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HomeMy Public PortalAbout11-8200 Segal Park Rehabilitation Sponsored by: City Manager Resolution No. 11-8200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY HOUSING AND COMMUNITY DEVELOPMENT GRANT AWARD,IN THE AMOUNT OF SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($650,000.00) FOR THE SEGAL PARK REHABILITATION — HELEN MILLER CENTER PROJECT, FOR THE CONTRACT PERIOD OF MARCH 1, 2011 TO FEBRUARY 28,2013,IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Segal Park Rehabilitation-Helen Miller Center Project is a comprehensive improvement plan to renovate and rehabilitate the Helen Miller Center building; and WHEREAS, Miami-Dade County Board Of County Commissioners approved Resolution #R-980-10 and Resolution#R-67-11 for Segal Park Rehabilitation—Helen Miller Center Project; and WHEREAS,the County has appropriated$650,000.00 from the Community Development Block Grant Program for FY 2011for this project; and WHEREAS,The City Commission of the City of Opa-locka desires that the City Manager accept the HCD-CDGB Grant Award for renovation of Segal Park Rehabilitation - Helen Miller Center Project and execute a contract agreement between the City of Opa-locka and the Miami-Dade County Department of Housing and Community Development. Resolution No. 11-8200 NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to accept the Miami-Dade County Housing And Community Development Grant Award, in the amount of Six Hundred and Fifty Thousand Dollars ($650,000.00), for Segal Park Rehabilitation—Helen Miller Center Project, for the contract period of March 1, 2011 to February 28, 2013, in a form acceptable to the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23rd day of March, 2011. 7 RA TA LOR MA OR Attest to: Deborah S. Irby City Clerk Approved as to form and legal sufficiency: ,A.,1 1 Jos; S. G ler C Ti Attorn Resolution No. 11-8200 Moved by: COMMISSION HOLMES Seconded by: VICE MAYOR JOHNSON Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Miller: NOT PRESENT Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 4824990 vl 00.-LOCk4 O C > � p _ C G', D - O T O gp E.' Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus issioner Gail Miller FROM: Ate;Pat son City Mana r DATE: March 17, 2011 , RE: Acceptance and Authorization to accept the HCD-CDBG grant award for Segal Park Rehabilitation—Helen Miller Center Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA AUTHORIZE ACCEPTANCE OF THE MIAMI-DADE COUNTY HOUSING AND COMMUNITY DEVELOPMENT GRANT AWARD, IN THE AMOUNT OF SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($650,000.00) FOR THE SEGAL PARK REHABILITATION — HELEN MILLER CENTER PROJECT FOR THE CONTRACT PERIOD OF MARCH 1, 2011 TO FEBRUARY 28, 2013, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. Description: Miami-Dade County Board of County Commissioners approved the agreement on October 5, 2010 through Resolution #R-980-10 and on February 1, 2011 through Resolution # R-67-11 for Segal Park Rehabilitation — Helen Miller Center Project. This request is for authorization to accept the CDBG funds awarded for FY 2011 and for this project to accomplish the renovation of Helen Miller Center and to execute the contract agreement between the City of Opa-Locka and the Miami Dade County Department of Housing and Community Development. Financial Impact: No fiscal impact, one hundred percent of the proceeds are Grant dollars. Implementation Time Line: Legislation effective immediately from the date of adoption. Legislative History: None Recommendation(s): Staff recommends the adoption of the Resolution to authorize the acceptance of the CDBG award and further to authorize the City Manager to enter into and execute the necessary agreement, in a form acceptable to the City Attorney. Analysis: The Segal Park Rehabilitation — Helen Miller Project is a comprehensive improvement plan to rehabilitate of existing building. ATTACHMENT(S): Copies of the Miami Dade County Contract and Resolutions. END OF MEMORANDUM 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 of will indicate that no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. • ATTACHMENT B-2 Community Development Block Grant(CDBG) Program A. Schedule of Units — For Awardees undertaking the development of for-sale ownership or rental housing, the description of the proposed units to be completed is as follows (to be completed by Awardee): • Schedule of Units Unit Total Number Total Number Square Sales Price/ %of Description of Units Set-Aside Units Feet Net Rent Amount AMI Efficien /Studio t Bedroom/1 Bath 2 Bedroom/1 Bath 2 Bedroom/1.5 Bath 2 Bedroom/2 Bath 3 Bedroom/1 Bath 3 Bedroom/1.5 Bath• 3 Bedroom/2 Bath 4 Bedroom/2 Bath 4 Bedroom/2.5 Bath Other $ For Awardees undertaking rental housing, the Awardee agrees with respect to the Development for the period beginning on the date of recordation of the Mortgage and Security Agreement securing the DHCD Loan, that: a. The Awardee shall designate and set-aside units moderate income families in the configuration as described ine the Schedule of Units referenced herein. b. At the very minimum, the Awardee shall be required to equip each unit with the following: refrigerator, oven, carpeting/tile, and central air conditioning. c. -Each unit shall meet the energy efficiency standards promulgated by the HUD Secretary. d. The.Awardee must verify that all households assisted have annual incomes that do not exceed 80% of the Area Median Income (AMI). The awardee must report to DHCD the number of set-aside housing units completed and occupied, including demographic information on each head of household. p i s. 1 B. AWARDEE OBLIGATIONS AND DUTIES 1. The Awardee shall begin construction no later than twelve (12) months after execution of the 2010 RFA Funding Agreement. All construction shall be completed within twenty-four (24) months of execution of the Agreement. Construction is completed when a Certificate of.Occupancy(CO) is issued. 2. The Awardee shall submit to DHCD, in writing, all requests for project construction start-up and completion extensions, including a revised timetable for completion of the project. Such written requests must be submitted to DHCD at least sixty (60) days prior to the expiration date of the contract or amendment. If the extenion request is not timely submitted, the funding award shall be automatically forfeited by the Awardee. 3. The AWardee shall obtain prior written approval from DHCD before undertaking any and all changes to the project, including, but not limited to changes in the proposed unit sales prices or rents (as applicable), start-up and completion date extension request, unit set-aside, floor plans and amounts to be contributed towards vlos;ng The Awardee shall send DHCD notice of such changes within thirty (30)days of ar,,; such increase. 4. The Awardee shall execute a Regulatory Agreement, Note, and Mortgage - delineating a set-aside of units that is proportionate to the level of funding ,recej'( pursuant to the funding sources. 5. The Awardee shall forward to DHCD within fifteen [15] days of execution of this contract an Affirmative Marketing Program to attract and identify prospective or homebuyers (as applicable), regardless of sex, of all minority and majority groups, to the Project, particularly groups that are not likely to be aware of the Project. The Marketing Plan should include efforts designed to make such persons/groups=,wr91- of the available housing, including, but not limited to the following activities- Submit proof of advertising in The Miami Herald, Diario Las Americas and IliYi'n'i Trines, in an effort to afford all ethnic groups the opportunity e housing..,,. The Awardee shall P pPort P ity to obtain affordable including advertising Multiple Listings Service (MLS) thrroughma marketing licensed k'- estate professional. 6. The Awardee shall provide DHCD with a complete set of permitted plans, approve specifications, and permits for each building or unit model, as applicable, _por' approval by the appropriate controlling municipality prior to comrnencisc construction. 7. The Awardee shall provide to DHCD for approval contract for the Development, the name of the General Contractor awarding the constr ciiLr, 8. Prior to the commencement of construction, the Awardee shall provide to DHCD the General Contractor's Payment & Performance Bond (P&PB). At DHCD's discretion, based on the Awardee's organizational capacity, track record, and experience, an irrevocable Stand-by Letter of Credit may be accepted in lieu of the P&PB. in such event, the Letter of Credit must be issued by a Florida chartered bank or national bank operating in Florida in the amount of ten percent (10%) of the construction contract amount, in US funds,with Miami-Dade County listed as the beneficiary. 2 9. The Awardee shall schedule a Pre-Construction Conference with DHCD at least sixty (60)days prior to the commencement of construction. 10. The Awardee shall provide DHCD with a written commitment for construction financing from a financial institution(s) at the time of construction loan closing. 11. The Awardee agrees to notify DHCD in writing within fourteen (14) days of any key personnel or location changes in the management company. 12. During the Design Stage, the Awardee shall obtain Professional Liability Insurance in the name of the Awardee or the licensed design professional employed by the Awardee in an amount of not less than $250,000, and shall.furnish to DHCD the relevant Certificates of Insurance evidencing the prescribed insurance coverage in accordance with ATTACHMENT B-1 of this contract. C. DHCD OBLIGATIONS AND DUTIES 1. DHCD shall manage its own disbursements and act as the disbursement agent for all construction loan funding draws. 2. DHCD will monitor the project for adherence to plans, unit layout and deadlines for project completion in accordance with the Contract and the Scope of Services. 3. DHCD shall forward to the County's Risk Management all required and applicable Certificate(s)of Insurance. 4. DHCD shall disburse the awarded funding only after the Awardee closes on the construction loan, all required loan documents have been recorded, and the Awardee has timely submitted funding draw requests and relevant invoices in the prescribed manner and as satisfactory to DHCD. 5. DHCD shall notify the Awardee of anyy address/location changes to DHCD's contact information within forty-five (45) days of its occurrence. D. NATIONAL OBJECTIVE In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Benefit to.Low and Moderate Income Persons or Households (LMI). For activities designed to meet the LMI national objective, the Awardee shall ensure and maintain documentation, acceptable to DHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to persons where no less than 51% of those benefitted are low- and moderate-income persons with household incomes at or below 80%.of Area Median Income (AMI), as further defined in the chart below: 3 Miami-Dade County: HUD 2009-—50%and 80%of AMI Income Thresholds (NOTE: Income Limits subject to change annually) by Household Size 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person 23,600 26,950 30,350 33,700 36,400 39,100 41,800 44,500 :);A: X11 37,800 43,150 48,600 55,950 58,250 62,600 66,900 71,200 Source: http://wwwhuduser.org/publications/commdevl/nsp.html The Awardee ma achieve the LMI national ob'ective b fa undertakin. activities that rims LMI ca a ll under one of four 4 ories: 1- To benefit Low Mod Area (LMA) For activities designed to meet the LMI national objective category of Low Moderate Area Benefit (LMA), the Awardee shall ensure and maintain documentation acceptable to DHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to residents in a particular area, where at least 51% of the residents are LMI persons. The service area of the activity must be primarily residential and the activity meet the identified needs of LMI persons. A service area is considered to meet m the test of being LMI if at least 51% of the persons residing in the service area are low- to moderate-income, as determined by: a. the most recently available decennial Census information, together • Section 8 income limits that would have applied at the time the income information was collected by the Census Bureau; or g with the b. a current survey of residents of the service area. If the proposed activity's service area is generally the same as a census tract block group, then the Census data may be used to justify the income characteristics of the area served. 2. To benefit Low Mod Limited Clientele(LMC) For activities designed to meet the LMI national objective category of Low-Moderate Limited Clientele (LMC), the Awardee shall ensure and maintain documentation acceptable to DHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity in which no less than 51% of the beneficiaries of the activity are LMI persons. Activities i category provide benefits to a specific group of persons rather than eve ry o in thne in an n n area. It may benefit particular persons without regard to their residence, or it may b e yI 4 an activity that provides a benefit to only particular persons within a specific area. With respect to determining the beneficiaries of activities as LMI and qualifying under the limited clientele category, activities must meet one of the following tests: a. Benefit a clientele that is generally presumed to be principally LMI. This presumption covers abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or b. Require documentation on family size and income in order to show that at least 51% of the clientele are LMI; or c. Have income eligibility requirements limiting the activity to LMI persons only; or d. Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. 3. Low Mod Job Creation or Retention Activities (LMJ) The job creation and retention Low Moderate Job (LMJ) benefit national objective category addresses activities designed to create or retain permanent jobs, at least 51% of which, computed on a full-time equivalent basis, will be made available to, or held by, LMI persons. For Awardees undertaking activities to create jobs, there must be documentation indicating that at least 51% of the jobs will be held by, or made available to LMI persons. For Awardees undertaking activities that retain jobs, there must be sufficient information documenting that the jobs would have been lost without the CDBG assistance and that one or both of the following applies to at least 51% of the jobs: a. The job is held by a LMI person; or b. The job can reasonably be expected to turn over within the following two years and steps will be taken to ensure that the job will be filled by, or made available to, a LMI person. For the purpose of determining if the preceding requirements are met, a person may be presumed to be LMI if: I. He/she resides in a Census tract/block numbering area that has a 20% poverty rate (30% poverty rate if the area includes the central business district); and the area evidences pervasive poverty and general distress; or II. He/she lives in an area that is part of a Federally-designated Empowerment Zone(EZ) or Enterprise Community(EC); or III. He/she resides in a Census Tract/block numbering area where at least 70% of the residents are LMI. 4. Low Mod Housing Activities(LMH) The housing category of LMH benefit national objective qualifies activities that are undertaken for the purpose of providing or improving . permanent -residential structures which, upon completion, will be occupied by LMI households. In order to meet the housing LMI national objective, structures with one unit must be occupied by a LMI household. If the structure contains two units, at least one unit must be LMI occupied. Structures.with three or more units must have at least 51% occupied by LMI households. 5 a. Rental buildings under common ownership and management that are located on the same or contiguous properties may be considered as a single structure. b. For rental housing, occupancy by LMI households must be at affordable rents as established annually by the U.S. Department of Housing and Urban Development (HUD) and consistent with standards adopted and publicized by DHCD. 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 (j). For Housing, Rehabilitation, and Construction activities, all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding its compliance with the national objective, and DHCD will have the right to monitor the activity. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502. 6 -t. ,nent C :, QUARTERLY EXPENDITURE AND PliAtit.OAD. E PROGRESS REPORT-FY 2010 COUNTY• k4agitTEZZat 0 1 s I Quarter[Jan-Mar] D 2nd Quarter 1Apr-Jun] 111 al Quarter Pul-Sept] D 4th Quarter(Oct-Dec]/Annual Report 7: ,,:difIV;Vite21:17713*,-ire3S-T-RICCI*!:::.4t-W4,001. - 7,77,7,.:7f7.-717k7.71:',77.7.-7: Recipient Name(Organization): Contact Person(Name&Title): Telephone Number: Activity Name(Project Title): Activity Address: Activity Desc,ription: Activity ID#• Index Code: Funding Source: Funded Amount: $ ____________ ____________________ Activity Category: 9 Administration r=1 Capital Improvement 0 Economic Development D Historic Preservation D Housing 9 Public Service Objective: [1]Create suitable living environments 0 Provide decent affordable housing 0 Create economic opportunities Outcome: CI Availability/Accessibility 0 Affordability 9 Sustainability r%77.7.__ .. .NigrNaiiM,LIV- : iigi7.4:'.7- ntf-Mfji=Pt:;5:'kt.:-RM:.-Fel'slWFirTt-VV:_ -e:gillit7:7:77;f:'L_:-...:, A 8 C D E r G H TOTAL , ACTUAL PROJECTED REIMBURSED ' CUMULATIVE PROJECTED APPROVED • CUMULATIVE - CATEGORY EXPENDED EXPENDITURES CUMULATIVE PERCENTAGE EXPENDITURES BUDGET CUMULATIVE EXPENDITURE [This Ouarterf 'Through end of ihe quarter/ ' 113 8 DI Next(Wader' (Through end of this quarter/ 113y end of Contract Period/ Personnel $ ____________________ 11111.1111111111111 $ -- ------ $ ___ Imti_m_ii_m_i i _ . ________i,______......11.1. . Contractual $ ______________________ __________________________ _ ____________________ __________ Operating Costs $ C11111111111111$ $ CIIIIIIIIIIII Commodities $ $ Capital Outlay $ _ _ _ 1.111111-- ---$- TOTAL $ _____ _________ ___________________________ ___ 'rogram Income•The disposition of Program Income not speck*listed in the approved Program Income budget requires prior written approval from DHCD. I.Does this activity-generate Program Income?1:1 Yes ID No 2.If yes indicate the amount generated this quarter. $ I.If yes.was written approval granted by DHCD to use the Program Income generated from this activity?El Yes D No OTITA-------- It yes.@attach copy of approval letter and related documents.If no a written request for approval to use the Program Income must be submitted to DHCD-or-a check payable to Miami- Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract.• Check Attached?(3 Yes El No 0 NIA ....•.':..; -r r;°•IYL{:-r-"-f-- i''.5:: ::---W77::'377•7•''s•-7::'kdil-VjMfAi-fJWriftlitPrftT)IArit:tTIWgigitTdisl:'•-:•--T7'7''•777'y:7:777-77-••••••-• : -77 •:•••- • :_12.1....-"-- -P:;'z.- .•-•;:• ___._-:_,-.. ..._._, ._:,. .L..ea._Lz._,„__'2__....:L.:__-_.:_-.L..:_..:_._:"--:'.: .1.-:-.:::.L-.:L_-.: i::•_:.,,: 1.Activity Status: D Cancelled D Underway 0 Completed 2_Environmental Status:0 A=Exempt 0 C=Completed El D.--Underway - 3.Is this activity still-in compliance with the original project schedule? D Yes 0 No -- '.•n. -i44. kii:iiiiIIICIAtart:60):4- 4-64'ini;Aciparies----:"4 ID:Acciiiiiiikstitiiiritkir-MiVefiaviii4;41ted i-•: " • - - • ' •- - ..:• : - 1,4,, . oir N;iiii..,,:t.,;;.":‘-";--410)64-tikigir:isi6 t".66-,,..ot sidickes.included:in-tour canitact isine.1 -4 C---...;:..'''.;-,the- _■;:giiiii-i'; i;i.i-mi.:::,;;'..-, ,.sin Sp brief ilar6tive Iambi .4)ittiiti to. •,'ofSeUviCis . "- 7:.,,,, • ,.,. ,.,,:.''-it g,■ga.C'': '. ';.* :',•.!**:' . . r•''' Z. ; .., !..s..."-"`" la'." .'-,t•C.. 't ''''IM-*'61(01i? -'7'.4,;1/2114iiiiiiiiiitiiiiiiiiligiliaiiit.likiiii • QUARTERLY EXPENDITURE . m.lArli:DAOE PROGRESS REPORT. F COUNTY tiggErV_ML,_,W616?A:t2igafig ',:eZif4rettitagadilrlAW:147K 'N'25-4,47,,i, -;:a1- 1Tii..1-R',14,--.4:V.,-3'44,:.-.4,:-..-, ,,•.., --::7f•J, r•-•,.. ,,..,.. .- -. .. .--...., ,,,,:,t,L,Irit., 13A,2„.‘...:41..,,,,,,4,,,J,--,----Xule.L... '-,°). ...=...----^:-,-4^,.... -',,,' - ... • -,,--r,-;-%-:4,041%"•11,-"nir.TAW'15S441 :-=','11,:(e-;.-- ''' -'-',' _ s_:::_ 4 poi5 #07ittia-!44, 1Varticy: 71 f.,,.. .*:-,.•-.., . ,...• , ,egitof...-6.7ftet:os:taikeTeeluita,=:....i:E, _________ -7,.,-. I SettiOn14111-Tellprinancetleasurement--e•-:‘,--- -e.,- ____'.-1:''.:r..'''''''''.-`=-"=f-:-,---,;.,.--,•'-'4.,-2-Pil-ft..3,=,--..z.=,c-, ,,,.4--,-k, .1,,v, ,,...---.;..,...-:::.,:::-:,-, - .-!-,--,,,, :,--- , , , Accomplishment Type: 11 People foil 0 Households 1041 0 Businesses[08] D Organizations(09] Ei Housing Units 001 El Public Facilities fl 1] Ill Jobs 1131 National Objective: 0 Area Wide Benefit[e.g.LMA,LMAFI,LMASA,SBA] -or- 0 Direct Benefit[e.g.LMC•LMH,LMJJ '.:4-orari ,t3,W.; i-176:1WW, :,•i_;L.::-.-:1: .t$. ,44, ---,:iki, -41-11:166,,,w,t,:, . .,.. .. .-.p4 :•!.....-:--.,..- ' '-- ".,1-.,...t_a_:„ ' ,A3.70._,•:'..";1.; ;;;,,f,:i ,i., ,w,..4 ,.:... ...-ii,-5.4-,:,,, z ,*.:13,,Advr.4...• c_.., . Owner Rental ] Buyer • Total 3 .i Total i Female F-------1-1 I Total People: Mod, -, -I LOV, i',I,,,i i leaded j______ i :I, .1 Households ; .projected Goal I q i i ..- Th__ ___-_ ._... _ ........_._._... -i. ,_ . I ________ -- __.' - • f Projected Goal i -i 1 I I--— , 1 :Actual This QUarter* 1 , —_ _ _ i _-_.-----4-_,----i Actual This Quarter* ;1.. i , . 1 A I Actual Cumulative I -,. 1 _...._.......__...__g. i I .1 ---....- •- - -- ; Actual Cumulative fl -- •*Supplemental Form 0 Required-Attached Y/N: • - - ;*Supplemental Form 0 Required-Attached Y I. N: ; (1)Performance&Benefit Data:Housing • •• •--—"-- -------—- • •••t------ ------. . --.—__________:, (1)Performance&Benefit Data:Public Service&Administration D-or- Note:HOME funded projects must submit applicable activity set-up form. : -..------- --=----- . _ . ------ (2)Performance&Benefit Data Capital Improvement&Public Facilities n '(3)Performance&Benefit Data:Housing 0 - - •.. . '''IdOC-'-','-'•• .--4-7. -,72-.Zig-riTY--11'," ,-: ...'••,,.i ;.--s:-.raiXp-,.--f'stki-rvr:-gt=-.- f P-37'!"-s- ,:,;-1"4'6'-i•,.-1, --;LI.fr---*•:40.1----;s1.4s4Ur:-NOW1?:;..:.„4444--ix-4W-rZ";'•:%,.' -.2 4:,_,:.•.,...-_ ,;-,,,,,,-g.4.4,1, -,;-...„ ;-,„1 .1-4 # ,_,:,,-a..,, ---,,,!..q,-,,F .,..t .r-P-., .7•--.2I-•z,,•-•--4-tx-4,,tt,..i._.,....„...1;,-.1,,-4.5? _-_,,jzt,..- .--..--. .-1. ,..„--,1,-..;,-4t-r•s:.p,,,i_to,:..-L.,,.,F1-.,,„-,;;,:,....-•;...::- Jobs Created i p ,, : Jobs Retained : FT Jobs I:Low/Mod t• 1_311/iecte.c_ G_ PT Job iLow 1 Mod Total t ' FT Jobs 1:Low/Mop i :is Lo w/ Mo: I l o l Tot:2: 'Actual __itarter. : ! I I: --,' ; I , i• 1: r. i "-_________1 .---- .,Actual Cumulative I: • i ,' i I I: [ I. . __ ..._ _..__. _ . ._ _. .. . . . ....._. . _. __. . .. . .. -, - • .*Supplemental Form kg Required-Performance&Benefit Data:Economic Development-Attached Y/N: I PERFORMANCE CERTIFICATION: El This certifies that No Accomplishments occurred during this Quarter. iiliti, I NOTE Submittal of Supplemental Form-Performance&Benefd Data is not required at this fime based on the certification that no accompfishments occurred during 3*quarter CERTIFICATION This is to certify that the data and other information provided in this Report is correct,based on official accounting system and records,and that expemitures and obligations shown have been made for the purpose of and in accordance with appficable Terms and Conditions of the Contract and Funding Requirements, Report Prepared by Title: Date: Print Name Signature ure of Certifying Official: . . The: . Date:. .-. . • . . -------- 0100.0.40/01W:41.3.:A:;;_:-14--.=:fa:: :aii;f2;i:::::4:4'::::07:-.F.-,:ii:.L.-:t.c:f:::•.:fz'„igi--:..-'••=-:'2..r:rz.i.:t-..-.:.''.,;::•• Activity ims Nuntei: Report 0 is/0 is not complete • Report 0 is;Ell is not accurate . Initial review for completeness and accuracy coMpleted by: 'Name • Date: Name: — Date: Coni------r---------____acts - T Lead-----e-----a . Performance&Benefit Data: Capital Improvement& Public Facilities MIAMI DAD.iE Supplement to Quarterly Expenditure and Progress Report ■ FY 2010 COUNTY Recipient Name: Activity Name: cam:;..::,.,,,•...=-.s "�oi#irigPeio#`<y... ���z=�y Activity ID#: Activity Category 1�Quarter[Jan Mar] 111 2 Quarter[Apr-Jun] ❑ HUD Activity Matrix Code: Accomplishment Type: 3'd Quarter(Jul-Sept] ❑ HUD Matrix Code Description: 4d,Quarter[Oct-Dec]/Annual Report Li ❑Acquisition/Disposition t •9 j�j�aS�$�T��13t1'S'. ❑Structures • ❑Parcels it of Structures ❑Clearance/Demolition ❑Structures • ❑Parcels #of Parcels ❑Street Improvements Persons Served • Low&Moderate Income #of Facilities ❑Public Facility/Type: Persons Served •Low&Moderate Income ❑Building/Type: Facilities•Persons Served •Low/Mod Income #of Persons Served _#of Low/Mod Income ❑Other Capital Improvement/Type:Indicate bekwl Persons Served • Low&Moderate.Income k z Instructions Applicability: or Applicabi4ty:National Objectives include LMA,LAC,LtvIH,SBA,SBR,SBS or URG 1.Total benefiting for program year: 2.Counts by Households(H)-or-Persons(P): 3_Of those assisted,enter the number that: a)Now have new access to this service or benefit b)Now have improved access to this service or benefit c)Now receive a service or benefit that is no longer substandard Total d)Now have new access to this type of public facility or infrastructure improvement e)Now have improved access to this type of public facility or infrastructure improvement f)That are served by a public facility or infrastructure that is no longer substandard Total g)Homeless persons given overnight shelter h)Number of beds created in overnight shelter or other emergency housing • DIRECTrBENEFIT`INFORMATION RACE!ETHNIC CATEGORY instructions:Indicate the total number of households or persons served in each Racial Category for this number depicted in each Racial Category.indicate the numbers that am of Hispanic period and the ulati e total. . From the total �sPaoic Ethnicity for this reporting period and the ciuiwlative.total RACIAL CATEGORIES '� � �'s�-�- '�` in��'���� �:•-c �•�r Racial Categories Ethnic Category Racial Categories Ethnic Category Number Number Hispanic `gan' White 1111 P � Total Number Number Hispanic Black/African American[12) Asian[13] American Indian/Alaskan Native[14] -Native Hawaiian/Other Pacific Islander[15J American Indian/Alaskan Native&White[161 • Asian&White Black/African American&:White[18] • American Indian or Alaskan Native&Black/African(19) I.Other Multi Radat[20] J Totals Perfotmaz ce&Benefit Data Capital Improvement&Puhfr_Faeamioe n a»to not 1.1 Performance&Benefit Data: Capital Improvement&Public Facilities MIAMI-DAD. Supplement to Quarterly Expenditure and Progress Report• FY 2010 COUNTY ?-:M ��i' "- �.a``�3- "3���`�Prr-�, �^�y�.� p K� CIy (�{ pig �" 'i..H` . .-,�.,:'£' a:.c'- '"jf.,,..t 6f-*t:F;:f .^` �.`f t - Alti 'rte`' W.: E 3° '._r DIRECT BENEFIT BY INCOME CATEGORY u REPORTPERIpQ70TAL5:: CUtNULA7IVE:TOTA[S:' OTHER DIRECT BENEFIT INFORMATION Income Categories REPORT�PERIODTOTAES" ..CUMULATIVE:TOTALS, Total Number Total Number Other Categories Extremely Low(30%or less) Total Number Total Number Low(31%-50%) Total#Benefiting from the Activity Moderate(51%-80%) Non Low/Mod(81%or greater) #of Female Headed Totals Households Census(C)or Survey(S)Data Used: If(S),enter#of Low/Mod&Total Population: Total#of Low/Mod in Service Area: Total Low/Mod Universe Population in Service Area: Percent of Low/Mod in Service Area: Census Tract: Block Groups: Census Tract: Block Groups: Census Tract: Block Groups: z= .cr.� 4 5 �_ a �`? g - �y j�?�f}�s _(�{ ` y .._,v��,- -. . ! ir?s..:. �'��� ,.�.:� .7�S .f:+k:-���`t�.!�+�`i� 5 Y47�t13 � •va ".i�� ..h - s $ 1.CDBG Funds $ S.Other Federal Funds $ 2_HOME Funds $ $ 6.Stale/Local Funds 3.ESG Funds $ 7.Private Funds $ 4.Section 108 Loan Guarantee $ 8.Other: $ Nate d F Source Total Funds _ti#.fift _y'tti? a-6, ,2� r n rt _ �t�` air F �� P 9 �tl� � �k�s�- t-..,c�,c-Ry�,.b ���,i�i,�`��;;}�.��sF��`? � �e•ems Report Prepared byr rLr Narne Title: Date: Signature of Certifying Official: ' Title: Date: • Attachment T) DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58,the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grant or loan recipient, Miami-Dade County will not fund projects that will negatively impact clients, communities., or the environment. Part I. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: ❑ CDBG ❑ HOME El HOMELESS(SRO/SHP) EDI ❑ HOPE VI ❑ NSP ❑ CDBG-R 2. Indicate Fiscal Year: FY 20 3. Name of Subrecipient/Agency: 4. Name of Proposed Activity: 5. Location (Address with City,ST and Zip)of Activity or Project: 6. Site Folio Number(s): 7. Commission District(s): 8. Direct Contact information of loan/grant recipient: Name: Address: City: I State: I Zip: Phone: ( Fax: 9_ Detailed deception of activity or project Form Rev hed;uystzoos 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 project result in the following? YES NO 1. Change in use 2. Sub-surface alteration(i.e.excavations) 3. New construction 4. Renovation or demolition 5. Site improvements(utilities,sidewalk,landscaping,storm drainage,parking areas,drives,etc.) 6. Building improvements(windows,doors,etc.) 7. Displacement of persons,households or business 8. Increase in population working or living on site 9. Land acquisition 10. Activity in 100-year floodplain 11. A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. 12. Use requiring operating permit(i.e.for hazardous waste, pretreatment of sewage,etc.) 13. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15. Street impovements 16. The impounding of more than 10 acre feet of water(e.g.digging a lake or diverting or deepening of a body of water). Part HI. SITE SPECIFIC.INFORMATION 2 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 yes, a site plan must be provided. Project(s) will not be environmentally reviewed without a site plan. 3. Photographs: Does the activity include new construction, renovation or rehabilitation? ❑ YES ❑ NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site, the following information: • Existing structure(s)on site? ❑ YES ❑ NO • Estimated age of structure(s)? 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? • YES . fl NO if yes,what is the estimated cost of rehabilitation or renovation? 3 What is the amount sought for funding? In addition, indicate if the estimated value of the improvement represents: [1 0 to 39.9 percent of the market value of the structure(s) [1 4- 0 to 49.9 percent of the market value of the structure(s) [1 5- 0 to 74.9 percent of the market value of the structure(s) n 7- 5 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, rriaio; renovations of 75% or more of the structures' market value, or a securing of a Ica; f(y.- nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County mtp.,d r e submitted to determine the likely presence of either a release or threatened rele,:7F hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a histcr, ownership, land use and zoning for the last 50 years; researching environmental rec rc s information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities arid underground storage tanks (available through the Department of Environmental Regulal,io i; and Management (DERM), Florida Department of Environmental Protection (FDEP) ';. Environmental Protection Agency (EPA)); and site inspection for physical era,;, contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? ❑ YES [-) NO 6. Environmental Health Information: • If a residential site, and the activity includes or involves rehabilitation, has it been insoe0e defective paint surfaces? [ 1 YES [l 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? F1 YES ❑ NO If yes,please submit the results. 7. Other Site Information: 4 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 facility? 6. Storage of hazardous materials on site? 7. Abandoned structure(s)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 I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and/or incorrect information will delay the initiation of the environmental review process by the DHCD staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one(1)year maximum. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated,return completed form and attachments to: Community and Economic Development Division Director Department of Housing and Community Development 701 NW 1s Court.-14th Floor • Miami,Florida 33136 5 TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT* CENST** Economic Development CEST*** EA**** New Construction Rehab X Non-Construction/Expansion X' X2 X Housing Single Family Rehab Multi-Family Rehab X New Construction X' X2 Homeownership Assistance X X Affordable Housing Pre-Dev. X Capital Improvement Handicapped Access Public Facilities X Infrastructure X' X2 Public Services X' X2 Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice/No Notice/No Notice/No Publish R RROF(No Statutory FONSI and RROF RROF Requirement Triggered) N01/RROF Or Publish N01/RROF (Statutory Requirement Triggered) Estimated Time Frame(Excluding 30-45 Days 30-45 Days 45-90 Da Triggered Statutes' Ys 90 Days Minimum X1 If for continued use and change in density o X2 Change in density tY(or size)of less than 20/o nsity(or size)of more than 20% Exempt Exempt.Activities CENST ,,,t Categorically Excluded and Not Subject to 58.5 CEST Categorically Excluded Subject to 58.5 Environmental Assessment(Format II) 6 ATTACHMENT E PLEASE REFER TO LIST OF REQUIRED DOCUMENTS FOR CONTRACT DEVELOPMENT THAT IS A SEPARATE ATTACHMENT TO THIS CONTRACT Attachment F ,— —1 Quantity required ,I, i L. _____________...i County Construction Sign Maly was ci Perma r tiOnt si9ns cled are subject to change) . 1 0 Replacement or 0 N.ew sign ----c-,------------'":".---f.7- Cartos Alvarez --",z--..2_2,,,5-1_,.,,,,7-ff;:t.7:,-:_:•%:-,--, _- '_, 1--,,,, ()en /.4ayr --,,---1.•-.,„_.:---,„--,-;:-41---- ------_--:..,- .,,-; 0 A-Frame 1 Sided or 0 A-Frame 2 Sided I nis C.Moss chairman 1 °=7-z---,z•l-;=v-,---- ,--_- ---, Barbara.1.Jordan fi-,:.,4'...'8,-,--- District 1 1 Rot rio O.Rage I MIAMPIDA6 Pro'ect Manager Dizgriet 2 Audrey M E _-ti ‘1 4,1 . drnoos on _ -. Divrict 3 ;, ___2. -177,.,._f-,;.„.,,,,,-3,. Sally A.Heyman \ ti- CRSIfiCI 4 ' ,..„ Telephone Number Bruno A.Barreiro -.1-; Mulct§" West \ , gb ....., , OCI16 Carlos A.eamegrer Intiejt code Dia' i 7 ..., 'D-la' ' Perrin e . N Katy SoiOnattn _ i_ , Deno rv/ Distrid 9 , L511:-hitrid: Libra Project Narne Ben.Javier D.Souto '''., ___-.. .....„115: \ athict 10 ,-_---'--.... , CLGO829 1:\ JOB&M4 e ........PrOjeU _ • Josti-Pepe Diaz Disicia 12 • ..-., Nataeba Segos I -1.3'frict 13 — -- ..._., , , ,. -, ..,_.::.:::_, _.: k \ _,-..' liarKeY&Ledo (.Y;-;.-rmmA ..,:--"'" '----":, - -:= Project Number Clerk of Caorts -;..,,,*"•I'E..---. ,a0r9t,M.0,_3$rtlatat CourriyAvoraf9Or District Commissioner Robert&Cuevas.Jr. County Afterrisr -:.,----- , _, --' - •,--— - • • . . _T-t4,-, rlt Cit,.,-f:r.ztipj.-.2..'.1-6 -at-to c.cre. 0_. •.),.',..1*--.7_ Mayor- Carlos Alvarez-- - --r : - • _ e-onitrsslOnetloe-A.--Niartinet Check W ARRA Funded C] Yes U No Most indicate Federal Departrrtent and I or www.rniernidode.gov or calf 3-1-1 I State Department if applicable Nic I. . .:f4;1,. ..:2';,,=" 1 i Ar :,..!•-... .-'1.:.• .i -. . -:.. .,. 1--,N,...Y ,a. _ :, . .‘,..--__:......--/ . , SAMPLE PLACEMENT Skin location address . 843,09 sion is t a' Pk's specific location 0 slim placement This Form to be Faxed to 305-375-1125 • Attention: 'Michael O.Smart _ , ATTACHMENT G FAIR SUBCONTRACTING POLICIES (Ordinance 97-35) FAIR SUBCONTRACTING PRACTICES In compliance with Miami-Dade County Ordinance 97-35, the Developer submits the following detailed statement of its policies and procedures of awarding subcontracts: THIS AFFIDAVIT IS INCLUDED IN THE SEPARATE ATTACHMENT TO THIS CONTRACT TITLED, REQUIRED DOCUMENTS FOR CONTRACT DEVELOPMENT • I hereby certify that the foregoing information is true, correct and complete. Signature of Authorized Representative: Title: Date: Firm Name: Fed.1D No:. Address: City: State: Zip Code: Telephone:( ) Fax.( ) MiaosdtWonilAlfidavits 200GRtevisedrmdm-01-04-2006 ATTACHMENT H SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) Firm Name of Prime Contractor/Developer 1 This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed by the developers on County contracts for purchase of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all developers on County or Public Health Trust construction contracts which involve expenditures of$100,000 or more This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, must be completed and submitted even though the developer will not utilize subcontractors or suppliers•on the contract. The developer should enter the word "NONE" under the appropriate heading on this form in those instances where no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified,except upon written approval of the Cot ins,, 27i er) .>.,�—.�_ ._.. .,. .ru�a-'''a �3_�::ra.�4'�e-'�bn 6e a P y�� `r.�����c — �' 1 s• 5a ,` r. • _ - Vic.Y-•._ ..:Z - 1 i • I certify that the representations contained in this Subcontractor/Supplier Listing are to the be knowledge true and accurate. Signature Developer(s) Print Name Print Title Date (Duplicate if additional space is needed) Authorized Representative - NGCrosoft Word/ Affidain'ts 2096/ftevised/mdm-01-04-2006 1 ° _ '81 M1AM Memorandum COUNTY Date: October 5, 2010 To: Honorable Chairman Dennis C. Moss Agenda Item No. 8(K)(1)(B) and Membe Board of County Commissioners From: George 4' �ti .rr. Resolution No. R-980-10 County M. a:r~.:, S 11, WI ubject: Subs ial Amendment t e FY 2010 Action Plan Regarding FY 2010 Community Development Block Grant(CDBG)Funding This item differs from the original in that it 1) removes the $372,038 originally recommended for the Sherbondv Park Rehabilitation project and increases the Sepal Park Rehabilitation protect allocation by that same amount based on input from the City of Opa-locka. and 21 recaptures and reallocates an additional$350.000 in previously awarded FY 2010 CDBG funds. - RECOMMENDATION It is recommended that the Board of County Commissioners (Board) authorize the County Mayor or the Mayor's designee to amend the FY 2010 Action Plan and allocate$2,770,870 of Community Development Block Grant(CDBG)funds as shown in Exhibit 1. According to the U.S. Department of Housing and Urban Development (US HUD), the County's FY 2010 CDBG allocation was higher than originally estimated by $2,520,870. However, this item only allocates $2,420,870 in new funds because program income is estimated to be $100,000 less than originally budgeted. In addition, staff is recommending the reallocation of $350,000 in CDBG funds that were originally allocated through the FY 2010 Action Plan, bringing the total requested reallocation to $2,770,870. SCOPE Exhibit 1 shows the Commission District in which each project to be allocated CDBG funds is located; however, the benefits from certain projects may affect more than one Commission District and in some cases,the benefit may be countywide. FISCAL IMPACT/FUNDING SOURCE Approval of this resolution does not create a fiscal impact to the County. The $2,420,870 in FY 2010' CDBG entitlement funding considered under this item represents additional funds available to the County above the original estimated FY 2010 CDBG award. The additional recapture and reallocation of$350,000 will help the County meet US HUD's CDBG spending requirements. The County has a total of $19,779,850 under its CDBG program for FY 2010, comprised of CDBG entitlement funds($1 9,579,850)and the revised estimate for program income($200,000). BACKGROUND On an annual basis, the Board approves the filing with US HUD of the Miami-Dade County Action Plan with projected uses of funds for the CDBG program. On November 3, 2009, the Board approved the FY 2010 Action Plan through Resolution R-1284-09 which allocated a CDBG entitlement grant of$17,058,980 and $300,000 in estimated program income. On May 29, 2010, US HUD notified the County that the CDBG award for Miami-Dade County was $19,579,850 ($2,520,870 over the original estimated amount). As mentioned previously, this item reallocates a total amount of $2,420,870 in new CDBG funding, after the$100,000 reduction in estimated program income, plus$350,000 in recaptured funds. Allocation of New Funding($2,420,870), As allowed under US HUD guidelines, 20 percent of the new funds ($484,174) have been allocated for program administration. Honorable Chairman Dennis C. Moss and Members, Board of County Commissioners Page 2 Consistent with the County's approved Consolidated Planning Policies, 40 percent of the new funds ($968,348) are made available for not-for-profit organizations and participating municipalities in the categories of Economic Development and Public Facility Improvements. These funds are recommended for allocation to activities that were previously deemed eligible for funding, and: 1) demonstrated an existing funding gap;or 2) met the County's mandate for the"finish what we started" policy. This included eligible activities that did not receive funding or were not fully funded under the regular RFA process. The eight activities recommended for funding are explained below: 1. Acclon USA,Inc.,Micro Loan Program($31,430) The additional funds for the existing Micro Loan Program will result in the creation of one job for a low- to-moderate income person. 2. South Florida Urban Ministries,ASSETS Miami($20,000) The additional funds for the existing Economic Development and Technical Assistance program will result in the creation of one job for a low-to-moderate income person. 3.' City of Opa-Locka,Segal Park Rehabilitation($631,821) • The additional funds will be used to rehabilitate the Helen Miller Center located in Segal Park. The rehabilitation will include foundation, plumbing, electrical and structural work at the facility. This is a change from the original item increasing the amount from $259,783. 4. City of North Miami Beach,Allen Park Recreation Center/Renovation($150,000) The funds will be used for the rehabilitation of the Allen Park Recreation Center. to include roof replacement interior renovation and the installation of an elevator for ADA access. 5. Jewish Community Services of South Florida,inc.,Miami Beach Senior Center Capital Improvement Project($34,678) Funding will be used for numerous life safety improvements that must be made to meet current building code requirements and ensure a safe environment for elderly clients of the Adult Day Care Program. 6. Business and Technology Development Corporation,Carrie P.Meek Center Building Renovation($20,000) Funds will be used to continue the rehabilitation of the classrooms in the business center facility. 7. City of Miami Springs,Miami Springs Senior Center Rehab($25,000) The funds will be used to complete the improvements of the facility including ADA upgrades. This activity is recommended for funding under the"finish what we started"policy. 8. City of Sweetwater,Mildred Pepper Senior Center($55,419) The funds will be used to complete improvements at the Mildred Pepper Senior Center and is recommended for funding under the"finish what we started"policy. The remaining 40 percent ($968,348) is recommended for allocation to County departments for activities that benefit low-to moderate-income persons in the Neighborhood Strategy Revitalization Areas and other CDBG eligible geographic areas. As allowed by US HUD, 15 percent of the amount available for allocation ($363,131)will be set aside for public service. The two allocations to County departments are: 1. Community Action Agency, Arcola Lakes Head Start Facility($605,217) Funds will be used to build six classrooms that will be used to serve 120 children at the Arcola Lakes Head Start Facility. 2. Miami Dade Juvenile Services Department:,Juvenile Services Diversion Program($363,131) These funds represent the 15 percent set-aside for public service. Through the existing Juvenile Services Diversion Program,the proposed funds will be used to serve an additional 350 juveniles. 2._ Honorable Chairman Dennis C. Moss and Members, Board of County Commissioners Page 3 Recapture and Reallocation of FY 2010 CDBG Funds($350.000) it is recommended that$350,000 be recaptured from the Community Action Agency Facility improvements activity. A total of$1.776 million was approved for these improvements as part of the FY 2010 Action Plan and $350,000 is now recommended for reallocation to the Community Action Agency Le Jardin Head Start/Early Head Start Child Care Child Care Center. This funding will be used to construct a new Head Start/Early Head Start Child Care Center for low-to moderate-income families. TRACK RECORD/MONITORING The entitles recommended for funding have a history of successfully delivering the products and/or services pursuant to their contractual agreements with the County, or are in the process of completing their activities. The County, through its Project Managers, Planners and Professional Services staff will work to ensure successful and timely completion of the activities recommended for funding. Attachment Assistant my Manager 3 o_\ °`` , ,; MEMORANDUM (Revised) TO: Honorable Chairman Dennis C. Moss DATE: October 5, 2010 and Members,Board of County Commissioners• FROM: R. A. Cuevas, Jr. en SUBJECT: Agenda Item No. 8(K)(1)(B) County Attorney Please note any items checked. "3-Day Rule"for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Manager's report for public hearing No committee review Applicable legislation requires more than a majority vote(i.e.,2/3's , 3/S's ,unanimous )to approve Current information regarding funding source,index code and available balance, and available capacity (if debt is contemplated) required "I Approved Mayor Agenda Item No. 8(x)(1)(B) Veto 10-5-10 Override RESOLUTION NO. R-980-10 RESOLUTION AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO AMEND THE FY 2010 ACTION PLAN TO REFLECT THE ALLOCATION OF FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $2,770,870, AS INDICATED IN EXHIBIT 1; AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE PROGRAM, AND TO SHIFT FUNDS AND FUNDING SOURCES AWARDED FOR A PROJECT TO ANY NEW ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT A PROJECT NECESSARY TO CARRY OUT THE ABOVE PROGRAMS; AND AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN WHEREAS,this Board desires to accomplish the purposes outlined in the accompanying memorandum,a copy of which is incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board authorizes the Mayor or Mayor's Designee to amend the FY 2010 Action Plan to reflect the allocation of [[$2;420;8-70]] >>$2,770,870«1 in FY 2010 Community Development Block Grant Funds (CDBG)as indicated in Exhibit 1 and authorizes the Mayor or Mayor's designee to execute such contracts, agreements and amendments, as are required, following approval by the County Attorney's Office and subject to proper execution by the parties; to shift funds and funding sources awarded for a project to any new entities created for the purpose of carrying out a project The differences between the substitute and the original item are indicated as follows: words stricken through and/or [(double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< constitute the amendment proposed. 0 0 c 0 - o S o co pOp Opc at r- .-1 o o o C V 00 0 0000 C .^-1 4. 0 CO N 0 ttO O O d' N -I 0 40 o �0 try 6 O .- , d .-1' O ' O tz LA vi M d O' m O� 'CT PMv,1 n S6 a) Cet N V! 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' -''.9... • 1_,vgis1auve matter Page 1 of 6 Miami-Dade Legislative Item ' 9 TY File Number: 110253 File Number: 110253 File Type: Resolution Status: Adopted Version: 0 Reference: R-67-11 Control: County Commission File Name: MULTI-YR ACTION PLAN-CDBG,HOME & RENTAL Introduced: REHAB 2/2/2011 Requester: Department of Housing and Cost: Final Action: 2/1/2011 Community Development Agenda Date: 2/1/2011 Agenda Item Number: 8K1A Notes: THIS IS Title: RESOLUTION AUTHORIZING THE MAYOR TO AMEND THE FINAL FY 1998, FY 2002, FY 2003, AND FY 2005 THROUGH FY 2010 VERSION ACTION PLANS TO REFLECT THE REALLOCATION OF AS COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) FUNDS ADOPTED. IN THE AMOUNT OF $1,685,990.11, HOME INVESTMENT ALSO SEE PARTNERSHIPS (HOME) FUNDS IN THE AMOUNT OF 102793. $3,501,176.73, RENTAL REHABILITATION (RR) FUNDS IN THE AMOUNT OF $1,000,000, AND THE ALLOCATION OF EMERGENCY SHELTER GRANT(ESG) FUNDS IN THE AMOUNT OF $28,237, AS INDICATED IN EXHIBIT A; AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE PROGRAMS, AND TO SHIFT FUNDS AND FUNDING SOURCES AWARDED TO A PROJECT TO ANY NEW ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT A PROJECT NECESSARY TO FULFILL THE OBJECTIVES OF THE ABOVE PROGRAMS; AND AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN jSEE ORIGINAL ITEM UNDER FILE NO. 102793] Indexes: ACTION PLAN Sponsors: NONE CDBG FUNDS HOME FUNDS REPAIRS Sunset Provision: No Effective Date: Expiration Date: Registered Lobbyist: None Listed http://WWW.MiaMidade-gOV/Onvaetinn/mattAr nr.L ' r•• .. . - Z PUBLIC HEARING ♦ A p.Me lowing i adMii.d la Honig,sM and Cenormilly Dw$apod 66:01 Comb.11My flybobst 14 2014N OAO aw„to go Bad N Coady Ewnh W nn cl bws ba4d sage mo d N Its Obp9sa P.M Coder.111NW 1.OMM.Mai,HbWa.Mapib$treip vas alpw6/aurihdf AMIQpt1.1070.etm.dMrndbtlrSeplrrcM 1S 2010 NCO Crmdw Pusivelwbbtt Mgaua l r• ..• ���byA�• P� ®aoNyb.. I" . .Vii' ..., aebetmb n.111‘BOW Aapbl St, • , • . 14 fm, bf d Rt IXn N1a 0o*FMviip 6w6n&psdw6 d(7$a�21O0,1 tow wtpeslw.mnwOinOlhksidoe.a I)r.q.ntaaomod.aM41646dana•E+ 91••b9 MUdbw NWt•Coot 116K Ptid.rMw a soli cow wtl alb atimmimi6de. largo=1i.. in CDBO Ands lobs exam wlndantedloK ��r1� E•:—'*'7.^ P�l� w(�etpte.} -MSS.Op Cawood' 11i-T.:�i ASSETS16w6 O2lOW I.2.1.6.7,9. 1.l Grb PMei ardor BNlnp tli10i.0w 181,000 49.10 Mid North ram Owdl 6190A00 2 •ErE=22EMESIEM=MEZEI FEMME CA1'•1 SsaabrM $56,419 12 Coma*Ps6,1066=1 "SEC* 911.670 ArsonlirStakes 0ip"ei'"le 536,131 *wept t Ain:wa6m $1Stl7l Ca.nryido II:3nf.All Legisiauve matter Page 2 of 6 Legislative History Acting Body Date Agenda item Action Sent To Due Date Returned Pass/Fail County Attorney 2/9/2011 Assigned Shannon D. Summerset County Manager 2/2/2011 Assigned County Attorney 2/1/2011 REPORT: DHCD[Amended 102793-ATTACHMENT ONLY] County Manager 2/2/2011 Assigned Howard Piper Board of County 2/1/2011 8K1 A Adopted as P Commissioners AMENDED amended REPORT: It was moved by Commissioner Heyman that the Board adopt the foregoing proposed resolution as amended.This motion was seconded by Commissioner Jordan, and upon being put to a vote, passed 10-0. (Chairman Martinez and Commissioners Seijas and Souto were absent)The amended version was assigned Resolution No. R-67-11 Legislative Text TITLE RESOLUTION AUTHORIZING THE MAYOR TO AMEND THE FY 1998,FY 2002,FY 2003, AND FY 2005 THROUGH FY 2010 ACTION PLANS TO REFLECT THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)FUNDS IN THE AMOUNT OF $1,685,990.11,HOME INVESTMENT PARTNERSHIPS (HOME)FUNDS IN THE AMOUNT OF $3,501,176.73, RENTAL REHABILITATION(RR)FUNDS IN THE AMOUNT OF$1,000,000, AND THE ALLOCATION OF EMERGENCY SHELTER GRANT(ESG)FUNDS IN THE . AMOUNT OF $28,237, AS INDICATED IN EXHIBIT A; AUTHORIZING THE MAYOR OR - MAYOR'S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE PROGRAMS,AND TO SHIFT FUNDS AND FUNDING SOURCES AWARDED TO A PROJECT TO ANY NEW ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT A PROJECT NECESSARY TO FULFILL THE OBJECTIVES OF THE ABOVE PROGRAMS; AND AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN BODY - WHEREAS,this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-D.ADE COUNTY,FLORIDA,that this Board authorizes the Mayor or Mayor's designee to - amend•the FY 1998,FY 2002,FY 2003, and FY 2005 through FY 2010 Action Plans..to..reflect the reallocation of$1,685,990.11 in Community Development Block Grant(CDBG),$3,501,176.73 of .....-_�Home-Investment Partnerships s HOME $1,000 000 of Rental Rehabilitation(RR) p (HOME), , ;and-the allocation ...- . • 14tn //unxnu miam;rlarlp anir/anvar tinn/rnattpr acrO natte=1 10961kfile..=falsekvearFolder. 7/17/Ml i LAgiblituve matter Page 3 of 6 of$28,237 in Emergency Shelter Grant(ESG) funds, as indicated in Exhibit 1 and the Mayor or Mayor's designee to execute such contracts, agreements amendments,as'authorizes required, following approval by the County Attorney's Offi and subject t to execution eby the parties; to shift funds and funding sources awarded to a project to any new entities created for the purpose of carrying out a project necessary to fulfill the objectives of the above programs; and to exercise the cancellation provisions contained therein. HEADER Date: To: Honorable Chairman Dennis C.Moss and Members, Board of County Commissioners From: George M. Burgess County Manager Subject: Resolution Amending the Multi-Year Action Plans to Reprogram CDBG, HOME and Rental Rehabilitation Funds and Allocate Additional FY 2010 ESG Funds Received from US HUD STAFF RECOMMENDATION It is recommended that the Board of County Commissioners(BCC) authorize the Mayor or the Mayor's designee to amend the FY 1998, FY 2002,FY 2003 and FY 2005 through 2010 Action Plans to recapture and reallocate$1,685,990.11 in Community Development Block Grant(CDBG), $3,501,176.73 in Home Investment Partnerships Program(HOME),and $1,000,000 in Rental Rehabilitation (RR) funds. It is also recommended that the proposed amendment to the FY 2010 Action Plan additional FY 2010 Emergency Shelter Grant SG allocate Department of of Housing and Urban Development(US HUD) above the originally budgeted amount Pent of Action Plan. All the recommendations for recapture and reallocation are detailed in Exhibit 1. 2010 MANAGER'S BACKGROUND SCOPE Exhibit 1 includes information on the Commission District for each project recommended for funding CDBG, HOME, RR,and ESG funds. The benefits from certain projects may affect more n one Commission District and in some cases may be Coun than Countywide. FISCAL IMPACT/FUNDING SOURCE Approval of this Resolution will not have a fiscal impact on the County. This item reallocates federal CDBG, HOME, and RR funds to eligible activities, and allocates an additional-.$28,237 received from US HUD to Camillus House for the operation of the Beckham Hall facility. CDBG, HOME, and RR funds are being recaptured and reallocated to public facilities, economic development and housing activities that serve the Neighborhood Strategy Revitalization Areas (NRSAs)and other eligible geographic areas throughout Miami-Dade County. The all . funds to activities that have the capacity to achieve their intended goals and objectives ithin of these appropriate timeframes reduces the Cou ity's risk of having CDBG and HOME funds de-obligated the federal government. g ed by htt)://Www.inlai111dad@.p-ov/g[tvArtinn%m attar aer.7.,,ntt..._1 1/111)o_L-1 r . — Lcg.wiauve'viauer Page 4 of 6 The ESG funds recommended for allocation represent$28,237 in additional funding awarded to the County above the$760.589 that was estimated in the 2010 Action Plan. TRACK RECORD/MONITORING The Department of Housing and Community Development(DHCD)monitors all activities funded through CDBG, HOME,RR, and ESG. Through the review of quarterly progress reports and monitoring by project managers, DHCD will monitor these projects to ensure compliance with federal guidelines and County policies. BACKGROUND Activities funded in FY 2010 and prior years are monitored throughout the course of the year to ensure compliance with federal regulations and that the activities are making progress towards accomplishing their respective national objective. Based on staff's review,it is recommended that the BCC approve the recapture and reallocation of$1,685,990.11 in CDBG, $3,501,176.73 in HOME and$1,000,000 in RR funds. Additionally,Miami-Dade County estimated that it would receive$760,589 in ESG funds in the FY 2010 Action Plan;however, US HUD's actual ESG award to the County was$788,826,or$28,237 higher than the estimated amount. This item also seeks to allocate the additional ESG amount. DHCD recommends the recapture and reallocation of CDBG,HOME and RR as appropriate, from activities that: 1) are unable to meet the national objectives;2) are completed and have unexpended balances; 3)have expired contracts;or 4) are HOME supported projects that will not be able to meet US HUD's requirement of initiating expenditures within one year after receiving the funding award. The item also reallocates these funds to eligible activities that: 1) were not fully funded through the Request for Application(RFA)process, 2)have demonstrated an existing funding gap, 3)are eligible for funds under the"Finish What We Started"policy approved by the BCC; or 4)represent high priority public facility improvements or activities in the NRSAs or Eligible Block Groups. Most of the entities recommended for funding have successfully delivered the products and/or services as specified in their contractual agreements with DHCD. CDBG($1,685,990.11) The total amount of CDBG funds recommended for recapture is$1,685,990.11 from 50 activities in 1998, 2002, 2003,and 2005 through 2010 Action Plans. Most of those activities have been completed and the unexpended balances must be recaptured as part of the US HUD required close-out process. Additionally, funds are being recaptured from agencies with activities that are no longer feasible or have not been able to spend their funds in a timely manner. As such,it is recommended that the recaptured CDBG funds be reprogrammed to the activities described below.It is important to note that 48 percent of the reallocated CDBG funds will directly benefit the residents of the NRSAs. 1. City of North Miami Beach-NE 172 Street Roadway/Infrastructure Project($350,000) The City of North Miami Beach is a participating municipality in the County's CDBG entitlement program. Funds will be used to construct a new drainage system and roadway improvements on NE 172 Street from NE 23 Avenue to West Dixie Highway.These funds will address an existing funding gap for this project under the Finish What We Started policy. 2 City of Opa locks Segal Park Rehabilitation,Helen Miller Center($18,1'79L, ...hi s is an.activity m the Opa-locks NRSA Funds will botused to rehabili ate tie Helen Miller Center .locatectxn Se-gal Park. This.allocation wiIl.fully address.the project's fundin a ., httn://www.rniamidade.ffov/aovaction/matter.asn?matter=110251kfile=falcPRr.,e irPn1Apr= 1/111'n1 1 iviatter Page 5 of 6 3. Neighbors and Neighbors Association, Inc. -Technical Assistance Program($100,000) This activity will support businesses in multiple NRSAs. Funds will be used to provide direct technical assistance to a minimum of 50 Mom and Pop businesses in the NRSAs and will create three jobs low- to moderate-income residents. r 4. South Florida Puerto Rican Chamber of Commerce, Inc- Micro Loan/Technical Assistance ($50,000) This activity will serve businesses in multiple NRSAs. Funds will be used to provide micro loan technical assistance to businesses in the NRSAs and will create two low to moderate income •ob and fully fund the agency's funding request for FY 2010. l and 5. Department of Housing and Community Development-West Litter River Right-of-Way and Landscaping Improvements,Phase II and III($1 90,358.14) This is an activity in the West Little River NRSA. Funds will be used to continue street and Ian improvements on NW 88 Street from NW 12 Avenue to NW 14 Avenue. dscape 6. Department of Human Services(DHS)-Repair and Renovate Human Services Facilities(funds are being provided to address asbestos problems identified at the D ( 9,036) Human Services' Miami Gardens Neighborhood Service Center. epartment of 7. Park and Recreation Department-Country Club of Miami Park Improvements($200,000) The FY 2010 Action Plan includes$200,000 in CDBG funding for the Amelia Earhart Park. However, staff later determined that this activity would not meet a national objective.As such, it is recomm that funds be transferred to the Country Club of Miami Park, which is administered b the Par ended Recreation Department, for walkway and lighting improvements. y k and 8. Department of Planning and Zoning-Mc Farlane House($85,000) The FY 2010 Action Plan includes$85,000 in CDBG funding for the Historic Preservation Mindermann House and the Historic Preservation Cauley Square activities. However, at the request Department of Planning and Zoning,these funds are being recommended for recapture and of reallocation to the Historic Preservation McFarlane House activity to complete the project. The McFarlane House project includes the preservation and rehabilitation of a historically designated single-family house in Coral Gables. gn ed 9. Community Action Agency-Residential Rehabilitation Program activity will serve residents in multiple NRSAs. The additional($443,416.97) This affordable residential rehabilitation for low- to moderate-income households in the NRSAs,with aIe on residential energy conservation. th a focus HOME and RR ($4,501,176.73) A total of$3,501,176.73 in HOME funds and $1 million in RR funds is recommended for rec and reallocation.Most of the agencies identified have activities that are no long-Er r feasib apture agencies have not been able to expend funds in a timely manner.As such,it is recommended that recaptured funds be reprogrammed to the activities described below: these 1. City of Hialeah Gardens - Samari Lakes East Condominiums Health and Safety Improvements ($250,000) This is an existing rehabilitation activity comprised of 29 housing units. The recommended a llocation come. will cover the rehabilitation of 13 additidl housing units for qualified low to moderate income bringing the total number of rehabilitated units to 42. _.. . httn://www.miamidade.govionvnotintiln,th, Legislative Matter Page 6 of 6 . 2. Shepherd's Court,LLC, - Shepherd's Court Permanent Housing($388,240) At the written request of Camillus House, LLC,HOME funds for the Camillus New Permanent Housing project are being recaptured and reallocated to Shepherd's Court,LLC,an entity created by Camillus House to develop and operate the permanent housing development. Camillus House also requested that the name of the activity be changed to Shepherd's Court Permanent Housing. The project will consist of 80 efficiency units of permanent housing for single homeless adults and is part of the New Camillus House Center, a larger behavioral treatment facility located at 1603 - 27 NE 7th Avenue. 3. Magnolia North Apartments($2,000,000) As approved by the BCC on November 3, 2010,through Resolution R-1102-10, funds are recommended for reallocation to the Opa-locka CDC for the acquisition and rehabilitation of a 30-unit multi-family apartment building, located at 15050 Duval Street and 2060 and 2070 Lincoln Avenue in the Opa-locka Triangle area,recently renamed Magnolia North. The total project is currently estimated to cost$4 million, and the$2 million under this item will cover the remaining funding gap. The rehabilitation will result in the availability of 30 affordable rental housing units for low to moderate income residents of Opa-locka. 4. Department of Housing and Community Development($1,862,936.73) It is recommended that DHCD be awarded $892,936.73 in HOME funds and$1 million in RR funds to rehabilitate/upgrade three of the nine Section 8 New Construction sites owned by the County. These sites,representing a total of 112 units, are located in Goulds(48 units), Wynwood(40 units)and Coconut Grove(24 units).The work includes installation of heating,ventilation and air conditioning (HVAC) systems at two of the three properties and pressure washing and painting of all three properties. The properties are managed by a private firm which will oversee the work. ESG ($28,327) It is recommended that the additional$28,237 of FY 2010 ESG funds be allocated to Camillus House to operate the County's Beckham Hall facility..Beckham Hall provides temporary shelter and other services to 400 homeless individuals. Attachment Assistant to the County Manager Home I Agendas { Minutes I Legislative Search { Lobbyist Registration J Legislative Reports 2011 BCC Meeting Calendar J Miami-Dade Counts/Code of Ordinances I ADA Notice J Home I Using Our Site J About J Phone Directory I Privacy ( Disclaimer • E-mail your comments,questions and suggestions to Webmaster Web Site 0.2011 Miami-Dade County. All rights reserved. • . , httn://www-miamidade_unv/s�nvar;.tinn/matter ac 7mattor-1 1MS22,f 1 .i�oQ..o.,«L„t,7,.— 1/� /�ni ®' I PUBLIC HEARING Y..I' - •n Je' - "- I' 11 PLANA/ENC0ENT TO TftE FY 2010 ACTION PLAN A public hearing is scheduled for the Housing and Community Development(HCD)ComePoee Meeting• September 15,2010,at 930 am,In Are Board of County Commissioners Chambers located on the second - - of the Stephen P.Clark Center,111 NW 1+Street,Miami,Florida The pudic heating was odgina*y scheduled for July 14,2010,but was deferred b the September 15,2010 HCD Committee meeting One b lack of quorum.The• ••- of the public hearing Is to give the pudic an opportunity to comment on the proposed Substantial Amendment to the 2010 Action Plan.The imposed Amendment seeks to allocate$Z770,870 of Community Development Bock (CDBG)funds available for reprogramming.The public is invited b attend and comment. Comments may also. submitted In writing from August 31,2010 to September 30,2010 to the attention of Sheila Martinez,Interim Co. DMsice Director,LOari-Dab County Department of Housing and Commwdty Development(DHCD),701 NW 1• • 14e Floor,Miami,Florida 33136. Please contact Rosa Davis,Planning Section Supervisor,at(786)469-2100,if • have any questions concerning he action,or to request a0WnmOdatdw for deeded ornan-Engieh speaking residents Such requests nest be made In advance of the scheduled Milt heating.Federal regulations governing CDBG wire that a paticpetirg Jurisdiction provide citizens with reasonable notice of,and an opportunity to comment on,• Substantial Amendments to the FY 2010 Action Plan.A complete copy of the amendment is available at our office at 70 NW 1•Court,Miami,Florida and alt be available on our web site at wwe.ndamdade.govbed The proposed anendnen MN for the$2,770,870 in CDBG funds to be allocated as indicated below. e_rmr,mended Scu-ces:Jr!'DBG F.ir of R,eaptur,d Miami-Dab Department of P12010Add00nel CDBG Entitlement 42,420,870 County wide Housing and Community (Allocation) l Miami-Dade County Facility tnprovements(Recaphue) -$350,000 Candy wide --=ommr.,m�?Od atnbnbon o._T.._ Accbn USA,Inc Micro Loan• _t... ,,,,.7 South Florida Urban Msdsdes, Inc-MIA ktiant Urban ASSETS Miami $p 000 1,2,3,6,7,9, Mi isbies of United Methodist 13 Church,Inc. Business and Technology Carrie P Meek Center Building Devel•• t The Rehabititaborn $20,000 8,9,10 10,3 .ur^ Miami • •-•Senior Center Rehb $25,000 0 City of North Mac Beach Men Padu Recreation $150,000 2 C ,of.e.:.•ockak .=;c' _...-•.PakRerubBtation-.. ;.,SS'Sb31;821' :e MNded Pepper Secor Cade City of Sweetwater ,•.,,:. ;t; IDIS#2016 $55,419 12 • Action .,;� Head Start Facli -Arcola Lakes Mii. 11.111EIESIM Community Action Agency Le JmBn Fad/Head Start/Early Head $350,000 8 Chid Care Canter $34,678 5 Miami-Dade Jwacte Services Juverde Services Department's $363,131 Diversion. Counrywida Miami-Dade Department of Housing and Community Adrninieba0on $484,174 Countywide zi_cis--I:re.g :c n;:p aegaiaas miain ioacccc•a Resolution No. 11-8200 NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to accept the Miami-Dade County Housing And Community Development Grant Award, in the amount of Six Hundred and Fifty Thousand Dollars ($650,000.00), for Segal Park Rehabilitation—Helen Miller Center Project, for the contract period of March 1, 2011 to February 28, 2013, in a form acceptable to the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23`d day of March, 2011.,,,,, 6 RA TA LOR MAYOR Attest to: 6 Deborah S. Irby City Clerk Approved as to form and legal sufficiency: idtI / 10 0,, Jos; S. G ler C' /Attorn Resolution No. 11-8200 Moved by: COMMISSION HOLMES Seconded by: VICE MAYOR JOHNSON Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Miller: NOT PRESENT Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 4824990 v 1 opP-Lockq.. 0 c OAGS L. Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus issioner Gail Miller FROM: a e Patt son City ana r DATE: March 17, 2011 RE: Acceptance and Authorization to accept the HCD-CDBG grant award for Segal Park Rehabilitation—Helen Miller Center Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA AUTHORIZE ACCEPTANCE OF THE MIAMI-DADE COUNTY HOUSING AND COMMUNITY DEVELOPMENT GRANT AWARD, IN THE AMOUNT OF SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($650,000.00) FOR THE SEGAL PARK REHABILITATION — HELEN MILLER CENTER PROJECT FOR THE CONTRACT PERIOD OF MARCH 1, 2011 TO FEBRUARY 28, 2013, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. Description: Miami-Dade County Board of County Commissioners approved the agreement on October 5, 2010 through Resolution #R-980-10 and on February 1, 2011 through Resolution # R-67-11 for Segal Park Rehabilitation — Helen Miller Center Project. This request is for authorization to accept the CDBG funds awarded for FY 2011 and for this project to accomplish the renovation of Helen Miller Center and to execute the contract agreement between the City of Opa-Locka and the Miami Dade County Department of Housing and Community Development. Financial Impact: No fiscal impact, one hundred percent of the proceeds are Grant dollars. Implementation Time Line: Legislation effective immediately from the date of adoption. Legislative History: None Recommendation(s): Staff recommends the adoption of the Resolution to authorize the acceptance of the CDBG award and further to authorize the City Manager to enter into and execute the necessary agreement, in a form acceptable to the City Attorney. Analysis: The Segal Park Rehabilitation — Helen Miller Project is a comprehensive improvement plan to rehabilitate of existing building. ATTACHMENT(S): Copies of the Miami Dade County Contract and Resolutions. END OF MEMORANDUM Resolution Number# R-980-10 ($631,821) # R-67-11 ($18,179) Duns Number# 083111823 Awarded Amount $650,000.00 CDBG 2010 FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT Municipalitiy CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA This Agreement(hereinafter referred to as"Agreement"or"Contract"), by and between Miami-Dade County, a political subdivision of the State of Florida, hereinafter referred to as "County" and The City of Opa-Locka, hereinafter referred to as "Awardee" and having offices at 780 Fisherman Street, Opa-locka, Fl 33054 and telephone number of 305 953-2821,states conditions and covenants for the rendering of Community, Economic or Housing activities hereinafter referred to as "Activity or Activities" for the County through its Department of Housing and Community Development hereinafter referred to as"DHCD,"and having its principal offices at 701 N.W. 1 Court, 14th Floor, Miami, Florida 33136, collectively referred to as the"Parties." WHEREAS, the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the Miami-Dade County Mayor; and WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable urban communities. WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an ability to provide these activities; and WHEREAS, the County is desirous of obtaining such activities of the Awardee,and the Awardee is desirous of providing such activities;and WHEREAS, the County has appropriated $650,000.00 of CDBG funds to the Activity Segal Park Rehabilitation- Helen Miller Center. All CDBG funds, except those awarded to County Departments and Municipalities,will be awarded in the form of a loan that is forgivable if the national objective is met pursuant to the terms and conditions set forth herein, including but not limited to Section W(2)(a)(1)-(2). WHEREAS, the Awardee shall carry out the activities specified in Attachment A, "Scope of Services", in Miami-Dade County or the focus area(s)of the county. NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. DEFINITIONS DHCD Department of Housing and Community 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 development Corporation 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. Local Having headquarters in Miami-Dade County or having a place of business located in Miami-Dade County from which the Contract or Subcontract will be performed. 1 Low-and Moderate-Income A person or family whose annual income does not exceed 80% Individual or Family of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Very Low Income Individual or A person or family whose annual income does not exceed 50% Family of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Contract Records or Agreement Any and all books, records, documents, information, data, 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. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami-Dade County. Property The real property as descibed by legal description in any loan documents executed between Awardee and the County and any real property of Awardee or Related or Affiliated Entities (as defined herein) acquired or improved upon with funds awarded pursuant to this Agreement or on which funds awarded pursuant to this Agreement are anticipated to be used. Subcontractor or Subconsultant Any individual or firm hired on a contractual basis by the Awardee for the purpose of performing work or functions cited on the Action Step Format(Attachment"A1)of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee. II. THE AWARDEE AGREES: A. The Awardee shall carry out the activities specified in Attachment A,"Scope of Services,"which is incorporated herein and attached hereto, in the County or the focus area(s)of the County. B. Insurance Requirements Upon DHCD's notification, the Awardee shall furnish to the Department's Community and Economic Development Division (CEDD), 701 N.W. 1 Court, 14th floor, Miami, Florida 33136, relevant certificate(s) of Insurance evidencing insurance coverage as detailed in the Scope of Service (Attachment A). The effective coverage start date of applicable insurances shall not be later than the date of the Agreement execution and shall be approved by Miami-Dade County's GSA Risk Management Division prior to any reimbursement being processed. All certificates and insurance updates must identify the names of the Awardee and the Activity being funded through this Agreement. The Awardee shall provide Builder's Risk Insurance and/or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. 2 Any changes to the required insurance policies, including coverage renewals, must be submitted to DHCD through a formal notice immediately upon occurrence throughout the Agreement period. If the Awardee fails to submit the required insurance documents in the manner prescribed in these requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the Awardee shall be in default of the terms and conditions of the Agreement. C. Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the Agreement period, including any and all option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee must have the coverage cited in Attachment B-1 of this Agreement at the time that it begins construction on the project. If the insurance certificates are scheduled to expire during the Agreement period, the Awardee shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period, the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty(30)calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to execution of the Agreement by the County and commencement of the contracted services,the Awardee shall obtain all insurance required under this Section and submit same to the County for approval. All insurance shall be maintained throughout the term of the Agreement. D. Indemnification The County shall not assume any liability for the acts, omissions to act or negligence of the Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this Agreement.The Awardee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims,demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may issue thereon. The Awardee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign immunity by the County nor shall anything herein be construed as consent by the County to be sued by third parties in any matter arising out of this Agreement. The provisions of this section survive the termination or expiration of this Agreement. E. National Objective In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Benefit to Low and Moderate Income Persons or Households (LM!). (See Attachment B-2). Awardee shall execute and deliver to the County, simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant to this Agreement in the event that Awardee fails to meet the national objective. Awardee understands that the County may be liable to the United States Department of Housing and Urban Development ("HUD") for repayment of the federal funds loaned to Awardee pursuant to this Agreement in the event that HUD determines that Awardee has failed to meet the national objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee pursuant to this Agreement. 3 F. Documents and Reporting Requirements The Awardee shall submit documents to DHCD or report on relevant information to DHCD as described below or any provide any other documents in whatever form, manner, or frequency as prescribed by DHCD. These will be used for monitoring progress, performance, and compliance with this Agreement and for compliance with applicable County and Federal requirements. 1. Certificates of Insurance The original to be received by DHCD within the first month of this Agreement period, and submitted with each payment request, including any renewals, prior to payments made by the County. The effective date of the coverage must coincide with the beginning date of this agreement. a. Worker's Compensation Insurance for all employees of the Awardee 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/DHCD must be shown as an additional insured with respect to this coverage. The mailing address of the Department of Housing and Community Development, as the certificate holder, must appear on the certificate of insurance. c. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than$300,000 combined single limit per occurrence for bodily injury and property damage. d. Professional Liability Insurance in an amount not less than $250,000 with a deductible per claim not to exceed ten percent(10%)of the limit of liability. 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 DHCD, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified in Attachment A and Attachment A-1. The Awardee shall ensure that DHCD receives each report in triplicate (or as indicated) no later than April 10, July 10, October 9, and January 8, of every year this agreement is in effect. b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms and conditions of this Agreement, Miami-Dade County Resolution No. 1634-93 will apply to this Agreement. This resolution requires the selected Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women-Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law,ordinance or administrative order. The Awardee shall submit to DHCD 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: 4 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 shall 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 DHCD 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 DHCD no later than April 10,and October 9, of every year this agreement is in effect. Section IV-Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report)-The Awardee shall report to DHCD 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 DHCD no later than April 10, and October 9, of every year this agreement is in effect. 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 Agreement 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 F.4. of this Agreement. Copies of the above described Progress Report shall be received by DHCD 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 II, Paragraph F.2.a and Paragraph F.3. 5 L , 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 II, Paragraph F.2.a. above, which shall describe the progress made by the Awardee in achieving each of the National Objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, through December 31, and shall be received by DHCD no later than January 6,of every year this agreement is in effect.. 4. Environmental Review-The Awardee immediately upon locating or determining a site for each of the"Unspecified Site"activities to be carried out pursuant to this Agreement, shall submit information detailing the location of each site for which a Site Environmental Conditions Statement will be prepared. The Environmental Review is to be prepared on information contained in Attachment D, "Information for Environmental Review Form." Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the 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 DHCD an annual audit report in triplicate as required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non-compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A-133. 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 DHCD within 30 days of the execution of this Agreement. 7. Inventory Report - The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section II, Paragraph W of this Agreement. 8. Affirmative Action Plan - The Awardee shall report to DHCD information relative to the equality of employment opportunities whenever so requested by DHCD. 9. Disclosure of Related or Affiliated Parties At the time of contract execution, or at any other time at the request of the County, Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations, partnerships, or other business entities (a) which have a direct or indirect ownership interest in Awardee, (b)which have a parent or principal thereof which has a direct or indirect ownership interest in Awardee, (c) whose members appointed by Awardee, or(d)which the County deems in its sole discretion to be a Related or Affiliated Party of Awardee. The Awardee shall report this information to the County upon forming the relationship or, if already formed, shall report it immediately. Any supplemental information shall be reported quarterly in the required Progress Report. This provision shall be construed broadly to the benefit of the County. Non-compliance with these requirements will be considered a default, which may result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through DHCD for a period of three years. 10. Reporting on Financial Status, Bankruptcy, Real Property,or Personal Property Awardee shall notify the County in writing within ten (10)days of the occurrence of any of the following as to Awardee or any Related or Affiliated Parties: 6 a.Any anticipated or pending lis pendens, foreclosure action, arrearage, default, late payment regarding any property of Awardee or Related or Affiliated Parties, including properties not related to this Agreement. Awardee shall also provide the County with a copy of all court filings, notices of default, arrearage or late payment, or any other documents relevant to the disclosures required herein. b. Any legal encumbrance on the Property not permitted in writing by the County. c. Any default or arrearage on any loan, Note or other debt or obligation for which the Property is security. d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. e. Any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and conditions of this Agreement. Failure to comply with these reporting requirements shall constitute a default and shall entitle the County to seek any and all remedies available at law, equity and pursuant to this Agreement. G. Lobbying Prohibition 1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. 2. The Awardee shall disclose to DHCD 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 of a Member of Congress in connection with this federal Agreement, grant, loan, or cooperative Agreement, on a Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. H. Federal, State,and County Laws and Regulations The Awardee agrees to abide by Chapter II-A, Code of Miami-Dade County ("County Code"), as amended, applicable to non-discrimination in employment, housing and public accommodation. Rules,Regulations and Licensing Requirements 1. The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of 7 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 DHCD'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 Awardee 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 Awardee. 3. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess of$100,000, the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 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 DHCD. 5. Americans with Disabilities Act (ADA) of 1990 -The Awardee shall attest to; and submit the required Disability Non-discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications,access to facilities, renovations, and new construction. 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. Firms whose Boards of Directors are representative of the population make-up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women-owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid/proposal. 8 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 2-8.1(i) of the Miami-Dade County Code (Form A-12). Section 2-11.1(d) of Miami-Dade County Code as amended by Ordinance 00-1, also requires any county employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County from competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County and that any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at(305)579-9093. 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 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 Agreement shall be terminated on the discretion of Miami- Dade County. Further, should the Awardee be placed on the list at any time during this Agreement Miami-Dade County shall have the right to terminate this agreement 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 9 • 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 16. Collusion Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even 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 II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities;Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973,29 U.S.C.Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended,42 U.S.C. Section 3601-3631. In addition to the requirements in the Agreement,the Awardee/Department agrees to comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503,and 24 CFR Part 570, Subpart K, including the following: Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. Section 109 of the Housing and Community Development Act. Labor standards. Environmental standards. National Flood Insurance Program. Uniformed Relocation Act. Employment and contracting opportunities. Lead-based paint regulations. Eligibility of contractors or sub recipients. Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 11. National Objective 10 Awardee must achieve the following national objective; To benefit low-and moderate-income persons; 1. For activities designed to meet the national objective of benefit to low-and moderate-income persons, the Awardee shall ensure and maintain documentation, acceptable to DHCD in its sole discretion, that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to persons where no less than 51%of of those benefitted are low-and moderate-income persons. 2. 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(j). 3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c)governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d)of the HCD Act;and(c)the requirements in 570.606(d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons(families, individuals, businesses, non-profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project.The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 4. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, DHCD's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. The Awardee shall cooperate with DHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, DHCD,or the County. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with DHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers,DHCD,or the County. 7. For activities involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and/or industries, the Awardee shall submit a written notification to the Community Outreach and Real Estate Section of DHCD 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 11 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 DHCD its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 8. For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding his compliance with the national objective, and DHCD will have the right to monitor the activity. 9. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502 I• Conflicts with Applicable Laws If any provision of this Agreement conflicts with any applicable law or regulation including but not limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However,the obligations under this Agreement,as modified,shall continue and all other provisions of this Agreement shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. J. Board of Directors If the Awardee is a Community Development Corporation (CDC), DHCD shall have the option to appoint a representative to the Awardee's board of directors. This representative shall not be considered in the counting of a quorum and shall have no voting privileges. K. Construction If the Awardee engages in, procures, or makes loans for construction work,the Awardee shall: 1. Contact the DHCD representative noted in Section IV, Paragraph M of this Agreement, prior to taking any action,to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre-award requirements and procedures which, at a minimum,shall adhere to all applicable federal standards. 3. Comply with the Davis-Bacon Act; Copeland Anti-Kick Back Act; 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 DHCD for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to DHCD all construction plans and specifications and receive DHCD's approval prior to implementation. 6. Contact the DHCD representative noted in Section IV, Paragraph M, prior to scheduling a pre-construction conference. In accordance with industry standards, DHCD will hold ten percent (10%) of the total grant award as a retainer until the construction work is determined by DHCD, in its sole discretion, to be seventy-five percent (75%) completed, At the time that the construction work is determined by DHCD to be seventy-five percent complete, the retainer will be reduced to 5% until the work is completed, Completion shall occur when a Certificate of Occupancy is issued. 7. The County shall have the right to assign the Professional Services and Technical Assistance (PSTA) Unit of the Department of Housing and Community Development to assist the project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action 12 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 assistance. The Awardee shall cooperate and comply with all requests made by the PSTA. 8. Execute and record, at the County's request, any of the following documents in order to ensure the Property is used as defined and described in Attachment A of this Agreement: a. Promissory Note b. Mortgage c. Loan Agreement d. Restrictive Covenant e. Rental Regulatory Agreement f. Collateral Assignment of leases, rents and Contract Rights g. UCC-1 Rider h. Title Insurance Policy L. Audits and Records 1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall 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 Agreement have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by DHCD no later than six months following the end of the Awardee's fiscal year. 4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A- 133 do not apply the Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year or on the basis of the period during which DHCD- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve (12) months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this Agreement. A copy of the audit report in triplicate must be received by DHCD no later than six months following each audit period. 5. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 13 6. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the"Scope of Services"outlined in Attachment A in this Agreement. 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 DHCD approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this Agreement and defined by DHCD, each of the record- keeping and audit requirements detailed in this Agreement. DHCD 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 must submit the audit report to DHCD within six months after the conclusion of the audit period. 11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. The Awardee agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allow ability and allocability of costs. M. Protected Records and Documents Any person or entity that performs or assists Miami-Dade County with a function or activity involving the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act(HIPAA) of 1996 and the Miami-Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic transfer standards including but not limited to: 1. Use of information only for performing services required by the Agreement or as required by law; 2. Use of appropriate safeguards to prevent non-permitted disclosures; 3. Reporting to Miami-Dade County of any non-permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that IIHI/PHI will be held confidential; 5. Making Protected Health Information(PHI)available to the customer; 6. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; 7. Making PHI available to Miami-Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami- Dade County for compliance audits. 14 PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Contractor must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. N. Retention of Records 1. The Awardee shall retain all Contract Records for a period of at least 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 Agreement. b. For CDBG assisted public service activities, the Retention Period shall begin upon the date of U.S. HUD's acceptance of DHCD'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 Agreement 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 DHCD'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 Agreement records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all Agreement 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 Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of DHCD,fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the Agreement records during the required Retention Period. 4. The Awardee shall notify DHCD in writing, both during the pendency of this Agreement and after its expiration as part of the final closeout procedure, of the address where all Agreement records will be retained. 5. The Awardee shall obtain written approval of DHCD prior to disposing of any Agreement records within one year after expiration of the Retention Period. 0. Provision of Records and Proprietary Rights and Information 1. The Awardee shall provide to DHCD, upon request, all Agreement records. These records shall become the property of DHCD without restriction, reservation,or limitation of their use. DHCD shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this Agreement. These unlimited rights shall include the rights to royalty-fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow-up communications and reports to DHCD immediately upon such issuance unless such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 3. Proprietary Information 15 As a political subdivision of the State of Florida, Miami-Dade County is subject to the stipulations of Florida's Public Records Law. The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the County has developed at its own expense, the disclosure of which could harm the County's proprietary interest therein. During the term of the Agreement, the Awardee will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property, any computer programs, data compilations, or other software which the County has developed, has used or is using, is holding for use, or which are otherwise in the possession of the County (hereinafter "Computer Software"). All third-party license agreements must also be honored by the Awardees and their employees, except as authorized by the County and, if the Computer Software has been leased or purchased by the County, all hired party license agreements must also be honored by the Awardees' employees with the approval of the lessor or Awardees thereof.This includes mainframe, minis, telecommunications, personal computers and any and all information technology software. The Awardee will report to the County any information discovered or which is disclosed to the Awardee which may relate to the improper use, publication, disclosure or removal from the County's property of any information technology software and hardware and will take such steps as are within the Awardee's authority to prevent improper use, disclosure or removal. 3. Proprietary Rights a) The Awardee hereby acknowledges and agrees that the County retains all rights,title and interests in and to all materials, data, documentation and copies thereof furnished by the County to the Awardee hereunder or furnished by the Awardee to the County and/or created by the Awardee for delivery to the County, even if unfinished or in process, as a result of the Services the Awardee performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Awardee as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Awardee shall not, without the prior written consent of the County, use such documentation on any other project in which the Awardee or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Awardee to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works"shall become the property of the County. c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the County, except as required for the Awardee's performance hereunder. d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s)or entity(ies)to use all such Licensed Software and the associated specifications, technical data and other Documentation for the 16 operations of the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. Such license specifically includes, but is not limited to, the right of the County to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect P. Audits and Inspectors General Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Awardee or third parties.The provisions in this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami-Dade County Inspectors General Review According to Section 2-1076 of the Code of Miami-Dade County, as amended, Miami-Dade County has established the Office of the Inspector General which may,on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exception: The above application of one quarter (1/4) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b)contracts for legal services; (c)contracts for financial advisory services; (d) auditing contracts; (e)facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue-generating contracts; (I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j) professional service agreements under $1,000; (k) management agreements; (I) small purchase orders as defined in Miami-Dade County Administrative Order 3-2; (m) federal, state and local government-funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the Miami-Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (1/4) of one percent in any exempted contract at the time of award. Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County contracts, transactions,accounts, records and programs. In addition,the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained by the Inspector General, the Awardee shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Awardee's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the Agreement, including, but not limited to original estimate files, worksheets, proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal and Agreement documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. 17 Independent Private Sector Inspector General Reviews Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County has the right to retain the services of an Independent Private Sector Inspector General(hereinafter "IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services.The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Commission Auditor Access to Records Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this Agreement. Q. Prior Approval The Awardee shall obtain written approval from DHCD prior to undertaking any of the following: 1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee must submit all proposed agreement documents to DHCD at least thirty(30)days prior to the start date of the agreement. DHCD shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract)which was incurred prior to the approval by DHCD of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions for existing staff. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real,expendable personal,and nonexpendable personal property as defined in Section I1, Paragraph W.1. of this Agreement. 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 II, Paragraph K of this Agreement. 9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this Agreement. 10. In the event the Awardee wishes to substitute personnel for the key personnel identified by the Awardee's Proposal, the Awardee must notify the County in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution. R. Monitoring The Awardee shall permit DHCD and other persons duly authorized by DHCD to inspect all Agreement records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to interview any clients, employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, DHCD will deliver to the Awardee a report of its findings,and the Awardee 18 will rectify all deficiencies cited by DHCD within the specified period of time set forth in the report, or provide DHCD with a reasonable justification for not correcting the deficiencies. DHCD 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 DHCD in its report. S. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies)and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services requried under this Agreement. The Awardee further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee certifies and represents that no officer, director, employee, agent, or other consultant of the County or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible. in connection with the grant of this Agreement. The Awardee shall abide and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in connection with its Agreement obligations hereunder. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure in writing to DHCD immediately upon the Awardee's discovery of such possible conflict. DHCD will then render an opinion which shall be binding on all parties. The Awardee shall submit to DHCD, within five business days of execution this Agreement, 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 Agreement or its subsequent amendments. > Requests for budget revisions. • Requests for approval of subcontracts. Non-compliance with the above requirements will be considered a breach of Agreement,which will result in the immediate termination of the agreement,the recovery of the entire funding award,and the disqualification of funding through DHCD for a period of three years. a) Awardee certifies and represents that there are no undisclosed persons or entities interested with the Awardee in this Agreement. This Agreement is entered into by the Awardee without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the County, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid: i)is interested on behalf of or through the Awardee directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the Awardee's knowledge any subcontractor or supplier to the Awardee. b) Neither the Awardee nor any officer, director, employee, agency, parent,subsidiary, or 19 5 affiliate of the Awardee shall have an interest which is in conflict with the Awardee's faithful performance of its obligation under this Agreement; provided that the County, in its sole discretion, may consent in writing to such a relationship, provided the Awardee provides the County with a written notice, in advance,which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. c) The provisions of this Article are supplemental to, not in lieu of,all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. Intentionally Left Blank 20 U. Publicity,Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development(US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones,dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible.The Awardee shall ensure that all media representatives,when inquiring about the activities funded by this Agreement, are informed that the County and US HUD are the funding sources. The Awardee shall notify the County of all events and activities involving the Project ten(10)days prior to the activity or event. When the Awardee obtain(s)the building permit(s),the CEDD Project Manager at the Department, must be notified in order to request the project sign from Miami-Dade County General Services Administration (GSA). Within thirty (30) days of the erection of the sign, the CEDD Project Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the premises at least ninety (90) days after the issuance of the Certificate of Occupancy(CO)or Certificate of Completion(CC). NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. V. Procurement The Awardee must take affirmative steps to procure supplies, equipment,construction,or services to fulfill this Agreement from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this Agreement. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by DHCD in the CDBG application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low-income residents from Community Development Target and Service Areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low-income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: 1. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and 21 location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. 4. The Awardee agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the Agreement is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450e)also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). 8. Fair Subcontracting Policies(Ordinance 97-35) All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids/proposals in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid/proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements;and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures(see Attachment G).The County will not execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W. Property 1. Definitions a. Property.As defined on page 2 herein. b. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto,excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 22 1) Tangible: All personal property having physical existence. 2) Intangible: AD 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 by Awardee or DHCD in whole or in part with CDBG funds received from DHCD in excess of$25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives until five (5) years after the expiration or termination of this Agreement, or for such longer period of time as determined by DHCD in its sole and absolute discretion;or 2) Not used to meet one of the three(3)CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Agreement or such longer period as determined by DHCD, the Awardee shall, in the sole discretion of DHCD, either pay to DHCD an amount equal to the market value of the property as may be determined by DHCD in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property or transfer the property to DHCD at no cost to DHCD. Reimbursement is not required after the period of time specified in Paragraph W.2.a.1., above. b. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from DHCD for $25,000 or less shall be disposed of, at the expiration or termination of this Agreement, in accordance with instructions from DHCD. c. All real property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD, or transferred to the Awardee after being purchased in whole or in part with funds from DHCD, 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 DHCD 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 DHCD. This report shall include the elements listed in Paragraph W.2.c.,above. 23 Nothing in this section shall be construed to limit the County's right to collect from Awardee the entire amount of CDBG funds awarded pursuant to this Agreement in the event Awardee fails to meet a national objective. 3. Inventory-Capital Equipment and Real Property All capital items acquired for the project by the Awardee with funds allocated in this Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to the County. A capital item shall be defined as an item that: (1)has a service life in excess of one year; (2)is either complete within itself or is a major component of another item of property; (3)by definition cannot be described either as supplies or materials; (4)will not be consumed or lose its identity; and (5)has a unit cost of $500 or more. Awardee shall notify the County immediately upon acquiring any capital items with funds allocated in this Agreement The County shall allow the Awardee to retain possession of capital equipment after expiration of this Agreement as long as the Awardee continues to provide the service described in the Scope of Services (Attachment A). If the Awardee disbands, becomes defunct or in any way ceases to exist or if the Awardee ceases to provide the service described in the Scope of Services or another service of value, Awardee shall notify the County immediately and provide instructions describing how the County may take possession of the capital equipment. Awardee shall deliver to the County all documents of title or ownership and shall transfer or assign such ownership rights to the County. Foreclosure of the County mortgage or enforcement of other documents shall not be required in order for the County to claim and take possession of capital equipment. 4. The Awardee shall comply with the nonexpendable personal property requirements as stated below: a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be inventoried annually by the Awardee and an inventory report shall be submitted to DHCD. The inventory report shall include the elements listed in Paragraph W.3.a., above. c. Title (ownership)to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this Agreement shall vest in the County and DHCD. 5. The Awardee shall obtain prior written approval from DHCD for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all such property in accordance with instructions from DHCD.Those instructions may require the return of all such property to DHCD. X. 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 Agreement and applicable federal regulations or rules, or any County rules or ordinance. 24 a. The Awardee shall comply with the Program Income provisions in DHCD's Contract Compliance Manual. If any Program Income provisions of the Contract Compliance Manual conflict with any Program Income provisions of this Agreement,the provisions of this Agreement shall rule. b. The Awardee shall report to DHCD all cumulative Program Income generated from activities financed in whole or in part by funds from this Agreement, for as long as it receives and/or has control over Program Income generated from this and any previous Agreements with DHCD. 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 II, Paragraph F.2.a. 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. c. If the Awardee requests to use Program Income, the Awardee shall provide to DHCD a written explanation of the activities to be assisted with Program Income and shall obtain DHCD's written approval prior to implementing those activities. All provisions of this Agreement shall apply to any activity performed using Program Income. d. Subject to the limitations set forth in this Agreement, the Awardee may use Program Income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et.seq. e. Program Income from a revolving loan activity must be used only for the same revolving loan activity. f. 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. g. All Program Income from nonrevolving loan activities shall be substantially disbursed to carry out other DHCD approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. h. Any proceeds from the sale of property as detailed in Section II, Paragraph W.4.,above, shall be considered Program Income. 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 Agreement or at the end of any program year, the Awardee shall transfer to the County any Program Income funds on hand, and any Program Income accounts receivable to any CDBG funded activities. DHCD 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. DHCD, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of Program Income generated by the Awardee, and such action shall not require an amendment to this Agreement. Y. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of DHCD's Contract Compliance Manual. Z. Subcontracts and Assignments 1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without 25 the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https://www.epls.gov/ Awardee shall provide to DHCD a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami-Dade County's debarred Contractor's List; Awardee shall, at a minimum, check at http://www.miamidade.gov/sba/reports-debarment.asp to determine if a person or entity is on Miami-Dade County's debarred contractor's list. Awardee shall provide DHCD with a printout copy of the site page that indicates the name and the date it was checked. b. Comply with all CDBG requirements, as applicable, as well as the regulations specified in DHCD's Contract Compliance Manual. c. Identify the full,correct, and legal name of the party. d. Describe the activities to be performed. e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or DHCD 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 DHCD, set forth in this Agreement. DHCD shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above,and; Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board of Directors and a copy of which submitted to DHCD. 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 DHCD 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 DHCD, 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. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Awardee and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. 2. The Awardee shall incorporate in all consultant subcontracts this additional provision: 26 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 DHCD written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined by DHCD as described in this Agreement. DHCD's approval shall be obtained prior to the release of any funds to the subcontractor. 5. The Awardee shall receive written approval from DHCD prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. 6. Approval by DHCD of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by DHCD in excess of the total dollar amount agreed upon in this Agreement. 7. If the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to DHCD(Attachment H). 8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list(Attachment H)without prior written approval from DHCD. 9. The Awardee shall not hire any of the Awardee's staff members or employees as subcontractors. AA. Additional Funding The Awardee shall notify DHCD of any additional funding received for any activity described in this Agreement.Such notification shall be in writing and received by DHCD within thirty(30)days of the Awardee's notification by the funding source. BB. Method of Payment The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to DHCD adequate proof, as determined by DHCD 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 DHCD 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 DHCD. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this Agreement as it may be revised with the prior written approval by DHCD. 2. Requests for payment (reimbursement) shall be assembled by calendar month and submitted to DHCD no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to DHCD, along with all original invoices, copies of front and back of cancelled checkspaid to all subcontractorsand suppliers, all release of liens from alll subcontractorsand suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices. 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. 27 4. Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by DHCD of all reports and documents which the Awardee is required to submit to DHCD pursuant to the terms of this Agreement or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services. Payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement — Attachment A, which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met.This shall also apply to soft costs associated with project delivery. 6. No payment(s) will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on file with DHCD and the County's Risk Management Division. DHCD must receive the final request for payment from the Awardee no more than thirty(30) calendar days after the expiration or termination of this Agreement. If the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payment(s)if DHCD, in its sole discretion, so chooses. 7. All monies paid to the Awardee which have not been used to retire outstanding obligations of this Agreement must be refunded to DHCD in accordance with DHCD's Contract Compliance Manual. 8. Any unexpended funds remaining after the completion of the services under this Agreement, or after termination of this Agreement, shall be recaptured in full by the County. 9. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this Agreement, Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest"shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. CC. Reversion of Assets The Awardee shall return to DHCD, upon the expiration or termination of this Agreement,all assets owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to DHCD of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, including but not limited to, mortgages securing the property, UCC financing statements, and restrictive covenants,as required by the County to effectuate the reversion of assets. DD. Restriction on the Use of Funds The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be used for: 1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Awardee shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities,employees or officials. 2. Religious Purposes. County funds shall not be used for religious purposes. 3. Commingling Funds. The Awardee shall not commingle funds provided under this Agreement with funds received from any other funding sources, but may be included in a 28 Development Bank Account permitted by the first mortgage lender at the discretion of the County. 111. THE COUNTY AGREES: Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions contained within this Agreement in an amount not to exceed$650,000.00. IV. THE AWARDEE AND DHCD AGREE: A. Effective Date 1. This Agreement shall begin on March 1, 2011. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This Agreement shall expire on February 28, 2013. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee.Such notice shall automatically become a part of this Agreement. 3. This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However,the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph Y, or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. 4. Management Evaluation and Performance Review The Department may conduct a formal management evaluation and performance review of the Awardee, if in the Department's sole discretion it is deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices. The performance review should reflect the quality of service provided and the value received using monitoring data, such as progress reports, site visits, and client surveys. B. Default or Breach 1. The Awardee shall be in default or breach of this Agreement if any of the following acts,omissions or conditions occur: a. The Awardee fails to fulfill each and every provision of this Agreement and the Attachments and fails to provide the services outlined in the Scope of Services (Attachment A)within the effective term of this Agreement. b. Awardee fails to disclose all Related or Affiliated Parties and all matters required to be disclosed as to Related or Affiliated Parties to the County as requried herein. c. Filing of a lis pendens, foreclosure action, or other legal action against the Property, any property of Awardee or Related or Affiliated Party, or against Awardee or Related or Affiliated Party which the County determines, in its sole discretion,threatens the Property or the ability of Awardee to fulfill the provisions of this Agreement and the services outlined in the Scope of Services. d. Any arrearage, default, or late payment on any loan, Note or other debt or obligation for which the Property is security or regarding any property of Awardee or Related or Affiliated Party, including properties not related to this Agreement. e. Any legal encumbrance on the Property not permitted in writing by the County. 29 f. Any anticipated or pending bankruptcy,restructuring,dissolution, reorganization, appointment of a trustee or receiver. 9. Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h. Awardee fails to report to the County within ten (10) days any bankruptcy, reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis pendens, foreclosure action or legal encumberance related to the Awardee, Related or Affiliated Party or the Property, or any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement. i. Failure to comply strictly with Section W(2)(a)(1)-(2)of this Agreement. C. Suspension 1. The County may suspend payment in whole or in part under this Contract by providing written notice to the Awardee of such suspension and specifying the effective date thereof, at least ten (10) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Awardee as conditions precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees. Reasonable cause shall be determined by DHCD, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or improper use of these Agreement funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to materially comply with any term or provision of this Agreement; c. Failure by the Awardee to submit any documents required by this Agreement;or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, DHCD may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this Agreement. 3. DHCD will notify the Awardee of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s)for such action, the conditions of the action, and the necessary corrective action(s). D. Termination 1. Termination at Will This Agreement, in whole or in part, may be terminated by DHCD upon no less than ten (10) working days notice when DHCD determines that it would be in the best interest of DHCD and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the event of termination, the County may: (a)request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Awardee with County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Awardee under this Agreement; and/or (c) terminate or cancel any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees. 2. Termination for Convenience 30 DHCD may terminate this Agreement, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. DHCD, at its sole discretion, reserves the right to terminate this Agreement without cause upon thirty(30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional costs under this Agreement. 3. Termination Because of Lack of Funds In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this Agreement become unavailable, DHCD may terminate this Agreement upon no less than twenty-four(24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. DHCD shall be the final authority to determine whether or not funds are available. DHCD may at its discretion terminate, renegotiate and/or adjust the Agreement award whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Awardee through Board of County Commissioners' action, the Awardee may, at its discretion, request in writing from the Director of DHCD a release from its contractual obligations to the County. The Director of DHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Default or Breach DHCD may terminate this Agreement upon no less than twenty-four (24) hours written notification to the Awardee for breach or default. 6. Termination for Failure to Make Sufficient Progress. DHCD may terminate this Agreement, in whole or in part, when DHCD determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering ultimate Agreement performance, or is not materially complying with any term or provision of this Agreement, DHCD may treat such failure to comply as a repudiation of this Agreement; 7. Termination for Bankruptcy The County reserves the right to terminate this Agreement, if, during the term of any Agreement the Awardee has with the County,the Awardee becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Awardee under federal bankruptcy law or any state insolvency law. 8. General to Termination and Breach Unless the Awardee's breach is waived by the County in writing, the County may, by written notice to the Awardee, terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested,or in person with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions herein do not limit the County's right to legal or equitable remedies. The County may resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. 31 In the event the County shall terminate this Agreement for default or breach, the County or its designated representatives, may immediately take possession of all applicable equipment,materials, products, documentation, reports and data. 9. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami-Dade County, Section 2-8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall have its Agreement with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other Agreements 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 or material misstatement may be disbarred from County contracting for up to five(5)years. E. Other Remedies In addition to other provisions set forth herein, in the event of default by the Awardee, the County shall have the right to exercise any and all of the following remedies: 1. Awardee shall be liable for all damages, including but not limited to: a. lost revenues; b. the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for reprocurement of Services, including procurement and administrative costs;and c. such other direct damages. 2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's performance of this Agreement or any breach or default, notwithstanding the expiration or termination of this Agreement. 3. Seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. The Awardee shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees. 4. Debar the Awardee from future County contracting. 5. Any other remedy available at law or equity. Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement, and the County may withhold any payments to the Awardee until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Awardee shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. Payment Settlement. If termination occurs for reasons other than breach or default,Awardee shall be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination. DHCD shall be the sole judge of"reasonable, allowable costs." All compensation pursuant to this Article is subject to an audit. F. Renegotiation, Modification and Right to Waive 32 • 1. Modifications of provisions of this Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this Agreement if DHCD determines, in its sole and absolute discretion, that federal, state, and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. DHCD shall be the final authority in determining whether or not funds for this Agreement are available due to federal, state and/or County revisions of any applicable laws or regulations,or increases in budget allocations. 2. The County shall have the right to exercise an option to extend this Agreement for up to one year beyond the current Agreement period and will notify the Awardee(s)in writing of the extension. This Agreement 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 Department of Housing and Community Development. 3. DHCD may, for good and sufficient cause, as determined by DHCD in its sole and absolute discretion, waive provisions in this Agreement 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 Agreement. 4. DHCD's failure to exercise any of its rights under this Agreement, or DHCD'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 DHCD in the exercise of any right shall operate as a waiver. G. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with DHCD's Contract Compliance Manual.These revisions shall not require a Agreement amendment unless the amount of this Agreement is changed or unless otherwise required by DHCD. All budget revisions shall require the written approval of DHCD. DHCD 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 DHCD no later than 5 working days of the action; written notification will constitute a Agreement amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, DHCD will revise the budget at its discretion. DHCD in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are classified as noted in the Scope of Services shall not require a Agreement amendment. H. Compliance This Agreement may,at the sole and absolute discretion of the County and DHCD,remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However,the County shall have no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. The Awardee agrees to comply with all applicable State and County laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. 33 This contract may be executed in counterpart copies, and these counterparts shall together constitute an original of this Agreement. Disputes In the event an unresolved dispute exists between the Awardee and DHCD, DHCD shall refer the questions, including the views of all interested parties and the recommendation of DHCD, 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 DHCD and the Awardee, or in the event additional time is necessary, DHCD 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. J. Headings The section and paragraph headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. K. Minority Participation In order to gain greater Black business participation, the Awardee may submit its Agreements to the County Manager for bidding and award in accordance with County policies and procedures. L. Proceedings This Agreement shall be construed in accordance with the laws of the State of Florida and any proceedings arising between the parties, in any manner pertaining or relating to this Agreement, shall,to the extent permitted by law, be held in Miami-Dade County, Florida. M. Notice and Contact All notices between the Parties shall be in writing and sent by registered or certified mail and addressed as follows: TO AWARDEE: Mr.Clarance Patterson, City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, Fl 33054 Attn: Mr. Clarence Patterson COPY TO: Attn: 34 TO COUNTY: Miami-Dade County 111 N.W. 1st Street Miami, Florida 33128 Attn: County Manager COPY TO: Department of Housing and Community Development 701 NW 15t Court, 14th Floor Miami, FL 33136 Attn: Rowena Crawford,Assistant Director COPY TO: Department of Housing and Community Development 701 NW 1st Court, 14th Floor Miami, FL 33136 Attn: Jesus Hernandez, DHCD Project Manager COPY TO: Assistant County Attorney County Attorney's Office 111 N.W. 1st Street, Suite 2810 Miami, Florida 33128 Attn: Brenda Kuhns Neuman,Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this Agreement. In the event that any of the information required by the provisions of this Article is changed by either of the Parties after the execution of this Agreement, the affected Party shall give notice in writing within five (5) days to the other Party of the amended pertinent information, which shall be attached and incorporated into this Agreement. N. Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties 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 Agreement, including any rights,title or interest therein, or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. P. Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. Q. Survival 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 35 agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. R. Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no affiliation between the contracting parties. It is expressly understood and intended that the Awardee is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the County. The Awardee is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Awardee's sole direction, supervision and control. The Awardee shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees, servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise, Agreement or representation other than specifically provided for in this Agreement. S. Conflict This Agreement 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 B-2 —CDBG Program Requirements; Attachment C - Progress Report and Set-Up Forms; Attachment D - Information for Environmental Review; Attachment E — Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage; Attachement G — Fair Subcontracting Policies; Attachement H — Subcontractor/Supplier Listing) contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. In the event that a conflict arises between any prior funding documents and/or agreements governing this development, the terms, provisions and definitions included in this Agreement shall prevail. In the event that the Subsidy Layering Review (SLR) determines the project's true gap financing needs to be less than the maximum award allocated by the Board of County Commissioners, the SLR amount shall prevail. Any Awardee granted additional funding for a Project, shall be bound by the terms and conditions of the subsequent funding award. T. Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein,the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. U. Survival The parties acknowledge that any of the obligations in this Agreement, including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. V. Corporate Governance 36 A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes, particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by reference as if fully set forth herein in connection with its Agreement obligations hereunder. A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly Sections 607.0830 through 607.0833, as amended,which is incorporated herein by reference as if fully set forth herein in connection with its contractual obligations hereunder. 37 IN WITNESS THEREOF,the parties hereto have caused this Thirty-Eight (38)page contract to be executed by their undersigned officials as duly authorized,this day of 2011. AWARDEE: MIAMI-DADE COUNTY The City of Opa-Locka BY: BY: NAME: Mr. Clarance Patterson NAME: Carlos Alvarez TITLE: Mayor TITLE: City Manager DATE: BY: ATTEST NAME BY: TITLE: TITLE: Clerk, Board of County Commissioners DATE Witnesses: BY: (Signature) Type or Print Name BY: (Signature) Type or Print Name Federal ID Number: 59-60000394 Resolution#: Awardee's Fiscal Year Ending Date September 30 CORPORATE SEAL: AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 38 m il.,,,,,,,,`,...,.-: ,,,,,,,i. LL O N �. W 0 d ....'',-:: , ti .w g z- .,,,,,,,:,',,..,,',:',-,' zo zn ib O� E � w N Q F <0 ?i } c=J 6>U m 1 a y _+ on O O Z t. lil oS ,.r w 'tw-w»3 ' b,u'' t * ``�e '`trt-M .a-. '' '..k " a m' m �.u3s 'a+ �. �' e-+�r -ya, - t av - ?t LLO c7 e�j �D ," %�'�' sA. 'v �£» C r' +l �� Y' s-,r+r v "s,y -` o S 5 i. t -€� .? -, ,a " �.. a 3 aft .. 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V" ; < `-I L ■- a 0 'S c V 7 CO .� m L k �+ O } C ` G) m C i CTS � � -J of 3 � d E 1 t F" O O '''.1} r 14AM COUNTY ATTACHMENT B-1 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION 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 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 Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigates and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall furnish to Miami-Dade County, do Office of Community and Economic Development, 701 NW 1S` Court, 14th Floor, Miami, FL 33136, Certificate (s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000 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 $500,000 combined single limit per occurrence for bodily injury and property damage. D. Completed Valued Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Miami-Dade and the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an amount not less than$250,000 with the deductible per claim, if any, not to exceed 10%of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick,New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or