00 11.94 Tear out contaminated ceiling the and bag 159.72 SF 0.24 0.00 38.33 for disposal Tear out contaminated drywall, cleanup, .420.58 SF 0.5.1 0.00 214.50 bag for disposal Tear out contaminated trim/base and bag 51.50 LF 0.51 0.00 26.27 for disposal Tear out contaminated non - salvageable 159.72 SF 0.33 0.00 52.71 carpet, cut & bag for disp. Tear out contaminated carpet pad and bag 159.72 SF 0.30 0.00 47.92 for disposal Tear out and bag contaminated insulation 370.01 SF 0.64 0.00 236.81 Remove Suspended ceiling grid - 2' x 4' 159.72 SF 0.17 0.00 27.15 Labor to sand studs, wooden members etc.. 3.50 HR 0.00 38.00 133.00 Labor to clean studs, interior wall areas and 2.75 HR 0.00 38.00 104.50 items HEPA vacuum ceiling, walls, floor etc.. 4.25 HR 0.00 38.00 161.50 Clean and apply disinfectant to ceiling, 2.75 HR 0.00 38.00 104.50 walls, and affected areas Apply ANABEC System (Cleaning 159.72 SF 0.00 1.50 239.58 Solution/Sealant) on exposed surfaces.of room Room Totals: Entry Office 1,405.86 Mhr,t � N T a F-- -s -i Room: Hallway Ceiling Height: 8'21' 161.97 SF Walls 186.47 SF Walls & Ceiling 2.72 SY Flooring 19.83 LF Ceil. Perimeter 24.50 SF Ceiling 24.50 SF Floor 19.83 LF Floor Perimeter 2007 -06 -06 -1143 06/07/2007 Page: 3 Elite Restorations 1213 S. 30 Ave, Holly State License # CGCO wood, FL 33020 Ceiling Height: 8'211 57725 Broward (954) 964 -2906 155.19 SF Walls 22.56 SF Ceiling Dade (305) 623 -5151 177.74 SF Walls & Ceiling' 22.56 SF Floor Fax: (954) 9864334 2.51 SY Flooring 19.00 LF Floor Perimeter DESCRIPTION QNTY REMOVE REPLACE TOTAL Remove Light fixture 1.00 EA 7.15 0.00 7.15 Remove Interior door unit 1.00 EA 16.08 0.00 16.08 Tear out contaminated drywall, cleanup, 186.47 SF 0.51 0.00 95.10 bag for disposal 12.86 0.00 12.86 Remove Sink faucet - Bathroom Tear out contaminated non - salvageable 24.50 SF 0.33 0.00 8.09 carpet, cut & bag for disp. 16.08 0.00 16.08 Remove Interior door unit Tear out contaminated carpet pad and bag 24.50 SF 0.30 0.00 7.35 for disposal 0.51 0.00 79.15 bag for disposal, Tear out and bag contaminated insulation 24.50 SF 0.64 0.00 15.68 Labor to sand studs, wooden members etc.. 2.00 HR 0.00 38.00 76.00 Labor to clean studs, interior wall areas and 1.50 HR 0.00 38.00 57.00 items HEPA vacuum ceiling, walls, floor etc.. 1.75 HR 0.00 38.00 66.50 Clean and apply disinfectant to ceiling, 1.25 HR 0.00 38.00 47.50 walls, and affected areas Apply ANABEC System (Cleaning 24.50 SF 0.00 1.50 36.75 Solution /Sealant) on exposed surfaces of room Room Totals: Hallway. 433.20 Room: Bathroom Ceiling Height: 8'211 155.19 SF Walls 22.56 SF Ceiling 177.74 SF Walls & Ceiling' 22.56 SF Floor 4•� -re• 0 1 2.51 SY Flooring 19.00 LF Floor Perimeter . .H Ilway 19.00 LF Ceil. Perimeter ' DESCRIPTION QNTY REMOVE REPLACE TOTAL Remove Medicine cabinet 1.00 EA 15.44 0.00 15.44 Remove Toilet 1.00 EA 21.44 0.00 21.44 Remove Exhaust fan 1.00 EA 12.86 0.00 12.86 Remove Sink faucet - Bathroom 1.00 EA 16.08 0.00 16.08 Remove Sink - single 1.00 EA 16.08 0.00 16.08 Remove Interior door unit 1.00 EA , 16,08 0.00 16.08 Tear out contaminated drywall, cleanup, 155.19 SF 0.51 0.00 79.15 bag for disposal, 2007 -06 -06 -1143 06/07/2007 Page: 4 Elite Restorations f M 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 BrOward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 CONTINUED - Bathroom DESCRIPTION QNTY REMOVE REPLACE TOTAL Tear out contaminated trim/base and bag 19.00 LF 0.51 0.00 9.69 for disposal 0.00 26.48 79.44 Clean light fixture - fluorescent Tear out and bag contaminated insulation . 38.80 SF 0.64 0.00 24.83 Labor to sand studs, wooden members etc.. 2.00 HR 0.00 38.00 76.00 Labor to clean studs, interior wall areas and 1:50 HR 0.00 38.00 57.00 items 06/07/2007 Page: 5 HEPA vacuum ceiling, walls, floor etc.. 1.75 HR 0.00 38.00 66.50 Clean and apply disinfectant to ceiling, 1.25 HR 0.00 38.00 47.50 walls, and affected areas Apply ANABEC System (Cleaning 22.56 SF 0.00 1.50 33.84 Solution /Sealant) on exposed surfaces of room Room Totals: Bathroom 492.49 Room: Rear Office 1 604.27 SF Walls 889.90 SF Walls & Ceiling 31.74 SY Flooring 75.67 LF Ceil. Perimeter Ceiling Height: 81311 285.63 SF Ceiling 285.63 SF Floor 72.67 LF Floor Perimeter Missing Wall: 1 - 300" X 618" DESCRIPTION Opens into Bay QNTY REMOVE Goes to Floor REPLACE TOTAL Content Manipulation charge - per hour 3.00 HR 0.00 26.48 79.44 Clean light fixture - fluorescent 3.00 EA 0.00 7.75 23.25 Clean file cabinet - two drawer; metal 2.00 EA 0.00 7.96 15.92 Remove Interior door unit 1.00 EA 16.08 0.00 16.08 2007 -06 -06 -1143 06/07/2007 Page: 5 Elite Restorations PE%1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 CONTINUED - Rear Office DESCRIPTION QNTY REMOVE REPLACE TOTAL Clean rods 21.00 EA 0.00 3.87 81.27 Tear out contaminated drywall, cleanup, 151.07 SF 0.51 0.00 77.05 bag for disposal - east wall area 62.00 Tear out contaminated drywall, cleanup, 225.00 SF 0.51 0.00 Labor to sand studs, wooden members etc:. 1.75 HR 0.00 38.00 66.50 Labor to clean studs, interior wall areas and 1.00 HR 0.00 38.00 38.00 items HEPA vacuum ceiling, walls, floor etc.. 3.00 HR 0.00 38.00. 114.00 Clean and apply disinfectant to ceiling, 2.00 HR 0.00 38.00 76.00 walls, and affected areas Apply ANABEC System (Cleaning . 285.63 SF 0.00 1.50 428.45 Solution/Scalant) on exposed surfaces of room Room Totals: Rear Office 1,015.96 KP }7 {err L-"=7=A. 4-uRoom: Bay Ceiling Height: 20' b 2,450.01 SF Walls 657.14 SF Ceiling err -� 3,107.15 SF Walls & Ceiling 657.14 SF Floor 73.02 SY Flooring 120.50 LF Floor Perimeter 123.50 LF Ceil. Perimeter Missing Wall: 1 - 300" X 618" Opens into Rear Office Goes to Floor DESCRIPTION QNTY REMOVE REPLACE TOTAL Clean light fixture - fluorescent 8.O0 EA 0.00 7.75 62.00 Tear out contaminated drywall, cleanup, 225.00 SF 0.51 0.00 114.75 bag for disposal - east wall area HEPA vacuum ceiling, walls, floor etc.. 18.00 HR 0.00 38.00 684.00 2007 -06 -06 -1. 143 06/07/2007 Page: 6 Elite Restorations 1 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax - (954) 9964334 CONTINUED - Bay DESCRIPTION QNTY REMOVE REPLACE TOTAL Clean and apply disinfectant to ceiling, 24.00 HR 0.00 38.00 912.00 walls, and affected areas Apply ANABEC System (Cleaning 657.14 SF 0.00 1.50 985.71 Solution /Sealant) on exposed surfaces of room Room Totals: Bay _ 2,758.46 Room: Backroom Ceiling Height: 9' s" si 669.02 SF Walls 311.33 SF Ceiling 980.35 SF Walls & Ceiling 311.33 SF Floor :a Q " 34.59 SY Flooring 74.34 LF Floor Perimeter 1 I 74.34 LF Ceil. Perimeter DESCRIPTION QNTY REMOVE REPLACE TOTAL Clean light fixture - fluorescent 3.00 EA 0.00 7.75 23.25 HEPA vacuum ceiling, walls, floor etc.. 8.00 HR 0.00 38.00 304.00. Clean and apply disinfectant to ceiling, 10.00 HR 0.00 38.00 380.00 walls, stairs, and affected areas Apply ANABEC System (Cleaning 311.33 SF 0.00 1.50 467.00 Solution/Sealant) on exposed surfaces of room Room Totals: Backroom 1,174.25 Area Items Total: Bay A 10,546.17 Bay A 2nd Fl 2007 -06 -06 -1143 06/07/2007 Page: 7 Elite Restorations 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 r• Room: 2nd Floor 1,103.01 SF Walls T 1,761.26 SF Walls & Ceiling 1 y• 73.14 SY Flooring 140.83 LF Ceil. Perimeter DESCRIPTION QNTY REMOVE Ceiling Height: 7' 10" 658.25 SF Ceiling ' 658.25 SF Floor 140.83 LF Floor Perimeter REPLACE TOTAL Clean light fixture - fluorescent 3.00 EA 0.00 7.75 23.25 Clean register - heat / AC 3.00 EA 0.00 4.80 14.40 Tear out contaminated ceiling tile and bag 64.00 SF 0.24 0.00 15.36 for disposal HEPA vacuum ceiling tiles, walls, floor etc. 11.00 HR '0.00 38.00 418.00 Clean and apply disinfectant to ceiling tiles, 14.00 HR 0.00 38.00 532.00' walls, stairs, and affected areas Clean and deodorize carpet 658.25 SF 0.00 0.30 197.48 Apply ANABEC System (Cleaning 658.25 SF 0.00 1.50 987.38 Solution /Sealant) on exposed surfaces of room Room Totals: 2nd Floor 2,187.87 � -.r� Room: A/C Closet sT 407.27 SF Walls Q 569.59 SF Walls & Ceiling 18.04: SY Flooring 1 52.00 LF Ceil. Perimeter DESCRIPTION Remove Light fixture Clean register - heat / AC Remove Fluorescent light fixture Tear out contaminated ceiling tile and bag for disposal 2007 -06 -06 -1143 QNTY REMOVE Ceiling Height: 7' 10" 162.33 SF Ceiling 162.33 , SF Floor 52.00 LF Floor Perimeter, REPLACE TOTAL 2.00 EA 7.15 0.00 14.30 3.00 EA 0.00 4.80 14.40 1.00 EA 11.94 0.00 11.94 81.16 SF 0.24 0.00 19.48 06/07/2007 Page: 8 I PiqElite Restorations 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 DESCRIPTION CONTINUED - A/C Closet QNTY REMOVE REPLACE . TOTAL Tear out contaminated drywall, cleanup, 203.67 SF 0.51 0.00 103.87 bag for disposal Tear out contaminated non - salvageable 162.33 SF 0.33 0.00 53.57 carpet, cut & bag for disp. Tear out contaminated carpet pad and bag 162.33 SF 0.30 0.00 48.70 for disposal Tear out and bag contaminated insulation 365.99 SF 0.64 0.00 234.23 Labor to sand studs, wooden members etc.. 3.50 HR 0.00 38.00 133.00 Labor to clean studs, interior wall areas and 2.75 HR 0.00 38.00 104.50. items HEPA vacuum ceiling, walls, floor etc.. 5.50 HR 0.00 38.00 209.00 Clean and apply disinfectant to ceiling, 3.50 HR 0.00 38.00 133.00 walls, and affected areas Apply ANABEC System (Cleaning 162.33 SF 0.00 1.50 243.50 Solution /Sealant) on exposed surfaces of room Type III. System Clean - Lennox 1.00 EA 0.00 295.00 295.00 Air Handler, Drain line /Blower wheel assembly /Sanitizing pan and system. Coil Pull - Lennox a/h 1.00 EA 0.00 150.00 150.00 Clean & Sanitize Air Handler Plenums 8.00 LF 0.00 10.00 80.00 Supply air drop - Hepa Vac & Sanitize each 6.00 EA 0.00 .45.00 270.00 drop into associated trunk line Return air drop - Hepa Vac & Sanitize each 1.00 EA 0.00 34.95 34.95 drop into associated trunk line Room Totals: A/C Closet 2,153.44 Area Items Total: Bay A 2nd Fl 4,341.31 Bay B 2007 -06 -06 -1143 06/07/2007 Page: 9 Elite Restorations i 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax - (954)9864334 Room: Bay B s � M DESCRIPTION 3,660.00 SF Walls 5,161.65 SF Walls & Ceiling 166.85 SY Flooring 183.00. LF Ceil. Perimeter QNTY REMOVE Ceiling Height: 20' 1,501.65 SF Ceiling 1,501.65 SF Floor 183.00 LF Floor Perimeter REPLACE TOTAL Content Manipulation charge - per hour 4.00 HR 0.00 26.48 105.92 HEPA vacuum ceiling, walls, floor etc.. 18.00 HR 0.00 38.00 684.00 Clean and apply disinfectant to ceiling, 24.00 HR 0.00 38.00 912.00 walls, and affected areas Apply ANABEC System (Cleaning 1,501.65 SF 0.00 1.50 2,252:48 Solution /Sealant) on exposed surfaces of room Room Totals: Bay B 3,954.40 Room: Bathroom Ceiling Height: 7' T 130.67 SF Walls 21.78 SF Ceiling 152.44 SF Walls & Ceiling 21.78 SF Floor 2.42 SY Flooring 18.67 LF Floor Perimeter 18.67 LF Ceil. Perimeter DESCRIPTION QNTY REMOVE REPLACE TOTAL Remove Light fixture 1.00 EA 7.15 0.00 7.15 Remove Toilet 1.00 EA 21.44 0.00 21.44 Remove Sink faucet - Bathroom 1.00 EA 16.08 0.00 16.08 Remove Sink - single 1.00 EA 16.08 0.00 16.08 Remove Interior door unit 1.00 EA 16.08 , 0.00 16.08 Tear out contaminated drywall, cleanup, 65.33 SF 0.51 0.00 33.32 bag for disposal Tear out contaminated trim/base and bag 18.67 LF 0.51 0.00 9.52 for disposal Labor to sand studs, wooden members etc.. 1.25 HR 0.00 38.00 47.50 2007 -06 -06 -1143 06/07/2007 Page: 10 Elite Restorations t 1213 S.. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9964334 DESCRIPTION CONTINUED - Bathroom QNTY REMOVE REPLACE TOTAL Labor to clean studs, interior wall areas and 1.00 HR 0.00 38.00 38.00 items HEPA vacuum ceiling, walls, floor etc.. 1.75 HR 0.00 38.00 66.50 Clean and apply disinfectant to ceiling, 1.25 HR 0.00 38.00 47.50 walls, and affected areas Apply ANABEC System (Cleaning 21.78 SF 0.00 1.50 32.67 Solution/Sealant) on exposed surfaces of room Remove Paneling - exterior of bathroom 130.67 SF 0.26 0.00 33.97 walls Room Totals: Bathroom 385.81 Area Items Total: Bay B Room: General e-_ P.a N.WlapA 4,340.21 DESCRIPTION QNTY REMOVE REPLACE TOTAL Cartage - Carry debris outside to curbside 2.00 HR 28.00 0.00 56.00 or dumpster Dumpster load - Approx. 30 yards, 5 -7 tons 1.00 EA 456.41 0.00 456.41 of debris Room Totals: General 512.41. Line Item.Totals: 2007 -06 -06 -1143 .19,740.10 2007 -06 -06 -1143 06/07/2007 Page: 11 Elite Restorations 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 Grand Total Areas: 9,762.25 SF Walls 3,804.87 SF Ceiling 3,804.87 SF Floor 422.76 SY Flooring 0.00 SF Long Wall 0.00 . SF Short Wall 3,804.87 Floor Area 4,019.53 Total Area 7,029.03 Exterior Wall Area 524.83 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Ridge Length 0.00 Total Hip Length 13,567.12 SF Walls and Ceiling 752.34 LF Floor Perimeter 758.34 LF Ceil. Perimeter 9,761.99 Interior Wall Area 0.00 Total Perimeter Length 2007 -06 -06 -1143 06/07/2007 Page: 12 Elite Restorations 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 13roward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 Line. Item Total Material Sales Tax Subtotal Replacement Cost Value Net Claim Summary for MOLD @ 7.000% x 1,029.28 John Jimenez 19,740.10 72.05 19,812.15 19,812.15 19,812.15 2007 -06 -06 -1143 06/07/2007 Page: 13 Elite Restorations 1213 S. 30 Ave, Hollywood, FL 33020 State License # CGC057725 Broward (954) 964 -2906 Dade (305) 623 -5151 Fax: (954) 9864334 Recap by Room Estimate: 2007 -06 -06 -1143 Area: Bay A Mold Remediation 3,265.95 16.54% Entry.Office 1,405.86 7.12% Hallway 433.20 2.19% Bathroom 492.49 2.49% Rear Office 1,015.96 5.15% Bay 2,758.46 13.97% Backroom 1,174.25 5.95% Area Subtotal: Bay A 10,546.17 , 53.43% Area: Bay A 2nd Fl 2nd Floor 2,187.87 11.08% A/C Closet 2,153.44 10.91% Area Subtotal: Bay A 2nd Fl 4,341.31 21.99% Area: Bay B Bay B 3,954.40 20.03% Bathroom 385.81 1.95% Area Subtotal: Bay B 4,340.21 21.99% General 512.41 2.60% Subtotal of Areas 19,740.10 100.00% Total 19,740.10 100.00% 2007 =06 -06 -1143 06/07/2007 Page: 14 l Fire & Water - Cleanup & RestoratlonT"' Loss Information City of South Miami Anita Parker 5800 SW 66St South Miami, FL 33143 . Home:. (305) 568.7239 Work: Type: Mold Cause: Roof Leak Claim #: Policy M Loss Statistics FNOL Date: 512412007 Loss Date: 5/2412007 Company: Self Pay Agent: sfCeiling Adjustor. . 0100 Estimator: Jose Rosario EXHIBIT C, Servpro of South Miami 13416 SW 131st Street Miami, FL 33186 Phone (305) 269-8900 Fax (305) 278.1470 pkcrley@servproS135.com Tax ID 200931693 Job Calculations Room Offset Missing Totals sfCeiling 2,300.00 0100 0.00 2,300.00 sfFloor 2,300.00' 0.00. 0.00 2,300.00 sM'alls 5,840.00 0.00 0.00 5,840.00 Description Quantity UOM Unit Price Total Tax O/P 1 Supply Materials 1.00 JOB $150.00 $150.00 Mold Remediation 2 Rental Equipment 3,00 ,EA •$211.31 $633.93 Scaffolding 3 Setup & Take down Equipment 2.00 HR $51.98 $103.96 4 Health & Safety Personal Protective Equip. 2.00 SET 5211.33 $422.66 (Note: Each SET must be change and replace every time it is compromised or removed. 2 SETS are normally wom by each technician per day.) " 30.19 Each Technician per SET. Times 7 Technians = 211.33 Total SETS. 5 Ind car Air Quality PPE Respirator Full Face 3.00 DAY $257.25 $771.75 ' 36.75 Each Technician per Day. Times 7 Technicians= 257.25per Day. 6 Disposal Durnpster, 40 YD 2.00 LD $981.75 $1,963.50 7 General, Structure Labor 24.00 HR $35.70 $856.80 ' 35.70 Each Technician per Hour. Times 3 Techs = 107.10 Per Hour. 8 Fuel Service Generator, Diesel 600.00 JOB $3.45 $2,070,00 9 Decontamination and Maintenace, Tools & Equipment 8.00 HR $39.50 $316.00. 10 Rental large Industrial Generator 5.00 DAY $369.00 $1,845.00 11 On Site Supervision Labor 30.00 HR $78.75 $2,362.50 City of South Miami Independently Owned and Operated By Anita Parker Restoration Management, Inc. Friday, May 25, 2007 Pagel of 4 (c) SERVPRO© Intellectual Property, Inc. 11:17 AM Z'd 0L1VV9LZ-906 0LVL-9LZ 906 adrueS e06 : LO 9Z AeW City of South Miami Independently Owned and Operated By Anita Parker Restoration Management, Inc. Friday, May 25, 2007 Pago 2 of 4 (c) SERVPRde Intellectual Property, Inc. 11:18 AM s, d n1t L- R17. -Gn9 OL'e6-9LZ 90E 0jdAieS 13ML L L0 9Z ABW Mitigation: $4,878,94 Structure: S9,133.60 Remediatom are faced with conditions that present challenges to the work Restoration: $6,617.16 Contents: $2,362.50 process, producing limitations, complications, complexitiesor conflicts. It Replacement: $0.00 Total: $11,496.10 Is highly recommended thatthe customer or representative has a thorough understanding of these Issues and communicate to appropriate parties. Once remedlation process begins, access to the work areas will be limited or prohibited at key stages of the remedlation process. It Is importantthat the customer follows our recommendations to prevent accidents or exposure to hazardous conditions. Although Servpro is a certified restoration company, specialized contractors may be required to complete other phases or tasks presented during the remedlation process. We will inform the customer when and why a separate vendor must be contacted. Contents must be removed from the work area prior to start. Articles of clothing, fabrics, and linens In the affected area should be professionally cleaned. Client must remove personal Items, collectibles, or expensive items. Items displaying visual mold contamination such as paper Items, fabrics, and often furniture must be removed and properly handled or disposed, Servpro can dispose of any items with visual mold contamination (such as paper Items, books, fabrics, and furniture) upon customer's request Authorization by client will be required and a price for services will be provided before any action Is taken. Warehouse One Calculations Room Offset 'Missing Totals Box sfCeiling 1,150,00 0.00 0.00 1,150.00 Length: 50R 0 I sfFloor 1,150.00 0.00 0.00 1,150.00 Width: 23 ft 0 in sfWalts 2,920.00 0.00 0.00 2,920.00 Height: 20 ft 0 in Description Quantity UOM Unit Price Total Tax O!P 12 Indoor Air Quality Air Scrubbers, 750> efm 5.00 DAY $315.00 $1,575.00 " 157.50 Each Art Scrubber per Day. Time 2 Air Scrubbers= 315.00 Per Day. 13 Hepa Filter ChangelReplaco Air Scrubber, Negative Air(S) 2.00 EA $278.25 $556.50 14 Lay Flat Ducting Air Scrubber, Negative Air(S) 15.00 LF $1.21 518.15 15 Pre Filter Change /Replace Air Scrubber. Negative Alr(S) 4.00 EA S30.19 $120.76 16 Ring Panel Filter Change /Replace Air Scrubber, Negative AVIS) 4,00 EA S3622 $144.88 ; 17 Disposal Debris 4.00 HR S36.78 $147,12 ' ' Remove & Dispose of Contents 18 Remove Ceiling -Biohazard 1133,00 SF $1.97 $2,232.01 19 Hepa Vacuum Ceiling - Biohazard 1150.OD SF $0.45 $517,50 20 EPA Reg. Disinfectant Celling - Biehazard 1150.00 SF $0.78 $897,00 21 Remove Wall - Biohazard 12729.00 SF $0.52 $6,619.08 22 Hepa Vacuum Wan - Biohazard 2920.00 SF $0.45 $1,314.00 23 EPA Reg. D isinfeetvnt Wall - Biohazard 2920,00 SF $0.39 $1,138.80 24 Remove /Cut & Bag Carpet- Biohazard 400.00 SF $0.33 $132,00 25 Remove Pad - Biohazard 400.00 , SF $0.54 $216,00 26 EPA Reg, Disinfectant Floor- 81ohazard 1150,00 , SF $0.56 $644.00 27 Hepa Vacuum Floor- Biohazard 1150,00 SF $OAS $517.50 City of South Miami Independently Owned and Operated By Anita Parker Restoration Management, Inc. Friday, May 25, 2007 Pago 2 of 4 (c) SERVPRde Intellectual Property, Inc. 11:18 AM s, d n1t L- R17. -Gn9 OL'e6-9LZ 90E 0jdAieS 13ML L L0 9Z ABW City of South Miami Anita Parker Page 3 of 4 Independently Owned and Operated By Restoration Management, Inc. (c) SERVPROP Intellectual Property, Inc, Friday, May 25, 2007 11:18 AM t, *d - - OLt,L-W-90£ • . OLtr6-eLZ 500 O.IdAieS L4646 LO 9Z AeW $16,790.30 $14,298.42 Structure Mitigation: Restoration: $2,493.88 Contents: $0.00 Replacement: $0.00 Total: $16,790.30 Warehouse Two Calculations Room Offset Missing Totals Box sfCeiling 1,150.00 0.00 0.00. 1,150.00 Length: 5011 Din sfFloor 1,150.00 0.00. 0,00 1,150.00 Width: 23 ft 0 in sfV'lalls 2,920.00 0.00 0.00 2,920,00 Height: 20 it 0 in Description Quantity UOM Unit Price Total Tax DIP 28 Indoor Air Quality Air Scrubbers, 750> crm 5.00 DAY $315.00 $1,575.00 ' 157,50 Each Air Scrubber per Day. Times 2 Air Scrubbers = 31x00 per Day. 29 Hepa Filter ChangelReplace Air Scrubber, Negative Air(S) 2.00 EA $278.25 5556.50 30 Lay Flat Ducting Air Scrubber, Negative Air(S) 15.00 LF $1.21 S18.15 31 Pre Filter Change/Replaco Air Scrubber, Negative Air(S) 2.00 Fro $30.19 560.38 32 Ring Panel Filter Change/Replace Air Scrubber, Negative Air(S) 2.00 EA $36.22 57244 33 Disposal Debris 2.00. HR $36.78 S73.56 34 Hepa Vacuum Ceiling - Biohazard 1150.00 SF $0.45 $517.50 35 EPA Reg. Disinfectant Ceiling - Biohazard 1150.00 SF $0.78 $897.00 .36 HepaVacuumWalt - Biohazard 2920.00 S= $0.45 $1,314.00 37 EPA Reg, Disinfectant Wall - Biohazard 2920.00 SF $0.39 51,138.80 38 EPA Reg. Disinfectant Floor- Biohazard 1150.00 SF $0.56 $644.00 39 Hepa Vacuum Floor - Biohazard 1150.00 SF $0.45 $517.50' _- Mitigation: $4,563.39 Structure $7,384.83 Restoration: $2,421.44 Contents: $0.00 Replacement: SO100 Total: $7,384.83 City of South Miami Anita Parker Page 3 of 4 Independently Owned and Operated By Restoration Management, Inc. (c) SERVPROP Intellectual Property, Inc, Friday, May 25, 2007 11:18 AM t, *d - - OLt,L-W-90£ • . OLtr6-eLZ 500 O.IdAieS L4646 LO 9Z AeW City of South Miami Anita Parker Page 4 of 4 9'd Summary Totals Structure:. $33,308.73 Contents: x2,36250 SIC Total: $35,671.23 Overhead: $0.00 Profit $0.00 O/P Total: $0.00 Non Taxable: $35,671.23 Taxable: $0,00 Sub Total: $35,671.23 . 0.00 % Sates Tax: $0,00 Total: $35,671.23 Deductible NOT COLLECTED: Independently Owned and Operated By Restoration Management, Inc. (c) SERVPROP intellectual Property, Inc. OL��-8LZ-908 Friday, May 25, 2007 11:18 AM OL17I-8LZ 9C)e o.tdmaS , 1464L LO 9Z LUW 1III''. MCRA 1001 Making our Neighborhood o Great Place to Liv_ Work and Play' To: Honorable Chair and SMCRA Board Meml From: Stephen D id Acting D' ecto Date: June 11, 2006 ITEM No. A UTHORIZATION TO EXECUTE C O M M UNI T Y D E i �E L O P M E N T BLOCK GRANT CONTRA CTAND ALL ANCILLARYDOCUMENTS A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO ECONOMIC DEVELOPMENT; AUTHORIZING THE SMCRA DIRECTOR TO EXECUTE A COMMUNITY DEVELOPMENT BLOCK, GRANT. (CDBG) CONTRACT INCLUDING ALL ANCILLARY DOCUMENTS REQUIRED BY MIAMI -DADE COUNTY FOR GRANT FUNDING IN THE TOTAL AMOUNT OF $394,000 FOR LAND ACQUISITION AND DEVELOPMENT COSTS ASSOCIATED WITH THE' MADISON SQUARE PROJECT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the August 8, 2005 Meeting, the Board approved Resolution #31-05-178 authorizing the South Miami Community Action Agency (CAA) and the SMCRA to develop a cooperative strategy for implementing the Madison Square Project (See Exhibit A). The Community Action Agency functions as a Citizen's Advisory Board for Miami -Dade County. The mission of the Community Action Agency is to solicit community input from SMCRA residents. Beginning in FY 2004, the Community Action Agency has recommended that annual Community Development Block Grant (CDBG) funding be disbursed to the SMCRA to assist in developing the Madison Square Project. The Community Action Agency has set -aside annul funding in the following amounts: 2004 - 2005 - .2006 - > 2007 - $100,000 $94,000 $100,000 $100,000 Of the total CAA funding allocation of $394,000, $294,000 has been specifically set -aside for land acquisition and the remaining.$ 100,000 has been set -aside for other project development costs. As a condition of accepting the CDBG funding, Miami -Dade County requires execution of the following agreements which have been attached in substantial form: . ➢ HUD Required Community. Development Block Grant Contract (Exhibit B) ➢ Development Agreement (Exhibit C) > Mortgage Agreement (Exhibit D) ➢ Promissory Note (Exhibit E) The material terms contained the above referenced agreements include the following terms: ➢ The SMCRA shall. develop the Madison Square Project and complete construction within three (3) years of the date of the execution of this Agreement; Z The SMCRA shall create and retain at least nine (9) full -time permanent jobs within the commercial /retail component of .the Project for low- and moderate - income persons; S The SMCRA shall provide employment opportunities for low and moderate income persons through businesses locating within the Project, including providing. clear opportunities for promotion and economic advancement. 'The SMCRA shall ensure that a minimum of thirty (30) housing units be rented and/or sold as affordable housing to persons of low or moderate income Approval of the attached resolution shall authorize the SMCRA Director and SMCRA Chair to execute the attached CDBG contract and all ancillary documents required by Miami -Dade County to receive CBDG funding in the total amount of $394,000. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director and SMCRA Chair to execute the attached CDBG contract and all ancillary documents required by Miami -Dade County to receive CDBG funding in the amount of $394,000. Attachments: CAA/SMCRA Joint Cooperation Resolution CDBG Contract (In Substantial Form) Draft Development Agreement (In Substantial Form) Draft Mortgage Agreement (In Substantial Form) Draft Promissory Note (in Substantial Form) SD /MCGRUFFIPLANNINGIC R A\Authorization to Execute CDBG Grant Contract and Ancillary Documents.doc 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 5 REDEVELOPMENT AGENCY ( SMCRA) RELATING TO 6 ECONOMIC DEVELOPMENT; AUTHORIZING THE SMCRA 7 DIRECTOR TO EXECUTE A COMMUNITY DEVELOPMENT 8 BLOCK GRANT (CDBG) " CONTRACT INCLUDING ALL 9 ANCILLARY DOCUMENTS REQUIRED BY. MIAMI -DADE , 10 COUNTY FOR GRANT FUNDING IN THE TOTAL AMOUNT 11 OF $3949000. FOR LAND ACQUISITION AND 12 DEVELOPMENT COSTS ASSOCIATED WITH THE 13 MADISON SQUARE PROJECT; AND PROVIDING AN, 14 EFFECTIVE DATE. 15 16 17 WHEREAS, during -the August 8, 2005 Meeting, the Board approved 18 Resolution #31 -05 -178 authorizing the South Miami Community Action Agency 19 (CAA) and the SMCRA to develop a cooperative strategy for implementing the 20 Madison,Square Project; and 21 22 WHEREAS, the Community Action Agency functions. as a Citizen's 23 Advisory Board for Miami -Dade County for the purpose of soliciting community 24 input from SMCRA residents; and 25. 26 WHEREAS, beginning in FY 2004, the Community Action Agency has . 27 recommended that annual Community Development Block Grant (CDBG) funding 28 be disbursed to the SMCRA to assist in developing the Madison Square Project; 29 and 30 31 WHEREAS, the following annual CDBG funding amounts have been 32 allocated by Community Action Agency for use by the SMCRA in implementing the Madison Square Project: 35 ➢ 2004 $100;000 36 ➢ 2005 - $94,000 37 ➢ 2006 - $100,000 38 ➢ 2007 - $100,000; and 39 40 WHEREAS, of the total .grant amount of $394,000, $294,000 has been 41 allocated for land acquisition and remaining $100,000. has been allocated for 42 other related project development costs; and 43 44 WHEREAS, as a condition of the SMCRA accepting the CDBG funding,. 45 Miami -Dade County requires execution of the following attached agreements: 46 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ➢ HUD Required Community Development Block Grant Contract. (Exhibit B) ➢ Development Agreement (Exhibit C) ➢ Mortgage Agreement (Exhibit D) ➢ Promissory Note (Exhibit E) WHEREAS, the SMCRA Board desires to enter into contract with Miami - Dade to secure grant funding in the maximum amount of $394,000 and to accomplish the objectives as outlined in the scope of service of the contract with Miami - Dade County. NOW THEREFORE BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY; Section 1. The South Miami Community Redevelopment Agency Board approves the Miami -Dade CDBG contract and ancillary. documents .attached as Exhibits B, C, D and E for the maximum amount of $394,000 for the provision of land acquisition and other construction costs and authorizes the SMCRA Director and SMCRA Chair to execute the attached agreements attached as Exhibits B, C, D and E required by Miami -Dade County in order. to receive CDBG funding in the total amount of $394,000. Section 2. Of the total grant funding amount, $294,000 shall be utilized for land acquisition of properties required to develop the Madison Square Project. Section 3. Of the total grant funding amount, $100,000 shall be-utilized for other related development costs associated with developing the Madison Square Project Section 4. This resolution shall take effect immediately upon approval. . PASSED AND ADOPTED this ATTEST: City of South Miami Community Redevelopment Agency Clerk 2 day of June, 2007. APPROVED: Chairperson Horace Feliu 3 2 Board Vote: 3 Chairperson Feliu: 4 Vice Chairperson Wiscombe: 5 READ AND APPROVED AS TO FORM: Board Member: Palmer 6 Board Member Birts: 7 Board Member Beckman: 8. Board Member Ellis: 9 Board Member: Williams 10 Eve A. Boutsis, Office of 11 General Counsel 12 Nagiri Gallop & Figueredo, P.A. 3 EXHIBIT A RESOLUTION NO. CRA 31 -05 -178 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY ADVISORY - COMMITTEE OF THE . MIAMI -DADE COMMUNITY ACTION AGENCY AND THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO THE IMPLEMENTATION OF THE-MADISON SQUARE MIXED USE PROJECT WHEREAS, the South Miami Community Advisory Committee (CAC) of the Miami -Dade Community Action Agency and South Miami Community Redevelopment Agency ( SMCRA) have a stated goal of implementing a mixed use project commonly known as Madison Square in the South Miami Community Redevelopment Area; and WHEREAS, the CAC and the SMCRA have both allocated funding toward the implementation of the Madison Square Project; and WHEREAS, the projected cost of implementing the Madison Square Project will require resources that exceed either agency's current available funding; and WHEREAS, the CAC and' SMCRA desire to cooperate with implementing the Madison Square Project NOW, THEREFORE BE IT RESOLVED BY SOUTH MIAMI COMMUNITY ADVISORY COMMITTEE OF THE MIAMI -DADE COMMUNITY ACTION AGENCY AND THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY THAT: Section 1. The Community Advisory Committee and the South Miami Community Redevelopment Agency authorize their respective staffs to develop a cooperative strategy including a program of responsibility and timeline for implementing the Madison Square Project. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8"' day of August, 2005. ATTEST: APPROVED: f CRA 31 -05 -178 • (2) READ AND APPROVED AS TO FORM: Board Vote: 6 -1 Chairperson Russell: Yea Vice Chairperson Palmer: Yea Board Member Wiscombe: Yea Board Member Birts- Cooper: Yea Board Member Sherar: Nay Board Member. Price: Yea, Board Member Cobb: Yea i COUNTY � ' ADA Coordination Agenda Coordination Animal Services Art in Public Places Audit and Management Services . Aviation Building Building Code Compliance Business Development Capital Improvements Citizens' Independent Transportation Trust Commission on Ethics and Public Trust Communications Community Action Agency Community & Economic Development Community Relations Consumer Services Corrections & Rehabilitation Cultural Affairs Elections Emergency Management Employee Relations Empowerment Trust Enterprise Technology Services Environmental Resources Management Fair Employment Practices Finance Fire Rescue General Services Administration Historic Preservation Homeless Trust Housing Agency Housing Finance Authority Human Services Independent Review Panel International Trade Consortium juvenile Services Medical Examiner Metro -Miami Action Plan Metropolitan Planning Organization Park and Recreation Planning and Zoning Police Procurement Management Property Appraisal Public Library System Public Works Safe Neighborhood Parks Seaport Solid Waste Management Strategic Business Management Team Metro Transit Task Force on Urban Economic Revitalization Vizcaya Museum And Gardens Water & Sewer Community & Economic Development 140 West Flagler Street • Suite 1000 Miami, Florida 33130 T 305 -375 -3422 F 305- 375 -3428 May 31, 2007 Mr. Stephen David Acting Director The South Miami Community Redevelopment Agency Foundation; Inc. 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. David: Re: FY 2006 -2008 CDBG Contract -- $ 394,000 miamidade.gov :-EXHIBIT B This letter accompanies the FY 2006 -2008 Community Development Block Grant (CDBG) contract between your agency and Miami -Dade County. That agreement covers the $394,000 award that the Board of County Commissioners approved for your agency's Madison Square /South Miami Strip Mall Project. That allocation includes $100,000 awarded though Resolution R -41 -07 on January 25, 2007. Two individuals authorized legally by your agency's Board must sign and date all seven counterparts and the Certification Regarding Lobbying form included in each contract. Do not date the sentence that begins "IN WITNESS THEREOF, . the parties hereto..." This will be completed by OCED. Your organization's corporate seal must be affixed to all copies returned to OCED. You must return six of the seven contract copies to your current contracts officer, Jonathan Johnston by June 12, 2007, the day after your Board meeting. Please ensure that you meet that deadline to prevent any delays in the execution of your agency's agreement or the processing of payments for the expenditures of your projects'. Also note that to enable the County to release the funds for the grant award, your agency must still provide all of the required documents for the $394,000 award. Please submit those documents along with the signed agreements to our office on June 12, 2007. Mr. Stephen David Page 2 The following items contain the federal and OCED regulations, policies, and procedures that apply to your agency's agreement: X Contract Compliance Manual X OMB A -122 X Revised CDBG Regulations (24 CFR Part 570) TOMB A -133 - X OMB A -110 X F.S. 607.124 Please contact Jonathan Johnston, at (305) 375 -3447 if you have any questions regarding the agreements or the project's budget. Sincer ly, AFeli a M. Ri va r o, I S ervisor Contracts Monitoring and Management Section Copies: Jose Cintron, Director Zafar Ahmed, Director, Community Development Division CDBG FY 2007 Non- Profit FY 2007 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI -DADE COUNTY AND THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOUNDATION, INC This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and The South � Miami Community Redevelopment Agency Foundation, Inc., a Florida nonprofit organization, hereinafter referred to as the "Awardee ". The parties agree: I. Definitions OCED Office of Community and Economic _Development or its successor Department 24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant Community Development A local agency that is organized to meet community Corporation development needs with particular emphasis on the economic development, housing and revitalization needs * of low -and moderate- income area residents and which is receptive to the needs expressed by the community. A member of low -and moderate= income family i.e., a family Low- and Moderate - Income whose income is within specified income limits set forth by Person U.S. HUD. Any and all books, records, documents, information, data, Contract Records papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by 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. 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. Federal Award Awardee Recipient of CDBG funds from Miami Dade County. Subcontractor Any individual or fine hired on a contractual basis by the Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "A) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee. Il. The Awardee Agrees: A. The Awardee shall carry out the activities specified in Attachment A, :'Scope of Services," in the County or the focus area(s) of Dade. B. ldemnification and Insurance Requirements The Awardee shall comply with the idemnification and insurance requirements outlined in Attachment B -1 of this agreement. All certificates and • insurance updates must identify the names of the Awardee and the activity being funded through this agreement. AWARDEE LIABILITY OBLIGATION Compliance with the requirements in Attachment B -1 shall not relieve the Awardee of his liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County ,Commissioners' approval. If the Insurance Certificate is received within the specified period, but not in the manner prescribed in these requirements, the Awardee shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Awardee fails. to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the Awardee shall be in default of the terms and conditions of the contract. The Awardee shall submit all required insurance documents to the Office of Community Development, 140 West Flagler, 10th Floor, Suite 1000, Miami, FL 33130. Any changes to the required insurance policies, including coverage renewals, must be submitted to OCED through a formal notice immediately upon occurrence throughout the contract period. 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 contract period, including any and all option years, if applicable. In. the case of construction and major rehabilitation activities, the Contractor must have the coverage cited in Attachment B -1 of this agreement at the time that it begins construction on the project. If the. insurance certificates are scheduled to expire during the contract 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 contract period, the County shall suspend the contract 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 contract for cause. Prior to execution of the contract 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 contract. C. Indemnification 2 The Awardees 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. The provisions of this section survive the termination or expiration of this agreement. D. Documents The Awardee shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency'as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. 1. Certificates of Insurance - original to be received by OCED within the first month of this contract period, and submitted with each payment request, including any renewals, prior to payments made by the County. 2. Progress Reports a. The Awardee shall'submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Awardee.in achieving each of the objectives and action steps. identified in Attachment A, "Scope of Services." The Awardee shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 10, 2007, July 10, 2007, October' 10, 2007,January 10, 2008, April 10, 2008, July 10, 20080 October 10, 2008 and January 15, 2009. 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 contract, Miami -Dade County Resolution No. 163493 will apply to this contract. This resolution requires the selected Awardees to file quarterly reports as to the amount of contract 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. 3 The Awardee shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form:. Section I - 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. Section II - Fiscal 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 shalt report on Program Income Usage for each contracted activity. Section III - Contract and Subcontract Activity Report: Contract and Subcontract Activity Report (First and Third Quarter Progress Report) - The Awardee shall report to OCED 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 OCED no later than April 10, 2007, October 10, 2007, April 10, 2008 and October 10, 2008. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to OCED, 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 OCED no later than April,10, 2007, October 10, 2007, April 10, 2008 and October 10, 2008. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the County, 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 Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this 4 Contract by giving five days written notice of such action to be taken. 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 DA. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business 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 11, Paragraph D.2.a and Paragraph D.3. 3. Annual Report (Fourth Quarter Progress Report) -The Awardee shall submit a 'cumulative status report (hereinafter referred, to as "Annual Report") using the "Progress Report" specified in Section 11, Paragraph D.2.a. above, which shall describe the progress made by the Awardee in achieving each of the objectives identified in Attachment A during the previous year. The first "Annual Report" must cover.the CDBG fiscal year of'January 1, 2007 through December 31, 2007 and shall be received by OCED no later than January 15, 2008. The final annual report must cover the entire grant period of January 1, 2007 through December 31, 2008 and shall be received by OCED by January16, 2009. 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 contract, shall submit information detailing the location of each site for which a Site Environmental Conditions Statement, will be prepared as described in Article 11, Section E.5. of this contract as set forth below. The Environmental Review is to be prepared on information contained in Attachment D, "Information for Environmental Review Form." Notwithstanding anv provision of this _Agr_eementLtheparties 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 Housingand Urban Development under 24 CFR Part 58. The parties further agree that the provision of anv funds to the project is conditioned on the County's determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. 5. Audit Report -'The Awardee shall submit to OCED an annual audit report in triplicate as required by Section II, Paragraph K of this contract, 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. 6. Personnel Policies_ and Administrative Procedures - The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure, property management and procurement policies . and procedures, personnel management, accounting policies and procedures, etc. Such information shall be submitted to OCED within 30 days of the execution of this contract. 7. Inventory Report. - The Awardee shall report annually all nonexpendable personal .and. real property purchased with. CDBG funds from this and 5 previous agreements with the County as specified in Section 11, Paragraph T of this contract. 8. Affirmative Action Plan The Awardee shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. Participation in the CDBG Program 1. The Awardee shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: a. To benefit low -and moderate - income persons; b. To aid in the prevention or elimination of slums or blight; C. To meet community development needs having a particular urgency. 2. For activities designed to meet the national objective of benefit to low -and moderate- income persons, the Awardee shall ensure and maintain documentation that conclusively demonstrates that. each activity assisted in whole or in part with CDBG funds is an activity which provides benefit,to no less than 51% of low -and moderate- income persons. 3. 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 Q). 4. 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, 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. 5. 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, OCED'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. 6. The Awardee shall cooperate with OCED 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 contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, _ upon the request of the citizen participation officers, OCED, or the County. 7. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including 6 the appropriate area committees, of the activities of the Awardee in adhering to.the provisions of this contract. Representatives of the Awardee shall . attend meetings . ,of, the appropriate committees and . citizen participation structures, upon the request of the citizen participation officers, OCED, or.the County. 8. 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 Urban Development Division of OCED 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 OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 9. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, • no later than 30 days after completion of the coursework. This requirement may be. waived, in the sole discretion of OCED, . for Awardees ' who demonstrate knowledge of real estate development and organizational management theory. OCED shall consider such waiver upon receipt of the written request by the Awardee. 10. 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 his compliance- with the national objective, and OCED will have the right to monitor the activity. 11. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502 F. 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 OCED if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee 7 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 11, Paragraph F.I. and F.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 r to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. G. Federal, State, and County Laws and Regulations 1. 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 OCED's Contract Compliance Manual, which are incorporated herein by reference,. receipt of which is hereby acknowledged, and as they may be revised. 2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; 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 Provider also agrees to comply with the Domestic Violence Leave codified as 11A -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 Provider. 3. If the amount payable to the Awardee pursuant to the terms of this contract 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. 1857 h), 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 (40 CFR Part 15); and Executive Order 11738. 4. 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 OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the r 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. 6. 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 County's Department of Business Development. Said firms must also submit, as a part of their proposals /bids to be, filed with the Clerk of the Board,. an appropriately . completed and signed Affirmative Action Plan /Procurement Policy Affidavit.' Finns 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 Department of Business Development. Finns 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 Manager for award by the Board of County Commissioners. 7. 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. 8. 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- 8.10) of the Miami -Dade County Code (Form A -12)._ 9. 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 9 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 provided. in 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 regarding the list are false, this contract shall be terminated on the discretion of Miami -Dade County. Further, should the Awardee be placed on the list at any time during 'this contract Miami -Dade County shall have the right to terminate this agreement 10. 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 Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit " 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even 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 611 including Title I, Employment; Title 11, Public Services; Title 111, Public 10 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. H. , Conflicts with Applicable Laws If any provision of this contract 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 contract, as modified; shall continue and all other provisions of this contract shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. Board of Directors If the Awardee is a Community Development Corporation (CDC), OCED 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. J. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted .in Section' IV, Paragraph K of this contract, 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; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1999; and other related acts, as applicable. 4. Submit to OCED for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. . 5. Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation. 6. Contact the OCED representative noted in Section IV, Paragraph K, prior to scheduling a pre- construction conference. In accordance with industry standards, OCED will hold 10 % of the total-grant award as .a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. 7. The County shall have the. right to assign the Community Builders Division of the Office of Community and Economic 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 will. result in a reduction of a maximum of 5 % of the agreement's award to cover the cost of the technical 11 assistance: The Awardee shall cooperate and comply with all requests made by the Community Builders Division of the Office of Community and Economic Development. 8. Execute a restrictive covenant with Miami -Dade County for the grant award and the use of the land to ensure its use as a CDBG project site as defined and described in Attachment 'W' of this agreement. K. Audits and Records 1. Nonprofit organizations that expend $500,000 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 $500,000 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 organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). Such agencies that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that'describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountant's (1) expression of limited 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). 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 contract 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 OCED no' later than six months following the end of the Awardee's fiscal year. 4. If an audit is required, by Paragraph K of this contract, 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 OCED - 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 contract 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 contract. A copy. of ;the. audit report in triplicate must be received by OCED no later than six months following each audit period. 12 5. The Awardee shall maintain all Contract Records in accordance with generally accepted 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 contract. 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 contract. 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 OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by OCED, each of the record- keeping and audit requirements detailed in this contract. OCED 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 three 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 OCED. The auditors must submit the audit report to OCED within six months after the conclusion of the audit period. L. Retention of Records 1. The Awardee shall retain all Contract Records for. a period of at least five (5) years -(hereinafter referred to as. "Retention Period ") subject to the limitations set forth below: a. For all non -CDBG assisted activities, the Retention Period shall begin upon the expiration or termination of this contract. b. For CDBG assisted public service activities, the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report for the year in which -the activity is reported as completed.. For each public service activity, the Awardee must retain all contract records except those relating to real and nonexpendable personal property. C. For all other CDBG assisted .activities, the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section II, Paragraph .L.1.c., the Awardee , must retain all contract records except those relating to real and nonexpendable personal property. 13 d. For all CDBG assisted activities, the Retention Period for all contract records relating, to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 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 contract, 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 OCED, 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 contract records during the required Retention Period. 4. The Awardee shall notify OCED in writing, both during the pendency of this contract and after its expiration as part of the final closeout procedure, of the address where all contract records will be retained. 5. ` The Awardee shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period. M. Provision of Records 1. The Awardee' shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have.unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. 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 OCED immediately upon such issuance unless . such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by�Ordinance No. 99 -63, 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 (114) 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 (114) 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) 14 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 (114) of one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. 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 contract. N. Prior Approval The Awardee shall obtain written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontract(s) or contract assignments, wherein CDBG funds will be used "to pay for goods or services. The Awardee must submit all proposed agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. OCED shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED 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. 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 II, Paragraph S.I. of this contract. 6. Out -of -town travel not specifically listed in the approved budget. 7. The disposition of Program Income not specifically listed in the approved Program Income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section. 11, Paragraph J of this contract. 9. The disposal of all contract records as provided for in Section 11, Paragraph L of this contract. 0. Monitoring The Awardee shall permit OCED and other persons duly authorized by OCED to inspect all contract records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to 15 Non - compliance with the above requirements: will be. considered a breach of contract, which will result in the immediate termination of the.,agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. R. Publicity, Advertisements and Signage 1. The Awardee shall ensure that all publicity, public relations, advertisements and signs; recognizes the Miami -Dade. Office of Community and Economic: Development (OCED) and the Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, • all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami Dade OCED logo is permissible. 2. The Awardee shall furnish, erect and maintain construction signs in accordance with sketch included Jn these contract documents. The signs shall be. made of % inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity, and neatness and use of weather - resistant colors and materials. The Awardee shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract. 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. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. S. Procurement The Awardee must take affirmative. steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be' procured pursuant, to this contract. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED 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. 1. 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: A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is 17 the terms of this contract, and /or to interview any clients, employees, subcontractors, or assignees of the Awardee. Foliowing . such inspection or interviews, OCED will deliver to the Awardee a report of its findings, and the Awardee will rectify all deficiencies cited by OCED within the specified period of time set forth in the report, or provide OCED with a reasonable justification for not correcting the deficiencies. OCED 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 OCED in its report. P. 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 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, director 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 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 OCED immediately upon the Awardee's discovery of such possible conflict. OCED will then render an opinion which shall be binding on all parties. The Awardee shall submit to OCED, within five business days of execution this contract, all updated' Conflict of Interest, affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: ➢ Original contract 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 contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. Q. Related Parties The Awardee shall report to OCED the name, purpose, and any other relevant information in connection with any related party transaction. This includes, but is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with overlapping boards of directors, and an organization for which the Awardee is responsible for appointing memberships. The Awardee shall report this information to OCED upon forming the relationship or, if already formed, shall report it immediately. Any supplemental information shall be reported quarterly in the required Progress Report. The Awardee shall submit to OCED, within five business days of execution this contract; all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all, business associations . with the following documents: ➢ . Original contract or its subsequent amendments. ➢ Requests for budget revisions. D Requests for approval of subcontracts. 16 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. B. The parties to this contract agree to .comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. 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. D. 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. E. The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the contract 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. F. Noncompliance -with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. 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 contract. Section 7(b) requires that to. the greatest extent feasible (1) 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 contract 'that are subject to the provisions of section 3 and section 7(b) agree to comply.with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). H. Fair Subcontracting Policies (Ordinance 97 -351 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: 18 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 attached Form A -7.2). Awardees who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The term "local" means having headquarters located in Miami -Dade County or having a place of business located in Miami -Dade County from which the contract or subcontract will be performed. The term "subcontractor" means a business independent of a Awardee that may agree with the Awardee to perform a portion of a contract. The term "subcontract" means an agreement between a Awardee and a subcontractor to perform a portion of a contract between the Awardee and the County. T. Property 1. Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. 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. C. 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. d. 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 in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 19 1) Used to meet one of the three (3) CDBG national objectives until five years after the. expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole'and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this contract or such longer period as determined by OCED -then the Awardee shall pay to OCED an amount equal to the market value of the property as may be determined by OCED 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. Reimbursement is not required after the period of time specified in Paragraph T.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 OCED for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from OCED. C: All real property purchased or improved in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased . in whole or in part with funds 'from OCED, 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 OCED 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 OCED. This report shall include the elements listed in Paragraph T.2.c., above. 3. The ' Awardee shall comply with the nonexpendable personal property requirements as stated below: a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED 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 20 1 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 contracts with OCED shall be inventoried annually by, the. Awardee and an inventory report shall be submitted to OCED. The inventory report shall include the elements listed in Paragraph T.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 contract shall vest in the County and OCED. 4. The Awardee shall obtain prior. written approval from 'OCED 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 contract. The Awardee shall dispose of all such property in accordance with instructions from OCED..Those instructions may require the return of all.such property to OCED. U. Program Income 1. Program Income as defined in 24 CFR Part 570.500 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 terms of this contract and applicable federal regulations or rules, or any County rules or ordinance. a. The Awardee shall comply with the Program Income provisions in OCED's Contract Compliance Manual. If any Program Income provisions of the Contract Compliance Manual conflict with any Program Income provisions of this contract; the provisions of this contract shall rule. b. The County may • in its sole discretion allow Awardee to Use Program Income to carry out eligible activities. The Awardee may request to use Program Income for eligible activities. If the Awardee requests to use Program Income, the Awardee.shall report to OCED all cumulative Program Income generated from activities financed In whole or in. part by funds from this contract. This information . along with a check payable to Miami -Dade County for the generated Program Income, must be submitted quarterly as part of the Fiscal Section of the Awardee's Progress Report as outlined in Section ll. . -Paragraph D.2.a. C. The Awardee shall report Program Income for as long as it receives and /or has control over Program Income generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using Program Income. 21 e. Subject to the limitations set forth in this paragraph, the Awardee may use Program Income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et.seq. f.. Program Income from a revolving loan activity must be used only for the same revolving loan activity. g. 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. h. All Program Income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. 1. Any proceeds from the sale of property as detailed in Section II, Paragraph TA., above, shall be considered Program Income. j. The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and its disposition, 3. Upon expiration or termination of this contract 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. OCED may .require remittance of, all or part of any Program Income balances (including investments thereof) held by the Awardee (except those needed for immediate cash needs, cash balances of revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). 4. OCED, 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 contract. V. Travel The Awardee .shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual: W. Subcontracts and Assignments 1. Unless otherwise specified in this contract, 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 contract 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. Comply with all requirements and regulations specified in OCED's Contract Compliance' Manual b. Identify the full, correct, and legal name of the party; 22 C. Describe the activities to be performed; d. Present • a complete and accurate -breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this contract and with any conditions of approval that the County or OCED 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 OCED, set forth in this contract. OCED 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; f. 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 OCED. 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 OCED 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 OCED, 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. 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. 4. The Awardee shall receive from OCED written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds to the subcontractor.: 5. The Awardee shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this 23 contract or the right to receive benefits or payments resulting from this contract. 6. Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of.any obligation by OCED in excess of the total dollar amount agreed upon in this contract. 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 OCED. 8. The Awardee agrees that it will not change or substitute subcontractors or ' suppliers from the list without prior written approval from OCED. 9. The Awardee shall not hire any of the Awardee's staff members or employees as subcontractors. X. . Additional Funding The Awardee shall notify OCED of any additional funding received for any activity described in this.contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. Y. 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 OCED adequate proof, as. determined by OCED in its sole 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 OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget, to. this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment (reimbursement) shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED, along with all original invoices, copies of front and back of cancelled checkspaid to all subcontractors and suppliers, all release, of liens from all subcontractors and 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. 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. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. S. 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 24 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 contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this. contract. If the Awardee fails to' comply with this requirement, the Awardee will forfeit all rights to payment(s) if OCED, in its sole discretion, so chooses. 7. All. monies paid to the Awardee which have not been used to retire outstanding obligations of this contract must be refunded to OCED in accordance with OCED's Contract Compliance Manual. 8. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract, 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 contract, Awardee agrees to and shall assign any proceeds to the County from any contract 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 shah 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 fine, partnership or other business entity. Z. Reversion of Assets The Awardee shall return to OCED, upon the expiration or termination of this contract all, assets, owned or held by Awardee as a result of this contract, 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 contract 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 OCED 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 and UCC financing statements, as required by the County to effectuate the reversion of assets. Ill. The County Agrees: Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $394,000. IV. The Awardee and OCED Agree: A. Effective Date 1. This contract shall begin on July 1, 2006. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 25 2. This contract shall expire on December 31, 2008. 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 contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract 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 contract has expired or been terminated. B. Suspension 1. OCED may, for reasonable causes as determined in OCED's sole and absolute discretion, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shall be determined by OCED, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure . by the Awardee to materially comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or. d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED 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 contract. 3. OCED 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). OCED will give the Awardee reasonable opportunity to rectify any action or inaction referenced above. C. Termination 1. Termination at Will This contract, in whole or in part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be in the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person ' with proof of delivery. 2. Termination for Convenience 26 OCED may terminate this contract, 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. OCED, at its sole discretion,, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional costs under this contract. OCED shall be liable only for reasonable costs incurred by the Awardee prior to'notice of termination. OCED shall be the sole judge of "reasonable costs." 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 contract become unavailable, OCED may terminate this contract 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. OCED shall be the final authority to determine whether or not funds are available. OCED may at its discretion terminate, renegotiate and /or adjust the contract 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 OCED a release from its contractual obligations to the County. The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach OCED may terminate this contract, in whole or in part, when OCED determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering ultimate contract. performance, or is not materially complying with any term or provision of this contract. Unless the Awardee's breach is waived by OCED in writing, OCED may, by written notice to the Awardee, terminate this contract 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 contract 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 contract. The provisions herein do not limit OCED's right to legal or equitable remedies. 6.. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall have its contract with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the, County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation 0% or material misstatement maybe disbarred from County contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Awardee will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification 1. Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this contract if OCED 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 contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to federal, state and /or County revisions of any applicable laws or regulations, or increases in budget allocations. 2. CONTRACT EXTENSION The County shall have the right to exercise an option to extend this contract for up to one year beyond the current Contract period and will notify the Awardee(s) in writing .of the extension. This contract may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Office of Community and Economic Development. E: Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract, or OCED'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 OCED in the exercise of any right shall operate as a waiver. . F. 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 OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. OCED shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. 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 OCED no later than.5 working days of the action; written notification will constitute a contract 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, OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the 28 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 contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G. Disputes In the event an unresolved dispute exists between the Awardee and OCED, OCED shall refer the questions, including the views of all interested parties and .the recommendation of OCED, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Awardee, or in the event additional time is necessary, OCED will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that the County Manager's determination shall be final and binding on all parties. . H. Headings The section and paragraph headings in this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. I. Minority Participation In order to gain greater Black business participation, the Awardee may submit its contracts to the County Manager for bidding and award in accordance with County policies and - procedures. J. Proceedings This contract shall be construed in accordance with the laws.of the State of Florida and any proceedings arising between the parties, in any manner pertaining or relating to this contract, shall, to the extent permitted by law, be held in Miami - Dade County, Florida. K. 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. L. • Notice and Contact OCED's representative for this contract is Jonathan Johnston. The Awardee's representative for this contract is Stephen David. The Awardee's principal office is at 6130 Sunset Drive, South Miami, FL 33143. The Awardee's telephone number is (305)- 668 -7237. 29 In the event that different representatives are.designated by either party after this contract 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 contract. M. Name and Address of Payee When payment is made to the Awardee's assignee, the name and address of the official payee is: NIA N'. Waiver of 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 .Contract, 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 hereto, 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. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein,, or its power to execute such contract 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 irbe deemed to give rise to any rights in any third party. Q. Survival The parties acknowledge that any. of the obligations in.this agreement, including but not'limited to 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. R. All Terms and Conditions Included This contract and its attachments as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B - Budget; Attachment B -1 Idemnification and Insurance Requirements; Attachment C - Progress Report; Attachment D - Information for Environmental Review; Attachment E - Certification Regarding Lobbying; Attachment F - Publicity, Advertisements and Signage ) contain all the terms and conditions agreed upon by the parties. Attachment G — Job Creation Verification 30 IN WITNESS THEREOF, the parties hereto have caused this thirty -one (31) page contract to be executed by their undersigned officials as duly authorized; this day of 2007. AWARDEE: The South Miami Community Redevelopment Agency Foundation, Inc. BY: NAME: Stephen David TITLE: Acting Director DATE: BY: NAME TITLE: DATE Witnesses: BY: (Signature) Type or Print Name BY: (Signature) Type or Print Name Federal ID Number: 31- 180 -3315 Resolution MR1449 -03, R160 -05, R41 -07 Awardee's Fiscal Year Ending Date: 9130107 CORPORATE SEAL: MIAMI -DADE COUNTY BY: NAME: George M. Burgess TITLE: County Manager ATTEST BY: TITLE: Clerk, Board of County Commissioners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 31 g Big, � _ $ U �QSS} � mZ$ o g z0 Amo Qt�'Sim Afgt. O� m py �9 3�Q O �D N M 7, N . N N N 5 B m m 3 ? g ® o } o t ro m O T W �� 79i00� w y mq$kA � 3 r_ y G i) •: � � K N ?S 0 N m REI F m }e � N m 1 � •; %a S � N pq Fn /~j C ((GIGIYII t, N o r k• �� 79i00� w y mq$kA � 3 r_ y G i) •: � � K N ?S 0 N m REI F m ro O w p y p Z .0 t�1�' � •yi �BC� N .. Re E y 1g in y K x � •E �, 90 pp ti P 'O NNZSO . O q f O qA m m A 8� 8 Z�A t"l ? s� a b �I �1 C m �c O mA Om K 1� D m 0 w A z° x :t ar Fi2c4 ; N N 'CI In O Y /f7 to gs tP Qm828 Y„ r. T Ci ��Qij +�i^�,.:��!^ �iC7\�1� pp� t� ^ g� v[ �`f, ®gig (((n g � "�z �N" G C7� � me � �yl y m:_'r� m k i'�[j Z �. 4'➢ 4Ni 7(7,1s[7l 'F �ii fiT. � y(CA[ K�: ♦�yt 3 2O � .F (�.11yJ7� Y' ('^ { ;5 S"i fA { Y ,UCyyj ^ ii}T"' 8 yZ$Tt � � S��:X15J v C T ,Q 41 y y[a2�� !- O l t fY" D r G 3; is oo� ion n _1 �jPnn' T p; 114«<[����T1T1T1..�]]]Clll dA { fir, ipL� (f]�yAYI' o 3! rY � ♦i ' k �a w tY SF !i 8 .IY RAM S: y ATTACHMENT B The South Miami Community Redevelopment Agency Foundation Inc. Summary Budget July 12006 through Decembor 31.2008 . CATEGORIES BUDGET TOTAL TOTAL AMOUNT OCED ALL NON SOURCES OCED PERSONNEL 0 0 0 CONTRACTUAL 521,569 0 521,569 SERVICES OPERATING 0 0 0 EXPENSES COMMODITIES 0 0 0 CAMAL 12,873,431 394,000 13,267,431 OUTLAY TOTAL 13,395,000 394,000 13,789,000 L t P as as `j O S a� A 3 C 1 0 @I��119I�I IIII I II AIY� IIIIII�IIII �I�I�IIIIIN� IIUIIIl�nllll L t P as as `j O S a� A 3 C 1 0 A't A A t� t ourt�i� 1 D-1 -INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR PUBLIC SERVICE AND ECONOMIC DEVELOPMENT ACTIVITIES 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. 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. Contractor expressly understands and agrees that any insurance protection :required by this Agreement or otherwise provided by Contractor shall in- 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 Contrractor shall furnish to Miami Dade County, clo Office of Community and Economic Development, 140 West Flagler Street, suite #1000, Miami, Florida 33130, 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. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 . combined single limit per - occurrence for bodily injury and -property. damage. 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. -AH insurance policies required.above all shall be issued .by companies authorized to do business under :the laws of the State of Florida, with the following qualifications:. The companymust be.rated no less than .`B" as to management; and no less than "Class: Y" as to fuiaricial strengfh;;ly the`latest edition of Best's Insurance Uuide, published'by. A:ltff. Best Company "Oldwick; New Jersey, or -its cgiuvalent; subject to the approval of. F the County Risk Management Division. I, 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 Insurance and are members of the Florida .Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. 00 1 10GRESSREPORT RT 1: Activity Information 1. Agency Name: L Project Title: t. Activity Name: _ Activity Address: Activity Description: IRIS No.: 9. Source. 10. Grantee Activity Matrix-Code: 12. Index-Codc: ENTER YES FOR NO (N) FOR QUESTIONS. 14 TO. 17 14.11elp Prevent Home1=11CSS?: I & Primarily Help Persons Witli Dis4ilitics?: ATTACHMENT C FY 2007 "Sett Quarter 1*4 JA"AR V AP"U" 314 JUL-SEP ANNUAL REPORT 1 4. Category: . 6. Commission District: Funded Amount: - 13. National'Objective: 1i5. Help Those With HIV /AIDS ?: 17. Generate Program Income?: DICATE ALL THAT APPLY WITH -X- FUR QUESTIONS 18 TO 24 Section log:. 1 9. One For-One Replacement: 20. Displacement: 21. float Funded-. Spboial Assessment: 23. Revolving Loan Fund: 24. Favored Activity: �V loat Principal Baia6ce.: dicate if the activity is located in CDr-1 Area or Strategy Area C.f.S:.. rea Identifier: iliquidated Obligations Area Benefit Information (complete this part'if the natiorial o4je;:five Is LN!4) ;ent of Low/Mod in Service- Area: 2- Survey or Census Track determination? (SIC): sus Tract: 4. Block Groups: I'age I-of 12 AM ATTACHMENT C t1R1' 3- Direct Pea�eiit Inlotrrnation (comtolete'thls part it the National Otbjective Is LILAC UMH 1 IWJ 1. Counts by Households or Persons? (H/P): 2. Total Number Benefiting from the Activity. 3. Number of Female Headed Households: 4. Nii nber of persons served in Entitlement Area: s. Number of persons served outside of Entitlement Area: 6_ Method of Verification by the Agency: 7. Presumed Benefit? (YIN): 9. Nature/Location Narrative: s. Nature/Location? (YIN): Direct Benefit by Race/ Ethnic Category Note: The beneficiary information must be cumulative total from program start date. White Black a African American Asian American lndi2W..Alask2nNative _ Native Hawaiian /Other Pacific Islander American Indian/Alaskan Native & White Asian & White Mack African American & White Amtr"n Indian or Alaskan Native & Black Atricau American Other Multi— Racial Totals Direct noneAt b •Income cat o MOD LOW I C•7cmEmELY LOW TOTAL ART4: SIum13691A,Area Infgrmafion (ca this part• if the S" BA3 � `• r 3 t t, , C-Kr 7 v t 3ouncianes. Y r 'erccntage of Di teriorated Buildings: 3. Public-Improvement/Condition' lum/Blight.Designation Year. AT 5: Job Creation/Retention Information (complete this part if the National Objective is•I m Pagc 2 of 12 9AM ! Rate Amorti7.ttion te6gd Lni-r»t 3 Direct Moan i Defcncd Payment i Gram ouKr Pagc 2 of 12 9AM ATTACHMENT C 'able 2- Job Creatioh/Retention Information Type Total Job Count -Fun Time Job Total Job Count -Full Time- Low/Mod Total hours Part time Total Hours-Part. Timo- Low/Mod Percent of , 'Low/Mod Jobs Expect to Create 110 f Units expected at Com lotion 'otal Expect to Retain Indian/Alaskatt Ci Actually Created isplaced Actually Retained 'ozn - iRT 6: CDBG Multi -unit Activity Set Up and Completion Information (for LM" activities) ble I Units Total - -Occupied Occupied Low/Mod It of Units at Start AsiaxdPacific Mer 110 f Units expected at Com lotion 'otal Y of Units actually Completed Indian/Alaskatt Ci ale 2 rype Authorized Costs Actual Costs. - ,DBG IIispInic AsiaxdPacific Mer Tract Or 'otal ;T 7: Displacement Information (complete this part if displacement has occurred) 'ype Census - Yv%ite Black IIispInic AsiaxdPacific American . Tract Or Indian/Alaskatt Ci isplaced 'ozn - smaining In :located to r 8- Replacement' lnfqo�ation_(complete this part if One -for One Replacement has occurred) tte Demolished/Converted Address Replacement Address date ailable Date �. 9- Activity StatuslAccomp ishments Information (cornplete this part for all types of activities) ;tivity Status (Circle One): 1. Cancel 2. Completed 3. Underway ctivity is considered to be completed when it meets the National Objective and after all the funds are drawn) )posed Accomplishment Type: tual Accomplishments Type: vironmental Assessment Code: AM 3. Proposed # of Accomplishment Units: 5, Actual i/ of Accomplishment unit/s during the year. 7. Create Program Income? (YIN): - Page 3 of 12 ATTACHMENT C mmplislunent narrative for the carrent Program Year (Please make sure that accomplisliments during the c�urent s are only included. ximum 6 lines) fining below X, , verify that the information in this report is accurate appropriate records have been maintained. fired By: Date: ►ved By: Date: FOR OCED USE ONLY Verified for completeness and accuracy by: Contract Officer. Date: Planner: Amin. Support Staff: Page 4 of 12 .At Date:. Date: Date: Date: IDIS UPDATE: ATTACHMENT C QUARTERLY PROGRESS REPORT INSTRUCTIONS 1RT'1. ACTIVITY INFORMATION .Agency Name: Enter the Name of the Agency Project Title: Agency Acronym and the Title of the Project (60 characters maximum) Activity Name: Agency Acronym and the name of the activity (40 characters maximum) Category: Enter the Category of the activity (e.g. Housing, Public Service, Ecc. Dev etc.) Activity Address: Enter the complete address of the location where the activity is taking place Commission District: Enter the Commission District # where the activity is taking place Activity Description: Enter brief description of the activity (120 characters maximum) IDIS No.: Enter IDIS No. of the activity. Source: Enter die funding source (e.g. HOME 95). Grantee Activity il: Enter the Grantee Activity No.(E.g. B.00.020.235) Matrix Code: HUD Code applicable to the activity. ' Index Code: Enter the Index Code from FAMIS National Objective. Enter the National Objective applicable to the activity. flelp Prevent homelessness ?: Enter Y if the purpose of the activity is to prevent homelessness; otherwise enter N. :Ielp those with HIV /AIDS ?: Enter Y if the purpose of the activity is to help persons with HIV /AIDS; otherwise enter N. ? rimarily Help Persons With Disabilities ?: Enter Y if the purpose of the activity is primarily help persons with disabilities; itherwise enter N. , enerate program Income ?: Enter Y if this activity is expected to generate Program Income; otherwise enter N. section 108: Enter X if this activity is funded• in Whole or in part using proceeds from loans guaranteed under Section 108. )ne for orte Replacement: Enter X if this activity is a One - For -One Replacement Activity )isphaeement: Enter X if this activity involve. a displacement activity Ioat Funded. Enter X J.' f this activity is a Float Funded activity pecial Assessment: EnerX if this activity is a public improvement activity for which a special assessment will be levied: :evolving Fund: Enter X if this activity is funded through a revolving fund. avored.Activity: Enter X if this activity is an-econoinic development activity that is of important national' interest and therefore ay be excluded from the aggregate public benefit calculation. loat"Prineipal Balance: Enter the Float principal balance if this is a float funded activity idiea•te if the activity is located in CDF1 Area or Strategy Area: Enter C or.S depending upon whether this activity�is located in Community Development Financial Institution (CDFI)•or a Neighborhood Revitalization Strategy Area. rea Identifier: If you entered C or S in the previous field, enter the Area Identifier. rdigiridated Obligation: Enter the ainount of orders placed. Contracts and'grants awarded, goods and services received, and nilar transactions for which expenditure has not been reported as of the end of the reporting period. r2. AREA BENEFIT.INFORMATION reent of Uw Mod'in service area: Enter the percentage of low /mod persons in the service area. rvey or Census Tract deterin.mationi Enter the method by whicli the percentage of low /mod "in'thc service area was determines. ter S for Survey And C for Census. ' nsus Tract: Enter the Census Tract for the LMA Service Area. ?Fk 4Groups: Enter the Block Groups associated with the Census Tract- 0 Persons? (IIlP): Enter P. for L1VIC or LMJ;activrty and H'for LIvIH activity W Number Benefiting from Activity: Enter'thc total iiumber of persons benefiting -from the activity. , ; . ? ?. Y. •t 'r mber of Female headed Households: Enter the total number of female Headed Households. This field is not applicable to LMC LMJ activities. nber of persons served in Entitlement Area: Enter the total number persons served in•Entitlement.Area nber of persons served outside of Entitlement Area: Enter the total number -•of persons served outside of die Entiticmcnt.Ari a. `hod of verification by .the Agency: Enter the method. used by the Agency in determining the number of persons served inside outside of the Entitlement Area. . fumed Benefit? (YIN): Enter Y if this activity is designed to exclusive)y.serve a category of persons.presumed by HUD to be rood income. Please note that presumed benefit groups am- limited to: abused children, battered spouses, elderly persons, )led adults, illiterate adults, persons living with AIDS; homeless and Migrant Farm Workers. This field is not applicable to LMH LMJ activities. irelLocation: Enter if the activity is considered low /mod because of the nature of the activity and the place it is being carried Phis field is not applicable to LMH and LMJ activities. ire/Location Narrative: Enter a description of how the Naturel"cation of the activity benefits a limited clientele, at least 51% rom are low /mod income. Pare 5 of 12 :9 AM ATTACHMENT C f 4: SLUMIBUGitT AREA INFORMATION ( complete this part if the national objective is SBAI andaries: Enter a description of the boutxlarics of slum/bligbt area (180 characters maximum) of deteriorated. buildings: Enter the percentage of buildings'that were deteriorated when the area was designated as slum /blight.... . blic ImprovementfCoudition: Enter a brief description identifying each type of improvenicnt located within the area and its condition at the c the area was designated stuudblight(40 characters maximum). taiMlight Designation Year: Enter the year the area was designated as slum/blight. '5: JOB CREATION /RETENTION INFORMATION (complete this part if the National Objective• is LMJ I` Direct or Deferred Payment Loan Information: If CDBG assistance for a job creation/retention activity is provided in the form of a loan, ter the Interest Ra(e, Amortization Period and the Amount. )BG. Grant Amount. If CDBG is being used to provide assistance in a form other than a direct or deferred loan, enter the amount provided for S activity. Enter the information about jobs expected to create, expected to retain, actually created and actually retained. 6: CDBG MULTI -UNIT ACTIVITY SET UP AND COMPLETION INFORMATION : Enter details oft! of units at start, # of units expected at completion and H of units actually completed s Enter the details of costs associated with the activity. 7: DISPLACEMENT INFORMATION e requested displacement information in the table 8: REPLACEMENT INFORMATION e relevant information in the table regarding Replacement as a result of this activity. 9: ACTIVITY. STATUSlACCQMPLISHMENTS INF011MATION(complete this part for all types of.activities) vity Status: Circle 1, 2 or 3.-Please note that an activity is considered to be completed once it meets its national objective and all the funds �ire- 'ri from IDIS. )osed Accomplishment Type: Enter I= People, 4= Households, S= Businesses, 9—Organizations, 10= 11ousing Units, 11= Public Facilities, obs. -osed 8 of accomplishntent Unit/s: Enter the proposed It of units to be accomplished. al:accom*hment type: Enter the actual accomplishment typo al # of accomplishment units during the year. Enter. the actual units accomplished. ronmental Assessment Code: EnterA= Exempt, C= Complctei, D =Underway to Program income: Enter Yes or No. • t r rf h' w v t � ✓ � � e Page 6 or 12 M ATTACHMENT C ,. ;.., . SECTION H.- FISCAL; INFORMATION; := f GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract with OCED. This section of the report covers fiscal activities from the beginning of the contract 'date'through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted activity, PROJECTED List the project expenditures through the cut -off date of the report for each of the .budget categbries. ] EIl BURSED List the contract expenditures that OCED has reimbursed to your organization through'the cut-off date of the report. ACTUAL, _ List ALL the contract expenditures, whether or not they have been reimbursed by the' County, OCED that your agency incurred through the cut -off date of the report. "PkOlECTED EXPENDITURES List all the expenditures -that your organization anticipates will be FOR NEXT REPORTING incurred in the- implementation of the contracted activities through PERIOD the end of next reporting period. PROJECTED CUMULATIVE ' List all expenditures thai your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation'of the contracted activities through OF CONTRACT PERIOD the end of the contracted period: Page 7 of 12 031 ` 1 +l t "S. !f � <. A 4n•` Jl $ t i/ i t Y `4y +. L. 'f � *•C ` r � 4.+h2 'FJA. .,,i 1 iM4: -yCli �hlti Y }C `^� 1155Yi �+ I C i..n J J. J»..j� .! tl21kf74 i, J �• L {!`a li • 1.`2Fi'i t'2 � 4n ,, 1, J.4 ;5� �!• •r!1. � f4 2 l .nt ) J.�r f �l 5':� �.i +i.': �::. , ... .... .' Page 7 of 12 031 o v C) of o � a �. N. a rn n O C O y o � � �. C CD CL A J � If b � l N b �y z° o.w � y co D —t A n• X :iz, m z W C) of o � O C y D —t A n• X :iz, m z W ATTACHMENT C SECTION III: MINORITY BUSINESS ENTERPRISE DATA SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR! Enter this information only once on each report for each firm SUBCONTRACTOR OR receiving funds through your organization's contract with VENDOR, ADDRESS, AND OCED. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that I.R.S. has assigned to the Vendor /Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID 1f: Enter the Employer Number that I.R.S. has assigned to the Prime Contractor as a unique identifier. This information must be provided for each vendor listed. RACE/ETIINIC GROUP: Enter the numeric code (1 through 6) that identifies the racial/ ethnic background of the owner(s). and controller(s) of 51% -of the business. If 51% of the business is.not controlled by any'single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE:. Enter the numeric code that best describes the contractor 's /subcontractor's / vendor's services. The codes are mentioned in the front of this page. AMOUNT OF CONTRACT/ Enter the total amount expended for goods, services, supplies, SUBCONTRACT OR and/or constructiogcosts for each vendor, contract and 'PURCHASE- subconti-act. In cases where commodities or equipment purchases comprise the majority of the expenditures for the period; then combine all expenses for the reported -period. TOTAL. Enter the total amoinit of dollars expended on goods, services, ' supplies, and/or construction for all contracts, subcontracts, and purchases that occurred .during the reporting period: AFRICAN AMERICAN CHART NUMBER OF CONTRACTORS, Rater number'of African Americaii•Grms,ttiat transacted: ' u SUBCONTRACTORS, OR business With -your organization during the reporting period. VENDORS ' This information'must be reported for organizations tivith at y`. least 51% African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentageof total dollars received by African ACiIVTTY: American firms from funds expended by your organization during the reporting period. Page 9of12 29 AM ZZ TIlp ttiWN -�M O> XZ>gn 3 -a cainD''xn 0 fn N 'O �DAnlnm >x �()bz nm�� -.G) • > 16a! 7u Z z D C A z Z (ten oorn 0 Q. r _..._._ .. ........ .....7u0 Om CD z� v zC m C ,.,. 7." 0 O O Z (mn z z . en o o,o v•ci. W r -� [1� ►O v Li (D (D 0. iqn a X7 C' m (D �x zr r Cr T � . a O. .p w x •vvop0 °c n •n�m.nn- o a M v<`° -U M m c o > N d1 •• � S17 y � t7 N .D CD v'.40 G H 0 z coc *� C);"u�� n mzDpu z 0 10 o ((1) z ~ N 0o r U) (y y R1 to '• •� °• SCI.'• O�•�'�• -40 .T t �„2 -•m Y Y =0 m e Ci 4 4, r :iri.iiZ� •F" .-M r "AA�C ~rx z M F-+ a b Cn b w 0 x "d a ►yt H z Q N G ti `-1 y. 71 0 fn • m (y y R1 to '• •� °• SCI.'• O�•�'�• -40 .T t �„2 -•m Y Y =0 m e Ci 4 4, r :iri.iiZ� •F" .-M r "AA�C ~rx z M F-+ a b Cn b w 0 x "d a ►yt H z Q N G ti `-1 y. 71 ATTACHMENT C U.S. IUD SECTION 3 REPORT tT THREE — SUMMARY — Indicates the efforts made to direct the employment and other economic opportunities .rated by HUD financial assistance for housing and community development programs, to the greatest extent ible, toward low — and very low- income persons, particularly those who are recipients of government assistance for :ing. (Check all that apply.) 7 Attempted to recruit low - income residents through: local advertising media, signs prominently displayed at the project site, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar. . I Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. 1 Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business, concerns. 1 'Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered project is located. Other, describe below. iE c d i Ld lrl�. t .. t � .. ^ }r" ` )� 1 "" `" �k i( p Yf. f SY i(• fi !-` tA .. qm Fagc 11 of 12 ITS SECTION IV:- U.S. HUD SECTION 3 REPORT iornic Opportunities for Low & Very Low- Income Persons in Connection with Assisted Projects ENCY NAME: ENCY ADDRESS: ATTACHMENT C PROJECT NAME: CONTRACT AMOUNT: $ PERIOD REPORTED: QTR 1 2 3 4 (CIRCLE ONE) 'ORT REVIEWEDIAPPROVED BY: ' TELEPHONE I/: (SIGNATURE) T ONE — EMPLOYMENT & TRAINING — To be completed for each project and submitted quarterly to OCED by April 15, 15, October 15 and January 15. iCATEGORY A B C D . E F G A Total Total'New % ofNew Total Total % of RACIAIJETIINIC CODES 1 2 3 d 5 Awarded New Hires who Hires that Employee Native Employee Asian- Hines are arc Trainee EmP10Ycc Trainee White African Native Hispanic Asian or (Total of Sedion 3 Section 3 Hours Trainee Hours Amer, Amer. Amer. Amer. Pacific Column Residents Residents worked Worked by Amer. G. 115) (B /A) flours Section 3 ' Residents Worked (j) by Section 3 Residents )FESSIONAL IiMC1AN lCFJ• RICAL ISTRUCTION tRADE DE: DE: DE: DE: DE: AL: i WO-- SUBCONTRACTSAWARDED fcir goods jkd scfviccs associatod with this PS nTE OF DNTRACT A Total S B Total S C ? 'l. B TO:, ; . :. NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY -Amount of . Amount of A RACIALIET[INIC IDENTIFICATION l 2 3 4 5• 6 Contracts Contracts. Awarded Awarded to Mute African Native Ilispanic . Asian- Hasidic Section 3 American American American Amcricaa Pacific Jew Businesses :.:... Amcrica►rr STRUCIION - STRUCIION 2- rte ttcport Atit sace. 12 or 1 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: C] CDBG ❑ HOME ❑ HOPE VI [] HOMELESS (SRO /SHP) ❑ EDI ❑ BEDI 2. Indicate Fiscal Year FY 20 Name of Subrecipient/Agency: 4. ' .Name of Proposed Activity: 5. Location Address with Ci ST and Zi of tivity or Pro ect: 6, Folio Nufn 7. Commission District( §): R i";nw -f ('nnfnrf infnnnnfinn of Inan/nrant ret`niP_nf- Name: Address:. Citf. zip: Phone: Fax: Form Revised 02101107 1 9.' Detailed description of activity or project: 10. What is the purpose of the activity or project ? - For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. 11. What is the status of activity or project? For example, Pre - Development Phase, Rehab /Construction Underway, Rehab /Construction Completed, etc. Part II. PROJECT OUTCOME Will the activity or proiect result in the followinq? YES NO 1. Change in use 2. Sub - surface alteration (i.e. excavations) 3. New construction 4. Renovation: or demolition • 5. Site imp n)veRlents (ublWies, sidewalk, landscapwig, storm n d areas''drives, etc: 6: '.Srn7din4 nprovemetrts '(wir►dows ; "doois,'eto.) 7. Displacement of persons; households or business 8. Increase in population working or living. on site 9. Land acquisition :. A Activity in I Wyear floodptain 11. A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per d V. Use requiring operating permit (i:e. for hazardous waste, retreatment of se e, etc. 13. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15. Street improvements 16. The impounding of more than 10 acre feet of water (e.g. digging a take or diverting or deepeni of a body of water . 09 F� r Part Ill. SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and proposed land use: Existing? • 'Proposed? 2. Site Plan: Does the proposed activity include a new structure(s) or site improvements on a site of one (1) acre or more? ❑ YES ❑ NO If }des a site plan must be provided. Projects) will not be environmentally reviewed without a site plan. 3.. Photographs: Does the activity include new construction, renovation or rehabilitation? F] YES 'El � N(? (f yes,iphotographs;must :be provided of each side, {front, near;aiid srdes) of the structuie(s} t J r S s unc "and ohe 4ant�bTe. potgll ll for p be identified by address. !n add raon,'provide. for each existing- structure on the site; the following information: • Existing structures) *on site? ❑ ..YES ❑ NO • Estimated age of sh6ture(s)? d. Value of Improvements: . Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES ❑ NO 3 If yes, what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? 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 Environmental Regulations and Management. (DERM), Florida Department of Environmental. Protection (FDEP) and U.S. Environmental . ProtecUon Agency (EPA)); and site inspection for physical evidence of contamination such as damaged'.vegetation or stains in the soil. Has a Phase I been perfomned� ❑ .YES [] NO vEnvironmental Health InfOrmation: • If . a residential 'site, and the activity includes 'or -involves rehabilitation, has .4 . been inspected for defective paint surfaces? YES Q NO, If yes; please submit the results. Have any child under the age of seven at the site been tested for elevated levels of lead in the body? ❑ YES ❑ NO if yes, please submit the results. 4 7. Other Site Information: 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 housing/building rehabilitation projects only: Submit .a scope of service, an itemized budget describing the major components . of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part -V. CERTIFICATION !:+certify to -tile accuracy of the information ptowded., l unders #and that all funded:activities must :have an approved environmental review clearance prior #o the commencemenFof projects ! i F c[eariy understand that any omitted and/or incorrect lnformaban wi{{ iietay the tnfaioq "ofthef 1 q, ..: _ •- ai r .t i h'e -.` i+ayv s .:•1a+^oA 1!V'•7;. emironmentat ireview process by the 0CED staff ' As'such,11 am aware tha# omttied information ;n'� ' ' " 3 could May -the. commencement of .my organrzat,on's project. 1 understand all ;approved environmental reviews are valid for one (l) year maximum: Print Name Signature Title _ ..._..:..._� . _ .. ie of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to: Community Development Division Director Office of Community and Economic Development 140 West Flagler Street, Suite 1000 Miami; Florida 33930 5 - YES NO 1. Flood insurance required? 2. Public water available on site? 3. Public sewer available on site? 4. Children under 7 years of age residing on site or relocating to site (including day care facility)? 5. Hazardous waste disposal facili ? 6. Storage of hazardous materials on site? 7. Abandoned structures on site? 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 housing/building rehabilitation projects only: Submit .a scope of service, an itemized budget describing the major components . of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part -V. CERTIFICATION !:+certify to -tile accuracy of the information ptowded., l unders #and that all funded:activities must :have an approved environmental review clearance prior #o the commencemenFof projects ! i F c[eariy understand that any omitted and/or incorrect lnformaban wi{{ iietay the tnfaioq "ofthef 1 q, ..: _ •- ai r .t i h'e -.` i+ayv s .:•1a+^oA 1!V'•7;. emironmentat ireview process by the 0CED staff ' As'such,11 am aware tha# omttied information ;n'� ' ' " 3 could May -the. commencement of .my organrzat,on's project. 1 understand all ;approved environmental reviews are valid for one (l) year maximum: Print Name Signature Title _ ..._..:..._� . _ .. ie of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to: Community Development Division Director Office of Community and Economic Development 140 West Flagler Street, Suite 1000 Miami; Florida 33930 5 - Typ2 of Activi EXEMPT* CENST** CEST *** EA**** Economic Development Notice/No Notice/No RROF (No Statutory FONSI and New Construction RROF RROF Requirement Triggered) X . Rehab X1 Xz Non-Construction/Expansion X Publish NOURROF Housing (Statutory Requirement Single Family Rehab X Mufti - Family Rehab X1 X2 New Construction X Homeownership Assistance X Affordable Housi Pre -Dev. X Capital Improvement Handicapped Access X Public Facilities X1 Xz Infrastructure X1 X2 Public Services ' Employment X Crime Prevention X _ Child Care X Youth or Senior Services X Supe2rfive Services X Type Publication . No Public 'No Public Na Public Notice/No Publish Notice/No Notice/No RROF (No Statutory FONSI and RROF RROF Requirement Triggered) NO/RROF Or Publish NOURROF (Statutory Requirement Triggered) Xr If .for continued use and change in density (or size) of less than 20'x, _. 'X2 Change in densrty (or size) of more than 20°/4 * Exempt Exempt Activities CENST- Categorically Exduded and Not Subject to 58.5 } *** CEST Categoricaily.Exduded Subject to 58.5. . 'EA Environmental Assessment (Format 11) T ATTACHMENT E . CER.TMCAITON 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 in eluded in the award documents for all subawards at ail 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 3.1; U.S. Code, - Any person who .fails to file the required certification shall be subject.to a civil penalty ofnot less than. $10,000. and -not more-than $100,000 for each-such failure. i { � i .,w..� t kti.. N� yi �.._.x �. r•+ -.ti 1 f-i'rf �rrS � ' Y t .. a. > .. Y, t r r r , ny t � r- � w . :<.� r Bye , +. .. (SRnAtnre afAathorned �teprtscad�tiYC) .... `4 4 .. print. . (Print Manx of Firm and Aathorizcd Reprtsenhtirc) .Title Date: R I � Project Name Project Cost Miami -Dade County Carlos Alvarez Mayor Board of County Commissioners �, an Bruno A. Barreiro - A.xfACWgENr F Sign The sign (s) shall be made of Y, inch thick marine plywood, newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use •of weather - resistant colors and materials. The Contractor shall place the sign (s) securely braced and mounted. All materials shall be provided by the Contractor and the sign(s) shall• remain in the property of the Owner at the completion of the contract. .0crk of dte Cuocuit and- County Courts George M. Burgess County Manager Mtu-ray A. Greenberg. 2r` „.. • ' County Attorney k Air n� C0�1MiiMiYJIND ECdN�MtC.t)LOPIItENC ears of amen rrrenrrr 4'0- Chairman Barbara I Jordan dice- Cf :airworrta�c .Barbara J. Jordan Katy-Sorenson District 1 Dixtrict 8 Dorrin D. Rolle Dennis C.. Moss District 2 District 9 Audrey Edmonsou Sen.- Javier D. Souto District 3 District 10 Sally A. •Heyman Joe A. Martinez District 4. District 11 Brunb A- Barreiro Jose "Pepe" *Diaz A.xfACWgENr F Sign The sign (s) shall be made of Y, inch thick marine plywood, newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use •of weather - resistant colors and materials. The Contractor shall place the sign (s) securely braced and mounted. All materials shall be provided by the Contractor and the sign(s) shall• remain in the property of the Owner at the completion of the contract. .0crk of dte Cuocuit and- County Courts George M. Burgess County Manager Mtu-ray A. Greenberg. 2r` „.. • ' County Attorney k Air n� C0�1MiiMiYJIND ECdN�MtC.t)LOPIItENC ears of amen rrrenrrr 4'0- Attachment "G" DOCUMENTATION OF EMPLOYMENT OF LOW/MODERATE INCOME In order to document that new jobs or retained jobs which resulted from the technical /financial assistance provided by (Name of Agency) go to low and moderate income individuals, Miami -Dade County has- developed Income Certification Forms which you can have your new employees fill out and return to your company. Please use the attached form and, when completed, keep a copy and return original to (Name of Agency) DOCUMENTATION OF EMPLOYMENT OF LOW/MODERATE INCOME The Office of Community and Economic Development has developed a set of forms to properly document the creation of new jobs and the retention of jobs resulting from technical and/or financial assistance provided to businesses. In accordance with US Department of Housing and Urban Development regulations for the Community Development Block Grant Program, assistance to businesses must result in employment opportunities for low and moderate income residents. The following Agreement For Service Form, the Agreement for the Creation and Retention of Jobs, and the Income Certification Form must be completed by the company your agency assists and by their employees, respectively, and returned to your agency to comply with your agency's contractual requirement with Miami -Dade County. CQUNTY _ ` JOB CREATION VERIFICATION (NON -NRSA) NAME OF EMPLOYER: STREET ADDRESS: CITY: PHONE NUMBER: NAME OF EMPLOYEE: STREET ADDRESS: CITY: PHONE NUMBER: STATE: ZIP CODE STATE: ZIP CODE DATE HIRED: WERE YOU UNEMPLOYED PRIOR TO TAKING YOUR JOB? YES ❑ NO ❑ DOES YOUR EMPLOYER OFFER EMPLOYER SPONSORED HEALTH CARE BENEFITS? YES ❑ NO ❑ PLEASE CHECK THE BOX NEXT TO THE JOB TITLE THAT BEST DESCRIBES YOUR POSITION: OFFICIALS AND MANAGERS ❑ CRAFT WORKS (SKILLED) ❑ PROFESSIONAL ❑ OPERATIVES (SEMI- SKILLED) ❑ TECHNICIANS ❑ LABORER (UNSKILLED) ❑ SALES ❑ SERVICE WORKERS ❑ OFFICE AND CLERICAL ❑ AMERICAN INDIAN/ ❑ DEMOGRAPHIC INFORMATION WHITE ❑ BLACK AFRICAN AMERICAN ❑ ASIAN ❑ AMERICAN INDIAN / ❑ ALASKAN NATIVE NATIVE HAWAIIAN / ❑ AMERICAN INDIAN/ ❑ ASIAN ❑ BLACK AFRICAN ❑ OTHER PACIFIC ISLANDER ALASKAN NATIVE & WHITE & WHITE AMERICAN & WHITE AMERICAN INDIAN/ ❑ OTHER ❑ ASIAN/ ❑ HISPANIC ❑ ALASKAN NATIVE & BLACK MULTI- RACIAL PACIFIC ISLANDER TOTAL FAMILY SIZE (Please circle one): 1 2 3 4 5 6 7 8 TOTAL FAMILY SIZE INCOME: $ C:zp Please see reverse side for family size and household income. Revised 311107 Please circle the appropriate column for your family size and household income. FAMILY SIZE HOUSEHOLD INCOME VERY LOW HOUSEHOLD INCOME HOUSEHOLD INCOME "TFLESSTIIAN: ``LOW- MODERATE' GREATERTHAN. " 1 $18,950 $18,951- 30,300 $30,301 2 $21,650 $21,651- $34,600 $34,601 3 $24,350 $24,351 - $38,950. $38,951 4 $27,050 $27,051 - $43,300 $43,301 5 $29,200 $29,201- $46,750 $46,751 6 $31,400 $31,401 - $50,200 $50,201 7 $33,550 $33,551 - $53,650 $53,651 8 $35,700 $35;701 - $57,150 $57,151 I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND FACTUAL. I FURTHER ACKNOWLEDGE THAT THE INFORMATION IS SUBJECT TO VERIFICATION BY AUTHORIZED GOVERNMENT OFFICIALS. SIGNATURE: DA Revised 311107 AGREEMENT FOR FINANCIAL AND TECHNICAL ASSISTANCE Assistance is provided through the Office of Community and Economic Development and funded by U.S. Housing and Urban Development ( USHUD). The goal of the USHUD is to bring about job creation for low and moderate income residents of the County. All job creation resulting from the financial or technical assistance provided by to your company/business must help in meeting the goal that 51 % of jobs created or retained must be available to low and moderate income residents for a period of two (2) years after the assistance is provided. By signing this Agreement, I understand the requirement of the funding sources and also understand that job creation and the availability to low and moderate income residents is subject to verification by authorized Government officials. Name of Applicant: Address: Phone #: Name of Business (proposed): Address: Phone #: CDBG/NRSA: Federal Enterprise Zone: Current # of Employees: Date: Eligible Block Groups: Empowerment Zone: Expected # of Employees: The applicant signing below certiji'es that he information given above is true and accurate to the best of his /Iter knowledge. Signature of Applicant Agreed By Intake Officer Name of Agency Date Signed Date MI7� NAME OF EMPLOYER: STREET ADDRESS: CITY: PHONE NUMBER: NAME OF EMPLOYEE: STREET ADDRESS: CITY: PHONE NUMBER: JOB CREATION VERIFICATION (NRSA) STATE: ZIP CODE STATE: ZIP CODE DATE HIRED: WERE YOU UNEMPLOYED PRIOR TO TAKING YOUR JOB? YES ❑ NO ❑ DOES YOUR EMPLOYER OFFER EMPLOYER SPONSORED HEALTH CARE BENEFITS? YES ❑ NO ❑ PLEASE CHECK THE BOX NEXT•TO THE JOB TITLE THAT BEST DESCRIBES YOUR POSITION: OFFICIALS AND MANAGERS ❑ CRAFT WORKS (SKILLED) ❑ PROFESSIONAL ❑ OPERATIVES (SEMI- SKILLED) ❑ TECHNICIANS ❑ LABORER (UNSKILLED) ❑ SALES ❑ SERVICE WORKERS ❑ OFFICE AND CLERICAL ❑ DEMOGRAPHIC INFORMATION WHITE ❑ BLACK AFRICAN AMERICAN ❑ ASIAN NATIVE HAWAIIAN / ❑ AMERICAN INDIAN / ❑ OTHER PACIFIC ISLANDER ALASKAN NATIVE & WHITE AMERICAN INDIAN / ❑ OTHER ❑ ALASKAN NATIVE & BLACK MULTI - RACIAL TOTAL FAMILY SIZE (Please circle one): 1 2 3 4 ❑ AMERICAN INDIAN / ❑ ALASKAN NATIVE ASIAN ❑ BLACK AFRICAN ❑ & WHITE AMERICAN & WHITE ASIAN / ❑ HISPANIC ❑ PACIFIC ISLANDER 5 G 7 8 I HEREBY CERTIFY THAT THE INFORMATION PROVIDED 1S TRUE AND FACTUAL. I FURTHER ACKNOWLEDGE THAT THE INFORMATION IS SUBJECT TO VERIFICATION BY AUTHORIZED GOVERNMENT OFFICIALS. SIGNATURE: DATE: Revised 311107 AGREEMENT FOR FINANCIAL TECHNICAL ASSISTANCE SERVICES FOR THE CREATION OF JOBS In order to receive the various forms of Financial/Technical Assistance available through Name of Agency * businesses must enter into an Agreement to make "available" and to "document" the job creation for the benefit of low and moderate income residents resulting from the technical assistance and/or financial assistance provided to your business. Through this Agreement you are committing your business operating under the name of to: 1) make available 51 % of the resulting jobs to low and moderate income individuals; 2) provide a list of the job titles of the permanent jobs expected to be created which will be available to low /moderate income and which jobs require special skills or education and which are part-time, if any; 3) provide a description of steps to be taken by your business and our agency to ensure low and moderate income individuals receive first consideration for the jobs created; 4) maintain a list of permanent jobs filled, available to low and moderate income individuals and a brief description of the hiring process. The applicant signing below understands the information in this Agreement, understands that Name of Agency will not provide all the assistance requested by your business until this Agreement is executed. Signature of Applicant Agreed By Intake Office Name of Agency 1/13/04 Date Date AGREEMENT FINANCIAL /TECHNICAL ASSISTANCE FOR THE RETENTION OF JOBS In order to receive the various forms of Financial/Technical Assistance available through Name of Agency businesses must enter into an Agreement to "document" that 51 % of the present jobs are low and moderate income and/or that new jobs will be made "available" to low and moderate income residents from jobs that may turn over. Through this Agreement you are committing your business operating under the name of to: 1) provide a list by job title of the permanent jobs retained, separating those that are part time and which are low and moderate income; 2) estimate if any job turning over that will be available to low and moderate income persons within two (2) years of the assistance; 3) complete a Certification of Low and Moderate Income Status Form for each retained job held by a low and moderate income person; 4) maintain 51 % of the work force with low and moderate income residents; 5) implement a process to ensure that for positions turning over and/or new positions created are filled by low and moderate income residents; The applicant signing below understands the information in this Agreement, understands that Name of A ency will not provide all the assistance requested by your business until action is taken to put in place the requirements of this Agreement and lastly, the applicant also understands that failing to comply with this Agreement may result in being charged a fee for the service provided. Signature of Applicant Agreed By Intake Office Name of Agency 1/13/04 Date Date EXHIBIT C Development Agreement Between Miami -Dade County and the South Miami Community Redevelopment Agency ( SMCRA) THIS AGREEMENT is made and entered into by and between Miami -Dade County, acting through its Office of Community and Economic Development (hereinafter "OCED" or the "County" or ``Lender "), and the South Miami Community Redevelopment Agency (hereinafter " SMCRA" or `Borrower "). This Agreement is a written memorandum outlining the essential terms and conditions of an unwritten understanding that had previously been entered into by and between the parties prior the commencement of the Project's development. The South Miami Community Redevelopment Agency ( "SMCRA ") purchased the land described as: Street Addresses: 6442 SW 59th Place, South Miami 6443 SW 60th Avenue, South Miami 6429 SW 59th Place South Miami Folio Numbers: 09- 4025 -010 -0180 09 -4025- 010 -0050 09- 4025- 010 -0310 (the "Property "), attached hereto as , which document is incorporated by reference into this development agreement. This development agreement regulates the use and expenditure of grant funding in the amount of $394,000, which funding is being provided by OCED to the SMCRA. The grant funding under a Community Development Block Grant (CDBG) assisted the SMCRA to partially fund the purchase of the Property. The SMCRA shall develop the Madison Square /South Miami Strip Mall Project (hereinafter the "Project ") on the Property, for the purpose of developing affordable housing together with a commercial /retail center. The SMCRA intends that the project will provide economic development opportunities within the community redevelopment area and intends to provide job creation/job retention opportunities. In exchange for the $394,000 CDBG forgivable loan secured by the attached loan documents (mortgage and promissory note), which documents are attached as composite 1SM, and are incorporated by reference into this document: 1) The SMCRA shall develop the Project and complete construction within three (3) years of the date of the execution of this Agreement; and, 2) The SMCRA shall create and retain at least nine (9) full -time permanent jobs within the commercial /retail component of the Project for low- and moderate- income persons. The nine (9) full - time permanent jobs shall be created within twelve (12) months of completion of construction of the Project and shall be retained within the commercial /retail component for a period of five (5) years from the date of hire. All employees employed as a result of this Agreement shall be considered to be, at all times, employees of the SMCRA (or its tenants, sub - contractors, or other entities affiliated with SMCRA) under its sole direction and not employees or agents of the County. SMCRA shall maintain, and shall require that its subcontractors, tenants, affiliates and other related entities employing persons in fulfillment of this Agreement maintain, complete and accurate records to substantiate compliance with the requirements set forth herein; all such entities shall retain such records for three (3) years from the expiration of this Agreement and /or any extension thereof, and, 3) SMCRA agrees a) to maintain records and other documentation sufficient to support its compliance and satisfaction with the requirements set forth herein; b) that the County or its duly authorized representatives or governmental agencies shall, for a period of three (3) years after the expiration of this Agreement and /or any extension thereof, have access to and the right to examine and reproduce any of SMCRA's books, documents, papers and records of its subcontractors, affiliates, tenants or other entities engaged in fulfilling the requirements herein in order to determine whether the requirements set forth herein have been satisfied; and c) to provide such entities listed in subsection (3)(b) herein notice of the inspection and record- keeping requirements set forth herein; and, 4) The SMCRA shall, as an integral component of the project, provide employment opportunities for low and moderate income persons through businesses locating within the Project, including providing clear opportunities for promotion and economic advancement; and, 5) SMCRA shall, during construction, monitor the compliance with requirements of Section 3 of the Housing and Urban Development Act of 1968 and the implementing regulations in 24 Code of Federal Regulations (CFR) Part 135, as amended by an interim rule published on June 30, 1994 (59 FR 33866); and 6) In the event the Property is sold during the three (3) year construction phase (or an extension of the three (3) year Construction Phase, which extension shall be requested in writing by the SMCRA at least one year prior to the expiration of the three -year construction period or extension and which request shall not be unreasonably denied by OCED), if the Project construction has not been completed within three (3) years of the date of the execution of this document, or if the job creation requirements set forth herein are not complied with, this loan shall become due, the SMCRA shall immediately reimburse the County its $394,000 contribution to the purchase of the Property, plus compound interest at the rate of twelve percent (12 %) and the County's proportional share of any proceeds in excess of the original purchase price of the Property, and the County shall exercise any rights and remedies set forth in the mortgage or other documents associated with this Project and Property as well as any rights or remedies available at law or in equity. This provision shall be secured by the loan documents attached as M w� �� 'a; and, 8) This loan shall be forgiven provided all the requirements provided herein, including requirements in the documents incorporated herein but excluding the affordable housing requirement described in Section 5 herein, are completed to the satisfaction of the County; and 9) A Default shall have occurred if a) the Project is not constructed on a timely basis, notwithstanding any extensions granted by OCED; b) the Project or Property are sold without proper notice and repayment to the County, c) nine (9) jobs are not created as set forth herein and within the time period set forth herein, or if such jobs are not maintained for the specified period of time; or d) if records establishing satisfaction with the requirements of this Agreement are not maintained and made available as set forth herein; and, 10) If an Event that Default occurs, in the determination of the County, the County may so notify SMCRA ( "Default Notice "), specifying the basis for such default, and advising the SMCRA that such default must be cured immediately or this Agreement with the County may be terminated and all amount specified in Section 7 shall become due. Notwithstanding, the County may, in its sole discretion, allow SMCRA to rectify the default to the County's reasonable satisfaction within a thirty (30) day period. The County may grant an additional period of such duration as the County shall deem appropriate without waiver of any of the County's rights hereunder, so long as SMCRA has commenced curing such default and is effectuating a cure with diligence and continuity during such thirty (30) day period or any other period which the County prescribes; and, 11) The County may terminate this Agreement if Borrower attempts to meet its contractual obligation with the County through fraud, misrepresentation or material misstatement. The County may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the County and that such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees and costs. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years in accordance with the County debarment procedures. The Borrower may be subject to debarment for failure to perform and all other reasons set forth in Section 10 -38 of the County Code. In the event that the County terminates this Agreement for the reasons set forth herein, the County may exercise its rights as set forth herein and in the documents incorporated by reference herein; and 12) SMCRA agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State and the County orders, statutes, ordinances, rules and regulations which may pertain to the services or activities required under this Agreement, including but not limited to: a) Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this Contract. b) Miami -Dade County Florida, Department of Business Development Participation Provisions, as applicable to this Contract. C) Environmental Protection Agency (EPA), as applicable to this Contract. d) Miami -Dade County Code, Chapter 11 A, Article 3. All contractors and subcontractors performing work in connection with this Contract shall provide equal opportunity for employment because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous place available for employees and applicants for employment, such notices as may be required by the Dade County Fair Housing and Employment Commission, or other authority having jurisdiction over the work setting forth the provisions of the nondiscrimination law. e) "Conflicts of Interest" Section 2 -11 of the County Code, and Ordinance 01 -199. f) Miami -Dade County Code Section 10 -38 "Debarment ". g) Miami -Dade County Ordinance 99 -5, codified at IIA -60 et. seq. of Miami -Dade Code pertaining to complying with the County's Domestic Leave Ordinance. h) Miami -Dade County Ordinance 99 -152, prohibiting the presentation, maintenance, or prosecution of false or fraudulent claims against Miami -Dade County. Notwithstanding any other provision of this Agreement, SMCRA shall not be required pursuant to this Agreement to take any action or abstain from taking any action if such action or abstention would, in the good faith determination of the SMCRA, constitute a violation of any law or regulation to which SMCRA is subject, including but not limited to laws and regulations requiring that SMCRA conduct its operations in a safe and sound manner. 13) During the performance of this Contract, SMCRA agrees to: not discriminate against any employee or applicant for employment because of race, religion, color, sex, handicap, marital status, age or national origin, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. Such action shall be taken with reference to, but not limited to: recruitment, employment, termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on the job training. By entering into this Contract with the County, SMCRA attests that it is not in violation of the Americans with Disabilities Act of 1990 (and related Acts) or Miami -Dade County Resolution No. R- 385 -95. 14) SMCRA shall not assign this agreement, or any interest therein, without the prior written consent of the other party. 15) In the event that any provision of this agreement is found to be legally unenforceable, such unenforceability shall not prevent enforcement of any other provision of this agreement. 16) This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, and successors. 17) No waiver of any of the provisions of this Agreement shall be deemed to, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any wavier constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party granting the waiver. 18) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained in this agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly it is agreed that no deviation from the terms of the agreement shall be predicated upon any prior representations or agreements whether oral or written. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties. 19) In the event of any litigation arising out of this agreement or project agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 20) Whenever either party desires to give notice to the other, it must be given by hand delivery, facsimile, or written notice, sent by certified United States mail, with return receipt requested or a nationally recognized private mail delivery service, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice and identified the following persons as the contracting officers: FOR OCCD AND MIAMI -DADE COUNTY Miami -Dade County Office of Community and Economic Development 140 West Flaaler, , Suite 1000 Miami. FL 33130 Attention: Director, OCED Miami -Dade County, Florida Office of the County Manager Stephen P. Clark Building 11.1 N.W. First Street, 29th Floor Miami, Florida 33128 With cony to: ATTN: Brenda Kuhns Neuman Miami -Dade County Attorney 111 N.W. I" Street 28`x' Floor Miami. Florida 33128 FOR SMCRA: SMCRA Attention: Stephen David, Acting Director 6130 Sunset Drive City of South Miami, FL 33143 Telephone: (305) 668 -7238 Facsimile: (305) 668 -7356 With a copy to: Eve A. Boutsis, Office of General Counsel Nagin Gallop & Figueredo, P.A. 18001 Old Cutler Road, Suite 556 Palmetto Bay, Florida 33157 Notices given as provided above shall be deemed given and shall be effective when delivered to the addressee at the address set forth above, or when received via certified mail. Either party may change its address to which notices, demands and communications shall be sent by giving written notice thereof to the other party. 21) The parties submit to venue in Miami -Dade County for any action to enforce or arising from this Agreement or the facts that led to this Agreement. 22) This Agreement and any project agreement shall be construed in accordance with and governed by the laws of the State of Florida. 23) Headings are for convenience of reference only and shall not be considered in any interpretation of this agreement. 24) This agreement may be executed in several counterparts, each of which shall be deemed an original and such counterpart shall constitute one and the same instrument. 25) The signatories to this agreement warrant that they are duly authorized by action of their respective SMCRA, OCED, Miami -Dade County Board of County Commissioners, board of directors or other authority to execute this agreement and to bind the parties to the promises, terms, conditions and warranties contained in this agreement. 26) The SMCRA warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and consultant has not, and will not, pay a fee the amount of which is contingent upon the OCED or Miami -Dade County awarding this development agreement and grant to the SMCRA. 2) 7) SMCRA warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this Agreement in violation of any of the provisions of the Miami -Dade County Code, including but not limited to the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance, or the City of South Miami conflict of interest and code of ethics ordinances. 28) This Mortgage shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns, and it shall inure to the benefit of Mortgagee and its successors and assigns and to the benefit of Mortgagor and Mortgagor's heirs, personal representatives and permitted successors and assigns. REPRESENTATIONS 29) Borrower. Borrower represents to the County that it has duly, validly and lawfully entered into this Agreement and that this Agreement constitutes the valid, binding and lawful obligation of Borrower. GENERAL REQUIREMENTS. 30) Compliance with Laws. Borrower shall comply in all material respects, in the acquisition, development, construction and operation of the facility, with all applicable federal,* state and local laws and regulations, to the extent applicable to this type of project, which is not a housing project but is a commercial project for profit. REMEDIES; TERMINATION; FURTHER RIGHTS. 31) General. (1) Subject to any mutually agreed upon extensions of time, nonperformance or delay in the performance by any party of any of its obligations under this Agreement, which is continuing after notice in writing and the expiration of any grace period provided for herein, shall constitute a default entitling the other party to exercise its rights and remedies for such default. (2) Any failure or delay by either party in asserting any of its rights and remedies as to any non - performance or delay in performance by the other party shall not operate as a waiver of any such non - performance or delay in performance or of any rights or remedies. (3) Except as expressly provided otherwise in this Agreement, each right or remedy provided herein is cumulative to other rights or remedies, and the exercise by any party to this Agreement of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same or any other nonperformance or delay in performance by any other party to this Agreement. (4) Each party covenants and agrees that any and all legal actions arising out of or connected with this Agreement shall be instituted in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, or in the United States District Court for the Southern District of Florida, as the exclusive forums and venues for any such action, and each party further covenants and agrees that it will not institute any action in any other forum or venue and hereby consents to immediate dismissal or transfer of any such action instituted in any other forum or venue. In the event of any dispute, claim or legal action of any kind or nature, Borrower shall be responsible for and shall bear its own attorney's fees and costs. (5) This Agreement shall be construed and interpreted as nearly as practicable in accordance with the expressed intent of the parties, so as to uphold the validity of all the provisions hereof. Nevertheless, the provisions of this Agreement are severable, and if any provision is determined to be invalid, unlawful or contrary to public policy, such provision shall be disregarded and the same shall have no effect upon any other provisions hereof, which other provisions shall continue in full force and effect. (6) This Agreement is entered into within, and with reference to the laws of the State of Florida, and shall be governed, construed and applied in accordance with the laws of the State of Florida. (7) If the Project is sold or transferred by Borrower, Borrower shall not be released from its obligation hereunder unless the County consents. In the event of such consent, Borrower shall require the transferee to assume its obligations hereunder in writing. (8) In the event Borrower has defaulted in any material provision of this Agreement and as a consequence of that default the County is required to prepay, repay or refund any CDBG funds received which the County would otherwise have been entitled to retain, or any future CDBG funds shall be withheld which the County would have otherwise been entitled to receive, or the County is required to pay a fine or penalty to HUD, then Borrower shall pay to the County the amount equal to the CDBG funds so required to be repaid, prepaid or refunded by the County or the present value of any future CDBG funds so withheld from the County, or the amount of such fine or penalty assessed plus any reasonable out -of- pocket costs for outside professional fees imposed or required by HUD. (9) The Borrower shall indemnify and hold harmless the County and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including reasonable attorney's 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 Borrower or its employees, agents, servants, partners, principals or subcontractors. The Borrower 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 reasonable attorney's fees which may issue thereon. The Borrower expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Borrower 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. (10) Insurance. The Borrower shall furnish to the County General Services Administration, c/o Risk Management Division, 111 N.W. 1st Street, Suite 2340, Miami, Florida 33128 -1989, original Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements set forth in the FY 2006 Community Development Clock Grant Contract Between Miami -Dade County and South Miami Community Redevelopment Agency and the mortgage executed with this Development Agreement. MISCELLANEOUS PROVISIONS. 32) Recitals. The recitals set forth above shall be incorporated into the terms of this Agreement. 33) No Taxing Power. Nothing in this Agreement shall constitute or require, or be deemed to constitute or require, a pledge of the full faith and credit or taxing power of the County, the State of Florida or any of its political subdivisions, within the meaning of any constitutional or statutory limitation, and no person shall have any right, directly or indirectly, to compel the exercise of the ad valorem taxing power of the County, the State of Florida or any of its political subdivisions for any such payments. 34) Certain Definitions. The following terms used in this Agreement shall have the meanings given to them in or pursuant to the CDBG Regulations and related administrative requirements: "held by or made available to "; "create /retain" or "retain" jobs. 35) No Liability of Officials, Officers or Employees. No official, officer or employee of the County or Borrower shall be personally liable for any non - performance or delay in performance by the County or Borrower, respectively, or for any amount which may become due under any provisions of this Agreement, unless otherwise expressly set forth herein. 36) Approvals. Approvals required of the County or Borrower shall not be unreasonably withheld or delayed. Unless otherwise required by this Agreement and except to the extent in conflict with general law, all approvals or disapprovals shall be provided within thirty (30) days of submission of any documents requiring approval. If no approval or disapproval is given within the time required by this Section, and no extension has been mutually agreed in writing, the approval shall be deemed given and conclusively established. 37) Assignment of Proceeds. Borrower agrees to assign any proceeds to the County from any contract between the County, its agencies or instrumentalities and the Borrower or any firm, corporation, partnership or joint venture in which the Borrower has a controlling financial interest, in order to secure repayment of the Loan. "Controlling financial interest" shall mean ownership, directly or indirectly, to ten percent (10 %) or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent (10 %) or more in a firm, partnership or other business entity. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS. 38) Counterparts. This Agreement may be executed in two or more counterparts, each of which is considered and shall be deemed to be an original. 39) Force Majeure. Neither party shall be responsible for delays in performing any of their respective obligations hereunder when said delay or failure is due to acts of providence or enemies of the government. 40) Term of Agreement. The term of this Agreement shall commence as of the date first written above and shall .expire upon completion of all payments of the Loan due from Borrower, unless sooner terminated by the County as provided herein. Notwithstanding the exercise of termination provisions provided herein, this Agreement shall expire upon SMCRA's completion of all the requirements provided herein but excluding the affordable housing requirement described in Section (5) herein. IN WITNESS WHEREOF, the parties execute this agreement on the respective dates under each signature: The SMCRA, signing by and through its executive director and Chairperson of the SMCRA Board of Directors, both duly authorized to execute same through a resolution of SMCRA; and Miami - Dade County, signing by and through the Mayor or his designee. MIAMI -DADE COUNTY, a political subdivision of the State of Florida. By: Name: Title: Approved as to form and substance: By: Print Name: Title: Dated: South Miami Community Redevelopment Agency By: Name: Title: South Miami Community Redevelopment Agency By: Name: Title: Approved as to form and substance: By: Print Name: Title: Dated: EXHIBIT D THIS INSTRUMENT WAS PREPARED BY: BRENDA KUHNS NEUMAN, ESQ. Assistant County Attorney Miami -Dade County, Florida 111 N.W. First Street, Suite 2810 Miami, Florida 33128 MORTGAGE AND SECURITY AGREEMENT AND ASSIGNMENT OF LEASES, RENTS AND PROFITS THIS MORTGAGE AND SECURITY AGREEMENT AND ASSIGNMENT OF LEASES, RENTS AND PROFITS ( "the "Mortgage "), dated this day of , 2007 by South Miami Community Redevelopment Agency (hereinafter "SMCRA', • "Mortgagor" or "Borrower "), duly created pursuant to Chapter 163, Flordia Statutes, with an address of in favor of MIAMI -DADE COUNTY, a political subdivision of the State of Florida with an address of 111 N.W. First Street, Miami, FL 33128, Attn: County Manager ( "Mortgagee "). WITNESSETH That for good . and valuable consideration, and to secure the payment of the Promissory Note executed by the Mortgagor in favor of the Mortgagee in the original principal amount of three - hundred ninety -four thousand DOLLARS and no /100 (U.S. $ 394,000.00), as the same 'may be renewed, extended or amended, from time to time, and together with all accrual interest, including, without limitation, such interest as may be added to the principal amount under the.terms of such instrument (referred to as the "Note" or the "Promissory Note "), the final payment of which is due on or before the due date provided in the ,Promissory Note and to secure any other indebtedness owed by Mortgagor to Mortgagee, now or hereafter arising under the terms of this Mortgage or in any other instrument constituting additional security for the Note, and all other sums of money secured as provided under this Mortgage, the Mortgagor does grant, bargain, sell, remise, release, and convey unto the Mortgagee, its successors and assigns, the real estate described in Exhibit ,1, which is attached and made a part of this Mortgage, which, together with the property hereinafter described, is referred to herein as the "Property'; TOGETHER WITH: '(a) All buildings and improvements, now or hereafter located on the Property, all privileges and other rights now or hereafter made appurtenant thereto, including, without limitation, all right, title and interest of Mortgagor in and to all streets, roads and public places, opened or proposed, and all easements and rights -of -way, public or private, now or hereafter used in connection with the Property; and (b) All fixtures, fittings, furnishings, appliances, apparatus, goods, equipment, and machinery, including, without limitation, all gas and electric fixtures, radiators, heaters, engines and machinery, boilers, ranges, ovens, elevators and motors, escalators, bathtubs, sinks, water closets, basins, pipes, faucets and other ventilating and air - conditioning, plumbing, lighting and heating fixtures, mirrors, mantels, refrigerating plants, refrigerators, iceboxes, dishwashers, carpeting, furniture, laundry equipment, cooking apparatus and appurtenances, washing machines; dryers, trash compactors, TV antennas, phone systems, incinerators, trash receptacles, sprinklers and fire extinguishing systems, smoke detectors and other fire alarm devices, door bell and alarm systems, screens, awnings, doors, storm and other detachable doors and windows, built -in cases, counters, trees, hardy shrubs and perennial flowers, interior and exterior cleaning, plowing, lawn care, maintenance and repair machinery, vehicles or equipment, and all building material, supplies and equipment now or hereafter delivered to the Property and installed or used in the Property, all other fixtures and personal property of whatever kind and nature owned by the Mortgagor on the date of this Mortgage contained in or hereafter placed in any building standing on the Property; such other goods, equipment, chattels and personal property as are usually furnished by landlords in letting premises of the character hereby conveyed, and all renewals or replacements thereof or articles in substitution thereof, all of the estate, right, title and interest of the Mortgagor in and to all property of any nature whatsoever, now or hereafter situated on the Premises or intended to be used in connection with the operation thereof, all of which shall,be deemed to be fixtures and accessions to the freehold and a part of the realty as between the parties hereto, and all persons claiming by, through or under them, and shall be deemed to be a portion of the security for the indebtedness herein mentioned and secured by the Mortgage. If the lien of this Mortgage on any fixtures or personal property is or becomes subject to a lease agreement, conditional sale agreement or chattel mortgage of the Mortgagor, any and all deposits made thereof or therefor are hereby assigned to the Mortgagee, together with the benefit of any payments now or hereafter made thereon. There is also transferred, set over, and assigned hereby Mortgage to Mortgagee, its successors and assigns, all leases and use agreements of machinery, equipment and other personal property of Mortgagor in the categories hereinabove set forth, under which Mortgagor is the lessee of, or entitled to use, such items, and Mortgagor agrees to execute and deliver to Mortgagee specific separate assignments to Mortgagee -of. such leases and agreements when requested by Mortgagee, but nothing herein constitutes Mortgagee's consent to any financing'of any fixture or personal property, and nothing herein shall obligate Mortgagee to perform any obligations of Mortgagor under any such leases or agreements unless it so chooses, which obligations Mortgagor hereby covenants and agrees to well and punctually perform. The items set forth in this paragraph (b) are sometimes hereinafter separately referred to as "Collateral "; and (c) All rents, royalties, issues, profits, revenue, income and other benefits from the property described in paragraph (a) and (b) hereof to-be applied against the indebtedness and other sums secured hereby, provided, however, that permission is hereby given to Mortgagor so long as no default has occurred hereunder, to collect, receive, take, use and enjoy such rents, royalties, issues, profits, revenue, . income and other benefits as they become due and payable, but not in advance thereof The foregoing assignment shall be fully operative without any further action on the part of either party and specifically Mortgagee shall be entitled, at its option upon the occurrence of a default hereunder, to all rents, royalties, issues, profits, revenue, income and other benefits from the property described in paragraphs (a) and (b) hereof whether or not Mortgagee takes, possession of such property. Upon any such default hereunder, the'permission hereby given to Mortgagor to collect such rents, royalties, issues, profits, revenue, income and other benefits from the property described in paragraphs (a) and (b) hereof shall terminate and such permission shall be reinstated upon a cure of the default upon Mortgagee's specific consent. Neither the exercise of any rights under this paragraph by Mortgagee nor the application of any such rents, royalties, issues, profits, revenue, income or other benefits to the indebtedness and other sums secured hereby, shall cure or waive any default or notice of default hereunder or invalidate any act done pursuant hereto or to any such notice, but shall be cumulative of all other rights and remedies. (d) All right, title and interest of Mortgagor in and to all leases now or hereafter on or affecting the property described in paragraphs (a) and (b) hereof, together with all security therefor and all monies payable thereunder, subject, however, to the conditional permission hereinabove given to Mortgagor to collect the rentals under any such lease. The foregoing assignment of any lease shall not be deemed to impose upon Mortgagee any of the obligations or duties of Mortgagor provided in any such lease, and, Mortgagor agrees to fully perform all obligations of the lessor under all such leases. Upon Mortgagee's request, Mortgagor agrees to send to Mortgagee a list of all leases covered by the foregoing assignment and as any such lease shall expire or terminate or as any new lease shall be made, Mortgagor shall so notify Mortgagee in order that at all times Mortgagee shall have a current list of all leases affecting the property described in paragraphs (a) and (b) hereof. Mortgagee shall have the right, at any time and from time to time, to notify any lessee of the rights of Mortgagee as provided by this paragraph. From time to time, upon request of Mortgagee, Mortgagor shall specifically assign to Mortgagee as additional security. hereunder, by an instrument in writing in such form as may be approved by Mortgagee, all right, title and interest of Mortgagor in and to any and all leases now or hereafter on or affecting the Premises, together with all security therefor and all monies payable hereunder, subject to the conditional permission hereinabove. given to Mortgagor to 'collect the rentals under any such lease. Mortgagor shall execute and deliver to Mortgagee any notification, financing statement or other document reasonably required by Mortgagee to perfect the foregoing assignment as to any such lease. (e) To the extent of the indebtedness secured herein, all judgments, awards of damages and settlements hereafter made as a result of or in lieu of any taking of the Property or any part thereof or interest therein under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Property . or the improvements thereon or any part thereof or interest therein, including any award for change of grade of streets. (f) To the extent of the indebtedness secured herein, all insurance policies covering all or any portion of the Property and all blueprints, plans, maps, documents, books and records relating to the Property. (g) To the extent of the indebtedness secured herein, all proceeds of the conversion, . voluntary or involuntary, of any of the foregoing into cash or liquidated claims. TO HAVE AND TO HOLD the above granted Property, with all the privileges and appurtenances to the same belonging to the said Mortgagee, its successors and assigns, to, its and their use and behoof forever. PROVIDED, HOWEVER,. that if the Mortgagor shall_ pay or cause to be paid to the Holder of the Note principal and interest under the Note, at the time and in the manner stipulated therein, and shall pay or cause to be paid all other sums payable hereunder and all indebtedness hereby secured, then, in such case, the estate, right, title and interest of the Mortgagee in the Property shall cease, determine and become void and the Mortgagee shall, cancel, release and discharge this Mortgage. ARTICLE ONE Mortgagor's Covenants Mortgagor covenants and agrees with Mortgagee that: 1.01 Title. a. The Mortgagor warrants that:, it has good and marketable title to an indefeasible fee simple estate in the Property, subject to no liens, charges or encumbrances other than the lien of this Mortgage and of any encumbrances, if any, described on Exhibit 2 hereto ( "Permitted Encumbrances "); that it has good right and lawful authority to mortgage the Property in the manner and form herein provided; that Mortgagor has full power and authority to mortgage the Property in the manner and form herein done or intended hereafter to be done; that this Mortgage is and shall remain a valid and enforceable lien on the Property, subject only to those of the Permitted Encumbrances which are stated � on Exhibit 2 hereto to constitute "Prior Encumbrances "; that Mortgagor and its successors and assigns shall warrant and defend the same and priority of this lien forever against the lawful claims and demands of all persons` whomsoever (other than the Prior Encumbrances); and, that this covenant shall not be extinguished by any foreclosure hereof but shall run with the land. b. Mortgagor shall maintain the property free of all security interests, liens and encumbrances, other than Permitted Encumbrances, the security interest hereunder or any lien or encumbrance disclosed to and approved by Mortgagee in writing. c. The Mortgagor shall do, execute, acknowledge and deliver , all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers and assurances as the Mortgagee shall from time to time require, for the better assuring, conveying, assigning, transferring and confirming. unto- the Mortgagee the property and rights hereby conveyed or assigned or intended now or hereafter so to be, or which the Mortgagor may be or may hereafter become bound to convey or assign to the Mortgagee, or for carrying out the intention of facilitating the performance of the terms of this Mortgage, or for filing, registering or recording this Mortgage and, on demand, shall execute and deliver, and hereby authorizes the Mortgagee to execute in the name of the Mortgagor to the extent it may lawfully do so, one or more financing statements, chattel mortgages or comparable security instruments, to evidence more effectively the lien hereof upon the Collateral. d. The Mortgagor shall, upon the execution of this Mortgage, the Declaration of Restrictions, the Development Agreement, and the Note (the "Loan Documents "), cause all recordable Loan Documents, to be filed, registered or recorded in such manner and in such places as may required by any present or future law in order.to.publish notice of and fully to protect the lien hereof upon, and the interest of the Mortgagee in the Property. C. The Mortgagor shall pay for all filing, registration or recording fees, and all expenses incident to the preparation, execution and. acknowledgment of this Mortgage, any mortgage supplemental hereto, any security instrument with respect to the Collateral, and any instrument of further assurance, and all federal, state, county and municipal stamp taxes and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of the Note, this Mortgage, any mortgage supplemental hereto, any security instrument with respect to the Collateral or any instrument of further assurance. f. The Mortgagor, so long as all or part of the indebtedness secured hereby is outstanding shall preserve in its present form and keep, in full force and effect its existence, as a legal entity under the laws of the state of its formation and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental authority or court applicable to the Premises or any part thereof 1.02 Payment of Note and Escrow Account. a.' The Mortgagor shall promptly and punctually pay principal, interest, and all other sums due or to become due pursuant to the terms of the Note, in the time and manner set forth therein. On the first day of each month until said Note is fully paid, a sum,. as estimated by the Mortgagee, equal to the total rental payments due under any ground leases which have not been 21 i subordinated to this Mortgage, if any, and the taxes and special assessments next due on the Property encumbered by this Mortgage, plus the premiums that will next become due and payable on insurance policies as may be required under section 1.05 hereof, less all sums already paid for each divided by the number of months to elapse before one (1) month prior to the date when such ground rents, premiums, taxes and special assessments will become delinquent, shall be segregated by' the Mortgagor to pay said ground rents, taxes, special assessments and insurance premiums. Such segregated sums shall be held by Mortgagor in interest bearing accounts and shall be kept separate and apart. from other funds of the Mortgagor. Mortgagor shall, at the written request of the Mortgagee,, furnish any . information requested by Mortgagee concerning such accounts. The Mortgagor shall pay the ground rents, taxes, special assessments and insurance premiums when each is due (the "Reserve Payments ") and before they become delinquent. In the event the Mortgagor is late in making any of the Reserve Payments, the Mortgagee may require the Mortgagor to deposit the Reserve Payments with the Mortgagee on the first of each month until the Note is paid in full. The Reserve Payments should be held by the Mortgagee without any allowance . of interest to' the Mortgagor and need not be kept separate and apart of other, funds of the Mortgagee. All payments mentioned in this paragraph and all payments to be made under the Note secured hereby shall be added together and the aggregate amount - thereof shall be paid by the Mortgagee to the following items in the order set forth: (i) said ground' rents, if any, taxes, special assessments, fire and other hazard insurance premiums, (ii) interest on the Note secured hereby; and (iii) amortization of the principal of said Note. Notwithstanding the foregoing escrow . requirements, the Mortgagor shall not be obligated to segregate, or to pay to the Mortgagee, ground rents, if any, taxes, special assessments, fire and other hazard insurance premiums if the Mortgagor is required to pay such sums to the Holder of a Permitted Encumbrance.. b. The arrangement provided for in the section 1.02 is solely for the added protection of the - Mortgagee and entails no responsibility, on the Mortgagee's part beyond the allowing of due credit, without interest; for the sums actually received by it. Upon assignment of the Mortgage by the Mortgagee, any funds on hand shall be turned. over to the new mortgagee and any responsibility of the Mortgagee for such funds shall terminate. C. If the total of any Reserves described in section 1.02(a) hereof shall exceed the amount of payments actually applied by Mortgagee as set forth in section 1.02(a) any excess Escrow Funds may be credited by Mortgagee to subsequent Escrow payments coming due or, at the option of the Mortgagee, refunded to the Mortgagor. Any deficiency in the Escrow Account shall be paid by the Mortgagor within five (5) business days from receipt of written notification from the Mortgagee that the deficiency has occurred. If there shall be a default under any of the provisions of this Mortgage, the Mortgagee may apply any excess Escrowed Funds against the amounts due and payable under the Loan Documents. 1.03 Maintenance and Repair. The Mortgagor shall keep the Property in good condition and operating order and shall not commit or permit any waste thereof. Mortgagor shall diligently � , maintain the Property and. make any needed repairs, replacements, renewals, additions and improvements, and complete and restore promptly and in a good workmanlike manner. Mortgagor shall not remove any part of the Collateral from the Property or demolish any part of the Property or materially alter any part of the Property without the prior written consent of the Mortgagee. Mortgagor shall permit Mortgagee or its agents the opportunity to inspect the Property, including the interior of any structures, at any reasonable time. 1.04 Compliance with Laws. The Mortgagor shall comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property or the operation thereof, and shall pay all fees or charges of any kind in connection therewith. 21 7 1.05 Insurance a. The Mortgagor shall keep all buildings and improvements now or hereafter situated on the Property insured against loss or damage by fire and other hazards as may reasonably be required by Mortgagee, including, without limitation: (i) rent. loss or business interruption insurance whenever in the opinion of Mortgagee such protection reasonably is necessary; and (ii) flood and earthquake insurance whenever in the opinion of Mortgagee such protection is reasonably necessary. Mortgagor shall also provide liability insurance with such limits for personal injury and death and property damage as Mortgagee may require. b. The Mortgagor. shall initially maintain, until Mortgagee shall otherwise indicate in writing, fire and extended coverage insurance in an amount of not. less than the full replacement cost of the Property, with 90% coinsurance, and both "agreed amount" and "inflation guard" coverages with deductibles not to exceed three percent (3.0/o) of the value of the property. The policy shall be written by a company or companies having a Best's rating of at least A:IX. Liability insurance shall be provided in an amount of not less than one million ($1,000,000.00) or any greater amount required by the Contract between Miami -Dade County and the Mortgagor dated 199_ (hereinafter "Development Agreement ") and rental or business interruption insurance in an amount sufficient to cover any loss of rents or income for the Property suffered by the Mortgagor for a period of up to twelve (12) months. C. All policies of insurance to be furnished hereunder shall be in a form satisfactory to Mortgagee, with Standard Mortgagee Clauses attached to all policies in favor of the Mortgagee, including a provision requiring that the coverage evidenced thereby- shall not be terminated or materially modified without thirty (30) days' prior written notice to the Mortgagee. Mortgagor shall deliver all policies, including. additional and renewal policies, to Mortgagee and shall deliver renewal policies not less than ten (10) days prior to their expiration date except that if the originals of such -policies are at any time held by the. holder of a Prior "Encumbrance, then Mortgagor, shall deliver to Mortgagee certified copies of such policies together with original certificates hereof. The Mortgagee, shall be shown as additional insured with respect to this coverage. d. No separate insurance shall be taken out by the Mortgagor without the prior written approval of the Mortgagee. In the event the Mortgagee approves additional insurance, the Mortgagor shall immediately notify Mortgagee whenever any separate insurance is issued and shall promptly deliver to Mortgagee certified copies of the policy or policies of such insurance. All additional insurance_ policies shall be in the form required by paragraph (c) above. In the event of a foreclosure, or other transfer of title to the Property in lieu ' of foreclosure or by purchase at the foreclosure sale all interest in any insurance policies in force shall pass to Mortgagee, transferee or purchaser as the case may be, and to the holders of the Permitted Encumbrances as their interests may appear. 21 1.06 Casual Mortgagor shall promptly notify Mortgagee of any loss whether covered by insurance or not. In case of loss or damage by fire or other casualty, Mortgagee shall have the right to approve the settlement of any claim made under insurance policies covering the Property or to allow Mortgagor to agree with the insurance company or companies on the amount to be paid in regard to such loss. Provided that there is no default hereunder, such insurance proceeds shall be paid. to the Mortgagee to the. extent of the indebtedness held by the Mortgagee without any allowance of rebuilding or restoration of buildings or improvements on said Property. Such proceeds shall be used to retire the indebtedness unless the Mortgagor demonstrates to the satisfaction of the Mortgagee that the Property may be restored to at least equal value and substantially the same character in which case the proceeds shall be made available to the Mortgagor for rebuilding or restoration of buildings or improvements on said Property. In that event, such proceeds shall be made available in the manner and under the conditions that the Mortgagee may require, including without limitation: (i) approval of plans and specifications of such work before such work shall be commenced; (ii) suitable completion or performance bonds and'Buildees All Risk insurance; and (iii) no insurer claims any rights of participation and/or assignment of rights with respect to the indebtedness secured hereby. The buildings and improvements shall be so restored or rebuilt so as to be of at least equal value and substantially the same character as prior to such damage or destruction. Any surplus which may remain out of said insurance proceeds after payment of such cost of rebuilding or restoration shall, at the sole option of the Mortgagee, be applied on account of the indebtedness secured hereby or be paid to Mortgagor. Any insurance proceeds received by Mortgagor pursuant to the provisions of this section 1.06 shall remain subject to the lien of this Mortgage, and no holder of any Permitted Encumbrance shall attach, garnish, execute or otherwise attempt to compel payment or delivery of such sums to it or to any other person so long as such sums are used or are to be -used for the purposes set forth in this paragraph 1.06. The provisions of this section shall be interpreted and complied with pursuant to the Development Agreement and said agreement's provisions and conditions allowing for forgiveness of monies owed under this Mortgage. 1.07 Condemnation. The Mortgagor, immediately upon obtaining knowledge of the institution of any proceeding for the condemnation of the Property or any portion thereof, shall notify Mortgagee in writing of the pendency thereof. The Mortgagor hereby assigns, transfers and sets over unto the Mortgagee to the extent of the indebtedness secured herein, all compensation, rights of action, proceeds of any award and any claim for damages for any of the Property taken or damaged under the power of eminent domain or by condemnation or by sale of the Property in lieu thereof. Mortgagee may, at its option, commence, appear in and prosecute, in its own name, and for its own account, any action or proceeding, or make. any compromise or settlement, in connection with the condemnation, taking under the power of eminent domain, or sale in lieu thereof. After deducting therefrom all of its reasonable expenses, including attorneys' fees, the Mortgagee shall apply the proceeds of the award to the reduction of the indebtedness secured by this Mortgage unless Mortgagor demonstrates to the satisfaction of the Mortgagee that the value r and . character of . the Property shall .be. maintained, in which case, the Mortgagee shall hold said proceeds without any allowance of interest and make them available for restoration or rebuilding of the Property. In the event that the Mortgagee elects to make said proceeds available to reimburse Mortgagor for the cost of the rebuilding or restoration of the buildings or improvements on said Property, such proceeds shall be made available in the manner and under the conditions that the Mortgagee may require provided under Section 1.06 above. If the proceeds are made available by the Mortgagee to reimburse the Mortgagor for the cost of said rebuilding or restoration, any surplus which may remain out of said award after payment of such cost of rebuilding or restoration shall at the option of the Mortgagee be applied on account of the indebtedness secured hereby or be paid to Mortgagor. Mortgagor agrees to execute such further assignments of any compensation, award, damages, right of action and proceeds, as Mortgagee may require. Any sums received by Mortgagor pursuant to the provisions of this paragraph 1.07 shall remain subject to the lien of this Mortgage, and no holder of any Permitted Encumbrance shall attach, garnish, execute or otherwise attempt to compel payment or,delivery of such sums to it or to any other person so long as such sums are used or are to be used for the purposes set forth in this paragraph 1.07. 1.08 Liens and Encumbrances. The Mortgagor shall not, without the Mortgagee's express written consent, permit the creation of any liens or encumbrances on the Property other than the lien of this Mortgage and of any Permitted Encumbrances, and shall pay when due all obligations, lawful claims or demands of any person, which, if unpaid, might result in, or permit,the creation of, a lien or encumbrance on the Property or on the rents, issues, income and profits arising therefrom, whether such lien would be senior or subordinate hereto, including all claims of mechanics, materialmen, laborers �and others for work or' labor performed, or materials or supplies furnished in connection with any work done in and to the Property and the Mortgagor will do or cause to be done everything. necessary so that the lien of this Mortgage is fully preserved, at no cost to the Mortgagee. For the purposes of this section, a notice of commencement issued by a contractor shall not be considered a lien and shall not trigger the default provisions of this loan. 1.09 Taxes and Assessments. The Mortgagor shall pay in full when due, and in any event before any penalty or interest attaches, all general taxes and assessments, special taxes, special assessments, water charges, sewer service charges, and all other charges against the Property and shall furnish to Mortgagee official receipts evidencing the payment thereof. 1.10 Indemnification. The Mortgagor shall appear in and defend any suit, action or proceeding that might in any way, as determined in the sole judgment of Mortgagee, affect the value of the Property, the priority of this Mortgage or the rights and powers of Mortgagee. Mortgagor shall, at all times, indemnify, hold harmless and on demand, shall reimburse Mortgagee for any and all loss, damage, expense or cost, including cost of evidence of title and attorneys' fees, arising out of or incurred in connection with any such suit, action or proceeding, and the sum of such expenditures shall be secured by this Mortgage and shall bear interest at the rate provided in the Note secured hereby and shall be due and payable on demand. Mortgagor shall pay cost of suit, 21 to cost of evidence of title and reasonable attorneys' fees in any proceeding or suit, including appellate proceedings, brought by Mortgagee to foreclose this Mortgage. 1.11 Sale of Property. a. In order to induce Mortgagee to make the loan evidenced by the Note, Mortgagor agrees that if the Property or any part thereof or interest therein is sold, assigned, transferred, conveyed, further mortgaged, encumbered, 'or otherwise alienated by Mortgagor, whether voluntarily, involuntarily or by operation of law, or that if the person(s) managing the Property is replaced, in either or any case without the, prior written consent of Mortgagee, Mortgagee, at its option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable .within fifteen (15) days of written notice, provided, however, Mortgagee shall not withhold its consent unless such mortgaging or encumbering of the Property, or change to its ownership or management will have a material adverse affect on the Mortgagee's security for the indebtedness secured by this Mortgage. The Mortgagee may condition its consent upon an increase in the interest rate of the Note to the then current market rate for new loans secured by property similar to the Property, and the Mortgagor shall pay all costs incurred thereby, including . any costs of amending the Note and Mortgage and of obtaining a title insurance endorsement. In addition, the Mortgagee may charge a' fee for processing any application seeking the consent of Mortgagee. b. Any change in the legal or equitable title of the Property or in the beneficial ownership of the Property, whether or not of record and whether or not for consideration, or sale or other disposition of the stock of the borrowing entity except by devise or descent, shall be deemed a transfer of an interest in the Property. In connection herewith, the financial stability and managerial and operational ability of Mortgagor are a substantial and material consideration to Mortgagee in its agreement to make the loan to Mortgagor secured by the Mortgage. The Mortgagor acknowledges that the transfer of an interest in the Property or change in the person or entity operating and managing the Property may significantly or materially alter and reduce Mortgagee's security for the indebtedness secured hereby. C.- In the event that ownership of the Property, or any part thereof, becomes vested in any person or persons' other than Mortgagor, without the prior written approval of Mortgagee, the Mortgagee I may, waive such default and substitute the Mortgagor with the Mortgagor's successor or successors.in interest in the same mariner as with Mortgagor, without in any way releasing, discharging or otherwise affecting the liability, of Mortgagor hereunder, or the Mortgage indebtedness hereby secured. No sale of the Property, no forbearance on the part of Mortgagee, no extension of the time for the payment of the Mortgage indebtedness or any change in the terms thereof consented to by Mortgagee shall in any way whatsoever, operate to release, discharge, modify, change or affect the original liability of Mortgagor herein, either in whole or in part, nor shall the full force and effect of this lien be altered thereby. Any deed conveying the Property, or any part thereof, shall provide that the grantee thereunder assumes all of the grantor's obligations under this Mortgage, the Note and all other instruments or agreements evidencing or securing the repayment of the Mortgage indebtedness. In the event such deed shall not contain such provisions, the grantee under such deed, shall be deemed to assume, by its acquisitions of the Property all the obligations established by the Loan Documents. d. Mortgagor shall not sell, assign, transfer or otherwise dispose of the Collateral or any interest therein and shall not do or permit anything to be done that may impair the Collateral without the prior consent of the Mortgagee, unless the Mortgagor is not in default under the terms of this Mortgage and the Collateral which is to be disposed is fully depreciated or unnecessary for use in the operation of the Property. 1.12 Manauement. The Mortgagor agrees that the Mortgagee shall have the right to employ professional management for the Property at any time that the Mortgagor is in default under any provision of this Mortgage for a period of more than forty-five (45) days. Such employment shall be at the sole discretion of the Mortgagee and NOTHING herein shall obligate the Mortgagee to exercise its right to install professional management. The cost of such management shall be borne by Mortgagor and shall be treated as an advance under Section 1. 13. 1.13 Advances. If Mortgagor shall fail to perform any of the covenants herein contained or contained in any.instrument constituting additional security for the Note, the Mortgagee may, without creating an obligation to do so, make advances on its behalf. Any and all 'sums so advanced shall be a lien upon the Property and shall become secured by this Mortgage. The Mortgagor shall repay on'demand all sums so advanced in its behalf with interest at the rate of eighteen percent (18 %) percent or the maximum rate allowed by law, whichever is greater, per annum in excess of the rate of the Note at the time of such advance. Nothing herein contained shall prevent any such failure to perform on the part of Mortgagor from constituting an event of default as defined below. 1.14 Financial Statements. The Mortgagor shall deliver to Mortgagee, within ninety (90) days after the end of each of Mortgagor's fiscal years, a balance sheet and statement of profit and loss with respect to the operation of the Property for the fiscal year just completed and beginning with the second such fiscal year after the recordation of the Loan Documents, a.comparison of the just completed fiscal year with the preceding -fiscal year's balance sheet and statement of profit and loss, all in reasonable detail and certified as complete and correct, by the Mortgagor and a Certified Public Accountant. 1.15. Time. The Mortgagor agrees that time is of the essence hereof in connection with all obligations of the Mortgagor herein or in said Note or any other instruments constituting additional security for said Note. 21 12 1.16 Estoppel Certificates. The Mortgagor within ten (10) days from receipt of written request, shall furnish a duly acknowledged written statement setting forth the amount of the debt secured by this Mortgage, and stating either that no set -offs or defenses exist against the Mortgage debt, or if any such setoffs or defenses are alleged to exist, the nature thereof. 1.17 Records. The Mortgagor agrees to keep adequate books and records of account in accordance with generally accepted accounting principles and shall permit the Mortgagee, and its agents, accountants and attorneys, to visit and inspect the Property and examine its books and records of account, and to discuss its affairs, finances and accounts with the Mortgagor, at such reasonable times as Mortgagee may request., 1.18 Assignment of Rents and Leases. Mortgagor agrees to execute and deliver to Mortgagee such assignments of .the leases and rents applicable to the Property as the Mortgagee may from time to time request while this Mortgage and the Note and indebtedness secured by this Mortgage are outstanding. 1.19 Subordination to Prior Encumbrances. Notwithstanding anything herein which is or which may appear to be to the contrary, the lien of this Mortgage and Mortgagee's rights hereunder are subordinate and inferior. to the lien of those Permitted Encumbrances (if any) whether now existing or hereafter created which are stated on Exhibit 2. Mortgagee agrees, by its acceptance hereof, that no action required to be' taken by Mortgagor under the express terms of any Prior Encumbrance shall constitute a default or any Event of Default hereunder, provided however, that such actions are not inconsistent with Mortgagor's obligations set forth 'in the Note or in paragraph 1.20(c) below. 1.20 Leases Affecting Mortgaged Property. a. Mortgagor shall comply with and observe its obligations as landlord under all leases affecting the Property or any part thereof. Upon request, Mortgagor shall furnish promptly ' to Mortgagee executed copies of all such leases now existing or hereafter created. Mortgagor shall not, without the express written consent of Mortgagee, enter .any lease except upon forms approved by Mortgagee. Mortgagor shall not accept payment of rent more than one (1) month in advance without prior written consent of Mortgagee. Nothing contained in this Section 1.20 or elsewhere in this Mortgage shall be construed to make Mortgagee ' a mortgagee in possession unless and until Mortgagee actually takes possession of the Mortgaged Property either in person or through an agent or receiver. b. To the extent allowable by applicable law, each lease of the Mortgaged Property, shall be entered into in a form provided by the Mortgagee and shall provide that, in the event of the enforcement by Mortgagee of the remedies provided for by law or by this Mortgage, the lessee thereunder will, if requested by Mortgagee or by any person succeeding to the interest of 13 Mortgagor as the result of said enforcement, automatically become the lessee of Mortgagee or any such successor in interest, without any change in the terms or other provisions of the respective lease, provided, however, that Mortgagee or said successor in interest shall not be bound by (i) any payment of rent or additional rent for, more than one (1) month in advance, except prepayments in the nature of security for the performance by said lessee of its obligations under said lease; or (ii) any amendment or modification in the lease made without the consent of Mortgagee or any successor in interest. Each lease shall also provide that, upon request by said successor in interest, the lessee shall execute and deliver an instrument or instruments confirming its attornment. C. Intentionally left blank. 1.21 Intentionally left blank. 1.22. Incorporation of Contract. Mortgagor agrees and covenants to abide by all the terms and conditions of the Development Agreement, or OCED Contract, executed on , 2007. The Development Agreement, or. OCED Contract, is incorporated herein by reference as if 'fully set forth herein. A default of any provision of the OCED Contract shall be deemed an Event of Default under this Mortgage. ARTICLE TWO Default 2.01 Events of Default. The following shall be deemed to be Events' of Default hereunder: a. Failure to make any payment when due in accordance with the terms of the Note secured by this Mortgage or failure to make any additional payments required by this Mortgage within fifteen days (15 ) of the date on which such payments were due. b. Failure to keep or perform any of the other terms, covenants and conditions in this Mortgage provided that such failure shall have continued for a period of thirty (30) days after written notice of such failure from the Mortgagee. C. After written notice from Mortgagee and an opportunity to cure of thirty (30) days from such written notice, continued breach of any warranties or representations given by Mortgagor to Mortgagee in connection with the Loan Documents. d. An event of default under or institution of foreclosure or other proceedings to enforce any Permitted Encumbrance or any other mortgage or security interest, lien or encumbrance of any kind upon the Property or any portion thereof. 21 14 e. The Mortgagor, or any successor or assign including, without limitation, the current owners of any interest in the Property shall: (i) file a petition under the Federal Bankruptcy Code or any similar law, state or federal, whether now or hereafter existing (hereafter referred to as a "Bankruptcy Proceeding"); or (ii) file any answer admitting insolvency or inability to pay debts, or (iii) fail to obtain a vacation or stay of any Insolvency Bankruptcy Proceeding within forty-five (45) days, as hereinafter provided; or . (iv) be the subject of an order for relief against it in any Bankruptcy Proceeding; or (v) have a custodian or a trustee or receiver appointed for or have any court take jurisdiction of its property, or the major part thereof, in any involuntary proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation if such receiver or trustee shall not be discharged or if such jurisdiction relinquished, vacated or stayed on appeal or otherwise within forty -five (45)'days; or, (vi) make an assignment for the benefit of its creditors; or (vii) admit in writing its inability to pay its debts generally as they become due; or (viii) consent to an appointment of custodian or receiver or trustee of all of its property, or the major part thereof. f. Intentionally left blank. g. Failure of the Mortgagor to comply with the requirements of the Development Agreement, or OCED Contract, including any failure by the Mortgagor to provide job creation, as set forth in the Development Agreement. h. After the applicable grace periods have expired, failure to comply with the terms of the Development Agreement between the Mortgagor, as Borrower, and Miami -Dade County, as Lender; the Note; and any other instruments, now or hereafter executed by Owner in favor of Dade County, which in any manner constitute additional security for the Note. 21 IS 2.02 Remedies. a. Upon and after any such Event of Default, the Mortgagee, by written notice given to the Mortgagor, may declare the entire principal of the Note then outstanding (if not then due and payable), and all accrued and unpaid interest thereon, all premium payable thereunder, and all other obligations of Mortgagor hereunder,' to be due and payable immediately, and upon any such declaration the principal of the Note and said accrued and unpaid interest shall become and be immediately due and payable, anything in the Note or in this Mortgage to the contrary notwithstanding. b. Upon and after any such Event of Default, the Mortgagee or by its agents or attorneys, may enter into and upon all or any part of the Property, and each and every part thereof, and may exclude the Mortgagor, its agents and servants wholly therefrom; and having and holding the same, may use, operate, manage and control the Property and conduct the business thereof, either personally or by its superintendents, managers, agents, servants, attorneys or receivers and upon every such entry, the Mortgagee, at the expense of the Property, from time to time, either by purchase, repairs or construction, may maintain and restore the Property, whereof it shall become possessed as aforesaid, and, from time to time, at the expense of the Property, the Mortgagee may make all necessary or proper repairs, renewals and replacements and such useful alterations, additions, betterments' and improvements thereto and thereon as to -it may seem advisable, and in every such case the Mortgagee shall, have the right to manage and operate the Property and to carry on the business thereof and exercise all rights and powers of the Mortgagor with respect thereto either in the name of the Mortgagor or otherwise as it shall deem best, and the Mortgagee shall be entitled to collect and receive all earnings, revenues, rents, issues, profits and income of the Property and every part thereof, all of which shall for all purposes constitute property of the Mortgagor; and after deducting the expenses of conducting the. business thereof, and of all maintenance, repairs, renewals, replacements, alterations, additions, betterments and improvements and amounts necessary to pay for taxes, assessments, insurance and prior or other proper charges upon the Property or any part thereof, as well as just and reasonable compensation for the services of the Mortgagee its attorneys, counsel, agents, clerks, servants and other employees by it properly and reasonably engaged and employed, the Mortgagee shall apply the moneys arising as aforesaid, first, to the payment of the principal of the Note and the interest thereon, when and as the same shall become payable, and second, to the payment of any other sums requiredl to be paid by the Mortgagor under this Mortgage. C. Upon and after any such Event of Default, the Mortgagee shall have all of the remedies of a Secured Party under the Uniform Commercial Code of Florida, Sec. 671 -689 et al. F.S., as amended from time to time, including without limitation the right and power to sell, or otherwise dispose of the Collateral or any part thereof, and for that purpose may take immediate and exclusive possession of the Collateral, or any part thereof, and with or, without judicial process, enter upon any Property on which the Collateral, or any part thereof, may be situated and remove 21 16 the same therefrom without being deemed guilty of trespass and without liability for damages thereby occasioned, or at Mortgagee's option Mortgagor shall assemble the Collateral and make it available to the Mortgagee ,at the place and at the time designated in the demand. Mortgagee shall be entitled to hold, maintain, preserve and prepare the Collateral for sale. .Mortgagee without removal may render the Collateral unusable and dispose of the Collateral on. the Property. To the extent permitted by law, Mortgagor expressly waives any notice of sale or other disposition of the Collateral and any other right or'remedy of Mortgagee 'existing after default hereunder, and to the extent any such notice is required and cannot be waived, Mortgagor agrees that, as it relates to, this paragraph c. only, if such notice is marked, postage prepaid, to the Mortgagor at the above address with copies of said notice mailed in the same fashion to the president of the Mortgagor, at least fifteen (15) days before the time of the sale or disposition, such notice shall be deemed reasonable and shall fully satisfy any requirement for giving of said notice. d. Upon and after any such Event -of Default, the Mortgagee, with or without entry, or by its agents or attorneys, insofar as applicable, may: (i) sell the Property to the extent permitted and pursuant to the procedures provided by law, and all estate, right, title and interest, claim and demand therein, and right of redemption thereof, at one or more sales as an entity or in parcels, and at such time and place upon such terms and after such terms and after such notice thereof as may be required, or (ii) institute proceedings for the complete or partial foreclosure of this Mortgage, or (iii) apply to any court of competent jurisdiction for the appointment of a receiver or receivers for the Property and of all the earnings, revenues, rents, issues, profits and income thereof, or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding in equity or at law for the specific performance of any covenant, condition or agreement in the Note, or in this Mortgage, or in aid of the execution of any power herein granted, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect. C. The Mortgagee may adjourn from time to time any sale by it to be made under or by virtue of this Mortgage by announcement at the time and place appointed for such sale or for such adjourned sale or sales; and, except as otherwise provided by any applicable provision of law, the Mortgagee, without 'further notice or publication, . other than that provided in sub - paragraph 2.02(c) above may make such sale at the time and place to which the same shall be so adjourned. 21 17 f. Upon the completion of any sale or sales made by the Mortgagee under or by virtue of this Section, the Mortgagor, or an officer of any court empowered to do so, shall execute and deliver to the accepted purchaser or purchas ers a good and sufficient instrument; or good and sufficient instruments, conveying, assigning and transferring, all estate, right, title and interest in and to the property and rights sold. The Mortgagee is hereby appointed the true and lawful attorney irrevocable of the Mortgagor, in its name and stead, to make all necessary conveyances, assignments, transfers and deliveries of the Property and rights so sold, and for that purpose. the Mortgagee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, the Mortgagor hereby ratifying and confirming all that its said attorney or such substitute or substitutes shall lawfully do by virtue hereof. This power of attorney shall be deemed to be a power coupled with an interest and not subject to revocation. Nevertheless,. the Mortgagor, if so requested by the Mortgagee, shall ratify and confirm any such sale or sales by executing and delivering to the Mortgagee or to such purchaser or purchasers all such instruments as may be advisable,'in the judgment of the Mortgagee, for the purpose, and as may be designated in such request. Any such sale or sales made under or by virtue of this, Section whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, interest, claim and demand whatsoever, whether at law or in equity, of the Mortgagor in and to the properties and rights so sold, and shall be a perpetual bar both at law and in equity against the Mortgagor and against any and all persons claiming or who may claim the same, or any part thereof from, through or under the Mortgagor. g. In the event of .any sale made under or by virtue of this Section .(whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale), the entire principal of, and interest on, the Note, if not previously due and payable, and all other sums required to be paid by the Mortgagor pursuant to this Mortgage, immediately. thereupon shall, anything in the Note or in this Mortgage to the contrary notwithstanding, become due and payable. h. The purchase money proceeds or avails of any sale made under or by virtue of this Section, together with any other sums which then may be held by the Mortgagee under the provisions of this Section or otherwise, shall be applied as follows: First: To the payment of the costs and expenses of such sale, including reasonable compensation to the Mortgagee, its agents and counsel, and of any judicial proceedings wherein the same may be made, and of all expenses, liabilities and advances made or incurred by the Mortgagee under this Mortgage, together with interest at the rate for advances hereunder in Section 1. 13. Second: To the payment. of any other sums required to be paid by the Mortgagor pursuant to any provisions. of this Mortgage or of the Note. ?I Is Third: To the payment of the whole amount then due, owing or ,unpaid upon the Note for principal and interest, with interest on the unpaid principal and accrued interest at the rate specified in the Note, from and after the happening of any Event of Default described above from the. due date of any such payment of principal until the same is paid. Fourth: To the payment of the surplus, if any, to the Mortgagor or whomsoever is lawfully entitled to receive the same. Upon any sale made under or by virtue of this Section, whether made under the power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale, the Mortgagee may bid for and acquire the Property or any part thereof and in lieu of paying cash therefor may make settlement for the purchase price by crediting . upon the indebtedness of the Mortgagor_ secured by this Mortgage the net sales price after deducting therefrom the expenses of the sale and the cost of the action and any other sums which the Mortgagee is authorized to deduct under this Mortgage. The Mortgagee, upon so acquiring the Property, or any part thereof shall be entitled to hold, lease, rent, operate, manage and sell the same in any manner provided by applicable laws. 21 19 ARTICLE THREE Miscellaneous Terms and Conditions 3.01 Leases. In the event the Mortgagee shall institute judicial proceedings to foreclose the lien hereof, and shall be appointed as a mortgagee in possession of the Property, the Mortgagee during such time as it shall be the Mortgagee in possession of the Property pursuant to an order or decree entered in such judicial proceedings, shall have, and the Mortgagor hereby gives and grants . to the Mortgagee, the right, power and authority to make and enter into leases, of the Property or the portions thereof for such rents and for such periods of occupancy and upon,such conditions and provisions as mortgagee in possession may deem desirable, and Mortgagor expressly acknowledges and agrees that the term of any such lease may extend beyond the date of any sale of the Property pursuant to a decree rendered in such judicial proceedings; it being the intention of the Mortgagor that while the Mortgagee is a Mortgagee in possession of the Property pursuant to an order or decree entered in such judicial proceedings,. such Mortgagee shall be deemed to be and shall be the attorney -in -fact of the Mortgagor for the purpose of making and entering into leases of parts or portions, of the Property for the rents and upon the terms, conditions and provisions deemed desirable to such Mortgagee and with like effect as if such leases.had been made by the Mortgagor as the owner in fee simple of the Property free and clear of any conditions or limitations established by this Mortgage. The power and authority hereby given and granted by the Mortgagor to Mortgagee shall be deemed to be coupled with an interest and shall not be revocable by Mortgagor. 3.02 Taxation of Note and Mortgage. If at any time before the debt hereby secured is fully paid, any law be enacted, deducting from the value of said real estate, for the purposes of taxation, any lien thereon, or revising or changing in any way the laws now in force for the taxation of mortgages or bonds, of the debts secured thereby, for state or local purposes, or the manner of collection of such taxes, so as to affect adversely this Mortgage or the debt hereby secured, or the owner and holder thereof in respect thereto, then this Mortgage and the Note hereby secured shall, at the option of Mortgagee and without notice to any party, become immediately due and payable. If any law should be enacted and to the extent permitted by such law, Mortgagor shall have the opportunity of paying to the Mortgagee the amount of any additional cost or taxes to the Mortgage from such law. 3:03 Marshalling of Assets. Mortgagor on its own behalf and on behalf of its successors and assigns hereby expressly waives all rights to require a marshalling of assets by Mortgagee or to require. Mortgagee, upon a foreclosure, ,to first resort to the sale of any portion of the Property which might have been retained by Mortgagor before foreclosing upon and selling any other portion as may be conveyed by Mortgagor subject to this Mortgage. 3.04 Partial Release. Without affecting the liability of any other person for the payment of an indebtedness herein mentioned (including Mortgagor should it convey said Property) and 21 20 without affecting the priority of the lien hereof upon any property not released, Mortgagee may, without notice, release any person so liable, extend the maturity or modify the terms of any such obligation, or grant other indulgences, release or reconvey or cause to be released or reconveyed at any time all or any part of the Property described herein, or take or release any other security or make compositions or other arrangements with debtors. Mortgagee may also accept additional security, either concurrently herewith or hereafter, and sell the same or otherwise realized thereon either before, concurrently with, or after sale hereunder. 3.05 Non - Waiver. a. By accepting payment of any sum secured hereby after its due date or altered performance of any obligation secured hereby, Mortgagee shall not waive its right against any person obligated directly or indirectly hereunder or with respect to any indebtedness hereby secured, either to require prompt payment when due of all other sums so secured or take remedy for failure to make such prompt payment. or full performance. No exercise of any right or remedy by Mortgagee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law. b. No delay or omission of the Mortgagee in the exercise of any right, power or remedy accruing hereunder or arising otherwise shall impair any such right, power or remedy, or be construed to be a waiver, of any default or acquiescence therein. C. Receipt of rents, awards, and any other monies or evidences thereof, pursuant to the provisions of this Mortgage and any disposition of the same by Mortgagee shall not constitute a waiver of the right of foreclosure by Mortgagee in the event of default or failure of performance by Mortgagor of any covenant or agreement contained herein or in any note secured hereby. 3.06 Protection of Security. Should Mortgagor fail to make any payment or to perform any covenant as herein provided, Mortgagee (but without obligation so to do and without notice to or demand upon Mortgagor and without releasing Mortgagor from any obligation hereof] may make or do the same in the manner and to such extent as Mortgagee may deem reasonably necessary to protect the security hereof, Mortgagee being authorized to enter upon the Property for such purposes, commence, appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Mortgagee; pay, purchase,, contest, or compromise any encumbrance, charge or lien which in the judgment of Mortgagee is prior or superior hereto; and, in exercising any such power, incur ' any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor, including cost of evidence of title and reasonable counsel fee. Any expenditures in connection herewith shall constitute an advance hereunder. 3.07 Rules of Construction. When the identity of the parties hereto or other 21 21 circumstances make it appropriate, the masculine gender shall include the feminine and/or neuter, plural and the singular number shall include the plural. The headings of each paragraph are for information and convenience only and do not limit or construe the contents of any provision hereof 3.08 Severability. If any term of this Mortgage, or the application thereof to any person or circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this Mortgage, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Mortgage shall be valid and enforceable to the fullest extent permitted by law. 3.09 Successors in Interest. This Mortgage. applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, executors, administrators, successors and assigns. All obligations of Mortgagor hereunder are joint and several. The term "Mortgagee" shall mean the holder and owner; including pledges, of the Note secured hereby, whether or not named as Mortgagee herein. 3.10 1 Notices. All notices to be given pursuant to this Mortgage shall be sufficient if mailed postage prepaid, certified or registered mail, return receipt requested, to the above described addresses of the parties hereto, or to such other address as a party may request in writing. All notices to Mortgagor shall be sent to the attention of the Executive Director. All notices to the Mortgagee shall be sent to the attention of the County ' Ma ager. Any time period provided in the . giving of any notice shall commence upon the date such notice is deposited in the mail. 3.11 Modifications. This Mortgage may not be amended, modified or changed, nor shall any waiver of any provision be effective, except only by an instrument in writing and signed by the . party against whom enforcement of any waiver, amendment, change, modification or 'discharge is sought. 3.12 Governing Law. This Mortgage shall be construed according to and governed by -the laws of the State of Florida, provided, however, that nothing herein shall limit or impair any right which Holder has under applicable federal laws of the United States of America to charge a rate of interest on the sums evidenced hereby at a rate which exceeds the maximum rate allowed under the laws of Florida. ARTICLE FOUR Lending Provisions 4.01 Breach of Loan Agreement and Other Documents. Notwithstanding anything to the contrary contained in this Mortgage, in the Note, in the Development Agreement, or in any other instrument securing the loan evidenced by the Note, Mortgagee may at its option declare the entire 21 22 indebtedness secured hereby, and all interest thereon and all advances made by Mortgagee hereunder, immediately due and payable and/or exercise all additional rights accruing to it under this Mortgage upon an Event of Default, or in the event of a breach by Mortgagor of any covenant contained in this Mortgage following expiration of all notice and cure periods set forth therein. 4.02 Future Advances. This Mortgage is given to secure not only existing indebtedness, but also such future advances, whether such advances are obligatory or are to be made at the option of the Mortgagee, or otherwise, as are made within twenty years from the date hereof, to the same extent as if such future advances were made on the date of the execution of this Mortgage. The total amount of indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at one time shall not exceed four times the face amount of the Note, plus interest thereon, and any disbursements made ,for the payment of taxes, levies or insurance on the Property with interest on such disbursements at the rate designated in the Note to apply following a default thereunder. Mortgagor hereby agrees. that it shall not execute or file for record any notice limiting the maximum principal amount that may be so secured, and that no such notice shall be of any force and effect whatsoever unless Mortgagee shall have consented thereto in writing signed by Mortgagee and recorded in the public records of Miami -Dade County, Florida. 4.0' ) Rights under Prior Encumbrances. a. Mortgagor hereby covenants and agrees (i) to promptly observe and perform all of the covenants and conditions contained in any Permitted Encumbrance or any other lien upon the Property, and which are required to be observed or performed by Mortgagor and to do all .things necessary to preserve and keep unimpaired its rights thereunder; (ii) to promptly notify Mortgagee in writing of any default by the Mortgagor in the performance and the observance of any of the terms, covenants or conditions on- part of Mortgagor to be performed or observed. under such instrument or of the occurrence of any event which, regardless of the lapse of time, would constitute a default under such instrument and promptly to cause a copy of each such notice given by the Mortgagee thereunder to the Mortgagor to be delivered to Mortgagee. b. In the event Mortgagor fails to make any payment required under such a Permitted Encumbrance or any other lien upon the Property or to do any act set forth in the preceding subparagraph herein provided, then Mortgagee may, but without obligation, and without notice to or demand upon Mortgagor, and without releasing Mortgagor from any obligation hereof, make or do the same in such manner and to such extent as Mortgagee may deem necessary to protect its interest under this Mortgage. Mortgagee's rights hereunder shall specifically include, but without limitation thereof, the right to pay any and all payments of interest and principal, insurance premiums, taxes and assessments and other sums due or to become due thereunder. C. In the event Mortgagor fails to perform any of the terms, covenants and conditions required to be performed . or observed by Mortgagor under such a Permitted 21 23 Encumbrance or any other lien upon the Property, then Mortgagee may, but without obligation, and without notice or demand upon Mortgagor and without relieving Mortgagor from any 'obligation hereof, take any action Mortgagee deems necessary or desirable to prevent or cure any such default by Mortgagor. Upon receipt by Mortgagee from Mortgagor of any written notice of default by Mortgagor under such instrument, Mortgagee may rely thereon and take any action it deems necessary to cure such default event though the existence of such default or the nature thereof may be questioned or denied by the Mortgagor or by any party on behalf of the Mortgagor. Mortgagor hereby expressly grants to Mortgagee, and agrees that Mortgagee shall have, the absolute and immediate right to enter upon the Property or any part thereof to such extent and as often as the Mortgagee in its sole discretion deems necessary or desirable in order to prevent or cure-any such default by the Mortgagor. Mortgagee may pay and expend such sums of money as Mortgagee in its sole discretion deems necessary for any such purpose and may pay expenses, employ counsel and pay reasonable attorney's fees. All costs, charges -and expenses so incurred or paid by Mortgagee shall become due and payable immediately, whether or not there by notice, demand, attempt to collect or suit pending. The amount so incurred or paid by Mortgagee, together with interest thereon at the rate of interest set forth in the Note to accrue following default thereunder, from the date incurred until paid by Mortgagor, shall be added to the indebtedness secured by the lien of this Mortgage to the same extent as if paid or expended on the date hereof. d. . Mortgagor agrees that it will not surrender any of its rights under such a Permitted Encumbrance or other lien upon the Property, and will not, without the prior written consent of Mortgagee, consent to any modification, change or any alteration or amendment of such instrument of the obligations secured thereby, either orally or in writing, and no release or forbearance of any of Mortgagor's obligations under such instrument whether pursuant to such instrument or otherwise, shall release Mortgagor.from any of its obligations under this Mortgage. e. Any default by Mortgagor or any event of default under a Permitted Encumbrance or. other lien upon the Property, to which this Mortgage may be subject shall constitute an Event of Default under this Mortgage. 4.04 Limitation of Interest. All agreements between Mortgagor and Mortgagee are expressly limited so that in no contingency or event whatsoever, whether by reason of advancement of the principal amount of the Note, acceleration of maturity of the unpaid principal amount of the Note, acceleration of maturity of the unpaid principal balance thereof, or otherwise, or advancement of any sums under the provisions of this Mortgage, shall the amount'paid or agreed to be paid t6 the holder of the Note for the use, forbearance or detention of the money to be advanced thereunder or hereunder exceed the highest lawful rate permissible. If, from any circumstances whatsoever, fulfillment of any provisions of this Mortgage or the Note or any other agreement referred to herein, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law which a court of competent jurisdiction may deem applicable thereto or hereto, then ipso facto; the obligations to be fulfilled shall be reduced to the limit of such validity, 24 and if from any circumstances the holder of the Note or Mortgage shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal; balance due hereunder and not the payment of interest. These provisions shall control every other provision of all agreements between Mortgagor and Mortgagee. 4.05 Waiver of Jury Trial: MORTGAGOR WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY ACTION, WHETHER ARISING IN CONTRACT OR TORT, BY STATUTE OR OTHERWISE, IN ANY WAY RELATED TO THE TERMS OF THIS MORTGAGE. THIS PROVISION IS A MATERIAL. INDUCEMENT FOR THE MORTGAGEE'S EXTENDING CREDIT TO MORTGAGOR AND NO WAIVER OF LIMITATION OF THE MORTGAGEE'S RIGHTS UNDER THIS.PARAGRAPH SHALL BE EFFECTIVE UNLESS IN WRITING AND MANUALLY SIGNED ON THE LENDER'S BEHALF. IN WITNESS WHEREOF, the said Mortgagor caused this instrument to be signed and sealed as of the date first above written. Witnesses:. Mortgagor: South Miami Community Redevelopment Agency, a Community Redevelopment Agency duly created pursuant to Chapter 163, Florida Statutes By: Print Name: Title: (SEAL) STATE OF FLORIDA ) SS. COUNTY OF MIAMI -DADE ) I HEREBY CERTIFY that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgments, personally appeared as of a Community Redevelopment Agency duly created pursuant to Chapter 163, Florida Statutes, , O who is personally known to me or O who 21 25 presented as identification, to me known to be a representative of the person described as the Mortgagor in and who executed the foregoing Mortgage and Security Agreement and Assignment of Leases, Rents and Profits, and acknowledged before me that said person executed that Mortgage and Security Agreement and Assignment of Leases, Rents and Profits and who O did O did not take an oath. WITNESSETH my hand and official seal in the State and County above, this day of 2007. NOTARY PUBLIC, State of Florida My Commission Expires: 21 26 EXHIBIT 1 LEGAL DESCRIPTION The East 220 feet of the North 205 feet of the SE' /4 of the SW '/o of the NE '/4, Less the East 25 feet and the North 25 feet thereof, in Section 27, Township 55, South Range 40 East, Miami -Dade County, Florida. zi 27 EXHIBIT 2 PERMITTED ENCUMBRANCES None. The subject property is not encumbered except as provided herein. 11 28 EXHIBIT E PROMISSORY NOTE Amount $394,000 Date: April _,2007 FOR VALUE RECEIVED, the undersigned, South Miami Community Redevelopment Agency ( SMCRA), a community redevelopment agency organized under the laws of Florida, promise(s) to pay to the Miami -Dade County, acting through its Office of Community & Economic Development (hereinafter referred to as "OCED" or the "County "), in the manner hereinafter specified, the principal sum of ($394,000) Three Hundred and Ninety Four Thousand Dollars, payable without interest except as herein below or otherwise provided. This Promissory.Note is made to evidence the loan made to the undersigned by the OCED pursuant to a South Miami Community Advisory. Committee of Miami -Dade County recommendation to OCED and Miami -Dade County to provide a Community Block Development Grant to the City of South Miami Community Redevelopment Agency ( SMCRA) as reflected in the Development Agreement between the parties dated April 2007 (hereinafter "Development Agreement "). So long as the undersigned, SMCRA, has not provided false information in support of the application for the loan, or has not otherwise violated the CDBG guidelines, and the Development Agreement, between Miami -Dade County /OCED and the SMCRA, the aforementioned principal sum shall. be forgiven as provided for in the Development Agreement. Pursuant to the Development Agreement, the SMCRA is to construct the Madison Square /South Miami Strip Mall Project (herein after "Project "). Pursuant to paragraph 6 of the Development Agreement, in the event the Property tied to the Project is sold ' during the three (3) year construction phase (or an extension of the three (3) year Construction Phase, which extension shall be requested by the SMCRA and which request shall not be unreasonably denied by OCED and Miami -Dade County), or if the Project construction has not been completed within three (3) years of the date of the. execution of this document, or of the requirements set forth in the Development Agreement are not complied with or SMCRA fails to properly perform under said agreement, Miami -Dade County shall be entitled to the reimbursement of its $294,000 contribution to the purchase of the Property, plus twelve percent (12 %) compound interest as well as the County's proportional share of any proceeds in excess of the original purchase price of the Property. This Note is secured by a mortgage, of even date herewith, on the real property. owned by the undersigned located at 6442 SW 59"' Place, 6443 SW 601h Avenue, and 6429 SW 59`h Place, South Miami, Florida 33143 (the "Property"). The legal description of the Property is attached hereto as exhibit A If the undersigned fails to construct the Project within the time frame delineated in the Development Agreement, fails to comply with the requirements and obligations set forth in the Development Agreement, or has provided false information in support of.the application for loan or has otherwise violated OCED, CDBG, and HUD guidelines under title 24 Part 570 of the Code of Federal Regulations (CFR), or if the Property securing this Note is sold or in any way alienated or transferred, such an event shall constitute, a default, and the aforementioned principal sum shall, at the option of the.holder hereof, become at once due and collectable without notice, time being of the essence, and shall bear compound interest at the rate of twelve percent (12 %), with such interest accruing from the date the loan is disbursed to SMCRA until the date the entire principal plus interest and proportional property appreciation (as reflected in any sale of the Property) is paid in full. Determination that SMCRA is constructing the Project as provided for under the Development Agreement, transfer or sale of the Property, or the undersigned's violation of the Development Agreement are sufficient reasons to call for payment of this Note. This determination shall rest with the OCED and/or its designated agents and the maker shall be notified of the time and place .of payment. Subordination of this Note or the SMCRA's refinancing of the subject Property shall also constitute default. However, upon reasonable notification and reasonable request of the SMCRA, OCED and Miami -Dade County shall entertain and authorize subordination of this note and shall not unreasonably reject such a request. Borrower agrees to assign any proceeds to. the county from any contract between the county, its agencies or instrumentalities and the borrower or any firm, corporation, partnership or joint venture in which the borrower has a controlling financial interest in order to secure repayment of the loan. "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. The undersigned reserve(s) the right to repay at. any time all or any part of the principal amount of this Note without the payment of penalties or premiums, however, SMCRA shall repay such principal with interest calculated as provided herein. . If the principal amount of this Note is not paid when due, the undersigned's action shall constitute a default and the undersigned shall, at the option of the OCED, pay to the OCED the late charge of one percent per calendar month, or fraction thereof, on the amount past due and remaining unpaid. Failure of the OCED to exercise such option shall not constitute a waiver of such default. If the undersigned shall default on payment under this Note, or. provide false . information in support of the, application for loan, or otherwise violate the CDBG, the undersigned may be subject to. penalties authorized by state and local laws, codes, rules and regulations. If this Note be reduced to judgment, such judgment shall bear the maximum interest rate allowed by law. If suit is instituted by the OCED or Miami -Dade County to recover on this Note, the undersigned agree(s) to pay all costs of such collection including reasonable attorney's fees, at trial and appellate levels, and court costs. DEMAND, protest and notice of demand and protect are hereby waived, and the undersigned hereby waives, to the extent authorized bylaw, all exemption rights which otherwise would apply to the debt evidenced by this Note. Whenever used herein the terms "holder ", "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of its date. WITNESSES: Signature Print Name Signature Print Name STATE OF FLORIDA } } SS COUNTY OF MIAMI -DADE } By: Stephen David Acting Director, SMCRA South Miami Community Redevelopment Agency The foregoing instrument was acknowledged before me this day of 2007, by Stephen David, the SMCRA Acting Director. He /She is personally known to me, or has produced as identification and that she /he did execute this instrument freely and voluntarily for the purposes stated herein. My Commission Expires: Notary Public, State of Florida WITNESSES: Signature Print Name Signature; Print Name Chairperson, SMCRA South Miami Community Redevelopment Agency STATE OF FLORIDA } } SS COUNTY OF MIAMI -DADE } The foregoing instrument was acknowledged before me this day of 2007, by Horace Feliu,, Chairperson of the SMCRA Board of Directors. He /She is personally known to me, or has produced as identification and that she /lie did execute this instrument freely and voluntarily for the purposes stated herein. My Commission Expires: Notary Public, State of Florida Print Name I Exhibit A LEGAL DESCRIPTION OF PROPERTY The East 220 feet of the North 205 feet of the SE' /4 of the SW '/4 of the NE' /, Less the East 25 feet and the North 25 feet thereof, in Section 27, Township 55, South Range 40 East, Miami -Dade County, Florida. a To: I' S"CRA 2001 Making our Neighborhood a Gnat Place to Live, Work and Play" Honorable Chair and SMCRA Board Meml From: Stephi Actint RESOLUTION Date: May 14, 2007 ITEM No. DISCRETIONARYFUND DECLARATION- BOARD MEMBER PALMER A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY , ( SMCRA) 'RELATING TO A DECLARATION OF SMCRA BOARD MEMBER DISCRETIONARY FUNDS; AUTHORIZING THE. SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $1,000 TO THE SOUTH MIAMI ST. ALBANS CHILD ENRICHMENT CENTER AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610 - 1110 - 554- 99 -25, BOARD MEMBER DISCRETIONARY FUNDS (BOARD MEMBER PALMER); AND PROVIDING AN EFFECTIVE DATE. BACKGROUND SMCRA Board Member Discretionary Funds are identified as a separate line item in the FY 06/07 Budget. Board Member Discretionary Funds provide an annual allocation of $1,000 to each Board Member to be used within the SMCRA District for economic development and assistance within the SMCRA Community. During the approval process for the FY 04/05 Budget, the Miami -Dade TIF Committee recommended that all discretionary fund disbursements be authorized by the Board during a publicly noticed meeting. Board Member Palmer is seeking to declare $1,000 of her FY 06/07 discretionary fund allocation to the South Miami, St. Albans Child Enrichment Center. The St. Albans Child Enrichment Center provides' childcare; nutritional programs; and public .school preparation training for SMCRA preschoolers (See Exhibit A). Pending Board approval, the designated funds shall be utilized by the St. Albans Child Enrichment Center to provide preschool training and childcare assistance to SMCRA residents. RECOMMENDATION Staff recommends approval of the attached resolution authorizing disbursement of $1,000 of Board Member Palmer's $1,000 in discretionary funds to the South Miami, St. Albans Child Enrichment Center. Attachments: Draft Resolution St. Albans Enrichment Center Mission Statement SDIMCGRUFFIPLANNINGIC R AC Discretionary Fund Disbursement - Board Member Palmer.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 4 REDEVELOPMENT AGENCY ( SMCRA) RELATING TO A 5 DECLARATION OF SMCRA BOARD MEMBER 6 DISCRETIONARY FUNDS;' AUTHORIZING, THE SMCRA 7 DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $19000 8 TO THE SOUTH MIAMI ST. -ALBANS CHILD ENRICHMENT 9 CENTER AND CHARGING THE TOTAL AMOUNT TO ACCOUNT 10 NO. 610- 1110 - 554- 99 -25, BOARD MEMBER DISCRETIONARY 11 FUNDS (BOARD MEMBER PALMER); AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, SMCRA Board Member Discretionary Funds are identified as a 15 separate line item in the FY 05106 Budget; and 16 17 WHEREAS, Board Member Discretionary Funds provide an annual allocation of 18 $1,000 to each Board Member to be used within the SMCRA District for economic 19 development and assistance within the SMCRA Community; and 20 21 WHEREAS,. during the approval process for the FY 04/05 Budget, the Miami - 22 Dade TIF Committee recommended that all discretionary fund disbursements be 23 authorized by the Board during a publicly noticed meeting; and 24 25 WHEREAS, Board Member Palmer is seeking to declare $1,000 of her FY 06/07 26 allocation to the South Miami, St. Albans Child Enrichment Center; and 27 28 WHEREAS, the South Miami, St. Albans Child Enrichment Center provides 29 childcare, nutrition programs, and public school preparation training for SMCRA 30 preschoolers; and 31 32 WHEREAS, the South. Miami, St. Albans Child Enrichment Center provides a 33 valuable community services for SMCRA residents and youth population. 34 35 36 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY 37 REDEVELOPMENT. AGENCY OF THE. CITY OF SOUTH MIAMI, FLORIDA 38 THAT: 39 40 Section 1. The SMCRA Director is authorized to disburse $1,000- of 41 Board Member Palmer's FY 06/07 discretionary funds from Account No. 610- 1110 -554- 42 99 -25 (Board Member Discretionary Fund Account) to the South Miami, St. Albans 1 I Child Enrichment Center to assist in providing child enrichment training and general 2 childcare services for SMCRA residents The distribution_ of funds shall be made provided 3 that the funding is utilized for the proper SMCRA economic development and 4 community assistance purpose. 5 .6 Section 2. This resolution shall take effect immediately upon adoption. 7 8 9 10 PASSED AND ADOPTED this day of June, 2007. 11 12 13 ATTEST: APPROVED: 14 15 16 City of South Miami Chairperson Horace Feliu 17 Community Redevelopment Agency 18 Clerk Board Vote: 19 Chairperson Feliu: 20 Vice Chairperson Wiscombe 21 READ AND APPROVED AS TO FORM: Board Member: Palmer 22 Board Member Birts: 23 Board Member Beckman: 24 Board Member Ellis: 25 Board Member: Williams 26 Eve A. Boutsis, 27 General Counsel 28 29 30 31 2 130ARD OF VWX-CT SRS otncers: ivies -ate mw4 jeffl*l c Tma3urer crystal Censer -LSM PUriismartsrivn Board uan**M: Rev Barrwrd bEcUtttth ,ice Wall Rudoipft tasrirrrora Soft Lamoud WN Jotwoon Mwirloo F*W ExKKdl ne Ditt CtW, Sbarb A Blanton Main Ofte Cawnut 61 owe Ckrttrr 3485 Brooker Suess (salami, Florida 33133 306 -443 -1234 F*x 30544919 l St. Aiban'n Day Nursery, Inc. om St. Alban's Child Enrichment Center EXHIBIT A PHI l�%'�iiwfA� �.X.rnn6N( f;�+�M.�i �r�rivwii.ti ap�A�:. �li, r+�wwi�i:•!A((��irir�.�IrM+�i . ( 1 "EVERY CHILD HAS AN OPPORTUNrrr St. Albatt's Child Enrichment +Center situated in South Miami provides services to children six weeks to five years old from a,cultural diverse background. We offer quality childcare, nutrition and family services to the South Miami Community. .Developmentally appropriate instruction and care is provided from 7:00 am,until 6:00 pm five days per week. Over 95% of the children we serve are receiving subsidized care from Child Development Services, Voluntary Pre Kindergarten and Community Action Agency Head Start. Overall our program offers a very High level of service and prepares all of our -pre school aged children for a successful transition to the Public School. Twelve staff members are currently employed at this location. Teachers follow the High Scope Curriculum that focuses teaching on the eight domains of learning. CRA, has supported the Center in the past and we look forward to their continued support ja we struggle to. garner additional support for the 2007 -2008 school. year, South Along center 6050 S.W. ad Street South Miami. Florida 33143 305496T•2ti84 Fs= 30+4$03.1252 Iafmtlroddser C.eater 3401 Mal Rma Avenue Mien t Flock# 33133 306-4434M7 Fiuc 306.443-0M _ ........................ St. Al W)c be xLmx ded by U* tola" p apotftoWns. +mod w woft dxwOom h''1 Gtyo€Mor i. " Uhni lode County Cbrxrty IfixrA4)W* County Unkd Way of Mlor nWado CRY d L§" Camunity Mdion Agency Departr'r>e d rX humor Servbw C3MW of Coff a v aAy. D*V*k pn'rent Woe of community Dowebm Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and Date: June 11, 2007 SMCRA Board Members From: Step ITEM No. I DISCRETIONARY FUND DECLARATION- BOARD MEMBER BIRTS A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO A DECLARATION OF SMCRA BOARD MEMBER DISCRETIONARY • FUNDS; AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $1,000 TO THE METROPOLITAN DADE COMMUNITY ACTION AGENCY SCHOLARSHIP .PROGRAM AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610- 1110 - 554- 99 -25, BOARD MEMBER DISCRETIONARY FUNDS (BOARD MEMBER BIRTS); AND PROVIDING AN EFFECTIVE DATE. i . ccoai171Wo SMCRA Board Member Discretionary Funds are identified as a separate line item in the FY 06/07 Budget. Board Member Discretionary Funds provide an annual allocation of $1,000 to each Board Member to be used within the SMCRA District for economic development and assistance within the SMCRA Community. During the approval process for the FY 04105 Budget, the Miami -Dade TIF Committee recommended that all discretionary fund disbursements be authorized by the Board during a publicly noticed meeting. Board Member Birts is seeking to declare $1,000 of his FY 06/07 discretionary fund allocation to the Community Action Scholarship Program which provides financial assistance to low income youth in acquiring college or vocational level training (See Exhibit A). Pending Board approval, funding will be utilized by the Metropolitan Dade Community Action Agency Scholarship Program to assist .potential students in the. SMCRA area. RECOMMENDATION Staff recommends approval of the attached resolution authorizing disbursement of $1,000 of Board Member Birts' FY 06/07 discretionary funds to the Metropolitan Dade Community Action Agency Scholarship Program. Attachments: Draft Resolution CAA Scholarship Information SDIMCGRUFFIPLANNINGIC R Al Discretionary Fund Disbursement - Board Member Birts.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41. 42 43 RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO A DECLARATION . OF SMCRA BOARD MEMBER DISCRETIONARY' FUNDS; AUTHORIZING THE SMCRA DIRECTOR TO DISBURSE FUNDING IN THE AMOUNT OF $1,000 TO THE METROPOLITAN DADE COMMUNITY ACTION AGENCY SCHOLARSHIP PROGRAM AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610- 1110- 554- 99 -25, BOARD MEMBER DISCRETIONARY FUNDS (BOARD MEMBER BIRTS); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, SMCRA Board Member Discretionary Funds are identified as a separate line item in the FY 05106 Budget; and WHEREAS, Board Member Discretionary Funds provide an annual allocation of $1,000 to each . Board Member to be used within the SMCRA District for economic development and assistance within the SMCRA Community; and WHEREAS, during the approval process for the FY 04/05 Budget, the Miami - Dade TIF Committee recommended that all discretionary fund disbursements be authorized by the Board during a publicly noticed meeting; and WHEREAS, Board Member Birts is seeking to declare $1,000 of her FY 06/07 allocation for the Community Action Scholarship Program which provides financial assistance to low income youth in acquiring college or vocational level training; and WHEREAS, both the Community Action Scholarship Program and the South Miami Alliance for Youth Organization provide valuable community oriented services that assist in enhancing redevelopment activities in the South Miami CRA Community. NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY - OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The SMCRA Director is authorized to disburse $1,000 of Board Member Birts' FY 06/07 discretionary funds from Account No. 610- 1110- 554 -99- 25 (Board Member Discretionary Fund Account) to the Metropolitan Dade Community Action Agency Scholarship Program to provide financial assistance to low income youth who reside in the SMCRA District in acquiring college or vocational level training. The 1 distribution of funds shall be made provided that the funding is utilized for the proper 2 SMCRA economic development and community assistance purpose. 3 4 Section 2. This resolution shall take effect immediately upon adoption. 5 6 7 8 PASSED AND ADOPTED this day of June, 2007. 9 10 11 ATTEST: APPROVED: 12 13 14 City of South Miami Chairperson Horace Feliu 15 Community Redevelopment Agency 16 Clerk Board Vote: 17 Chairperson Feliu: 18 Vice Chairperson Wiscombe 19 READ AND APPROVED AS TO FORM: Board Member: Palmer 20 Board Member Birts: 21 Board Member Beckman: 22 Board,Member Ellis: 23 Board Member: Williams 24 Eve A. Boutsis, 25 General Counsel 26 27 28 29 03/31/98 TET9 15:29 FAX 30S 372 MS M -n c.>a EXHIBIT A _.- METROPOUTAN GADS COUNTY, FLORIDA OFFICE OF COUN'rY MANAG Er COMMUNrrYA=ON AGENO' slunk 393 N.W. ist STR92" MEMO= MIAMI, PLORIOA 33121 I . 1306) 347.480( WrOEUNES FOR SCHOLAR AWARD PROCEDUPIES AUTHORITY: Community Advi:aary Ccmmittea ' r Ta provide financial assistance to low income youth which enables them to attain an adequate educstion by attending college or w :cations! school. ' IL 0 10M MY RhdJ1R1�f1��TS . Art -person 16 -25 years old: who is a resideint of the' target area, and has obtained a high school diploma or CZ0 equlvaielyt, Is eligible for thle• scholarship. Applicant's family income must fall wlthln 12546 of, HHS Poverty Income Ci�ldellt�es. , III. CRI' M*JA FQR SELECTIONS . . ....... .... Academia Achlevements -.The applicant must have achieved at least a "C ". aveaga .tn s oat. f acholership� ag for a :V * ticnal' ' sohoal, a letter of recommendation from school faculty.. or- HKS Counselor should indicate Student's skills mid interest in the vocational field. 2. Cammuni Services The amount of community servic° the applicant has . donna will e• considered. The ' applicant, will submit at !sent three M- references and a short dcacrlpcion of the ; ervice he /sf1 has rendered to the ccmrr:c rdty.. 3. C kunanstrated Initleti es The inMutive: and responsiWity e`xhlbited .by the eppllewt by worlc�r►g caring Jurslor and senlvr high years, end Ppuk from the srhaol lacutey.wlil be oorislderod. , • 1�. FinancialC%vnzstart,�s: The knsnalal.Situation of the applicant and . a her •fam y e considered. IV. COMOr 10NS OF AWARDS 1. Letter of acceptance from desired ed cat ono! ineatitcatitin ie required. . 2. Th13 acholsrship, up to -the amount of #94 matching fund, wbuld requlrea the student to provide the target Brea CAA, CAA /CM 'Advlzory Cominittee with a period1 c progress report, and a finest grade report. E/2'd STL'ON Wd17E:7 9002'2 •Nil!' TUE 13:29 FAX 5os ail 8745 Bf -D C.AA V. APPL MATMI . The following documents will be attached to apple= tion form-.* orm: • 1 ' N I. Pmaf of income (copy) • 2. Proof of age 3. high school diploma (ropy) or, GED equivalences (copy) 4. Letter of recommendation from school facu:Ity, and /or HRS Counselor if • scholarahip is for a vocationai school 5. Official copy of final grads or transcript. Children of empioyeea will not be allowed to apply. Children of r- ammitt.ee members will be `allowed to apply, but the member wili be excluded from the • screening committee, and will, not vote when the cornmlttee makes the final selection of the winning candidate. (ase application farm attached). The MIS must be completed on the family at the time of application for incofne verification and documentation_ VT. 5CRi rEEI dNG15E ZCT1CN PRCrZXS: • • 1. A five (5) member'screening carnmittee will bee organjzsd to Include: a. At least one , (Z) member .of the . CAA, CAAICi =D advisory Committee; and b. At least pne (1) matttbet of the Public School System. ' 2. The screening commttee will be, approved (CPLa ir appoints committee) by a I , majority vote of the Advisory Committee. Ilia screening committee will • review all appi?cationsy and conduct screenlr'•g int.ervlaws. The screening will he based on: (a) eligibility requirements; ;b), criteria for selection;, and _ (c} narrative in a- Pllcatiah farm. At the and of the screaming„ three (3) recommendations, In order, of prlori.Ly will bra made to the Advisory Committee. 411 The screening eommietea will mast within two (2) days prior to the regular Advisory commlttes'meeting. 5. The final decision will be made by a Majarlty vote of the members of the target area Community Advisory, Commit.i.ee. Alt members of the anmrnitt- ohduld and duly elected 60% and daily appointedf 40%. VII. SPECIAL BANK Na _ 524= s ' - ''i.� -�.� r..:•M- ,.�'''`' -.~� I. f is rio • open cr�t if t + and L .,L`•J OT!'fl�l a cam �t''e 'nc ,�i�"pe la,Ptki �cpont yri p pro c... .�• -- itt� � sTn�'accoyrt monrhty reports . ectt��'arr�au�a� �- rp�e� iri s � bla L� bR:'L gAA7'7__' Metropolitan Dade County Community Acriod Agency (CAA.) Scholatahip Application TARGET AREA NAME: AGE: ADDRESS: PHONE: CITY /STATE,: SS#: FAMMY INCOME: HIGHEST GRADE COMPLETED: LAST SCHOOL ATTENDED: EXTRA CURRICULUM AC. TVITISS, IF ANY CO S SERVICE RENDERED (Briefly, descri services rendered and list at least three references). ,Ifmore space is needed, additional sheets may be added. Photog aph must be attached Preferably. Wallet size or larger photo. Page 3 SchoIarshio AppEcarlon EWLO MM HISTORY OF STUDENT (Please Iist names, addresses and phone numbers of previous employers.) REASON FOR APPLYING (Write brief narrative, below why you think you are deserving this scholarship award). Additional sheets may be used if necessary