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HomeMy Public PortalAbout11-8265 Rehabilitation of Lift Station 8 Sponsored by: City Manager Resolution No. 11-8265 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)AWARD,IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FOR THE REHABILITATION OF LIFT STATION 8 PROJECT FOR THE CONTRACT PERIOD OF JANUARY 1, 2011 THROUGH DECEMBER 31, 2012, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE REMAINING COSTS TO BE PAID BY THE CITY, PAYABLE FROM ACCOUNT NO. 35-535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EF'F'ECTIVE DATE. WHEREAS, per Resolution No. 10-8170 the City Manager was authorized to submit an application for the CDBG grant; and WHEREAS,the Miami-Dade County Board of County Commissioners approved the award recommendation for Lift Station 8 Rehabilitation project on March 1,2011 per Resolution#R-179- 11; and WHEREAS,the CDBG grant is a partial funding,with the remaining project cost for Pump Station 8 to be paid by the City, payable from Account No. 35-535630; and WHEREAS,The City Commission of the City of Opa-locka desires that the City Manager accept and execute the necessary agreement for the CDBG award. 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. Resolution No. 11-8265 Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to accept the Miami-Dade County Department of Housing and Community Development Block Grant (CDBG) award, in the amount of One Hundred Thousand Dollars ($100,000.00)for the rehabilitation of Lift Station 8 project for the contract period beginning January 1, 2011 through December 31, 2012,in a form acceptable to the City Attorney, with the remaining cost to be paid by the City, payable from Account No. 35-535630. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of July, 2011. (,,ej_eLif MY TAYLOR MAYOR Attest to: Deborah S. Irb City Clerk Approved as to form and legal sufficiency: 0 � ► _ Josep- Ge11:1 Cit A orney , Moved by: VICE MAYOR JOHSON , Seconded by: COMMISSIONER TYD Sr Commission Vote: 3-0 Commissioner Holmes: NOT PRESENT Commissioner Miller: NOT PRESENT Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES Qp OCk4 01 11 Ofk. 7'�i ORHORnt f9 Memorandum TO: Mayor Myra L. Taylor V' Vice-Mayor Dorothy Johnson Commissioner Timothy Ho.- s Commissioner Rose T 7 Commissioner Ga . tee FROM: Bryan K. Fm ° 'Mana er nie,Inters _ g DATE: July 13,2011 RE: Authorizatio o ; cept a HCD-CDBG grant award for Lift Station 8 Request: A RESOLUTIO► ITE°CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHO' ,�� , FIE CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY HOUSIN AND COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AWARD, IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FOR THE REHABILITATION OF LIFT STATION 8 PROJECT FOR THE CONTRACT PERIOD OF JANUARY 1, 2011 TO DECEMBER 31, 2012, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. Description: An application was submitted to Miami Dade County Housing and Community Development requesting $100,000.00 in gap funding for Lift Station#8 Rehabilitation Project. The Miami Dade County Board of County Commissioners approved the award recommendation on March 1, 2011 through Resolution#R-179-11. Financial Impact: The project was budgeted in The CDBG grant is a partial funding for the project. The remaining project cost will have to be covered by the City—Account# 35-535630. Implementation Time Line: Immediately. Legislative History: Resolution No. 10-8170 authorizing the City Manager to submit the application. 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 executing the contract,the city can begin the construction phase. Analysis: The Lift Station 8 Rehabilitation Project will facilitate the compliance with the Miami Dade County wastewater regulations. Attachment(s): Copies of the Miami Dade County Contract and Resolutions. END OF MEMORANDUM Housing and Community Development 'OT 1st Court.14th Floor MI AM I•DAD Miami, Florida 33'36 COUNTY T 786-469-2130 F 786-469-22.36 miamidade.gov w April 7. 2011 Mr. Clarence Patterson City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka. FL 33054-3521 Activity Title: Lift Station 8 Rehabilitation Project Category: Public Facilities/Capital Improvements Source: CDBG Approved Amount: $100,000 Re: FY 2011 Award Letter Dear Mr. Patterson: On March 3, 2011, the Board of County Commissioners (BCC) approved the FY 2011 Action Plan funding allocations for the FY 2011 Community Development Block Grant (CDBG), the HOME Investment Partnerships (HOME), the Emergency Shelter Grant (ESG), and the State Housing Initiative Partnerships (SHIP) Programs. This action by the BCC was the culmination of the FY 2011 Consolidated Request for Applications (RFA) process, which began on November 8, 2010, and was coordinated by the Department of Housing and Community Development(DHCD). Please be advised that the United States Congress has not acted on the FY 2011 budget Congress may reduce CDBG funding intended for the above referenced federal programs, which may impact your FY 2011 allocation. Additionally, while the BCC approved the Action Plan on March 3, 2011, DHCD cannot allocate any funds until the Action Plan is approved by the United States Department of Housing and Urban Development(U.S. HUD). in an effort to initiate the contract preparation and execution process, please fill out and return the following documents(see enclosed samples) by Tuesday, April 18, 2011. • Detailed and summary budgets as per format provided; • Scope of services as per format provided; • Environmental Review (ER) form with attachments. In addition, funded agencies are required to attend our Contract Development Technical Assistance workshop as follows: • Tuesday, April 19, 2011 from 1:00 p.m. to 5:00 p.m. at the Stephen P. Clark Center, 111 NW 1st Street, 18th Floor, Miami, Florida 33128 Mr Clarence Patterson City Manager City of Opa-locka April 7; 2011 Page 2 The purpose of the workshop is to provide technical assistance to agencies regarding the contract development process. The workshop will focus on the federal requirements, the execution of the required documents, and the preparation of scopes of services and budgets. Your participation will ensure not only the expeditious development of your contract(s), but also the implementation and the completion of your activities within the required time frames. Please contact Cordella Ingram, Project Manager Supervisor, at (786) 469-2165, if you have any questions. Sincerely, Rowena Crawford Assistant Director RC:ci:ed Enclosures c: Clarence Brown, Director, Community and Economic Development Division, DHCD Colleen Brown, Manager, Project Management, DHCD Rickert Glasgow, Manager, Community Planning and Outreach Division, DHCD Cordella Ingram, Supervisor, Project Management, DHCD OFFICIAL FILE COI CLERK OF THE BOARD OF COUNTY COMMISSIONERS MIAM MIAMI DADE COUNTY, FLORIDA Memorandum ou Date: March 1, 2011 To: Honorable Chairman Joe A. Martinez Agenda Item No. 5(B) and Members, Board .f County Commissioners Resolution Number: R-179-11 From: George M. Burgess V��C County Manager Subject: FY 2008-2012 Consolidated Plan a FY 2011 Action Plan Funding Recommendations RECOMMENDATION It is recommended that the Board of County Commissioners (BCC) approve the FY 2011 Action Plan and the FY 2011 funding recommendations, as identified in Exhibit 1, for the Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Shelter Grant (ESG), and State Housing Initiatives Partnership (SHIP) grants, which includes the requested amount and the funding recommendations for each entity. It is also recommended that the BCC authorize the County Mayor or Mayor's designee to submit the FY 2011 Action Plan to the United States Department of Housing and Urban Development(US HUD)by March 31,2011; and to execute all contracts, agreements, and amendments necessary to implement the FY 2011 Action Plan,with an effective date of January 1, 2011 for CDBG, HOME, ESG and SHIP activities. The FY 2011 Action Plan does not include Documentary Stamp Surtax(Surtax)funding. SCOPE Exhibit 1 includes the proposed funding recommendations under the FY 2011 Action Plan and the Commission District location which the recommended agencies propose to serve. PURPOSE OF THE CONSOLIDATED PLANNING PROCESS Miami-Dade County is required to submit a Consolidated Plan to US HUD in accordance with the Consolidated Submissions for Community Planning and Development programs (24 CFR Parts 91.1 through 91.600). The Department of Housing and Community Development(DHCD), which is Miami-Dade County's lead agency for the coordination of the Consolidated Plan, adheres to the rule requiring a single consolidated submission for the planning and application aspects of the federal CDBG, HOME, and ESG programs. An annual Action Plan has to be created for each of the five calendar years included in the 2008-12 Consolidated Plan. The Action Plan document describes federal and other non-federal resources available to fund priority activities that demonstrate the capacity to achieve the.US HUD National Objective. US HUD uses National Objective to assess whether a funded activity has achieved the purpose for which the funding was provided. Additionally, the Action Plan lists the activities to be undertaken, the National Objective, the geographic distribution of activities, homeless and special needs activities, and other actions taken to address the goals and objectives of the Consolidated Plan. In addition,the Action Plan is updated on an ongoing basis as funds are reprogrammed throughout the program year. CHALLENGES OF THE 2011 ACTION PLAN The changing environment for CDBG entitlement communities demands a more rigorous examination of our approach to funding those agencies that perform services in our communities. Clearly, performance, both timely and within regulations, must be the benchmark since this has a direct impact on Miami-Dade County's ability to meet its US HUD mandated expenditure ratio requirement and the National Objective. One of the primary challenges faced by Miami-Dade County in past years has been the need to comply with US HUD's CDBG expenditure ratio. Under the provisions of CDBG regulation 24 CFR 570.902, a timeliness test is conducted annually, 60 days prior to the end of the program year. A grantee is considered timely if the balance in the line of credit does not exceed 1.5 times the annual grant. On Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 2 October 29, 2010, the line of credit balance for Miami-Dade County had a ratio of 1.45. US HUD's measurement date for the expenditure ratio of Miami-Dade County is November 2nd of each year. Under this Action Plan, strong consideration was given to funding agencies at a level that would allow them to meet performance objectives and expend funds in a timely manner. Staff continues to strongly encourage agencies to seek supplemental funding to leverage the grant award received through the County's CDBG, HOME, ESG, and SHIP request for application(RFA)process. Another challenge faced by Miami-Dade County is the ability to appropriately document that the National Objective has been met as required by US HUD. To improve the oversight and administration of the CDBG program,staff has implemented the following steps: • Revised the progress report checklist to better capture data required by US HUD and enhanced the monitoring tools and review process; • Provide a higher level of technical assistance to agencies regarding the proper documentation needed to demonstrate achievement of the national objectives and performance goals; • Suspend payments to agencies that do not comply with reporting requirements or are non- performers; • Provide ongoing training to DHCD staff on US HUD rules and regulations, data collection, reporting and monitoring practices;and • Ensures that only eligible activities are considered for funding and that the receiving agencies have the capacity to meet the national objectives and performance goals. FY 2011 CONSOLIDATED PLANNING PROCESS POLICIES On November 4, 2010, the BCC approved the FY 2011 Consolidated Planning Process Policies, through Resolution R-1083-10. The intent of the new policies is to streamline the FY 2011 Consolidated RFA process and ensure that the County enters into viable, results oriented contracts. The policies are also intended to encourage increased investment in the County's Neighborhood Revitalization Strategy Areas (NRSAs), increased involvement of the NRSA Community Advisory Committees (CACs) in the RFA review and approval processes, and to facilitate adherence to the CDBG 1.5 expenditure ratio. The FY 2011 Action Plan was developed with extensive consultation and participation from the CACs, community residents, and both the public and private sectors. This plan reflects the input gathered from neighborhood meetings, community-based organizations (CBOs), community development corporations (CDCs), municipalities,and County departments. The key policy changes approved through the FY 2011 Policy Paper include: 1) Eliminating the $100,000 to the CACs and allocating $3.472 million(20 percent)of the CDBG funds for projects in the NRSAs 2) Allocating$1.736 million(10 percent)of CDBG funds for the Economic Development category 3) Allocating $1.736 million (10 percent) of CDBG funds for Public Facilities/Capital Improvements category • FY 2011 FUNDING SOURCES Consistent with the past several years, the FY 2011 Action Plan process continues to include the federally funded CDBG, HOME and ESG programs. By including all these funding sources in one document, DHCD adhered to a "true" consolidated RFA process for all of the related programs. Close coordination of these programs and resources continues to be essential to prevent duplication of funding or funding in excess of the needs of an activity. The following table summarizes the various funding sources: Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 3 Table 1: FY 2011 Funding Sources Community Development Block Grant(CDBG) 17,360,000 Home Investment Partnerships(HOME) 6.679,000 Emergency Shelter Grant(ESG) 750,000 State Housing Initiatives Partnership(SHIP) 500,000 Total All Sources $25,289,000 CITIZEN PARTICIPATION REQUIREMENTS US HUD regulations require the County to hold a minimum of two public hearings at different stages of the Planning Process. The first public hearing requires input from citizens on housing and community development needs. On September 15,2010, the first required public hearing was held before the Housing and Community Development (HCD) Committee of the BCC to obtain public input on the FY 2011 Consolidated Planning Policies that formed the basis for the FY 2011 Action Plan recommendations. The second public hearing, which is intended to obtain public comments on the FY 2011 Action Plan funding recommendations, is scheduled for the date when the proposed 2011 Action Plan is considered by the full Board. US HUD requires that the FY 2011 Action Plan be made available for public comments for a period of 30 days prior to the final adoption of the funding recommendations by the BCC. On January 30, 2011, the County issued a public notice informing the public of the availability of the FY 2011 Action Plan funding recommendations at specifically designated locations. In addition to the requests for participation through the above stated publications,from March 2010 through September 2010, DHCD, in coordination with staff from the Community Action Agency (CAA), held more than 40 community public meetings to monitor the performance of ongoing activities and identify priorities in commission districts, NRSAs, and eligible block groups. Attachment A to this document identifies the meeting dates and locations. REQUESTS FOR APPLICATIONS AND EVALUATIONS Once the BCC approved the FY 2011 Consolidated Planning Policies, applications for funding were solicited through the consolidated RFA process. Funding requests totaled $21,027,479, including $9,130,504 for CDBG; $10,076,975 for HOME which included $1,478,000 for homeless housing and $8,598,975 for other housing activities; $750,000 for ESG; and $1,070,000 for SHIP. Funding available for award through the RFA process totaled $12,205,100,comprising$6,944,000 in CDBG funds, $4,011,100 in HOME,$750,000 in ESG and$500,000 in SHIP. The FY 2011 RFA was made available on November 8, 2010 and applications were due by December 10, 2010. The public was advised of the application process through a notice in The Miami Herald and posting of the notice via the County website. In addition, notification was mailed directly to all currently funded agencies. During the month-long RFA application process, DHCD, in conjunction with the Miami-Dade Homeless Trust(HT), convened three technical assistance workshops on November 29, December 1, and December 3, 2010. Staff provided technical assistance to every agency that requested assistance throughout the application period. Attachment B is a timeline for the FY 2011 Action Plan. FY 2011 EVALUATION COMMITTEE In accordance with the FY 2011 Consolidated Planning Process Policies, DHCD established four RFA Evaluation Committees that were responsible for reviewing,evaluating, and scoring each application under four distinct categories: Housing, Economic Development, Homeless, and Public Facilities and Capital Improvements. This year's evaluation process involved representatives from each of the eight NRSAs, as well as staff from DHCD and other County departments. This is the first Action Plan Evaluation that has Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 4 directly engaged NRSA representatives to evaluate and score proposals. Final scores and ranking of the applications were based on the following criteria: • Organizational and Financial Capacity—Fiscally sound agencies and organizations that have the skills and experience needed to carry out the proposed activity. • Priority Need — Activities that meet a high priority need as identified by residents in the County's Consolidated Plan. • Geographic Location—Priority is given to activities located in NRSAs and eligible block groups. • Track Record—Organizations whose past performance reflects successful and timely completion of an activity and the accomplishment of a national objective for the activity undertaken were highly favored. • Leveraging—Activities with demonstrated funding commitments from non-County sources, such as private bank financing, foundation and corporate grants, State funding, and equity from the syndication of tax credits. Additionally, for the housing activities, priority was given to projects that are ready to begin construction. New construction projects for homeownership were not recommended for funding unless they represented activities being undertaken by not-for-profit Community Housing Development Organizations (CHDOs)that have already received prior funding under the HOME CHDO program. COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM The FY 2011 CDBG allocation is approximately $17.360 million, which includes an entitlement grant of $17.060 million and $300,000 in program income. The following table reflects the recommendation of CDBG funding for Administration, Economic Development, Historic Preservation, Housing, Public Facility/Capital Improvements, and Public Service: Table 2: CDBG Recommended Activities Administration 3,472,000 Economic Development 2,861,000 Historic Preservation 125,000 Housing 1,125,000 Public Facilities/Capital Improvements 7,173,000 Public Services 2,604,000 TOTAL 17,360,000 As explained further in this memorandum, of the $17.360 million, a total of$3.477 million, or 20 percent, of the recommendations in the above categories are for activities in NRSAs. Additionally all public service activities are undertaken by County departments. Commission Allocations are also distributed appropriately among the categories above. Additionally, funding is being recommended at the same level as was recommended in 2010 for most agencies. Administration The proposed allocation of $3.472 million for Administration represents 20 percent of the total CDBG entitlement,which is consistent with US HUD's regulation establishing the 20 percent cap on administrative expenditures. A total of $3.096 million will be allocated to DHCD to cover the costs of program administration; $179,000 to the Department of Planning and Zoning for administration of Historical Preservation; and $97,000 to the Human Rights and Fair Employment Practices for fair housing support. Administration funding in the amount of $100,000 is also being recommended for HOPE, Inc., a private nonprofit agency that administers a Fair Housing Education and Outreach Program on the County's behalf. Honorable Chairman Joe A. Martinez and Members, Bcard of County Commissioners Page 5 Economic Development Total funding recommendation for the economic development category is $2.861 million which includes funding for the business incubator assistance, technical assistance, and other eligible economic development activities. A total of 22 applications were received in this category, six of which did not score 45 percent and above and were deemed ineligible for funding. One agency scored above the 45 percent threshold but was not recommended for funding because the activity is inconsistent with the objectives of the Economic Development category. The remaining 15 eligible activities are recommended for funding. As required by Ordinance No. 97-33, which created the Urban Economic Revitalization Task Force (UERTF), the FY 2011 CDBG Economic Development funding recommendations were presented to the Task Force for review. As the Board is aware, if the County Manager's final funding recommendations are different from those of UERTF's, a two-thirds vote of the members of the BCC is required to approve staffs recommendations. However, UERTF's funding recommendations are consistent with staffs recommendations. Historic Preservation Total funding recommendation for the historic preservation category is $125,000 for the Planning and Zoning McFarlane Project. This activity is focused primarily on the preservation, through rehabilitation, of single family homes. Housing Total funding recommendation for the housing category is $1.125 million of which $975,000 is for a variety of housing rehabilitation activities to include energy conservation programs for the elderly, code enforcement activities,water and sewer connections assistance, and a paint program. Public Facilities/Capital Improvements Total funding recommendation for the public facilities/capital improvements category is $7.173 million for participating municipalities and non-profits to undertake or complete drainage improvements, sidewalk replacement and handicap intersection ramping, street improvements, upgrades to lift stations, park improvements, and rehabilitation of a community-based facility. A total of 14 applications were received in this category, six of which did not score above the 45 percent threshold and were deemed ineligible for funding. The other eight eligible activities are recommended for funding. Public Services Total funding recommendation for public service activities is $2.604 million, or 15 percent of the CDBG funding, in keeping with US HUD rules and regulations. The CDBG program allows the use of grant funds for a wide range of "Public Service" activities, including, but not limited to, employment services, crime prevention, child care health services, and substance abuse services. The County accomplishes its public service goals through County departments. Neighborhood Revitalization Service Areas Total funding recommendation for the NRSAs is $3.477 million, or 20 percent as approved in the FY 2011 Policy Paper. This allowed the County to promote increased investment in the NRSAs in support of activities that have the potential for greater community impact and visibility. Additionally, for the first time the CACs actively participated in the RFA evaluation and scoring process. A total of $1.817 million is recommended for public facilities/capital improvements; $1.536 million for economic development activities; and $124,000 recommended for housing activities. Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 6 Table 3: FY 2011 CDBG NRSAs Recommendations IAgency Activity District NRSA FY 2011 Community Development Block Grant(CDBG)-Public Facilities/Capital Improvements City of Opa-Locka Lift Station#8 Improvement Project 1 Opa-Locka 100,000 City of Opa-Locka Lift Station#11A Improvement Project 1 Opa-Locka 200,000 City of South Miami SW 64th Street Improvements 7 South Miami 177,000 South Florida Urban Ministries,Inc. SFLUM Community Center 2 West Little River 150,000 Miami-Dade Park and Recreation African Heritage Cultural Arts Facility 3 .Model City 50,000 Improvements Miami-Dade Park and Recreation Leisure Lake Park Facility 8 Naranja 185,000 Improvements Miami-Dade Park and Recreation Quail Roost Park Facility 9 Perrine 200,000 Improvements _ Miami-Dade Public Works Goulds Capital Improvements 9 Goulds 303,000 Miami-Dade Public Works Melrose Capital Improvements 2 Melrose 200,000 Miami-Dade Public Works West Little River Capital 2 West Little River 200,000 Improvements Miami-Dade Public Works West Little River Tree Planting 2 West Little River 52,000 Subtotal Public Facilities 1,817,000 CDBG-Economic Development Agency Activity District NRSA FY 2011 79th Street Corridor Neighborhood Economic Development-79th Street 2 West Little River 210,000 Initiative,Inc. Technology Project Barry University,Inc. Barry University-ED Technical Multi- Opa-Locka,South 122,000 Assistance District Miami and Model City Black Economic Development Coalition, Liberty Square Small Business Pilot 2&3 Model City 175,000 Inc.dba Tools for Change Program Dynamic Community Development Corp. Economic Development/Technical Assistance 2 Melrose 80,000 Enterprise Development Corp.of South Incubate Miami 5&7 South Miami 156,000 Florida 1,2,5, Hialeah Dade Development,Inc. Hialeah Dade Development, Inc. 6,12& Opa Locks and 138,000 13 Melrose Neighbors and Neighbors Association, Edmondson Small Business Melrose,Model City, Inc. Development Hub Business Incubator 2&3 &West Little River 200,000 - Neighbors and Neighbors Association, Goulds Business Resource Center 8&9 Goulds and Perrine 200,000 Inc. South Florida Puerto Rican Chamber of Micro Loan/Technical Assistance Opa-Locka and Commerce,Inc. Program 1&2 Melrose 75,000 South Florida Urban Ministries,Inc. Assets Miami 2 West Little River 180,000 Subtotal Economic Development 1,536,000 CDBG—Housing Naranja Sunny Haven Water Sewer Action Agency Connections 9 Naranja 124,000 Subtotal Housing 124,000 Total NRSA Funding $3,477,000 County Departments As is illustrated in the following table, $6,944,000 or 40 percent of total CDBG funding, is being allocated to County departments to undertake activities that benefit low- to moderate-income residents in the NRSAs and eligible block groups, as follows: Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 7 Table 4:FY 2011 CDBG-County Department Programmatic Recommendations(40 Percent) Department Programs Category Funding Building and Neighborhood Compliance Code Enforcement Housing 429,000 Elderly Residential Energy Housing 100,000 Community Action Agency Conservation Program Program Housing 322,000 Paint Pro Community Action Agency g ym Greater Miami Service Corps Employment and Training Public Service 371,000 Greater Miami Service Corps Graffiti Abatement Program Capital Improvement 170,000 Homeless Trust Beckham Hail Facility Improvements Capital Improvement 100,000 Housing and Community Development Enterprise Zone Program Economic Development 146,000 Professional Services! Capital Improvement 89,000 Housing and Community Development Technical Assistance Professional Services/ Housing 150,000 Housing and Community Development Technical Assistance Human Services Facilities Improvements Capital Improvement 1,939,000 Human Services Seymour Gelber Facility Improvements Capital Improvement 267,000 Human Services Treatment Alternatives to Street Crime Public Service 500,000 Human Services Advocates for Victims Public Service 500,000 Juvenile Services Diversion Programs Public Service 500,000 Country Club of Miami South Miami Capital Improvement 270,000 Park and Recreation Facility Improvement Planning and Zoning Historic Preservation-McFarlane House Historic Preservation 125,000 Public Works Graffiti Removal Capital Improvement 233,000 Florida Department of Health Immunization Van Public Service 74,000 Florida Department of Health Rodent Control Program Public Service 659,000 Total County Programs: $6,944,000 COMMISSION ALLOCATIONS As has been the practice in recent years, $2.6 million, or $200,000 per Commission District, has been earmarked to support CDBG-eligible activities in each of the 13 districts. In making their awards, Commissioners were encouraged to prioritize activities in the NRSAs and eligible block groups, and activities recommended for funding under the competitive 2011 RFA that scored a minimum of 45 points and have, as a result, been deemed eligible for funding. To assure compliance with US HUD mandates, the County has eliminated Commission District Reserves. As a result of this mandate, DHCD staff met with each Commissioner to review activities eligible for funding. The following are the funding recommendations from the Commission Allocations: TABLE 5:FY 2011 Commission Allocations District Activity Description Category Activity Address Amount City of Opa-Locka,Lift Station#11A Capital Improvements 350 Bahnman Avenue,Opa- $100,000 1 rehabilitation Locke 1 City of Opa-Locka,Lift Station#8A rehabilitation Capital Improvements 2352 NW 147 Street,Opa-Locka 100,000 2 Neighbors and Neighbors Association,Inc.— Economic 180 NW 62 Street,Miami 50,000 Technical Assistance Development 2 South Florida Urban Ministries,Inc. —Small Economic 11500 NW 12 Avenue,Miami 50.000 Business Technical Assistance Development 2 Black Economic Development Coalition,Inc.— Economic 1415 NW 63 Street,Miami 50,000 (Liberty Square Small Business Pilot Program) Development 2 79th Street Corridor Neighborhood Initiative(W. Economic 7900 N.W.27TH Avenue,Suite 50,000 Little River) Development 236,Miami Neighbors and Neighbors Association,Inc.— Economic 180 NW 62 Street,Miami 50,000 3 Technical Assistance Development - Honorable Chairman Joe A. Martinez and' Members, Board of County Commissioners Page 8 District Activity Description Category Activity Address Amount 3 African Heritage Cultural Arts Center—Marquee signage Public Facilities 6161 NW 22 Avenue,Miami 50,000 3 Black Economic Development Coalition,Inc.— Economic Liberty Square Small Business Pilot Program Development 1415 NW 63 Street,Miami 50,000 3 Contractors Resource Center,Inc.—Community Economic 1730 Biscayne Blvd..Suite 201, Contractors&Residents Construction Program Development Miami 50,000 4 Greynolds Park:Capital Renovation,playground 17530 W.Dixie Hwy., renovation Public Facilities North Miami Beach 20,000 4 Greynolds Park:Capital Improvement,new 17530 W.Dixie H Heritage sign Public Facilities " 52,200 Douglas Gardens Community Mental Health North Miami Beach 4 Center of Miami Beach,Inc./Golden Palms Public Facilities 17000 NE 21 Avenue, facility renovations North Miami Beach 127,800 5 Drainage and sidewalk improvements Public Facilities NW 20 St.&Delaware Parkway 6 City of West Miami—sidewalk East to NW 27 Avenue,Miami 200,000 replacement/handicap intersection ramping Public Facilities 901 SW 62 Avenue,West Miami 62,000 6 A.D."Doug°Barnes Park—capital renovation Public Facilities 3401 SW 72 Avenue,Miami Brothers to the Rescue Memorial Park— 100,000 6 park/facility improvements Public Facilities 2420 SW 72 Avenue,Miami 38,000 7 Barry University—Economic Development Economic 11300 NE 2 Avenue, Technical Assistance Development Miami Shores 50,000 7 City of South Miami—SW 64 Street _ improvements Public Facilities SW 64 Street,South Miami 50,000 7 Neighbors and Neighbors Association,Inc.— Economic technical assistance/economic development Development 180 NW 62 Street,Miami 50,000 7 South Florida Urban Ministries—Community Center Public Facilities 11500 NW 12 Avenue,Miami 50,000 8 Park and Recreation—Palmland Park Public Facilities 13531 SW 304 Street,Miami 8 Park and Recreation—Leisure Lakes Park(new 15,000 ptaygrround/shade) Public Facilities 29305 Illinois Road,Miami 185,000 9 Quail Roost Park—Park and Recreation Public Facilities 11359 Quail Roost Drive,Miami 200,000 10 Ruben Dario Park—Facility improvement,Park and Recreation Public Facilities 9825 W.Flagler Street,Miami 100,000 10 Seymour Gelber Adult Day Care Center— Faciiity improvements Public Facilities 11025 SW 84 Street,Miami 100,000 11 International Gardens Park—Park Improvements Public Facilities 12321 SW 18 Terrace,Miami 50,000 11 Olympic Park—resurface basketball courts Public Facilities 8601 SW 152 Avenue,Miami 18,000 ' 11 Tamiami Park—upgrades to baseball fields , Public Facilities 11201 SW 24 Street,Miami 132,000 12 City of Sweetwater—Drainage improvements, Between W.Flagler Street to Phase IV Public Facilities NW 8 Street.,and NW 112 Avenue to NW 117 Avenue, 100,000 Hialeah Dade Development.Inc.—economic Economic Sweetwater 12 development 501 Palm Avenue,Hialeah Development 55,000 12 Miami-Dade County Public Works project - street resurfacing Public Facilities TBD 45,000 13 Country Club of Miami South Park—Park Improvements Public Facilities 6801 NW 186 Street,Miami 200,000 Total Commission Allocations $2,600,000 Activities in Entitlement Cities Based on US HUD's "metropolitan significance" criteria in recommending funding for activities in Entitlement cities, staff was especially mindful of US HUD's Final Rule issued on November 1995. The rule states that CDBG funds may assist an activity outside the jurisdiction of the grantee, only if the grantee determines that such activity is necessary to further the purposes of the Housing and Community Development Act, the recipient's community development objectives, and that reasonable benefit from the activity will accrue to the residents of the jurisdiction of the grantee. Simply stated, Miami-Dade County may support activities in other entitlement communities, but only to the extent that such activity also benefits residents of the County's primary unincorporated target area, thereby demonstrating Metropolitan Significance. The six entitlement cities include the City of Miami, City of Miami Beach, City of North Miami, 3 Honorable Chairman Joe A. Martinez and•Members, Board of County Commissioners Page 9 City of Hialeah, City of Homestead and the City of Miami Gardens. Similar to the entitlement cities, those cities that receive State of Florida Small Cities CDBG Program funds must also meet the Metropolitan Significance standard and be consistent with the County's high priority needs. As such, staff will continue to evaluate projects funded in other entitlement cities to ensure those activities also benefit the County's primary unincorporated target area. HOME INVESTMENT PARTNERSHIPS PROGRAM(HOME) FY 2011 HOME Program funds is estimated at $6.679 million and the requests for funding totaled $10,076,975. The HOME program provides funds for permanent and construction loans, homeless housing and related assistance, to assist very low- and low-to-moderate income families to purchase or rent affordable housing units. Due to the current housing market, the FY 2011 Action Plan did not address funding new homeownership construction projects.Applicants currently funded for homeownership projects received recommendations for the HOME funding which includes HOME CHDO Set-Aside and HOME CHDO operating funds in order to enhance the likelihood of project completion. Table 6: FY 2011 HOME Recommendations Category Dollars Percent Administration $668,000 10.0% Rental Rehabilitation Program 1,170,000 17.5%_ Tenant Based Rental Assistance 500,000 7.5% Elderly Homeowner Rehabilitation 1,000,000 15.0% Homeowner Rehabilitation 1,000,000 15.0%_ Homeless Programs 1,000,000 15.0% HOME CHDO Set Aside 350,000 5.2% HOME CHDO Operating Support 50,000 0.8% HOME Reserve 941,000 14.0% Total $6,679,000 100% EMERGENCY SHELTER GRANT(ESG) It is recommended that the FY 2011 ESG funds of$750,000 be allocated to Camillus House to continue to operate the Beckham Hall Emergency Shelter facility which provides temporary shelter and services to 400 homeless individuals annually. STATE HOUSING INITIATIVES PARTNERSHIP(SHIP) It is recommended that the SHIP funding of $500,000 be allocated to Homebuyer Assistance and Counseling activities. A total of three agencies have been recommended for funding in this activity. The homebuyer counseling addresses, among other things, financing,fair housing practices, credit counseling, budget and money management,and home maintenance. STATUS OF ANNUAL ACTION PLAN SUBMISSION Miami-Dade County's Annual Action Plan year for the CDBG, HOME and ESG program is January 1, to December 31, as such the County's Annual Action Plan is due to US HUD no later than November 15, which is 45 days prior to the program start date. Although work began early to develop the plan,the County did not meet the submission date of the Annual Action Plan to US HUD, and requested an extension which US HUD granted to January 17, 2011. A second extension was requested and US HUD granted a second extension through March 31, 2011.Copies of the extension letters are attached(Attachment C). r 5 Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 10 Miami-Dade County is committed to continuing to serve the low- and moderate-income residents and neighborhoods throughout the County and achieving the US HUD National Objective. The County continues to work with its community development partners to enhance its programs and to better meet the needs of low-to moderate-income residents and neighborhoods. Attachments 'fie Assistant unty Manager /b . T ;.. _ �_ MEMORANDUM (Revised) TO: Honorable Chairman Joe A. Martinez DATE: March 1, 2011 and Members, Board of County Commissioners 4:9;0\FROM: R. A. Cuevas, Jr. SUBJECT: Agenda Item No. 5(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 , 3/5's , unanimous ) to approve Current information regarding funding source,index code and available balance, and available capacity (if debt is contemplated) required l/ � I Approved G` '� ayor Agenda Item No. 5(e) Veto • 3-1-11 • Override RESOLUTION NO. R-179-11 RESOLUTION APPROVING THE FY 2011 ACTION PLAN FUNDING RECOMMENDATIONS; AUTHORIZING THE FILING WITH U.S. HUD OF MIAMI-DADE COUNTY'S FY 2011 ACTION PLAN WITH PROJECTED USES OF FUNDS FOR FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), EMERGENCY SHELTER GRANT (ESG), AND STATE HOUSING INTIATIVE PARTNERSHIPS (SHIP); AUTHORIZING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO MAKE NON-SUBSTANTIVE MODIFICATIONS TO THE FY 2011 ACTION PLAN AND UPDATES TO THE FY 2008-2012 CONSOLIDATED PLAN; AUTHORIZING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO GIVE PRIORITY CONSIDERATION TO FULFILL THE FY 2010-2011 BUDGETED MANDATES; AND EXECUTE ALL CONTRACTS, AGREEMENTS,AMENDMENTS, AND TO SHIFT FUNDS AND FUNDING SOURCES AWARDED FOR A PROJECT TO ANY NEW ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT THE ABOVE PROGRAMS; AND AUTHORIZING THE COUNTY 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 approves the filing with U.S. HUD of the Miami-Dade County 2011 Action Plan with recommended use of funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grant (ESG), and State Housing Initiatives (SHIP) programs; authorizes the County Mayor or Mayor's designee to give priority consideration to fulfill FY Agenda Item No. 5(B) Page No. 2 2010-11 budgeted mandates, and to shift funds for each program among activities of the same agency without exceeding the total amount allocated to that agency; authorizes the County Mayor or Mayor's designee to shift funding between agencies without exceeding the total award amount to that activity or changing the scope of that activity; authorizes the County Mayor or Mayor's designee to make non-substantive modifications to the FY 2011 Action Plan; authorizes the County Mayor or Mayor's designee to execute pre-approved contracts pursuant to US HUD's guidelines; authorizes the County Mayor or Mayor's designee to. execute such contracts, agreements and amendments necessary to carry out the above programs after approval by the County Attorney's Office; and authorizes the County Mayor or Mayor's designee to exercise the cancellation provisions contained therein. The foregoing resolution was offered by Commissioner Rebeca Sosa who moved its adoption. The motion was seconded by Commissioner AwireY M.Edmonson and upon being put to a vote, the vote was as follows: Joe A. Martinez,Chairman aye Audrey M. Edmonson,Vice Chairwoman ave Bruno A. Barreiro aye Lynda Bell aye Jose"Pepe" Diaz aye Carlos A. Gimenez aye Sally A. Heyman aye Barbara J. Jordan ave Jean Monestime aye Dennis C. Moss ave Natacha Seijas absent Rebeca Sosa aye Sen. Javier D. Souto absent ( 3 Agenda Item No. 5(B) Page No.3 The Chairperson thereupon declared the resolution duly passed and adopted this 3rd day of March, 2011. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. MIAMI-DADE COUNTY, FLORIDA GO M M, BY ITS BOARD OF M�=o 1i COUNTY COMMISSIONERS s7 0 couNrr Z HARVEY RU VIN, CLERK 0 m • 4 DIANE COLLINS **fir By: _ Deputy Clerk Approved by County Attorney as / �, l to form and legal sufficiency. 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' © - _ 40 69 - - ® k {4 ■ 0 o 0 o 0 k o:1 g 0 0 0 0 2 0 0 0 b 0 0 0 0. 0 0 0 °40 4/9 En 40 40 Eft ® \ § _. - c 70 8 § # o $ E ■ , o 0 ° 0 0 ■© § 0 0 0 b 0 0 7 2. 0 o 0 0 0 2 ATTACHMENT A CAC Meetings on the FY 2011 Policy Paper and Priority Needs Opa Locka Thursday,March 25,2010 Thursday,April 8, 2010-Special Call Meeting Thursday,April 15, 2010-Special Call meeting Thursday,June 24, 2010 Thursday,July 8, 2010-Special Call Meeting Thursday,September 23, 2010 West Little River Thursday,March 18, 2010 Wednesday,April 14, 2010-Special Call Meeting Tuesday,April 27, 2010-Special Call Meeting Thursday,June 17, 2010 Thursday, June 24, 2010-Special Call Meeting Thursday, September 16, 2010 Model City Wednesday,March 24,2010 Wednesday,April 14, 2010-Special Call Meeting(elections) Wednesday, May 12,2010-Special Call Meeting Wednesday, May 26,2010-Special Call Meeting Wednesday,June 23, 2010 Wednesday,July 14,2010-Special Call Meeting Wednesday,July 26,2010-Special Call Meeting Thursday,August 19, 2010-Special Call Meeting Wednesday, September 22,2010-Special Call Meeting Melrose Tuesday,January 12, 2010-Special Call Meeting Tuesday, March 2, 2010 Tuesday,April 6, 2010-Special Call meeting Tuesday, April 13, 2010-Special Call Meeting Tuesday,May 4,2010-Special Call Meeting Tuesday,June 8,2010 Tuesday,September 14,2010 South Miami Monday, March 15, 2010 Monday, June 21, 2010 Tuesday,June 29, 2010 Perrine Thursday, March 18, 2010 Thursday,June 17, 2010 Thursday, July 15, 2010-Special Call Meeting Thursday, July 29,2010-Special Call Meeting Leisure City/Narania Tuesday, March 9, 2010 Tuesday,June 8, 2010 Wednesday,July 13,2010-Special Call Meeting Goulds Wednesday, March 10, 2010 Wednesday,June 9, 2010 Thursday, July 8, 2010-Special Call Meeting Wednesday,July 14, 2010-Special Call Meeting ATTACHMENT B FY 2011 RFA/ ACTION PLAN TIMELINE June 9,2010 2011 Policy Paper presented to Housing and Community Development(HCD)Committee and deferred to next Committee meeting for further discussion. July 14,2010 HCD Committee meeting not held due to lack of quorum September 15,2010 HCD Committee forwards FY 2011 Policy Paper to BCC meeting of October 5,2010 with a favorable recommendation October 5,2010 BCC defers FY 2011 Policy Paper to next meeting for further discussion October 19,2010 BCC defers FY 2011 Policy Paper to next meeting for further discussion November 4,2010 BCC adopts FY 2011 Policy Paper resolution[1st Public Hearing] November 7,2010 Newspaper Ad published announcing release of RFA Mailed postcards and email notices announcing RFA release November 8,2010 RFA Released and distributed to libraries and placed on the Department of Housing and Community Development's(DHCD's)website. A copy was transmitted to County Commissioners. Nov 29-Dec 3,2010 Conducted three RFA Technical Assistance Workshops[11/29/2010; 1211/2010;and 12/3/2010] Dec 6-17,2010 RFA applicants make"MUST"presentations before NRSA Community Advisory Committees December 10,2010 RFA Application submission deadline Dec 10-12 2010 Staff compiled and organized applications for Selection Committees December 13,2010 Conducted Selection Committee evaluator training(County Departments/CAC's/DHCD staff) Dec 20-22,2010 Selection Committee review of applications conducted January 10,2011 County Manager transmitted agency scores to the BCC January 4—27,2011 Commission District Fund allocations received January 11,2011 Scores posted on DHCD's website January 24,2011 DHCD submitted Action Plan funding recommendations to the County Manager Exhibit 1 January 30,2011 Newspaper Ad for Action Plan published [Exhibit 1 —Funding recommendations delivered to Regional libraries,Homeless Trust;CM Head- start facilities] March 3,2011 BCC Special Call Meeting[2nd Public Hearing and Approval of Action Plan] ATTACHMENT C U.S.Department of Housing and Urban Development . '1' *'s Community Planning and Development r Region IV,Miami Field Office Bricks!!Plaza Federal Building 909 SE First Avenue,Rm.500 Miami,FL 33131-3042 October 25,2010 Mr.George M.Burgess County Manager County Executive Office Miami-Dade County 1111 V.W. Street-Suite 2910 Miami,FL 33128 Dear Mr.Burgess: SUBJECT: Miami-Dade County FY 2011 Action Plan Submittal Exception This is in response to the County's request received on September 9,2010 on the above subject matter. Based on the information provided,the Department is hereby granting an extension to the County's fiscal year(FY)2011 action plan submission date to January 17,2011. If the County needs additional time,it may request such at the end of extension. The County must ensure that its citizens are notified and are provided an opportunity to comment on the plan. We also caution the County on the impact that delays in the submission of the Action Plan may have on the administration of HUD's programs. This Office is available to assist you in any way possible. If you have any questions regarding this correspondence,or any other program matter,please do not hesitate to contact Ms. Lisa Bustamante,Senior Community Planning and Development Representative at(305)520-5008 or via email message at fiordaliza.bustamante@hud.gov Sincerely, Maria '.Ortiz-Hill Director,Community Planning and Development Division cc: Ann D.Chavis,Program Manager,US HUD Howard Piper,Assistant County Manager HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for all. www.hud.gov espanoLhud.gov ��.i...,. ATTACHMENT C o4escrwr4�, U.S. of Housing and Urban Development * *a Community Planning and Development s Region IV,Miami Field Office �►.�,,,�. Brk:ke0 Plaza Federal Biding 909 SE First Avenue,Rm.500 Miami,FL 33131-3042 February 1,2011 Mr.George M.Burgess County Manager County Executive Office Miami-Dade County 111 N.W. 1s`Street-Suite 2910 Miami,FL 33128 Dear Mr.Burgess: SUBJECT: Miami-Dade County FY 2011 Action Plan Submittal Extension This is in response to the County's correspondence received on January 27,2011 on the above subject matter. Based on the information provided,the Department is hereby granting an extension to the County's 2°d request for additional time to submit its fiscal year(FY)2011 action plan document no later than March 31,2011. As previously communicated,the County must ensure that its citizens are notified and are provided an opportunity to comment on the plan. We also caution the County on the impact that delays in the submission of the Action Plan may have on the administration of HUD's programs. • This Office is available to assist you in any way possible. If you have any questions regarding this correspondence,or any other program matter,please do not hesitate to contact Ms. Lisa Bustamante,Senior Community Planning and Development Representative at(305)520-5008 or via email message at fiordaliza.bustamante @hud.gov Sincere , 44110*, Mana • .Ortiz Director,Community Planning and Development Division cc: Ann D.Chavis,Program Manager,US HUD Howard Piper,Assistant County Manager HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for alL www.hud.gov espanoLhud.gov Miami-Dade County Deal for Announcements - City and Public... Page 3 of 4 Public Hearing MIAMI-DADS COUNTY PROPOSED FY 2011 ACTION PLAN WITH FUNDING RECOMMENDATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(COBS),HOME INVESTMENT PARTNERSHIPS(HOME),STATE HOUSING INTIATIVES PARTNERSHIP PROGRAM(SHIP),AND EMERGENCY SHELTER GRANT(ESG)PROGRAMS Pwabin b the Houtirg fed Csmear4y Developeenl Are oI 1974.as anghdfd vim 24 CFR pre 91, dal Caromriry Flaring fro Deatemmc Rawls.Mamstsds County toe eerabped as Papaw b FY 201)Ashen Pen- A plat Medal le consider deo FY 2011 kMcn Ran tndig m aemnerdatw b C00G HOME.ESG end be SHP pagans all be ebw eraugh&Spica CMh Meg in as Cennnesim Oman bard el to Staten P Cad Caner Delft 11I NN lsl Gnat Miami Fbds 33125.Same Few TM Obi W Wag M senllmeal al a NM rlka.The pa le a amid ranted and minors Cement may ads be abated n alit;bat Mention of Rama Cranford.Asygare Dunne,Mani. Dale Carty DepeAnenl al Hoeeg end Ca nmlbj Dre bpmnl(ICO).701 NN 1st Carat 140 Ram Maai.Ferife3Dt3d.The Abboud FYml1Ation Rim betas mavmrandaiae vol dobe are Mee ar ICCf's nfbW a10e btbbg adder 11*meal gods el the Carne led Plan ere b drenptM Weft.h matted fdeattate.ffi er1Hd end entinta pwbertips mad el Weis et gaammer9 end Re Mesta secdsi,Mailed te-proR and notaer•preat mgWallene;to wets paw r provede decem etudes;eithidr end mental a suelble Map anrealmere and espind canonic oppaunbes prbcteiy fa uvy bwa1mms and bikemodem* Mono pecan The decimal waft the etanrllav of at es enereeey moodraeed Weasel planed proms cep madmen sndwmmd of dean adnsar coca,county anaemia.bcd 9talrfr enta and de wart d beneCedf Canny fie Ptepaaed FY 2011 Acton Plan series d 0e kabob;*14004. • Fedora end Or kardk9 worms. • Desc pbonofallade eeOrMeelbewdvlawhFY2011baddressp+omrneeds •George*dabbottet drat rcented Miaow • Homeless and other spode'nee*advbee. • Ober hoard belaliras led all be undertaken In FY 2011 b hater and mouton akeelibee Ward, Rale Non blporaaaewa1dreadaaeadtat room bamrsbelerdaleeMoira reduce to maim of lemettoka with"cans MMos to paved Mw,atwbp aw►haend swpures.'chores obstdn Iwrwlsg s edvrrnd needs and sametomdaelan Maori able end mob haters end axial wipe peals. for Moe Ras Waft M IaMalag brag M it= COS*TM pony atadhe d pat Feted Proprwn w t+e denotement el skle vi en commuahs cnvada..O W Re aortae d Moat deg,a Webb Mu vneararwt end apvharg ensnare cpperterdoe roe taeldralfeemeredi Wallowendmodest-Male:NM CD86RVgrwntInhere Is ID prndpIly bendll bar end m00vak•eeme premt5 6001 WW1,null apedred$Mama d but me of fie fobring tree(3)MSbraIMOM*1)toWAkr and medera lncomspnaau;2)10 seen as p rearpon a mNinelon d am Or WObf.a 3)to meek commonly denbpne t needs havW7 polueb►awry The Carers es1InSMd COW asowtan C$11360030 Oxides$300990 0l pagsm Income)endIs eloramabPietFWHkaC epalknq Ora•anILEater*CDavenaortAdvenstr llor, end Hart Pa ehteon WEL The Rimy Mikan dUheF.Ovalpcynmisl estmyMfnpublotldrale pMSahvaina lfeed bpw4e Abe*fwse g Woo Jul bey*Ancomfpm ens'VOW tuts may be used anaeemia atgrta7d nadirs teem hazed dramas ughsCgipton,yet bltefee.taehaaiagmm4ucianad emenot ed nmra senefmw.7!e Cemeys saanehd HOME alb anon*36.020 000 ad is almond b wan hones hoer*sea.ralip rdsalii*Oort,homalese touting end enantasiem rand mitre* 999: The Way DMaYe of Pis Feavd mew is to acme amergeecy therm:abeam b to abandon Mud shalom and penal eaten meenlel Kcal*avast pehaneleee pep WW1 aid dole fecirg Pmelateran'Tee County%entailed ESTI Motto a$750.600 end ez Mound far emergmuy amber unseen SNIP:The pnenay sbpcsm of en Saw program si'b albs local gosmlrwe be giant degree d habit he men;ft canna des hoar;needs'As rpwad,Mem-0eds Cony Iles adpted both an cabana O96-701 Dab a nsobbuh IR417.$J Ittdswibs a ua sn0 Rogran for edema SHIP funds The WOW*Me bath tM",laic mama pagan ropsinemmts*be cad d SHP tads Funds niat eR veld a wplmnent to approved Lad Hoaerg Masbate Ran ILHAPS The Ma'am mud Dammed e19ble pfreas.A Ideal dS6o0i300 in Seep trots a 1lrrcatd tae Hurmeeuyer Eduason and Carat%Servos. Tae Reposed FY 2011 Aden Ran Meng be ectiNw funded to althea high piarbi needs as donkfmd in the FY 20062012 Conddebd Pan oil be a eltrate en the Depamnvt of Hating and Came* Dasebpnem*ebde d actimalmaillgun and of the tits bb beater Wall-Dada Ospare-ul el Mom*snd Garrdtr Dewlpfnemd 701 We lot Cast Palo),teeny FL 33)36 Ifam Fade 110misu Trod 111 WI lel beat,270 Fb r,Marti FL 33121 MlemlDade PAM Deny 101 Welt Recta Meet N/rri,fledde 33130 SOY*Dade heglmet library 10750 SN 211m Semi,Mari FL 33188 Meth Dads ROOM Linn 2455 HN lltirel Skeet MWni FL 33056 Gmmarllp Aden Agaampr Gmma day Sent*Sieben ICabis Carter,Lardy Cel•Gabe,Amine,end S.eebebr) MbmEDe da Cam/provdes eyed scar and 531)oo onandos In erfplc,Imrt and Dames ad does not deednaneb/gang potions We OasWeee.Amanmodedore to ambled or err-€apish spearg realms era be made astable toe upon rawest amore coaled RCt Olaspay.et 1786)4612100.at feast 3D http://findnsave.miamiherald.com/Local-Ads/a44664/Miami-Dad... 1/31/2011 Miami-Dade County Deal for Announcements - City and Public... Page 4 of 4 INV IN/{Mb MP W OW unvv IN IMtlIVV.VIIIIV4VI Im11Ln. A prom oho daubs P oppsslsry*POP mist,soy bast mum wormwood,phi owed Osof msMr=Wind sl IM masks or Swing MA sad s wad d to PocePop Such Pis miP nose os soon two sv rhmm nixed dtePowrd^cIs PIP,editing( naIysetpate=uscrPidt NM ipps/sl bead For legal an online, gn to iittp tegalads m;amidade.gov Published on 1/30/2011 This ad for City and Public Notices in Miami may contain time-sensitive information and offers. Please check with Miami-Dade County to confirm availability. More Miami-Dade County ads for City and Public Notices in Miami ate ,; - y 1/31/2011 1/30/2011 1/30/22011 1/29/2011 1/27/2011 1/27/2011 1/ 3 1 http://findnsave.miamiherald.com/Local-Ads/a44664/Miami-Dad... 1/31/2011 TIE MIAMI HEMID I MamiHerdidcan r• WEDNESDAY,FEBRUARY 16.2011 1 SD weatherRluntiltrrald cam/weather W •.4° )Mat 40)1.401 Iata1 WYISIt U MUM . 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R bun• K tawerb_P I Pa 3 SOM. (.M.recant Stan OW o,B WtM Ym it: : Gov YYa/ n4 Y MI u •ciaawaswo i ISM I I MMO ¶1040?so..,0SS'o ors••a.a.a .,..a ton III I.en 411 a !11011 a T1r1j0it 0. g trM/Y t oalwflPtww IsY r AO.. .r1.,lao••AW V01n 1¢0.+,.,�sbr lln^^' Tam TO n 1012 V Mgr ma a Mt mat ma.• own. N..V.w.r•. 440./nNnln.-V1nm.,m .¶a oY V not w _ .. ._ _.. Inver n'u[,nwr.JaM t...In 1n,.e�MMa,V1,wtr?eu IM 'off .•ta'P,nC a MIAMI-DADE Braman outlines reforms for county government •The leader of tar county Charter Review 'area's recall,though he o-ca0edstrorgol•yor pow- ores successfully pushed Florida Marinas stadium. effort to null Dade committee could be placed hasn't laid out a specific era,in which he directly fur salary increases for mint Braman unanccese fully Mayor Carlos Alvarez directly on the bike. agenda small low.Stammm, the county county employees sued to slop the public Il- sold StNeturel ream Is The move comes as the an automobile dealer,mid bum..um.7. The county mayor has mace deal t°build the ball- needed,toa Intl vole nears in the Bra• he plans mcamlpeign for the Voters handed Alvarez been dogged by scandals In perk.Separately,ayam- resorted amp.ign to mu reforms before sod alter the thatpewer-hl huge part,tw ow pat Iwo yews such as roots point.'orpuiMiilw eY MATTHEW HAMAMAM Miaml-Dade County Mayer upcambgnalivote. of frustration with how double-digit percent pay called Miami Voice 1eYO Ilcd lnamrtncan Carlos Alvarez.A recall in ea equalled statement, county government riper- hikes mtop aids-awhile all- launched•recall effort Declining that•recall election is set for Match If, executive office spoken- stet:Menke its hopes on irg for shared sacrifice,and aimed at removing Cum- alaa la lot the answer,bil- forbad,Alvarez and County woman Victoria MalleIte the notion that an empow- revelations that Ids chief of misseener Notacha Seijas, Waite hushgman Nor- CammWimer Nataehs Set- said:"Over the past six ered county executive could staff was working In Panama who voted teethe=mein. man Braman and former j•s The aamummmra also yetea,the Mayorhubeen in berm deliver reforms as•private consultant on rinse.Both Alvarez and charter review teak force comes no Alvarez prepares favor of charter refom,In- Beano Lunched his re- taxpayer time. Sebjs have Sled Iambs in chaananVletor bd.Malan- to make bin State of the volved to charter reform call effort in Oetrher alter Alvarez nude the mane •bb to derallthenunlieao- natured a slue of reforms County speech Wednesday and supportive of additional coup.commissioners cep venial decision to tack the does,In which arty voting Maud at changing the wry pedups his most public ef- charter mason" proved an Alvarez-pro- use ofpubic funds fora new begins peb.28. Miami-Dade County gem- At to defend his tenure. In 200Z Alvarez led and posed property as tale in- _ . arnment operates "These L overwhelming one a petition-drift to win crease At thewsne lime,Al-I ,Y,� Called%Covm.nt With stmdmmt that county serf 'U Public Notice The People,'ut the dares to no II ok Is not said Diaz,functioning• Penh 11_all Eanmwlty LdaveloPDient Agency n ▪takes out eight awes s- la It should;aria IMaa, change in wooly govern- 2006 and chairman of the On Jewry to tut MariDlm Cant's panted h Pealed Ionia include creathw o two Force,which proposed re- is s{ sI .I FY 2011 Acton Pan Wag s),HIkE iM For In Csnsdy et-large seas,impsleS hmmatolhemumiestrnWi- Festival,Parade $Rodeo Raab...,god West posq,MORE hmOal Pamaahq term limits or aommision- indon dux were quashed by February y a 27.2011 (HOME).Sate Hong Makes Prmrdly(�aid EAMeaey eta of two four-year terms county!enders without a Btssg .$ Shear dot(ER)mums.r the adawtaeat.Me Pale ma while loereadng commis- public Rlayxlduem e:eeem•5: ss erased Ma a polcMatgb wMiartteMdngraormodaare miner pay to unmet better 'Femme!change Mora g /'a Q A Mine dote though a Splint Cal Wens d M Brod d Canty candidates,and repealing will nut Ill Camay wake- nom.P•nu.a&•OM �./l SA Coeotaa.(5CC)m•chime amid iaaaalad =striations that soaker vats mete In lbLmmormas Pm..to.laap.,m.,, glpL "1.- Rs Sudan as bag MAW*al a peak teary en Me FY 2011 petition driers more costly dale la the community m •Shwbany Fpihalrmw Mina per Vona nowenodsgan far GAG.Kat SNP an and le document difficult see county government •drlp•&ssom Paade,¢m Ora.,Y<c,.,,.on LSO in a:Woad tr pr_Psaleo a h BCC at Wan 0,2011,■ for bald�aall elections itself in the form of r�ecWgl ATD*`M r5"rr"r„m Gii •,vn,Y•"" 8.30 an..ahCmmlnomChOwals Medan tie fidAMtdfa onthesaaedate avruesnd bdiatbes Bolt It has to be 'Yam Emenggm.......n Slept=P.GUS!Meng Ill NW le Shen tiara FMdI3.3126. mrbnal elections to mute combined with structural 0106. Ramblers-Tall-pagot PPagws led Net MOO.pa.(�pllbsa •larger turnout In county reform' in onv,e u... rases Ueda the proposal. Braman has said the can- Rte Al M DWrera hr aid mauve terse m psIRM•h MM 19910pllm4 d recommendations by the coign sought more than Al- •Dade F10 Red•°.00 0' 'CM AWL Toe nSrewuea to Acme sewn pan ICdla le Ow 5iv Caasasd Plm ter Su00Ea •Wtwe American Dancing spores re okay B Mom dame airmen pap seed h _. ._ .. -.. __. •Ymel 6wrtairvrstw a. •Mime Fenn Weifepe.pMM and nest dike proposal ptbawOMhedd.The •000ubony Festival era n -Free*do Play Area CPp 0410 roans hl h pale s gMn h Mlpalsy b psud• 2 •/hang Duncan-TIRE- lee auk amlnge MUm le pisparOMVauAdm Pan The in em.d•n rat nr•eta al an pbk anmN Seem a.A t•Mnl onMacy 00,2mi M Pd en •DaN•Pa Rodeo flow Mrd O,Ni1. •Old Dave Sda it we.M1mOM MMale ltsa MessDad•Cmna pies.191MamM"noel gpablMM9 ♦ w�.......0.,.,.w.,.m �a■■ww.Hb• a¶p/pypya SM snits ad dm opt b00*5.sPku ppsae 'I I� 1 ---- wmmaas.a.fdmPamum.trmlMSdaamFseplmlprtnp -, II V_Ik_ manna ea lw rem asgb hs um,moon Plum son e -v. 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The county mayor has dote deal to bond the ball- needed,too. moll vote tears to the Be. hephmam campaign for the Voters handed Alvarez been dogged by s•rndals in park.Seperately,agrass- marled campaign to oust mf before and after the Ma pm...in large part,out the past two yeah such as mots political organisation K MATTIEMIIIARfdOAII Miami-Dade County Mayor upmmfog recall vote. of frustration with bow double-digit percent pay called Miami voice m611a11sram•ua+uan Carlos Alvarez.A recall mane-mailed wtcaent, county government oper- am to top aides while cell- launched a recall effort Declaring that a recall election is set for March 1S, executive office spokes- ales pinning its hope on ing for shared sacrifice:and aimed at removing Coo alone is sot the moor,hil- fmbdh Alvatezand County woman Victoria Mallette the notion tan an empow- revelations that his chief of adseioner NSteche Sei)as, Bonita hostae.man Nor- CommisalmeoNmeba gal- said:•Over the pest six eyed cooly executive could stafwesweebloglnl'ate= whovotedfoetMfasrealm ream Bt.man and former jots.The amouoeemet aloe yo.eethe Mayor has ban in better deliver reform as•private consultant on crone.Both Alvarez and clutter review task fume comes a Alvarez prepares from of canes reform.kl- Braman laooched his re- taxpayer doe. Sdpa ham filed results in ehabtoaiVioorM,blaa am to make his State of the volved In charter reform on effort in October after Alvarez made the contra abidto derail Merman el. zoomed a sae of tdoou Camay speech Wednesday. cod elpportiveofadditional county committionen op venial decision to back the dom.lo which ewly voting aimed at rhengi*the may perhaps his most puhflc of. chatter reform" proved an Alvarea-pro- use ofpubne funds for•oew begins Feb.2B. Miami-Dade County gov- fort to defend his Poetic- In 2002 Alaarez led and posed property tax rate ins - ennead opera. Cave •TheeeIsoverwhelming one petition-drive to On lonae At the same time.Al-I Y r.rl.d y5 Caveman weir sentiment that county Rosa- Public Notice The People.the Moment ant enmmt Is not functioning �..,1•.�. stakes out eight areas to ea It should:ofd Dias,• '.....al Ida„��dBVBWpmg0.t AQgRCy change in county govern- lawyer and chirmen of the . ?� Or W age Blossom •r 30.2011 sWYnitds 4C0( Skp.lieut eI Howilp meat.The proposed re- 2008 Chewer Review Task and Cemmuly to he•g•t pcoi perm N pamsd foto include and*two Forcer which proposed re- FY 2011 M et PO artag 00)*0lmlbs for N Comery at-large seats,imposing (173132S lathe eotueylaMati- Festival, Parade 6 Roildeo Oolopnent BOA Fm(COM NOSE nlaamot Pannto Into limits c comsoloion- tudcn that were quashed by February 2,a 2A,2011 0 E 6 81 (NOa4E),Stat.milg I *MdPrMIq(Sf1P)old E0wwlY em of two four-year terms county leaders without a D R P S1WMr OM(Egli)pagans.h tat tli 10peEe.kw Pu6Kwi B:BOem-S:0020 w "-i hire Increasing commas- public referendum _ Mead la a pWOMaaeb MideNtrdatworeMrsfmm sinner pay to attract hexer personal caanne aloe Sefudny �/� C(iA *0 +tea yn l�� *a N Boni a Cowry • didates,and repealing will not Oa county govern- . ,.is P ate B0.aoaal f/ IBCC)mdW ed oneb6a mvimad sthai male vote mot.hesebmemrmoua ve.ILOS trap.ran.° fP6 '} flu Pubic is oar base abated NO plea teneg enN FY 2011 pe▪tition drives more ct. see c in the government community el .Spewbony FolNi.m.. 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"- Resolution No. 10-8170 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT THREE (3) APPLICATIONS TO MIAMI-DADE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE FY2011 NON- HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT OF FIVE MILLION DOLLARS ($5,000,000.00); PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Miami-Dade County CDBG Program allocates block grant funds from HUD to not-for profit community based organizations,municipalities,etc., that benefit low and moderate income residents; and WHEREAS, the City of Opa-locka will use the CDBG funds to address gaps in current active projects' budgets; and WHEREAS, the City Commission of the City of Opa-locka authorizes the City Manager to submit three(3)applications to the Miami-Dade County Department of Housing for the CDGB Program. 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 directs and authorizes the City Manager to submit three (3) applications to Miami-Dade County Department Of Housing And Community Development for the FY2011 Non-Housing Community Development Block Grant (CDBG), in the amount of FIVE MILLION DOLLARS 1 Resolution No. 10-8169 ($5,000,000.00); Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 8th DAY OF December,2010. 64----) ---eli/. AYLOR MAYOR Atte t to: Deborah S.Irby City Clerk Approved as to form and legal sufficiency: Jo.'.pJSPY C v Att+ ey Moved by: HOLMES Seconded by: TYDUS Commission Vote: 5-0 . Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES i P. ocka\ O , ~ 0 U AI Memorandum TO: Mayor Myra L. Taylor Vice Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Coif missioner/ Gail Miller 2 FROM: C arance Pa erson ity anager DATE: November 19,2010 RE: Resolution Authorizing Application to Miami-Dade County, Department of Housing and Community Development for the FY 2011 Non-Housing Community Development Block Grant(CDBG)Funding Request A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT THREE (3) APPLICATIONS TO MIAMI-DADE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE FY 2011 NON-HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT UP TO FIVE MILLION($5,000,000.00)DOLLARS;PROVIDING FOR AN EFFECTIVE DATE. Description: Miami-Dade County's CDBG Program allocates block grant funds from US HUD to private, not-for-profit community-based development organizations, community development corporations, community-based organizations, municipalities and County departments for activities that benefit low and moderate-income persons. Applicants must show that they have other sources of funding as the County uses its federal funds to address funding gaps. Other funding must exist to ensure timely project completion. Activities must address a high priority need as identified by the Financial Impact: None. The CDBG funds will be used to address gaps in currently active projects' budget. Implementation Time Line: Immediately. Legislative History: None Recommendation(s): Staff is recommending the approval. ATTACHMENT(S): FY2011 Guidelines for Non-Housing Community Development Block Grant(CDBG) Funding Housing, d Community Development 701 N.W.1st Court• 14th Floor MIAMI-DADE Miami,Florida 33136 T 786-469-2100 F 786-469-2236 COUNTY miamidade.gov Carlos Alvarez, Mayor July 14, 2011 Mr. Bryan K. Finnie Interim, City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Re: FY 2011 CDBG Contract— Lift Station # 8 Improvement Project Dear Mr. Finnie: This letter accompanies the FY 2011 Community Development Block Grant (CDBG) contract between your City and Miami-Dade County's Department of Housing and Community Development (DHCD). That agreement covers the $100,000 that the Board of County Commissioners approved for your agency's Lift Station #11 Improvement Project through Resolutions#R-179-11. The individual(s) authorized legally by your agency's Board must sign and date all seven counterparts. Do not date the sentence that begins "IN WITNESS THEREOF, the parties hereto..." This will be completed by DHCD. Your organization's corporate seal must be affixed to all copies returned to DHCD. Please take the time to review the contract and corresponding attachments. You must return six of the seven contract copies to your Project Manager, Jesus Hernandez by July 22, 2011. Please ensure that you meet that deadline to prevent any delays in the execution of your agency's agreement or the processing of payments for the expenditures of your project(s). The following items contain the federal and DHCD. Regulations, policies, and procedures that apply to your City's agreement: X Policies and Procedures Manual X OMB A-122 X Revised CDBG Regulations (24 CFR Part 570) X OMB A-133 X OMB A-110 X F.S. 607.124 _Revised HOME Regulations (24 CFR Part 92) Please contact Jesus Hernandez, at (786) 469-2131, if you have any questions regarding the agreements or the project's budget. Sincerely, n/ Cordella Ingram Supervisor CI/jh Enclosures Resolution Number#R-179-11 Duns Number#083111823 Awarded Amount $100,000 CDBG 2011 FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT Municipalitiy CONTRACT BETWEEN MIAMI-DADE COUNTY AND 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 City of Opa-locka, hereinafter referred to as "Awardee" and having offices at 780 Fisherman Street, 4th Floor, Opa-locka, FL 33054, and telephone number of(305)953-2895, 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;and WHEREAS,the Awardee provides it will develop activities of value to the County and has demonstrated an ability to provide these activities;and WHEREAS,the County is desirous of obtaining such activities of the Awardee,and the Awardee is desirous of providing such activities;and WHEREAS, the County has appropriated $100,000 of CDBG funds to the Activity Lift Station #8. Improvement Project located at 780 Fisherman Street, 4th Floor, Opa-locka, FL 33054. 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 II,W(2)(a)(1)-(2);and 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 Page 1 of 38 business located in Miami-Dade County from which the Contract or Subcontract will be performed. Low-and Moderate-Income A person or family whose annual income does not exceed 80%of the Individual or Family median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Very Low Income Individual A person or family whose annual income does not exceed 50%of the or Family median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Contract Records or Any and all books, records, documents, information, data, papers, Agreement Records letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. 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 p rty as descibed by legal description in any loan documents executed between Awardee and the County and any real property of Awardee or Related or Affiliated Entities(as defined herein) acquired or improved upon with funds awarded pursuant to this Agreement or on which funds awarded pursuant to this Agreement are anticipated to be used. Policies and Procedures DHCD's Policies and Procedures Manual f/k/a Contract Compliance Manual Manual may be viewed and downloaded at http://www.miamidade.gov/ced/PnP.asp Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for Subconsultant the purpose of performing work or functions cited on the Action Step Format(Attachment"Al)of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee. 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 appl___ i__cable 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 Page 2 of 38 applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. Any changes to the required insurance policies, including coverage renewals, must be submitted to 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(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 Page 3 of 38 FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee pursuant to this Agreement. F. Documents and Reporting Requirements The Awardee shall submit documents to DHCD or report on relevant information to DHCD as described below or 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. Please refer to Attachment B-1(1),for insurance requirements. 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 10 days after the quarter ends.. b. Quarter) Re.ortin. 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: 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: Page 4 of 38 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 10 days after the first and the third quarter ends. 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 10 days after the first and the third quarter ends. 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) day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section II,Paragraph F.2.a and Paragraph F.3. 3. Annual Report (Fourth Quarter Progress Report)-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, 2011 through December 31, 2011 and shall be received by DHCD no later than 10 days after the year ends. 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." Page 5 of 38 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 fora 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: 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. Page 6 of 38 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 Florida Statutes and any and all other focal, 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 Policies and Procedures Manual found at http://www.miamidade.gov/ced/PnP.asp, 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 Page 7 of 38 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. 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 Page 8 of 38 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 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 Page 9 of 38 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 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 Page 10 of 38 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 Planning and Outreach Division 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 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 Page 11 of 38 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 their 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 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 y pp. modified to be consistent with the law or regulation or to be deleted deemed modification slimpossible. 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,shalt 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 holden 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 Staff and provide Technical Assistance from the Department of Housing and Community Development to assist the Page 12 of 38 project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement may result in a reduction of a maximum of 5% of the Agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by such staff.. 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. Page 13 of 38 • 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. 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 four years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 10. The Awardee shall ensure that its auditors share their audit results with and must submit the audit report to 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. Page 14 of 38 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. 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 Page 15 of 38 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 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. Page 16 of 38 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 Ware or may become engaged. Submission or distribution by the Awardee to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights,title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works"shall become the property of the County. c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced.or distributed by or on behalf of the Awardee, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the County, except as required for the Awardee's performance hereunder. d) Except as otherwise provided in subsections a, b, and c above,or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s)or entity(ies)to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the County or entities controlling, controlled by, under common control with,or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with 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. Page 17 of 38 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. 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. Page 18 of 38 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 II, 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 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 Page 19 of 38 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 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 Page 20 of 38 above and acquires information which may indicate that there may be an actual or apparent violation of any of the above,Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. Intentionally Left Blank U. Publicity,Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development(US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets,wall plaques,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. 170Iu (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. Page 21 of 38 2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135,which implement Section 3. As evidenced by their execution of this Agreement,the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. 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 Page 22 of 38 execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W. Property 1. Definitions a. Property.As defined on page 2 herein. b. Real Property: Land, land improvements,structures,fixtures and appurtenances thereto,excluding movable machinery and equipment. c. Personal Property:Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents,inventions,and copyrights. d. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature,with a value of$1,000 or more per item, with a normal expected life of one or more years, not fixed in place,and not an integral part of a structure,facility or another piece of equipment. e. Expendable Personal Property: All tangible personal property other than nonexpendable.property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved by Awardee or 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 Page 23 of 38 of acquisition; value at time of acquisition; condition; address or location; owner's name Pifediffer different fiomvthe eAwardee; information on the transfer or disposition of the property; present whether property is in parcels,lots, or blocks and showing�adjac adjacent streets indicating 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. 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 Coun ty 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 with funds from this and previous Agreements eements wth DHCD shall be listed in property records of the Awardee and shall include a description of the ro e ity; location; model number; manufacturer's serial number; date of acquisition; P P 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 ro e with funds from this and previo s Agreements with DHCD shall be le n entorriied or in 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. Page 24 of 38 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. a. The Awardee shall comply with the Program Income provisions in DHCD's Policies and Procedures Manual. If any Program Income provisions of the Policies and Procedures 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. Page 25 of 38 i• 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 Policies and Procedures Manual. Z. Subcontracts and Assignments 1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634-93,Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https://www.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 https//www.miamidade.gov/aba/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 Policies and Procedures Manual. c. Identify the full,correct,and legal name of the party. d. Describe the activities to be performed. e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or 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; Page 26 of 38 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. i. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Awardee and its subcontractors and suppliers,shall retain such records,and all other documents relevant to the Services furnished under this Agreement for a period of three(3) years from the expiration date of this Agreement and any extension thereof. 2. The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee.The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. 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. Page 27 of 38 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 checks paid to all subcontractors and suppliers,all release of liens from all subcontractors and suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Awardee or to an subcontractor hereunder,nor shall the Awardee advance CDBG funds to any party. y 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 Agreement. Such evidence must be on file i with DHCD insurance and the r County's yRisk this 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 Policies and Procedures Manual. 8. Any unexpended funds remaining after the completion of the services under this Agreement, or after termination of this Agreement, shall be recaptured in full by the County. 9. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this Agreement, Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a Page 28 of 38 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 Development Bank Account permitted by the first mortgage lender at the discretion of the County. III. THE COUNTY AGREES: Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions contained within this Agreement in an amount not to exceed $100,000. "Please be advised that the US Congress has not approved the FY 2011 budget for CDBG at the time of this contract execution,and in fact Congress may reduce funding intended for this program, which may impact the award. The parties to this agreement understand that the amount of this award is anticipated funding and is subject to availability." IV. THE AWARDEE AND DHCD AGREE: A. Effective Date 1. This Agreement shall begin on January 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 December 31, 2012. 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. Page 29 of 38 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. 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 II,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 Page 30 of 38 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) business 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 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. Page 31 of 38 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. 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 Page 32 of 38 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 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 Page 33 of 38 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 Policies and Procedures 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 business 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 agree's 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. This contract may be executed in counterpart copies, and these counterparts shall together constitute an original of this Agreement. l• 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 Page 34 of 38 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: City of Opa-locka 780 Fisherman Opa-locka, FL 33054 Attn: Mr.Bryan K. Finnie,Interim City Manager COPY TO: Attn: • 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 1st 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,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. Page 35 of 38 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. 0. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement, including any rights,title or interest therein,or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. P. Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. Q. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. R. 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. Page 36 of 38 S. All Terms and Conditions Included This Agreement and its attachments as referenced(Attachment A-Scope of Services;Attachment Al — Action Steps; Attachment B - Budget; Attachment B-1(I) 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. T. Conflict In the event that a conflict arises between any prior funding documents and/or agreements governing this development,the terms, provisions and definitions included in this Agreement shall prevail. In the event that the Subsidy Layering Review (SLR) 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. U. Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein,the singular shall include the plural and plural shall include the singular,and pronouns shall be read as masculine,feminine or neuter as the context requires. V. Survival The parties acknowledge that any of the obligations in this Agreement, including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement,which by nature would continue beyond the termination,cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. W. Corporate Governance A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, 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. Page 37 of 38 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 Y 2011. AWARDEE: MIAMI-DADE COUNTY City of Opa-Iocka BY: BY: NAME: Bryan K. Finnie NAME: Carlos A.Gimenez TITLE: Interim City Manager TITLE: Mayor 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: 596000394 Resolution#: #R-179-11 Awardee's Fiscal Year Ending Date: CORPORATE SEAL: AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES Page 38 of 38 ttachment IM vur= COUNTY CITY OF OPA-LOCKA FY 2011 Scope of Services January 1,2011—December 31,2011 1. -ACTIVITY TITLE: Pump/Lift Station#8 Rehabilitation Project 2. -ACTIVITY DESCRIPTION: Rehabilitation of Lift Station 8 is a Water and Sewer improvement that will benefit low — and moderate — income residents and businesses and will stimulate economic development and growth in the City. 3. -APPROVED BY BCC: $100,000 4. -SOURCE: CDBG 2011 5. -HUD INFORMATION: 5a.—HUD matrix code: 03J 5b.—Title: Water and Sewer Improvements 5c.—Eligibility 570.201(c) 6. -ACCOMPLISHMENTS: 6a.—Number of Units: 1 6b.—Type: Facility 7. -NATIONAL OBJECTIVE: 570.208(a)(4)—Low/Mod.Jobs(LMJ) 8. -ACTIVITY ADDRESS: 780 Fisherman Street O a-locka,Florida 33054 9. -LOCATION: NRSA-Opa-locka CO: City_of Opa-locks PLANNER: Gerald Lee • • hU O y Z 3 A �O p zm o z A j F �x WI j;t ,,�:3 p m N n s'. -i ..C.' z "p z x:. 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CD `✓ �I/ 0 p .., aroma o 0 . 0r W V Eft N p IN N 1N �■ ut co 0 ..�� a O 0 in- tri 01 0 CD a co c 0 O 'AR; t7 CD lII'ev'�+U 1 _ .MI DADE COUNT'S ATTACHMENT B-1(I) INDEMNIFICATION AND INSURANCE REQUIREMENTS Government entity 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 Government entity or its employees, agents, servants, partners principals or subcontractors. Government entity 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. Government entity expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Government entity 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 as herein provided. The Government entity shall furnish to the Miami-Dade County, do the Department of Housing and Community Development, 701 NW 1st 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. Completed Value Builder's Risk Insurance on an "All Risk" basis (when applicable) in an amount not less than one hundred percent (100%) of the insurable value of the building(s) or structure(s) as determined by Miami Dade County. The Policy will show Miami-Dade County as a Loss Payee A.T.I.M.A. 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 Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida, Department of Financial Services 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. NOTE: CERTIFICATE HOLDER MUST READ: MIAMI DADE COUNTY 111 NW 1ST STREET SUITE 2340 MIAMI,FL 33128 ATTACHMENT B-2 Community Development Block Grant(CDBG) Program A. Schedule of Units — For Awardees undertaking the development of for-sale or rental housing, the description of the proposed units to be completed is as follows to be completed by Awardee): (to be Schedule of Units Unit Total Number Total Number Description of Units Set-Aside Square Sales Price/ %of Aside Units Feet Net Rent Amount AN Efficiency/Studio ) 1 Bedroom/1 Bath IIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIE 2 Bedroom/1 Bath IIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIr 2 Bedroom/1.5 Bath IMIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIB 2 Bedroom/2 Bath 3 Bedroom/1 Bath 3 Bedroom/1.5 Bath IIIIMNIIIIIIIIIIIIIIIIMIIIIIIIIIIIIMIIIIIII 3 Bedroom/2 Bath IIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIE 4 Bedroom/2 Bath IMIIIIIIIIIIIIIINIIIIIIIIIIMMIIIII- 4 Bedroom/2:5 Bath 11111111111111111111111.11111111111111111.1 _ Other For Awardees undertaking rental housing, the Awardee agrees with respect 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 descibedrin very t el Schedule of Units, low-income, or 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. 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 extension request is not timely submitted, the funding award shall be automatically forfeited b the Awardee. by 3. The Awardee-shall obtain prior written approval from DHCD before undertaking and all changes to the project, including, but not limited to changes in the any unit sales prices or rents (as applicable), proposed request, unit set-aside, floor plans and amounts to bed contributed towards closing. The Awardee shall send DHCD notice of such changes within thirty(30) days of any 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 received 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 renters 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 aware of the available housing, including, but not limited to the following activities: Submit proof of advertising in The Miami Herald, Diario Las Americas and Miami Times, in an effort to afford all ethnic groups the opportunity housing. The Awardee shall provide proof of other spealomarketing efforts including advertising Multiple Listings Service (MLS) through a licensed real estate professional. 6. The Awardee shall provide DHCD with a complete set of permitted plans, a ro specifications, and permits for each building or unit model, as applicable,upon approval by the appropriate controlling municipality prior to commencing construction. 7. The Awardee shall provide to DHCD for approval contract for the Development, the name of the General rContractor the construction 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 2 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. 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. 9 11. The Awardee agrees to notify DHCD in writing within fourteen (14) days of any ke personnel or location changes in the management company. y 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 covers e ' accordance with ATTACHMENT B-1 of this contract, g �n C. DHCD OBLIGATIONS AND DUTIES 1. DHCD shall manage its own disbursements and act as the disbursement a. en all construction loan funding draws. 9 t for 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 construction loan, all required loan documents have been recorded, and the Awardee has timely submitted funding draw requests and relevant invoices ' prescribed manner_and as satisfactory to DHCD. in the 5. DHCD shall notify the Awardee of any address/location changes to DHCD's co information within forty-five (45)days of its occurrence. ntact D. NATIONAL OBJECTIVE In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee be required to achieve the national objective of Benefit to Low and Mode ate Income Persons or Households (LMI). For activities designed to meet the LMI national objective, the Awardee shall ensure and maintain documentation, acceptable D in its sole discretion that conclusively demonstrates that each activity assisted in whole or in p to DHCD 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 by Household Size (NOTE:Income Limits subject to change annually.) I Person 2 Person 3 Person 4Person S Person i Person Person 23,600 26,950 30,350 33,700 36,400 39,100 41,800 44,500 E - f2 ;:'ji 37,800 43,150 48,600 55,950 58,250 62,600 66,900 71,200 Source: http://www.huduser.org/publications/commdevl/nsp.html The Awardee may achieve the LMI national objective by undertaking activities that fall under one of four (4) primary LMI.cagegories: 1. To benefit Low Mod Area (LMA) For activities designed to meet the LMI national objective category of Low Moderate Area Benefit (LMA), the Awardee shall ensure and maintain documentation, acceptable to 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 must meet the identified needs of LMI persons. A service area is considered to meet the test of being LMI if at least 51% of the persons residing in the service area are low- to moderate-income, as determined by: a. the most recently available decennial Census information, together with the Section 8 income limits that would have applied at the time the income information was collected by the Census Bureau; or b. a current survey of residents of the service area. If the proposed activity's service area is generally the same as a census tract or block group, then the Census data may be used to justify the income characteristics of the area served. 2. To benefit Low Mod Limited Clientele (LMC) For activities designed to meet the LMI national objective category of Low Moderate Limited Clientele (LMC), the Awardee shall ensure and maintain documentation, acceptable to 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 in this category provide benefits to a specific group of persons rather than everyone in an area. It may benefit particular persons without regard to their residence, or it may be 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: 1. 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 ove II.. He/she lives in an area that is part of a.F Federally-designated designated lEmpowerment 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 irrm rovin permanen structures which, upon completion, will be occupied by households.t ldst In order residential 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 ATTACHMENT C QUARTERLY EXPENDITURE AN PROGRESS OGRESS REPG RT•FY 201 '�`� �, `'`r°°� S:D 1'Quarter pan-Marl ❑74(garter r-Jun ro $'00-600440:4910:C*fork.: • jAp j 3 Quarter Ju m j I�Ptl ❑4 Quarter[Oct-Dec j/ ri 17-y 2 c� y _�x s,,,., s;��,��- .�:��� �����° ,r�, � l Annual Repor Recipient Name(Organization): "� ;`" '' ,; f �� 5 'r z ^F s:.._-.._ r Contact Person(Name&Title): Activity Name(Project Title): Telephone Number. Activity Address: Activity Description: Activity ID#: Index Code: Activity Category ❑Administration Funding Source: Funded Amount: $ ❑Capital Improvement ❑Economic Development p 0 Historic Preservation ❑Housin ❑Provide decent affordable housing Housing ❑Public Service Objective: 0 Create suitable living environments Outcome: ❑Availability/Ac cessibili 9 ❑Create economic opportunities Availability/Accessibility ❑Affordability ❑Sustalnabtlity Mack, 1 TR a DEFri :" : F r. CATEGORY APPROVED TOTAL ACTUAL G H- BUDGET EXPENDED EXPENDITURES REIMBURSED CUMULATIVE PROJECTED PROJECTED (rnsouarter) CUMULATIVE CUMULATIVE PERCENTAGE EXPENDITURES CUMULATIVE (Through[through end of this quarter] end of this quarter) IB&DI I Ned Quarter) EXPENDffURE :MIMI Mt Min i. tBy end of Confront Period) Iiim Contractual Operating Costs Commodities �. Capital ti lallikall.11111111111111111111 ___________________ .1________mi TOTAL �' Program Income•The disposition of Program Income n . �t specifically fisted in the approved Program Income budget requires prior written approval from DHCD. 1.Does this activity generate Program Income? 3.1f ywas written approval granted by DHCDt�o use the0program Incotmes,indicate the amount generated this quarter. If yes,yes, a�tiach copy ent approval granted and d y documents.!f no,a written generated from this activity?0 Yes $ Dade County for the of a prov l letter Income related dot be submitted t If quarterly request for approval to use the Program Income No ❑NIA 09 ncome Check Attached?submitted to es No check/ 4 &h'�accordance with the terms of the- , _ �_ _ _ contract■ CtredcAttached? ❑No ❑WA�yable to Miami- Dade � �� ��� �-�' Y 1 ����;.'i � € ,-��---�-�; CJ Yes 1.Activity s: ❑Cancelled ! Ur.2: : ,� ,wW•L i r> , ❑Underway ❑Completed t exempt .D z y, ,, 3.Is this activity still in compliance with the original project schedule? Z Yes Status:❑q=Exem t ` "`' ''`'' Yes P ❑C=Completed ❑0=lnderway - 47�Ol^°. '.;, ..v:a� �,E, � oa s` 4':�.'fre 1, `r .sft' ays•� .��„ i a x o .a i r .ire v�y�? r'mc�-y..,.- irSS a� rc,,�� ou { r . ' ' 'M� �+- 2'�-vs. . "�°.�='�iI .e?,-fir, ,e.r•. Gr P.'2_Yi.n.�. 2 � �i���?E `; - ... e. ..,.� ir-.afr O� ga^ ,Y :;Tr ak , t:2:4 ''a.i 14172;11 a. T 4 E • . WV:;eIII't i'1e1 iAt3 fg Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure&Progress Report 09 po [l-R6/03/11] O '\RTERLY EXPENDITURE AND M.IAM.I-: E: rROGRESS REPORT•FY 2011 COUNT' i't -4$1 f1511�Q� ;I3 Q KK'�fi;J Jdikiiflgr vt$Of U SU tis �L: .w..I f Ae�S- g t.�t„�`,a:,:'_: ,'-:',: 4424-4 .P... _,._Y=C>,�O��Ef73��.:.�?`,'��.,..��.�t�z' `�!� a1I,t4.�pa��,._,_..a.,. ,y�r ., �x.� s _ a7 Q_:` E' """ [ ,_ .'„,, .: `�` - a'..410.. _ 1.113 v ...its -_ty,,.�s_ � s b - - 6---:<`'.`��„ . .�.._c?i s e r_��> ,. .. -_°_,.°.s,��pQ�te; �aa e��e y>r rr. t_ �l o eICdSe ��¢�2�i r e_i -�::�'C ry�.t"�q��R.!!1"-"�`- Iirkit -r ,•af'-c t 11.16: �p E ii.M y, - 2'SYSZVW'. r�.i'• .c"`3,�,A. ti Z' 9'= ��5�� ��c..,.i' S ` ass'ar� n.:'t'Y..'�;Jr�.Sx'����? �e3�����1¢a x13'e" ".ka .��e?�$` �s_.r:�,W*N-7,1,1*:4s.,Y. Accomplishment Type: ❑People[01] ❑Households[04] ❑Businesses[08] ❑Organizations[09] ❑Housing Units[10) ❑Public Facilities[11] ❑Jobs[13] National Objective: ❑Area Wide Benefit[e.g.LMA,LMAFI,LMASA,SBA] -or ❑Direct Benefit[e.g.LMC,LMH,LMJ] lz �sr �g , L 0A Y C TdE du Un 5 i, . v ,- 3�. :sc P.",: �2 � � z .. i `u R . +4r. ,.".�� -a� 14= gip ��-h �` f "�� .0 ' e " r'��'1r: � Housing Units People Households Owner ! Rental Buyer ( Total t� Total I Female Total People Low 1 Mod ! Low!Mod Households Headed Projected Goal��— ; — "— Projected Goal Actual This Quarter* ! --i i —i Actual This Quarter* t I ' I j I Actual Cumulative _i . it �� —�� — Actual Cumulative _L )_ j 'I *Supplemental Form d)Required—Attached Y/N: *Supplemental Form i)Required—Attached Y/N: l (1)Performance&Benefit Data:Housing I� _^— Note:HOME funded projects must submit applicable activity set-up form. (1)Performance&Benefit Data:Public Service&Administration❑-0r (2)Performance&Benefit Data:Capital Improvement&Public Facilities❑-or- (3)Performance&Benefit Data:Housing❑ Note:HOME funded projects must submit applicable activity set-up form. P � '1 �e i x• %'�, �`ort4 A i s°rs.. 7t' .Yf ^r •f :. .�ti $rx s 21 r�,....?�.d��a���+�.;5�°� k��E Res `U13 � 'Ci,� S: �,+ .���"" �'" 'Zr r, —u.�,--'��. � i�-=. 1 Jobs Created 1 I FT Jobs I Low 1 Mod 1{ PT Jobs Low/Mod Total t— Projected Goal I I I i A` eu rl This Quarter* f Actual Cumulative IT 11 II I I l*Supplemental Form tl Required—Performance&Benefit Data:Economic Development—Attached Y/N: PERFORMANCE CERTIFICATION: ❑This certifies that No Accomplishments occurred during this Quarter. Initials NOTE: Submittal of Supplemental Form—Performance&Benefit Data is not required at this time based on the certification that no accomplishments occurred during this quarter. CERTIFICATION This is to certifif that the data and other information provided in this Report is correct,based on official accounting system and records,and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by. Title: Date: Print Name Signature of Certifying Official: Title: Date: r E pfi -. 't.`'. a-r G tZ . :t + v wV 5 3'+ ...:ern r s ''J' ,>° it - - . .... .�-�_..�.�-- � . . a �.• .��.._ ,��-�, ��� Activity IDIS Number. Report U is f❑is not complete • Report ❑is/❑is not accurate • Initial review for completeness and accuracy completed by Name: Date: Name: Date: Contracts Officer Team Leader/supervisor Department of Housing and Economic Development Page 2 of 2 Quarterly Expenditure&Progress Report[IR 61)3111] MIAMI- Performance&Benefit r `1: Capital improvement&Public Facilities COUNTY Supplement to Quarterly"cpenditure and Progress Report • FY 2011 Recipient Name: Activity Name: Activity ID#: ., s--`e o ;7'1-7(2 anota-*,-- _�1 Activity Category; 1st Quarter Jan-Mar ❑ HUD Activity Matrix Code: 2nd Quarter A r-Jun ❑ Accomplishment Type: HUD Matrix Code Description: 3rd Quarter Jul S:�f ❑ 41h Quarter Oct-Dec/Annual Re'art ❑ PROJECT TYPE MEASURES: ACCOMP.LISHMENT,UNITS:COMPLETED: ❑Acquisition/Disposition ❑Structures•❑Parcels _ ❑Clearance 1 Demolition #of Structures ❑Structures•❑Parcels ❑Street Improvements Persons Served•Low&Moderate Income #of Parcels ❑Public Facility/Type: Persons Served•Low&Moderate Income #of Facilities ❑Building/Type: Facilities•Persons Served•Low/Mod Income #of Persons Served #of Low/Mod Income ❑Other Capital Improvement/Type:[indicate belcoarl Persons Served•Low&Moderate Income PERFORMANCE MEASUREMENT&ACCOMPLISHMENT Instructions&Applicability:National Objectives 7 INFORMATION. jectives include LMA,WIC,LMH,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 i ) 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 __________ T e)Now have improved access to this type of public facility or infrastructure improvement f)That are served byy a public facility or infrastructure that is no longer substandard ________ Total g)Homeless persons given ovemight shelter h)Number of beds created in overnight shelter or other emergency housing DIRECT BENEFIT INFORMATION RACE/ETHNIC CATEGORY Instructions:Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total.From The t number depicted in each Racial Category,indicate the numbers that are of Hispanic Ethnicity for this reporting penod and the cu total 4 *- cumulative RACIAL CATEGORIES �- , `=! � r.— `i -" Racial Cat := °1 s' Ethnic Ta t- ones Ethnic Cat .o =th–_- White[11] • Total Number Number His to anic Total Number Number His•anic Black/African American[12] IIIIIIIIIIIIIIIIIIIIIIIII Asian[13] American Indian/Alaskan Native[14] IIIIIIIIIIIIIIIIIIIIIIIII Native Hawaiian/Other Pacific Islander[15] American Indian/Alaskan Native&White[16] Asian&White[17] IIIIIIIIIIIII Black/African American&White[18] -_ American Indian or Alaskan Native&Black/African[19] -■ IIIIIIIIIIIIIIIIIIIMII Other Multi Racial[20] Totals -_ Performance&Benefit Data:Capital Improvement&Public Facilities[LR 613111] Page 1 of 2 Supplement to Quarterly Expenditure&Progress Report Performance& Benefit Data: Capit- 'mprovement&Public Facilities MIAMI-E ADE Supplement to Quarterly Expenditui.and Progress Report■ FY 2011. COUNTY 3 DIRECT BENEFIT INFORMATION[CONTINUED] - DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION RERORT P;ER QeTQTALS ; etIMU,LATTv 1oTA$S;~ REPOR1 I3-ERIf7D TOT 1LS CUMULATIVE TOTALS Income Categories Total Number Total Number Other Categories Total Number Total Number Extremely Low(30%or less) Total#Benefiting Low(31%-50%) from the Activity Moderate(51%-80%) #of Female Non Low/Mod(81%or greater) Headed Totals Households AREA BENEFIT INFORMATION 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: PART 3 :LEVERAGING OF FUNDS[Other Funding sources] $ 1.CDBG Funds $ 5.Other Federal Funds $ 2.HOME Funds $ 6.State/Local Funds $. 3.ESG Funds $ 7.Private Funds $ 4.Section 108 Loan Guarantee $ 8.Other. Name of Funtfing Source $ Total Funds rI��,—..-- •-.•— :� '' — r iL �F� ,fit ice. r_-tc...� r T..._�_ r__.... Report Prepared by: Title: Date: Print Name Signature of Certifying Official: Title: Date: Performance&Benefit Data:Capital Improvement&Public Facilities ILR 6/3111] Page 2 of 2 Supplement to Quarterly Expenditure&Progress Report GENERAL CDBG INTAKE ELIGIBILITY FORM LMI LIMITED CLIENTELE(LMC)/JOBS(LMJ)/HOUSING(LMH) NAME: PHONE: DATE: ADDRESS: ZIP: Head of Household: ❑ Male/❑ Female Race/Ethnicity: Do you consider yourself to be Hispanic?❑ Yes/❑ No Please check the race category which applies to you: ❑ White [] Asian&White ❑ Black or African American [} Black or African American&White ❑ Asian ❑ American Indian or Alaskan Native&White ❑ Native Hawaiian or Pacific Islander ❑ American Indian or Alaskan Native& ❑ American Indian or Alaskan Native ❑ Other Black or African American List Yourself and all Other Persons Occu. in. Home 1. Retationshi. Sex A.e Em to ed es/No 2. Yourself 3. 4.. 5 6. 8. _ y -'-C -_rhr?� -1a..z ^,:7r •,3- -`I`'` ^_;: f ° �- s�d -+'"SY�rt �r.F, �...1 The assistance you receive is determined in part by the size of your household d your income.All income and assets will require verification before. 3 5G' ^nv.A cJ' eligibility will be granted.Income includes all money coming into the household from all persons over 18 years old.Wages,salaries,tips,commissions; Self-employment income;Retirement,Survivor,or Disability pensions;Social Security or Railroad retirement;Supplemental Security Income,Aid to Families with Dependent Children(AFDC),Temporary Assistance to Needy Families(TANF),Food Stamps,or other public assistance,or public welfare programs;Interest,dividends,net rental income,or income from estates or trusts;and any other sources of income received regularly,including Veterans' VA •a ments,unem.lo ment corn.-nsation,alimon ,and child sus eon must be disclosed. Household Member Source of income Gross Month! Amount Received 2. 3. 4. 5. Income Eligibility Acceptable Documentation:Copy of Pay Stubs,Assistance to Needy Families(AFDC)or Temporary Assistance to Needy Families(TANF)Official Printout/letter,Food Stamp Official Printout/letter,Letter confirming amount of unemployment benefits received,proof of child support or alimony,proof of SSA/SSI or Veteran's Benefits,or proof of retirement income. I,the undersigned applicant do hereby authorize - investments•-It is understood that this authorization is granted for the sole u to verify my personal records;including.assist pensions,a and that information acquired in this regard will remain confidential, p m°Se of certifying my eligibility forfederal financial assistance,and that all. BY MY SIGNATURE,I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 AM AWARE THAT IF I MAKE ANY WILLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY,I MAY BE PUNISHED WITH FINES OR IMPRISONMENT OF UP TO 5 YEARS,OR BOTH,UNDER SECTION 1001 OF TITLE 18,UNITED STATES CODE,AND I ALSO MAY BE SUBJECT TO CIVIL AND/OR ADMINISTRATIVE PENALTIES AND SANCTIONS. Signature of Applicant Dafe CDBG INCOME ELIGIBILITY 24 CFR 570.208 Activity classified under family size and income 24 CFR 570.208(a)(2)(i)(B) 24 CFR 570.506(b)(3)(iii) Activity is classified based on income eligibility 24 CFR 570.208(a)(2)(i)(C) 24 CFR 570.506(b)(3)(iii) requirements that restrict it exclusively to low-and moderate-income persons DEFINITIONS 124 CFR 570.3. • Family means all persons-living in the same household who are related.by birth,marriage'or adoption. Household means all the- rsons who occu p =a'housing;unit The occu ants:ma be a single one �ersonlivin :alone; .. Pei. - PY P Y , 9-. .- Y. -p 9 : two;or-more families:living�togettrer;or any ether grou sofrelated or unrelated persons-who:share:living arrangements: . Income._-t=or-ttae purpose_of_determining_whether a°family or household is-Iow:and moderate-income.Under su bearl G.of its part;:grantees:may-select any of the three definitions listed-below for each:activity,.except that mtegrally=relat Activities of the .1 .same type.and•qualifying-,under:the same:paragraph of 571}:208(a)`shall-use the sat e-defi aifon of income The option_to Choose a:definition:does not-apply to act vities that qualify.under 570 208{a)(1}.(Area benefit actrvttties);;except.wrecipient carries I out a-survey.under 570:208(a)(1)(vi):Activities:qualifying•under 570.208(a)(1):generally Must use-.the area income data supplied 1 _. • to recipients by Ht1D.T#ie i#ree:.defiritignsi3re as follows: - �. -- `•- a Annual.income as defiried:under the Section 8:H-lousing Assistance Payments-tprtgram:at;24 tOatia106texceptthatif 1 - the CDBG assistance.being provided IS homeowner rehabititation`under 570202;,the.value:of he homeowner's primary residence.maybe.excluded:from an.y,calculation of Vet Famil y.Assets or • 1 I.Estimate the:annual a family or household by:projecting.the-prevailing_rate`of income of each person at the time • assistance is:-providedtorthe individual,.family;or household(as applicable) Estimated annual income shall.include interne froar all family or household-members,asapplcable:Income or asset 1 enhancement derived:from,the CbBG-assisted:activity shall-not be cbnsiidered in.calculating.estmated_aninual income. '._ Low=.and moderate income household means:a-household:having an interne equal to.or.less"then the Section:8low-income limitestatilished by HUD. I Low-and moderate-income-:person means a member of a-family having.an income:equal to of less than theSection Blow- } income.limit established:by:HUD.Unrelated individuals"will he considered as one-person:families:for:lhiis purpose.-. . Low income tanusehoid.means:a household having an income equal to or less than the-Section:8'verylow income:limit established by:Ii:IJD. _ Low=income:person means a member of a family that has.an income:equal to orless-than-the Section 8 very low-income limit established biy HDD:.Unrelated individuals shall be:considered as one-person familiesfor this.purp'o'se. INSTRUCTIONS FOR IMPLEMENTING AGENCY You must first seek third party verification.This is a verification.that is received directly from the source of income.The request can be by mail,fax, or email. It must be clearly evidenced that it was received from 3 the source. • • Back Page CDBG Income Eligibility Form • ATTACHMENT D MIAMI-DADE DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT(DHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental foster the implementation of environmentally compatible activities. As a grant or loan recipient, is t, Miami-Dade County will not fund projects that will negatively impact clients, n recipient, the environment. P nts, communities, or Part I. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: ❑ CDBG HOMELESS (SRO/SHP) 0 HOME ❑ HOPE VI NSP ❑ ❑ EDI ❑ BEDI EZ ❑ 2. Indicate Fiscal Year: FY 20 3. Name of Subrecipient/Agency: 4. Name of Proposed Activity: 5. Location Address with Ci , ST and Zi• of Activi or Pro'ect: 6. Site Folio Number s : 7. Commission District(s): 8. Direct Contact information of loan/I rant redolent: Name: Address: Ci : State: Phone: Zi Fax: Form Revised 11/09 9. Detailed description of activity or project: 10. What is the purpose of the activity or project? For example, Public Service,Economic Development, Historic Preservation,Capital Improvement, Housing,etc. 11. What is the status of activity or project? For example, Pre-Development Phase, Rehab/Construction Underway, Rehab/Construction Completed,etc. Part II. PROJECT OUTCOME Will the activity or 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 improvements 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). 2 Part III. SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and proposed land use: • Existing? • Proposed? 2. Site Plan: Does the proposed activity include a new structure(s) or site improvements on a site of one tile oacre o YES ❑ NO If es a site 'Ian must be 'rovided. Pro'ect s will not be environmental! reviewed without a site plan. 3. Photographs: _ Does the activity include new construction, renovation orrehabilitation? ❑ 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 ❑ N0 3 • If yes,what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? In addition,indicate if the estimated value of the improvement represents: [] 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO. If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years;.researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management(DERM), Florida Department of Environmental Protection(FDEP) and U.S. - Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? ❑ YES ❑ NO 6. Environmental Health Information: • If a residential site,and the activity includes or involves rehabilitation,has it been inspected for defective paint surfaces? ❑ YES ❑ NO If yes,please submit the results. • Have any child under the age of seven at the site been tested for elevated levels of lead in the body? ❑ YES ❑ NO If yes,please submit the results. 4 7. Other Site Information: 1. Flood insurance re,wired? YES NO 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 dis I osal facili . 6. Stora e e of hazardous materials on site? • 7. Abandoned structures on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. • 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of an adjacent historic properties that may be affected by your activity. p any 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 1'Court-14th Floor Miami,Florida 33136 5 TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: • Type of Activity EXEMPT* CENST** CEST*** EA**** Economic Development New Construction X Rehab. X' X2 Non-Construction/Expansion X Housing Single Family Rehab X Multi-Family Rehab Xl X2 New Construction X Homeownership Assistance X Affordable Housing Pre-Dev. X `Capital Improvement Handicapped Access X Public Facilities X2 Infrastructure X1 X2 - Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice/No Publish Notice/No Notice/No RROF(No Statutory . FONSI and • RROF RROF Requirement Triggered) NOI/RROF Or Publish NOI RROF (Statutory Requirement Triggered) • Estimated Time Frame(Excluding 30-45 Days 30-45 Days . 45-90 Days 90 Days Triggered Statutes) Minimum Xl If for continued use and change in density(or size)of less than 20% X2 Change in density(or size)of more.than 20% * Exempt Exempt Activities ** CENST Categorically Excluded and Not Subject to 58.5 *** CEST Categorically Excluded Subject to 58.5 EA Environmental Assessment(Format II) 6 M • • • CUUNf Wit.. .. .... .. .... ATTACHMENT E AFFIDAVITS Miami-Dade.County Affidavits The contracting individual or entity (government or otherwise)shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. • Read carefully each affidavit to determine whether or not it pertains to this contract. I, , being first duly sworn state; Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami-Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number(If none,Social Security) Name of Entity,Individual(s),Partners,or Corporation Doing Business As(If same as above,leave blank) Street Address City State Zip Code I.-MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT(Sec.2-8.1 of the County Code) 1.- If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly-traded corporations or to contracts with the United States or any department or names and addresses are (Post Offices addresses are not acceptable): Full Legal Name Address Ownership % % % 1 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 2.- The full legal names and business address of any other individual (other than subcontractors, material men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3.- Any person who willfully fails to disclose the information required herein, or who knowingly discloses false.information in this regard, shall.be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty(60) days or both. II.-MIAMI-DADE COUNTY EMPLOYMENT.DISCLOSURE AFFIDAVIT(County Ordinance No. 90-133) Amending Sec.2.8-1; Subsection (d)(2)of the.County Code. Except where precluded by Federal or State laws or regulations, each contract or business transaction or renewal thereof, which involves the expenditure of ten thousand dollar ($10,000) or more, shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United 'States or any department or agency thereof, the State, any political subdivision, agency, or any municipality of the State. 1. Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. White: Males Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: Males Females Aluet(Eskimo): Males. Females Mates Females Males Females III.- AFFIRMATIVE ACTION/NON-DISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinances 98-30 codified at 2-8.1.5 of the County Code) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as condition receiving a County contract, have .1) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and 2) a written procurement policy which sets forth the procedures the entity utilizes to assure that it'does not discriminate against minority and women-owned businesses in its own procurement of goods, supplies and services. Such affirmatives action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate.in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representatives of the population make-up of the nation shall be presumed to have non- discriminatory employment and procurement policies and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 2 Microsoft Word/Affidavits 2006/Revised/mdm-01-042006 • The requirements.of County Ordinance No. 98-30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. • The firm does not have annual gross revenues in excess of$5,000,000 The firm does have annual revenues in excess of$5,000,000; however, its Board of Directors is representative of the population make-up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race of ethnicity of each board.member, to the County's Department of Business Development, 175 NW 1st Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of$5,000,000 and the firm does have a written affirmative action plan and procurement policy, as described above, which includes periodic review to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development, 175.NW 1st Avenue, 28th Floor, Miami, Florida 33128. • The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. IV.-MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT(Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from.the County: has has not of the date of this affidavit been convicted of a.felony during the past ten (10) years. V.-MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT(County Ordinance No. 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall, inform the employee about: 1. Danger of drug abuse in the workplace. 2. The firm's policy of maintaining a drug-free environment at all workplaces 3. Availability of drug counseling, rehabilitation and employee assistance programs 4. Penalties that.may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance. with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the'operation of the County or for the health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding which is provided in whole or in part by the United States of the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those government entities. • 3 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 • VI.-MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT(County Ordinances No. 142-91 codified as Section 11A-29 ET.Seq.of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an employer with fifty 00) or more employees working in Dade County for each working day during each of twenty(20) or more calendar workweeks, shall provide the following information in compliance with all items in the aforementioned ordinance: • An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period,for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close•relative who has serious health condition,without risk of termination or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VII.- DISABILITY NON-DISCRIMINATION AFFIDAVIT(County Resolution R-385-95) That the above names, firm, corporation or organization is in compliance with and agrees to continue to comply with and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment provisions of programs and services, transportation, communications, access to facilities, renovations, and new construction in the-following laws: 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. Section 1612;.The Fair Housing. Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States Or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. _ VIII:CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business With the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan documents with the County or any of its agencies or instrumentalities. 4 Microsoft Word/Affidavits 2006/Revised/mdm-01-042006 I 1[ �tXq � -r �'k i X.-DOMESTIC VIOLENCE LEAVE. (Resolution 185-00; 99-5 Codified at 11A-60 ET. Se .of th Miami-Dade County Code) q the The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance 99-5; codified at 11A-60 ET.. Seq. e Ordinance, eq. of the Miami-Dade County Code, which requires an employer which has in the regular course of business fifty (50)County for each working day during each of twenty (20) 0o or cale dar work weeks in hi current or proceeding calendar years,to provide Domestic Violence Leave to its employees. the I have carefully read this entire five (5) pages have:indicated by an "X° all affidavits that pertain to his contract and have indicated Affidavits and affidavits that do not pertain to this contract. by an "N/A" all By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO(or affirmed) before me this fday of 20 by . He/She is personally known- to me or has presented (Type of Identification) as identification. (Signature of Notary) (Serial Number) (Print of Stamp of Notary) (Expiration Date) Notary Public-State of (State) • 5 Microsoft Word/Affidavits 2006/Revised/mdm-01-042006 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1.- This form statement is submitted to by (Print individuars name and title) for (Print name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number(FEIN) is . If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement. 2.- I understand that a"public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to, and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state-or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the.United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3.- I understand that "convicted" or "conviction"- as defined in Paragraph 287.133 (1)(b), Florida. Statutes, means a finding of guilt or a conviction of a public entity crime, .with or without an adjudication of guilt, in a federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4.- 1 understand that an"Affiliate" as defined in paragraph 287.133 (1)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima fade case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 moths shall be considered an affiliate. 6 Microsoft Word/Affidavits 2006/Revised/mdm-01-042006 5.- I understand that a "person" as defined in paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power.to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6.-Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) Neither the entity submitting sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees,_members,- or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had.been charged with, and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). • I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR T O ENTRING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE'INFORMATION CONTAINED IN THIS FORM. (Signature) • Sworn to and subscribed before me this day of 20 Personally known Or produced identification Notary Public-State of • My commission expires (Type of identification) (Printed, typed or stamped commissioned name of notary public) 7 Microsoft Word/Afridavits 2006/Revised/mdm-01-042006 AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST 1.-Do you have any past due financial obligations with Miami-Dade County? YES NO Single Family House Loans Multi-Family Housing Rehab ------ CDBG Commercial Loan Project U.S.HUD Section 108 Loan Other HUD Funded Programs Other(liens,fines, loans,occupational licenses, etc.) If YES,please explain: 2.-Do you have any past due financial obligations with Miami-Dade County? YES NO If YES, please explain: 3.-Are you a relative of or do you have any business or financial interests with any elected Miami-Dade County official,Miami-Dade County Employee,or Member of Miami-Dade County's Advisory Boards? YES NO If YES, please explain: Any false information provided on this affidavit will be.reason for rejection and disqualification of your project- funding request to Miami-Dade County The answers to the foregoing questions are correctly stated to the best of my knowledge and belief. By: (Date) (Signature of Applicant) SUBSCRIBED AND SWORN TO(or affirmed)before me this day of 20 By He/She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public-Stamp of Notary Seal (State) 8 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES, FEES AND PARKING TICKETS HAVE BEEN PAID (Section 2-8.1 (c)of the Code of Miami-Dade County,as amended by Ordinance No.00-30) and THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY (Section 2-8.1 (h)of the Code of Miami-Dade County,as amended by Ordinance No.00-67) I, that the foregoing statements are true and correct: T being first duly sworn, hereby state and certify • 1. That I am the Developer (if the Developer is an individual), or the the title of the position held with the Developer)of the Developer. (fill in 2. That the Developer has paid all delinquent and currently due fees or taxes (including but not limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in the normal course by the Miami-Dade County Tax Collector, and County issued parking tickets for vehicles registered in the name of the above developer,have been paid. 3. That the Developer is not in arrears in excess of the enforcement threshold under any contract, final non-appeasable judgment; or lien with Miami-Dade County, or any of its agencies or instrumentalities, including the Public Health Trust, either directly or indirectly through a firm, corporation, partnership or joint venture in Which the Developer has a controlling financial interest. For purposes hereof, the term "enforcement threshold" means any arrearage under any individual contract, non-appeal able judgment, or lien with'Miami- Dade County that exceeds $25,000 and has been delinquent for greater than 180 days. For purposes hereof, the term "controlling financial interest" means ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation, or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity. By: Signature of Affiant , 20 Date Printed Name of Affiant and Title _/ / / Federal Employer Identfication Number Printed Name of Firm • Address of Firm SCRIBED AND SWORN TO (or affirmed) before me this day of . , 20 By . He/She is personally known to me or has presented as identification. Type of Identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public—State of Notary Seal 9 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 CODE OF BUSINESS ETHICS In accordance with Section 2-8.1 (i) of the Miami-Dade County Code, each person or entity that seeks to do business with the County shall adopt a Code of Business Ethic ("Code/ and shall, prior to execution of any contract between the developer and the County, submit an affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2-8.1 (i) of the Miami- Dade County Code. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. The Code of Business Ethics shall apply to all business that the developer does with the County and shall, at a minimum, require that the developer: • Comply with all applicable governmental rules and regulations including, among others, the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims Ordinance. • Comply with all applicable rules and regulations regarding Disadvantaged Business Enterprises, Black Business Enterprises, Hispanic Business Enterprises and Women Business Enterprises (hereinafter collectively Minority Business Enterprises, "MBEs") and Community Small Business Enterprises (CSBEs) and shall specifically prohibit the following practices: ➢ Pass-through Requirements. The Code shall prohibit pass-through whereby the prime fire requires that the MBE or CSBE firm accept payments as a MBE or CDBE and pass through those payments or a:portion of those payments to another entity including, but not limited to the owner/operator of the prime firm. ➢ Rental Space; Equipment or Flat Overhead Fee Requirements. The Code shall prohibit rental space requirements, equipment requirements,_and/or flat overhead fee requirements, whereby the prime firm requires the MBE or CSBE firm to rent space or equipment from the prime firm or changes a flat overhead fee for the use of space, equipment, secretary, etc. ➢ Staffing Requirements. The Code shall prohibit the prime firm from mandating, as a condition to inclusion in the project, that a.MBE or CSBE hire, fire, or promote certain individuals not employed by the prime firm, or utilize staff employed or previously employed by the prime firm. ➢ MBE or CSBE Staff Utilization. The Code shall prohibit the prime firm from requiring the MBE or CSBE firm to provide more staff than is necessary and then utilizing the MBE or CSBE staff for other work to be performed by the prime firm. ➢ Fraudulently Creating, Operating or Representing .MBE or CSBE. The Code shall prohibit a prime firm including, but not limited to, the owner/operators thereof from fraudulently creating, operating or representing an entity as a MBE or CSBE for purposes of qualifying for certification as a MBE or CSBE. • 10 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 • The Code shall also require that on any contract where MBE o purported, the contract shall specify essential terms including, but not l' statement regarding the percent of participation planned or CSBE participation is payments and when the work is to be performed. for MBEs or CSBEs, the timing or • limited to; a specific The failure of a developer to comply with the Code of Business contract between the contractor and the County voidable, and subject from future County work pursuant to Section 10-38(h)(2) Ethics shall render any shall be authorized y work to rk investigate any alleged violation by a The Inspector to or Gen eal ( )(2) of the Code. The Inspector General Ethics. y developer of the Code of Business By Signature of Affiant Date. Printed Name and Title of Affiant Federal Employer Identification Number Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (of affirmed) before me this by day of 20 . . He/She is personally known to me or has presented Type of ldenfification as identification. Signature of Notary Serial Number Print of Stamped Name of Notary Expiration Date Notary Public State of Notary Seal 11 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2008 • CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants,Loans and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds.have been paid or will be paid to any person for influencing or attempting.to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract; grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions: 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants; loans, and cooperative agreement in excess of$100,000)_ and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any.person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: (Signature of Authorized Representative) Print: (Print Name of Firm and Authorized Representative) Title: Date: COLLUSION AFFIDAVIT (Code of Miami-Dade County Section 2-8.1.1 and 10-33.1)(Ordinance No. 08-113) BEFORE ME,A NOTARY PUBLIC, personally appeared duly sworn states: are who being (insert name of affront) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of this contract. I state that the bidder of this contract: -❑ is not,related to any of the other parties bidding in the competitive solicitation, and that the contractor's proposal is genuine and not sham or.collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not,directly or-indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person;firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. OR ❑ is related to the following parties who bid in the solicitation which are identified and listed below: Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption-is rebutted by presentation of evidence as to the extent of ownership, control and management of such related-parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers; and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the Principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall be rejected. Sy: Signature of Affiant 20 • Date • Printed Name of Affiant and Title / . / / / / / / / Federal Employer Identification Number Printed Name of Firm Address of Firm BID PACKAGE ADDENDUM Revised 4/12/99 SUBSCRIBED AND SWORN TO(or affirmed)before me this day of , 20 He/She is personally known to me or has presented as identification. Type of identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary.Public—State of • Notary Seal B1D PACKAGE ADDENDUM Revised 4112199 Agency's letterhead SA�IIP L� AGENCY NAME �ISCL�SURE AAOUT RELATED PARTIES DATE . THERE.ARE NO BOARD MEMBERS OF THE WHO HAVE ANY RELATIONSHIP OR HAVE AGENCY NAME AVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT NAME) WITH (AGENCY OPERATIONS. LIVING WAGE REQUIREMENT(Miami-Dade County Ordinance 99-44) Effective November 11, 1999 the provisions of Miami-Dade County Ordinance 99-44 and Section 2-8.9 of the Code of Miami-Dade County shall apply to all service contracts involving the expenditure of over$100,000 per year for"Covered Services". "Covered Services" are the type of services purchased by the.County that are subject to the requirements of the Living Wage Ordinance which are one of the following: (1) County Service Contracts (i) food preparation and/or distribution (ii) security services (iii) routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing and recycling (iv) clerical or other non-supervisory office work,whether temporary or permanent (v) transportation and parking services,including airport and seaport services (vi) printing and reproduction services (vii) landscaping, lawn and/or agricultural services In accordance with Miami-Dade County Ordinance 99-44, all Service Contractors entering into a contract with Miami-Dade County to provide Covered Services as described above shall pay to all of its employees providing such Covered Services to the County a Living Wage of no less than $8.56 per hour plus Health Insurance as described in the aforementioned ordinance, or $9.81 per hour without Health Insurance. Such Health Benefits shall consist of payment of at least $1.25 per hour towards the provision of health care benefits for employees and their dependents. Proof of the-provision of Health Insurance must be submitted to the County to qualify for the wage rate for employees with health benefits; The Service Contractor shall also agree to produce all documents and records relating to payroll and compliance with this Ordinance prior to award of a contract as a result of this solicitation upon request by the County. If records reflect that the Service Contractor is in violation of this Ordinance, the County has the right to sanction the Service Contractor to include but not limited to termination, fine and suspension. This Ordinance encompasses various responsibilities that must be accomplished by the successful proposer such as record keeping, posting and reporting. Upon the award of this contract, the successful proposer must be prepared to comply with these requirements as outlined in Ordinance 99-44. 5/01 1 of FORM A-11 MIAMI-DADE COUNTY, FLORIDA MIAMI_DADE COUNTY LIVING WAGE 99-44.and Section 2-8.9 of the Miami-Dade County Code) Solicitation No.: Title: certify that in compliance with being fast duly sworn hereby state and County that in,compliance by plia accepting Miami-Dade County Ordinance 99-44 required by p g award of this contract, the bidder or rogSection 2to.9 of the Miami-Dade Y Miami-Dade County Ordinance 99-44 to all employees assigned r proposer further enders �'� to pay the living wage proposer understands that the current living wage applied to contract this contract as described in the ordinance,or$9.81 per hour without health benefits.t $8..56 per hour plus bidder health By: Signature of Affiant Date 2O Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO(or affirmed)before me this by day of 20 Affiant . He/She is personally known to me or has presented Type of Identification identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary public—State of Notary Seal Rev. 1/20/00 2 oft ATTACHMENT F County. E action Quantity required I• 11; xl •(Only areas ci cled are�aubj t to. n, ) Permanent signs tl I p at or CI, awsion. • •Ca o , lY t:. . ..:hatne'Signs ; C] �: ms:-i Side I or p:k _.came:2 Sided: . .. lieA$r en�t . • iar , * :,. • • .X3.1 t:}`E .4:n s R-':!A .., s :;c <;`• ;r,* ::Telep o e:: �:�- r: • • .‘. ::,..,. -..to.d. : ...0:. . . . r .. . . .: Pi'oject.:1ta . ... . . g • • Naar stir f. - _ •h .'1µ 4 .. ._ , 1� S: • :<�t . r _ ,' .0 istr!ict Cq issloner •• ::. - .... ... .� . <_ Otl.er�i '':til 1Qgos (Max;3' � . • ' wy 7 r '}Y' •� i . - .. .. y Check i Winded' .C1 des ❑ No `WW* .. sor call-34-1': 741 to— �tti :` .PIP*.*: • , • ..\.1464 * ../.. • • • S''AIKP"L .:P RACE i1t'[ - Si> ea ca on pddeess &73-09` si' i 4` Pius s 0ifkk i tan of.:sign:;placement This:FoT to tie Faxed to: 30547.5-1--1,25: . # e tiOnt IVt chae u . at 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: I hereby certify that the foregoing information is true, correct and complete. Signature of Authorized Representative: • Title: Date: Firm Name: Fed. ID No: • Address: City: State: Zip Code: Telephone: ( ) Fax: ( ) 12 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 ATTACHMENT H SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) Firm Name of Prime Contractor/Developer 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 County. I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge true and accurate. Signature Developer(s) Print Name Print Title Date Authorized Representative (Duplicate if additional space is needed) 13 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 Sponsored by: City Manager Resolution No. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)AWARD,IN THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) FOR THE REHABILITATION OF LIFT STATION 11A PROJECT FOR THE CONTRACT PERIOD OF JANUARY 1, 2011 THROUGH DECEMBER 31, 2012, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE REMAINING PROJECT COST TO BE PAID BY THE CITY, PAYABLE FROM ACCOUNT NO, 35-535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, per Resolution No. 10-8170 the City Manager was authorized to submit an application for the CDBG grant; and WHEREAS,the Miami-Dade County Board of County Commissioners approved the award recommendation for Lift Station 11A Rehabilitation project on March 1,2011 per Resolution#R- 179-11; and WHEREAS,the CDBG grant is a partial funding,with the remaining project cost for Pump Station I IA to be paid by the City, payable from Account No. 35-535630; and WHEREAS,The City Commission of the City of Opa-locka desires that the City Manager accept and execute the necessary agreement for the CDBG award. 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. Resolution No Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to accept the Miami-Dade County Department of Housing and Community Development Block Grant (CDBG) award, in the amount of Two Hundred Thousand Dollars ($200,000.00) for the rehabilitation of Lift Station 1 1 A project for the contract period beginning January 1, 2011 through December 31, 2012, in a form acceptable to the City Attorney, with the remaining cost to be paid by the City,payable from Account No. 35-535630. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2011. MYRA TAYLOR MAYOR Attest to: Deborah S. Irby City Clerk Approved as to form and legal sufficiency: ��. ,l A ta ,L . . . ..J Jo. •ph S. Geller CI' Attorney Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Miller: Commissioner Tydus: Vice-Mayor Johnson: Mayor Taylor: O0,-LOCk4 p Tc Ui I. :' 1 1 Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Doroth , ohnson Commissioner Ti II c i y Holmes Commissioner ose Tydus Commissioner - Gail Miller FROM: Bryan K. Finn I 1 erim City Manager DATE: July 13, 1 1/ RE: Aut 1 1 riz, !'on t :ccept the HCD-CDBG grant award for Lift Station 11A A P g Request: A RES P ', ( F THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AU , 0 ' Z G THE CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY HO II ■ AND COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AWARD, IN THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) FOR THE REHABILITATION OF LIFT STATION 11A PROJECT FOR THE CONTRACT PERIOD OF JANUARY 1, 2011 TO DECEMBER 31, 2012, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. Description: An application was submitted to Miami Dade County Housing and Community Development requesting $200,000.00 in gap funding for Lift Station #11A Rehabilitation Project. The Miami Dade County Board of County Commissioners approved the award recommendation on March 1, 2011 through Resolution#R-179-11. Financial Impact: The project was budgeted in The CDBG grant is a partial funding for the project. The remaining project cost will have to be covered by the City—Account# 35-535630. Implementation Time Line: Immediately. Legislative History: Resolution No. 10-8170 authorizing the City Manager to submit the application. 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 executing the contract, the city can begin the construction phase. Analysis: The Lift Station 11A Rehabilitation Project will facilitate the compliance with the Miami Dade County wastewater regulations. Attachment(s): Copies of the Miami Dade County Contract and Resolutions. END OF MEMORANDUM Housing and Community Development 701 N.W.1st Court, 14th Floor M1AM1•DAD Miami,Florida 33136 COUNTY T 786-469-2100 F 786-469-2236 miamidadegov - J I �t.' tom. ! i ..U April 7, 2011 Mr. Clarance Patterson City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054-3521 • Activity Title: Lift Station 11A Rehabilitation Project Category: Public Facilities/Capital Improvements Source: CDBG Approved Amount: $200,000 Re: FY 2011 Award Letter Dear Mr. Patterson: On March 3, 2011, the Board of County Commissioners (BCC) approved the FY 2011 Action Plan funding allocations for the FY 2011 Community Development Block Grant (CDBG), the HOME Investment Partnerships (HOME), the Emergency Shelter Grant (ESG), and the State Housing Initiative Partnerships (SHIP) Programs. This action by the BCC was the culmination of the FY 2011 Consolidated Request for Applications (RFA) process, which began on November 8, 2010, and was coordinated by the Department of Housing and Community Development (DHCD). Please be advised that the United States Congress has not acted on the FY 2011 budget Congress may reduce CDBG funding intended for the above referenced federal programs, which may impact your FY 2011 allocation. Additionally,while the BCC approved the Action Plan on March 3, 2011, DHCD cannot allocate any funds until the Action Plan is approved by the United States Department of Housing and Urban Development(U.S. HUD). In an effort to initiate the contract preparation and execution process, please fill out and return the following documents (see enclosed samples) by Tuesday, April 18, 2011. • Detailed and summary budgets as per format provided; • Scope of services as per format provided; • Environmental Review (ER) form with attachments. In addition, funded agencies are required to attend our Contract Development Technical Assistance workshop as follows: • Tuesday, April 19, 2011 from 1:00 p.m. to 5:00 p.m. at the Stephen P. Clark Center, 111 NW 1't Street, 18th Floor, Miami, Florida 33128 Mr. Clarence Patterson City Manager City of Opa-locka April 7, 2011 Page 2 The purpose of the workshop is to provide technical assistance to agencies regarding the contract development process. The workshop will focus on the federal requirements, the execution of the required documents, and the preparation of scopes of services and budgets. Your participation will ensure not only the expeditious development of your contract(s), but also the implementation and the completion of your activities within the required time frames. Please contact Cordella Ingram, Project Manager Supervisor, at (786) 469-2165, if you have any questions. Sincerely, Rowena Crawford' Assistant Director RC:ci:ed Enclosures c: Clarence Brown, Director, Community and Economic Development Division, DHCD Colleen Brown, Manager, Project Management, DHCD Rickert Glasgow, Manager, Community Planning and Outreach Division, DHCD Cordella Ingram, Supervisor, Project Management, DHCD OFFICIAL FILE CC CLERK OF THE BOARD OF COUNTY COMMISSIONERS NIIAMI DADE COUNTY,FLORIDA Memorandum MInN. Date: March 1, 2011 To: Honorable Chairman Joe A. Martinez Agenda Item No. 5(B) and Members, Board J County Commissioners Resolution Number: R-179-11 From: George M. Burgess ,� �•r. County Manager Subject: FY 2008-2012 Consolidated Plan a FY 2011 Action Plan Funding Recommendations RECOMMENDATION It is recommended that the Board of County Commissioners (BCC) approve the FY 2011 Action Plan and the FY 2011 funding recommendations, as identified in Exhibit 1, for the Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Shelter Grant (ESG), and State Housing Initiatives Partnership (SHIP)grants, which includes the requested amount and the funding recommendations for each entity. It is also recommended that the BCC authorize the County Mayor or Mayor's designee to submit the FY 2011 Action Plan to the United States Department of Housing and Urban Development(US HUD)by March 31,2011; and to execute all contracts, agreements,and amendments necessary to implement the FY 2011 Action Plan,with an effective date of January 1, 2011 for CDBG, HOME, ESG and SHIP activities. The FY 2011 Action Plan does not include Documentary Stamp Surtax(Surtax)funding. SCOPE Exhibit 1 includes the proposed funding recommendations under the FY 2011 Action Plan and the Commission District location which the recommended agencies propose to serve. PURPOSE OF THE CONSOLIDATED PLANNING PROCESS Miami-Dade County is required to submit a Consolidated Plan to US HUD in accordance with the Consolidated Submissions for Community Planning and Development programs (24 CFR Parts 91.1 through 91.600). The Department of Housing and Community Development(DHCD), which is Miami-Dade County's lead agency for the coordination of the Consolidated Plan, adheres to the rule requiring a single consolidated submission for the planning and application aspects of the federal CDBG, HOME, and ESG programs. An annual Action Plan has to be created for each of the five calendar years included in the 2008-12 Consolidated Plan. The Action Plan document describes federal and other non-federal resources available to fund priority activities that demonstrate the capacity to achieve the US HUD National Objective. US HUD uses National Objective to assess whether a funded activity has achieved the purpose for which the funding was provided. Additionally, the Action Plan lists the activities to be undertaken, the National Objective,the geographic distribution of activities, homeless and special needs activities, and other actions taken to address the goals and objectives of the Consolidated Plan. In addition,the Action Plan is updated on an ongoing basis as funds are reprogrammed throughout the program year. CHALLENGES OF THE 2011 ACTION PLAN The changing environment for CDBG entitlement communities demands a more rigorous examination of our approach to funding those agencies that perform services in our communities. Clearly, performance, both timely and within regulations, must be the benchmark since this has a direct impact on Miami-Dade County's ability to meet its US HUD mandated expenditure ratio requirement and the National Objective. One of the primary challenges faced by Miami-Dade County in past years has been the need to comply with US HUD's CDBG expenditure ratio. Under the provisions of CDBG regulation 24 CFR 570.902, a timeliness test is conducted annually, 60 days prior to the end of the program year. A grantee is considered timely if the balance in the line of credit does not exceed 1.5 times the annual grant. On Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 2 October 29, 2010, the line of credit balance for Miami-Dade County had a ratio of 1.45. US HUD's measurement date for the expenditure ratio of Miami-Dade County is November 2nd of each year. Under this Action Plan, strong consideration was given to funding agencies at a level that would allow them to meet performance objectives and expend funds in a timely manner. Staff continues to strongly encourage agencies to seek supplemental funding to leverage the grant award received through the County's CDBG, HOME, ESG, and SHIP request for application(RFA)process. Another challenge faced by Miami-Dade County is the ability to appropriately document that the National Objective has been met as required by US HUD. To improve the oversight and administration of the CDBG program,staff has implemented the following steps: • Revised the progress report checklist to better capture data required by US HUD and enhanced the monitoring tools and review process; • Provide a higher level of technical assistance to agencies regarding the proper documentation needed to demonstrate achievement of the national objectives and performance goals; • Suspend payments to agencies that do not comply with reporting requirements or are non- performers; • Provide ongoing training to DHCD staff on US HUD rules and regulations, data collection, reporting and monitoring practices;and • Ensures that only eligible activities are considered for funding and that the receiving agencies have the capacity to meet the national objectives and performance goals. FY 2011 CONSOLIDATED PLANNING PROCESS POLICIES On November 4, 2010, the BCC approved the FY 2011 Consolidated Planning Process Policies, through Resolution R-1083-10. The intent of the new policies is to streamline the FY 2011 Consolidated RFA process and ensure that the County enters into viable, results oriented contracts. The policies are also intended to encourage increased investment in the County's Neighborhood Revitalization Strategy Areas (NRSAs), increased involvement of the NRSA Community Advisory Committees (CACs) in the RFA review and approval processes, and to facilitate adherence to the CDBG 1.5 expenditure ratio. The FY 2011 Action Plan was developed with extensive consultation and participation from the CACs, community residents, and both the public and private sectors. This plan reflects the input gathered from neighborhood meetings, community-based organizations (CBOs), community development corporations (CDCs), municipalities, and County departments. The key policy changes approved through the FY 2011 Policy Paper include: 1) Eliminating the $100,000 to the CACs and allocating $3.472 million(20 percent)of the CDBG funds for projects in the NRSAs 2) Allocating $1.736 million(10 percent)of CDBG funds for the Economic Development category 3) Allocating $1.736 million (10 percent) of CDBG funds for Public Facilities/Capital Improvements category FY 2011 FUNDING SOURCES Consistent with the past several years, the FY 2011 Action Plan process continues to include the federally funded CDBG, HOME and ESG programs. By including all these funding sources in one document, DHCD adhered to a "true" consolidated RFA process for all of the related programs. Close coordination of these programs and resources continues to be essential to prevent duplication of funding or funding in excess of the needs of an activity. The following table summarizes the various funding sources: Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 3 Table 1: FY 2011 Funding Sources Community Development Block Grant(CDBG) 17,360,000 Home Investment Partnerships(HOME) 6,679,000 Emergency Shelter Grant(ESG) 750,000 State Housing Initiatives Partnership(SHIP) 500,000 Total All Sources $25,289,000 CITIZEN PARTICIPATION REQUIREMENTS US HUD regulations require the County to hold a minimum of two public hearings at different stages of the Planning Process. The first public hearing requires input from citizens on housing and community development needs. On September 15, 2010,the first required public hearing was held before the Housing and Community Development (HCD) Committee of the BCC to obtain public input on the FY 2011 Consolidated Planning Policies that formed the basis for the FY 2011 Action Plan recommendations. The second public hearing, which is intended to obtain public comments on the FY 2011 Action Plan funding recommendations, is scheduled for the date when the proposed 2011 Action Plan is considered by the full Board. US HUD requires that the FY 2011 Action Plan be made available for public comments for a period of 30 days prior to the final adoption of the funding recommendations by the BCC. On January 30, 2011, the County issued a public notice informing the public of the availability of the FY 2011 Action Plan funding recommendations at specifically designated locations. In addition to the requests for participation through the above stated publications,from March 2010 through September 2010, DHCD, in coordination with staff from the Community Action Agency (CAA), held more than 40 community public meetings to monitor the performance of ongoing activities and identify priorities in commission districts, NRSAs, and eligible block groups. Attachment A to this document identifies the meeting dates and locations. REQUESTS FOR APPLICATIONS AND EVALUATIONS Once the BCC approved the FY 2011 Consolidated Planning Policies, applications for funding were solicited through the consolidated RFA process. Funding requests totaled $21,027,479, including $9,130,504 for CDBG; $10,076,975 for HOME which included $1,478,000 for homeless housing and $8,598,975 for other housing activities; $750,000 for ESG; and $1,070,000 for SHIP. Funding available for award through the RFA process totaled $12,205,100, comprising $6,944,000 in CDBG funds, $4,011,100 in HOME,$750,000 in ESG and$500,000 in SHIP. The FY 2011 RFA was made available on November 8, 2010 and applications were due by December 10, 2010. The public was advised of the application process through a notice in The Miami Herald and posting of the notice via the County website. In addition, notification was mailed directly to all currently funded agencies. During the month-long RFA application process, DHCD, in conjunction with the Miami-Dade Homeless Trust(HT), convened three technical assistance workshops on November 29, December 1, and December 3, 2010. Staff provided technical assistance to every agency that requested assistance throughout the application period. Attachment B is a timeline for the FY 2011 Action Plan. FY 2011 EVALUATION COMMITTEE In accordance with the FY 2011 Consolidated Planning Process Policies, DHCD established four RFA Evaluation Committees that were responsible for reviewing, evaluating, and scoring each application under four distinct categories: Housing, Economic Development, Homeless, and Public Facilities and Capital Improvements. This year's evaluation process involved representatives from each of the eight NRSAs, as well as staff from DHCD and other County departments. This is the first Action Plan Evaluation that has Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 4 directly engaged NRSA representatives to evaluate and score proposals. Final scores and ranking of the applications were based on the following criteria: • Organizational and Financial Capacity—Fiscally sound agencies and organizations that have the skills and experience needed to carry out the proposed activity. • Priority Need — Activities that meet a high priority need as identified by residents in the County's Consolidated Plan. • Geographic Location—Priority is given to activities located in NRSAs and eligible block groups. • Track Record—Organizations whose past performance reflects successful and timely completion of an activity and the accomplishment of a national objective for the activity undertaken were highly favored. • Leveraging—Activities with demonstrated funding commitments from non-County sources, such as private bank financing, foundation and corporate grants, State funding, and equity from the syndication of tax credits. Additionally, for the housing activities, priority was given to projects that are ready to begin construction. New construction projects for homeownership were not recommended for funding unless they represented activities being undertaken by not-for-profit Community Housing Development Organizations (CHDOs)that have already received prior funding under the HOME CHDO program. COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM The FY 2011 CDBG allocation is approximately $17.360 million, which includes an entitlement grant of $17.060 million and $300,000 in program income. The following table reflects the recommendation of CDBG funding for Administration, Economic Development, Historic Preservation, Housing, Public Facility/Capital Improvements,and Public Service: Table 2: CDBG Recommended Activities Administration 3.472.000 Economic Development 2,861,000 Historic Preservation 125,000 Housing 1,125,000 Public Facilities/Capital Improvements 7,173,000 Public Services 2,604,000 TOTAL 17,360,000 As explained further in this memorandum, of the$17.360 million, a total of$3.477 million, or 20 percent, of the recommendations in the above categories are for activities in NRSAs. Additionally all public service activities are undertaken by County departments. Commission Allocations are also distributed appropriately among the categories above. Additionally, funding is being recommended at the same level as was recommended in 2010 for most agencies. Administration The proposed allocation of $3.472 million for Administration represents 20 percent of the total CDBG entitlement,which is consistent with US HUD's regulation establishing the 20 percent cap on administrative expenditures. A total of $3.096 million will be allocated to DHCD to cover the costs of program administration; $179,000 to the Department of Planning and Zoning for administration of Historical Preservation; and $97,000 to the Human Rights and Fair Employment Practices for fair housing support. Administration funding in the amount of $100,000 is also being recommended for HOPE, Inc., a private nonprofit agency that administers a Fair Housing Education and Outreach Program on the County's behalf. Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 5 Economic Development Total funding recommendation for the economic development category is $2.861 million which includes funding for the business incubator assistance, technical assistance, and other eligible economic development activities. A total of 22 applications were received in this category, six of which did not score 45 percent and above and were deemed ineligible for funding. One agency scored above the 45 percent threshold but was not recommended for funding because the activity is inconsistent with the objectives of the Economic Development category. The remaining 15 eligible activities are recommended for funding. As required by Ordinance No. 97-33, which created the Urban Economic Revitalization Task Force (UERTF), the FY 2011 CDBG Economic Development funding recommendations were presented to the Task Force for review. As the Board is aware, if the County Manager's final funding recommendations are different from those of UERTF's, a two-thirds vote of the members of the BCC is required to approve staffs recommendations. However, UERTF's funding recommendations are consistent with staffs recommendations. Historic Preservation Total funding recommendation for the historic preservation category is $125,000 for the Planning and Zoning McFarlane Project. This activity is focused primarily on the preservation, through rehabilitation, of single family homes. Housing Total funding recommendation for the housing category is $1.125 million of which $975,000 is for a variety of housing rehabilitation activities to include energy conservation programs for the elderly, code enforcement activities,water and sewer connections assistance, and a paint program. Public Facilities/Capital Improvements Total funding recommendation for the public facilities/capital improvements category is $7.173 million for participating municipalities and non-profits to undertake or complete drainage improvements, sidewalk replacement and handicap intersection ramping, street improvements, upgrades to lift stations, park improvements, and rehabilitation of a community-based facility. A total of 14 applications were received in this category, six of which did not score above the 45 percent threshold and were deemed ineligible for funding. The other eight eligible activities are recommended for funding. Public Services Total funding recommendation for public service activities is $2.604 million, or 15 percent of the CDBG funding, in keeping with US HUD rules and regulations. The CDBG program allows the use of grant funds for a wide range of Public Service" activities, including, but not limited to, employment services, crime prevention, child care health services, and substance abuse services. The County accomplishes its public service goals through County departments. Neighborhood Revitalization Service Areas Total funding recommendation for the NRSAs is $3.477 million, or 20 percent as approved in the FY 2011 Policy Paper. This allowed the County to promote increased investment in the NRSAs in support of activities that have the potential for greater community impact and visibility. Additionally, for the first time the CACs actively participated in the RFA evaluation and scoring process. A total of $1.817 million is recommended for public facilities/capital improvements; $1.536 million for economic development activities; and$124,000 recommended for housing activities. Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 6 Table 3: FY 2011 CDBG NRSAs Recommendations IAgency Activity District NRSA FY 2011 Community Development Block Gran t(CDBG)-Public Facilities/Capital Improvements City of Opa-Locka Lift Station#8 Improvement Project 1 Opa-Locka 100,000 City of Opa-Locka Lift Station#11A Improvement Project 1 Opa-Locka 200,000 City of South Miami SW 64th Street Improvements 7 _ South Miami 177,000 South Florida Urban Ministries,Inc. SFLUM Community Center 2 West Little River 150,000 Miami-Dade Park and Recreation African Heritage Cultural Arts Facility 3 Model City 50,000 Improvements Miami-Dade Park and Recreation Leisure Lake Park Facility 8 Naranja 185.000 Improvements Miami-Dade Park and Recreation Quail Roost Park Facility 9 Perrine 200,000 Improvements Miami-Dade Public Works Goulds Capital Improvements 9 Goulds 303,000 Miami-Dade Public Works Melrose Capital Improvements 2 Melrose 200,000 Miami-Dade Public Works West Little River Capital 2 West Little River 200.000 Improvements Miami-Dade Public Works West Little River Tree Planting 2 West Little River 52,000 Subtotal Public Facilities 1,817,000 CDBG-Economic Development Agency Activity District NRSA FY 2011 79th Street Corridor Neighborhood Economic Development-79th Street 2 West Little River 210,000 Initiative,Inc. Technology Project _ Barry University,Inc. Barry University-ED Technical Multi- Opa-Locka,South 122,000 Assistance District Miami and Model City Black Economic Development Coalition, Liberty Square Small Business Pilot 2&3 Model City 175,000 Inc.dba Tools for Change Program Economic Development/Technical Dynamic Community ty Development Corp. Assistance 2 Melrose 80,000 Enterprise Development Corp.of South Incubate Miami 5&7 South Miami 156,000 Florida 1,2,5, Opa-Locka and Hialeah Dade Development,Inc. Hialeah Dade Development,Inc. 6,12& Melrose 138,000 13 _ Neighbors and Neighbors Association, Edmondson Small Business 2&3 Melrose,Model City, 200,000 Inc. Development Hub Business Incubator &West Little River Neighbors and Neighbors Assocation, Goulds Business Resource Center 8&9 Goulds and Perrine 200,000 Inc. South Florida Puerto Rican Chamber of Micro Loan/Technical Assistance 1&2 Opa-Locka and 75,000 Commerce,Inc. Program Melrose South Florida Urban Ministries.Inc. Assets Miami 2 West Little River 180,000 Subtotal Economic Development 1,536,000 CDBG—Housing Community Action Agency Naranja Sunny Haven Water Sewer 9 Naranja 124,000 Connections Subtotal Housing 124,000 Total NRSA Funding $3,477,000 County Departments As is illustrated in the following table, $6,944,000 or 40 percent of total CDBG funding, is being allocated to County departments to undertake activities that benefit low- to moderate-income residents in the NRSAs and eligible block groups,as follows: Honorable Chairman Joe A. Martinez and-Members, Board of County Commissioners Page 7 Table 4: FY 2011 CDBG-County Department Programmatic Recommendations(40 Percent) Department Programs Category Funding Building and Neighborhood Compliance Code Enforcement Housing 429,000 Community Action Agency Elderly Residential Energy Housing 100,000 Conservation Program -Community Action Agency Paint Program Housing 322,000 Greater Miami Service Corps Employment and Training Public Service 371,000 Greater Miami Service Corps Graffiti Abatement Program Capital Improvement 170,000 Homeless Trust Beckham Hall Facility Improvements Capital Improvement 100,000 Housing and Community Development Enterprise Zone Program Economic Development 146,000 Housing and Community Development Professional Services/ Capital Improvement 89,000 Technical Assistance Housing and Community Development Professional Services! Housing 150,000 Technical Assistance Human Services Facilities Improvements Capital Improvement 1,939,000 Human Services Seymour Gelber Facility Improvements Capital Improvement 267,000 Human Services Treatment Alternatives to Street Crime Public Service 500,000 Human Services Advocates for Victims Public Service 500,000 Juvenile Services Diversion Programs Public Service 500,000 Park and Recreation Country Club of Miami South Miami Capital Improvement 270,000 Facility Improvement Planning and Zoning Historic Preservation-McFarlane House Historic Preservation 125,000 Public Works Graffiti Removal Capital Improvement 233,000 Florida Department of Health Immunization Van Public Service 74,000 Florida Department of Health Rodent Control Program Public Service 659.000 Total County Programs: $6,944,000 COMMISSION ALLOCATIONS As has been the practice in recent years, $2.6 million, or $200,000 per Commission District, has been earmarked to support CDBG-eligible activities in each of the 13 districts. In making their awards, Commissioners were encouraged to prioritize activities in the NRSAs and eligible block groups, and activities recommended for funding under the competitive 2011 RFA that scored a minimum of 45 points and have, as a result, been deemed eligible for funding. To assure compliance with US HUD mandates, the County has eliminated Commission District Reserves. As a result of this mandate, DHCD staff met with each Commissioner to review activities eligible for funding. The following are the funding recommendations from the Commission Allocations: TABLE 5:FY 2011 Commission Allocations District Activity Description _ Category Activity Address Amount 1 Capital Improvements City of Opa-Locka,Lift Station#11A 350 Bahnman Avenue,Opa- 1 8100,000 rehabilitation Locka 1 City of Opa-Locka,Lift Station#8A rehabilitation Capital Improvements 2352 NW 147 Street,Opa-Locka 100,000 2 Neighbors and Neighbors Association,Inc.- Economic 180 NW 62 Street,Miami 50,000 ment Technical Assistance Develop 2 South Florida Urban Ministries,Inc. -Small Economic 11500 NW 12 Avenue,Miami 50,000 Business Technical Assistance Development 2 Black Economic Development Coalition,Inc.- Economic 1415 NW 63 Street,Miami 50,000 (Liberty Square Small Business Pilot Program) Development 2 79th Street Corridor Neighborhood Initiative(W. Economic 7900 N.W.27TH Avenue,Suite 000 Little River) Development 236,Miami 3 Neighbors and Neighbors Association,Inc.- Economic 180 NW 62 Street,Miami 50,000 Technical Assistance Development Honorable Chairman Joe A. Martinez and'Members, Board of County Commissioners Page 8 District Activity Description Category Activity Address _ Amount 3 African Heritage Cultural Arts Center—Marquee Public Facilities 6161 NW 22 Avenue,Miami 50,000 signage 3 Black Economic Development Coalition,Inc.— Economic Liberty Square Small Business Pilot Program Development 1415 NW 63 Street,Miami 50,000 3 Contractors Resource Center,Inc.—Community Economic 1730 Biscayne Blvd..Suite 201, Contractors&Residents Construction Program Development Miami 50,000 4 Greynolds Park:Capital Renovation,playground 17530 W.Dixie Hwy., ' renovation Public Facilities North Miami Beach 20,000 4 Greynolds Park:Capital Improvement,new 17530 W.Dixie Hwy., Heritage sign Public Facilities 52,200 North Miami Beach Douglas Gardens Community Mental Health 4 Center of Miami Beach,Inc./Golden Palms Public Facilities 17000 NE 21 Avenue, 127,800 facility renovations North Miami Beach 5 Drainage and sidewalk improvements Public Facilities NW 20 St.&Delaware Parkway 200,000 East to NW 27 Avenue,Miami 6 City of West Miami—sidewalk replacement/handicap intersection ramping public Facilities 901 SW 62 Avenue,West Miami 62,000 6 A.D."Doug'Barnes Park—capital renovation Public Facilities 3401 SW 72 Avenue,Miami 100,000 6 Brothers to the Rescue Memorial Park— Public Facilities 2420 SW 72 Avenue,Miami 38,000 park/facility improvements 7 Barry University—Economic Development Economic 11300 NE 2 Avenue, Technical Assistance Development Miami Shores 50,000 7 City of South Miami—SW 64 Street improvements Public Facilities SW 64 Street,South Miami 50,000 7 Neighbors and Neighbors Association,Inc.— Economic technical assistance/economic development Development 180 NW 62 Street,Miami 50,000 7 South Florida Urban Ministries—Community Public Facilities 11500 NW 12 Avenue.Miami Center 50,000 8 Park and Recreation—Palmland Park Public Facilities 13531 SW 304 Street,Miami 15,000 8 Park and Recreation—Leisure Lakes Park(new Public Facilities 29305 Illinois Road,Miami 185,000 playground/shade) 9 Quail Roost Park—Park and Recreation Public Facilities 11359 Quail Roost Drive,Miami 200,000 10 Ruben Dario Park—Facility improvement,Park Public Facilities 9825 W.Flagler Street,Miami 100,000 and Recreation 10 Seymour Gelber Adult Day Care Center— Public Facilities 11025 SW 84 Street,Miami 100,000 Facility improvements 11 International Gardens Park—Park Public Facilities 12321 SW 18 Terrace,Miami Improvements 50,000 11 Olympic Park—resurface basketball courts Public Facilities 8601 SW 152 Avenue.Miami 18,000 11 Tamiami Park—upgrades to baseball fields _ Public Facilities 11201 SW 24 Street,Miami 132,000 Between W.Flagler Street to 12 City of Sweetwater—Drainage improvements, NW 8 Street,and NW 112 Phase IV Public Facilities Avenue to NW 117 Avenue, 100,000 Sweetwater 12 Hialeah Dade Development,Inc.—economic Economic development Development 501 Palm Avenue,Hialeah 55,000 12 Miami-Dade County Public Works project - street resurfacing Public Facilities TBD 45,000 13 Country Club of Miami South Park—Park Improvements Public Facilities 6801 NW 186 Street,Miami 200,000 Total Commission Allocations $2,600,000' Activities in Entitlement Cities Based on US HUD's "metropolitan significance" criteria in recommending funding for activities in Entitlement cities, staff was especially mindful of US HUD's Final Rule issued on November 1995. The rule states that CDBG funds may assist an activity outside the jurisdiction of the grantee, only if the grantee determines that such activity is necessary to further the purposes of the Housing and Community Development Act, the recipient's community development objectives, and that reasonable benefit from the activity will accrue to the residents of the jurisdiction of the grantee. Simply stated, Miami-Dade County may support activities in other entitlement communities, but only to the extent that such activity also benefits residents of the County's primary unincorporated target area, thereby demonstrating Metropolitan Significance. The six entitlement cities include the City of Miami, City of Miami Beach, City of North Miami, 3 Honorable Chairman Joe A. Martinez and•Members, Board of County Commissioners Page 9 City of Hialeah, City of Homestead and the City of Miami Gardens. Similar to the entitlement cities, those cities that receive State of Florida Small Cities CDBG Program funds must also meet the Metropolitan Significance standard and be consistent with the County's high priority needs. As such, staff will continue to evaluate projects funded in other entitlement cities to ensure those activities also benefit the County's primary unincorporated target area. HOME INVESTMENT PARTNERSHIPS PROGRAM(HOME) FY 2011 HOME Program funds is estimated at $6.679 million and the requests for funding totaled $10,076,975. The HOME program provides funds for permanent and construction loans, homeless housing and related assistance, to assist very low- and low-to-moderate income families to purchase or rent affordable housing units. Due to the current housing market, the FY 2011 Action Plan did not address funding new homeownership construction projects.Applicants currently funded for homeownership projects received recommendations for the HOME funding which includes HOME CHDO Set-Aside and HOME CHDO operating funds in order to enhance the likelihood of project completion. Table 6: FY 2011 HOME Recommendations Category Dollars Percent Administration $668,000 10.0% Rental Rehabilitation Program 1,170,000 17.5% Tenant Based Rental Assistance 500,000 7.5% Elderly Homeowner Rehabilitation 1,000,000 15.0% Homeowner Rehabilitation 1.000.000 15.0% Homeless Programs 1,000.000 15.0% HOME CHDO Set Aside 350,000 , 5.2% HOME CHDO Operating Support 50,000 0.8% HOME Reserve 941,000 14.0% Total $6,679,000 100% EMERGENCY SHELTER GRANT(ESG) It is recommended that the FY 2011 ESG funds of$750,000 be allocated to Camillus House to continue to operate the Beckham Hall Emergency Shelter facility which provides temporary shelter and services to 400 homeless individuals annually. STATE HOUSING INITIATIVES PARTNERSHIP(SHIP) It is recommended that the SHIP funding of $500,000 be allocated to Homebuyer Assistance and Counseling activities. A total of three agencies have been recommended for funding in this activity. The homebuyer counseling addresses, among other things, financing, fair housing practices, credit counseling, budget and money management, and home maintenance. STATUS OF ANNUAL ACTION PLAN SUBMISSION Miami-Dade County's Annual Action Plan year for the CDBG, HOME and ESG program is January 1, to December 31, as such the County's Annual Action Plan is due to US HUD no later than November 15, which is 45 days prior to the program start date.Although work began early to develop the plan,the County did not meet the submission date of the Annual Action Plan to US HUD, and requested an extension which US HUD granted to January 17, 2011. A second extension was requested and US HUD granted a second extension through March 31, 2011. Copies of the extension letters are attached(Attachment C). Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Page 10 Miami-Dade County is committed to continuing to serve the low- and moderate-income residents and neighborhoods throughout the County and achieving the US HUD National Objective. The County continues to work with its community development partners to enhance its programs and to better meet the needs of low-to moderate-income residents and neighborhoods. Attachments woe Assistant unty Manager /b °K ' MEMORANDUM (Revised) TO: Honorable Chairman Joe A. Martinez DATE: March 1, 2011 and Members, Board of County Commissioners IC:Ain\FROM: R. A. Cuevas,Jr. SUBJECT: Agenda Item No. 5(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 , 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required // • Approved G` ayor Agenda Item No. 5(B) Veto • 3-1-11 Override RESOLUTION NO. R-179-11 RESOLUTION APPROVING THE FY 2011 ACTION PLAN FUNDING RECOMMENDATIONS; AUTHORIZING THE FILING WITH U.S. HUD OF MIAMI-DADE COUNTY'S FY 2011 ACTION PLAN WITH PROJECTED USES OF FUNDS FOR FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), EMERGENCY SHELTER GRANT (ESG), AND STATE HOUSING INTIATIVE PARTNERSHIPS (SHIP); AUTHORIZING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO MAKE NON-SUBSTANTIVE MODIFICATIONS TO THE FY 2011 ACTION PLAN AND UPDATES TO THE FY 2008-2012 CONSOLIDATED PLAN; AUTHORIZING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO GIVE PRIORITY CONSIDERATION TO FULFILL THE FY 2010-2011 BUDGETED MANDATES; AND EXECUTE ALL CONTRACTS, AGREEMENTS,AMENDMENTS, AND TO SHIFT FUNDS AND FUNDING SOURCES AWARDED FOR A PROJECT TO ANY NEW ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT THE ABOVE PROGRAMS; AND AUTHORIZING THE COUNTY 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 approves the filing with U.S. HUD of the Miami-Dade County 2011 Action Plan with recommended_use of funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grant (ESG), and State Housing Initiatives (SHIP) programs; authorizes the County Mayor or Mayor's designee to give priority consideration to fulfill FY ( 1- Agenda Item No. 5(B) Page No. 2 2010-11 budgeted mandates, and to shift funds for each program among activities of the same agency without exceeding the total amount allocated to that agency; authorizes the County Mayor or Mayor's designee to shift funding between agencies without exceeding the total award amount to that activity or changing the scope of that activity; authorizes the County Mayor or Mayor's designee to make non-substantive modifications to the FY 2011 Action Plan; authorizes the County Mayor or Mayor's designee to execute pre-approved contracts pursuant to US HUD's guidelines; authorizes the County Mayor or Mayor's designee to execute such contracts, agreements and amendments necessary to carry out the above programs after approval by the County Attorney's Office; and authorizes the County Mayor or Mayor's designee to exercise the cancellation provisions contained therein. The foregoing resolution was offered by Commissioner Rebeca Sosa who moved its adoption. The motion was seconded by Commissioner Audrey M•Edmonson and upon being put to a vote, the vote was as follows: Joe A.Martinez,Chairman aye Audrey M. Edmonson, Vice Chairwoman ave Bruno A. Barreiro aye Lynda Bell aye Jose"Pepe" Diaz aye Carlos A. Gimenez aye Sally A. Heyman aye Barbara J.Jordan ave Jean Monestime aye Dennis C. Moss aye Natacha Seijas absent Rebeca Sosa aye Sen. Javier D. Souto absent (3 Agenda Item No. 5(B) Page No.3 The Chairperson thereupon declared the resolution duly passed and adopted this 3rd day of March, 2011. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. MIAMI-DADE COUNTY, FLORIDA Q M N/ BY ITS BOARD OF G • 1.4 �►� COUNTY COMMISSIONERS 40 o COUNTY Z HARVEY RUVIN, CLERK v 6 . 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N di H FR FA EA EP M p o 3 3 -n Inc 3 3 co Li A 6 O O co O O d a o O M 7 O b b b b b O p t° c 0 O O O O o O O 3 12/4( X I $ / CA g a,« f ■ 3" o. © _ � k� § � to % 0 i§ { C o 0 0 o 0 ; __, ] E «o \ n 4 f C 9@ R a) 2 \ 7 co ■ I co i k 7 7 Q 2 3 3 0 a CD J E C ® ; g E \ D 0 § z C > £ 3 c 0 4 [ o § 0 co ( 8 § CD - 0a E§ 0 c � § 6.< 30 O. n� � nag n£� ZCD 5§ �§ 0 - 0. 2 ° = o , = O. , § ■ o See ƒ Eo of 0 0z■ 4a2 J- 2 " erg a • 2RR, �r }E 5- E k�§o��� a -n }2 *7 \ £ ©° ° - < -< oIE• § E § E § E § ESEZ o D3 ce% 00 kED0Ck� 0 / °� . � aZ\g■ a 0 g - a , § , A. , , No< . &I #° a:O. /2� ad� B ID as . , #$¢7z) ƒ $k °2 �0 �K=' � 0 ƒJ ƒ� E£ 0 � 7¥« v /f f f �> i & Ie r E n § 0 C73 ° PI 2 2 ° \ 0 k CO CM In c $ Cr 0 ■ E z ] § E z z z fa m § 2 $ » R CM » a 2 rA .13 2 0 _ _ - - - e - 77 @ -< �} hl ■ 01 o R °fit � © s & 2 CO § ' S _ 0 , . « EA - EA ® - f 0 ; I. 4. w V kk o k § § 0 o G � ■b k 0 § t § b 0 , a. ® ® _ _ - EA - k § V 0.0, $ a § 0 $ @ #J 0 0 b k b / 0 0 a 8 8 , _ 2 ATTACHMENT A CAC Meetings on the FY 2011 Policy Paper and Priority Needs Opa Locka Thursday, March 25, 2010 Thursday,April 8, 2010-Special Call Meeting Thursday,April 15, 2010-Special Call meeting Thursday,June 24, 2010 Thursday,July 8, 2010-Special Call Meeting Thursday, September 23, 2010 West Little River Thursday, March 18, 2010 Wednesday, April 14, 2010-Special Call Meeting Tuesday,April 27, 2010-Special Call Meeting Thursday,June 17,2010 Thursday,June 24, 2010-Special Call Meeting Thursday,September 16, 2010 Model City Wednesday, March 24,2010 Wednesday,April 14, 2010-Special Call Meeting(elections) Wednesday, May 12,2010-Special Call Meeting Wednesday, May 26,2010-Special Call Meeting Wednesday,June 23, 2010 Wednesday, July 14,2010-Special Call Meeting Wednesday,July 26,2010-Special Call Meeting Thursday,August 19, 2010-Special Call Meeting Wednesday, September 22, 2010-Special Call Meeting Melrose Tuesday, January 12, 2010-Special Call Meeting Tuesday, March 2, 2010 Tuesday,April 6, 2010-Special Call meeting Tuesday,April 13, 2010-Special Call Meeting Tuesday,May 4,2010-Special Call Meeting Tuesday,June 8,2010 Tuesday,September 14,2010 South Miami Monday, March 15, 2010 Monday,June 21, 2010 Tuesday,June 29, 2010 Perrine Thursday, March 18, 2010 Thursday,June 17, 2010 Thursday,July 15, 2010-Special Call Meeting Thursday,July 29,2010-Special Call Meeting Leisure CitylNarania Tuesday, March 9, 2010 Tuesday,June 8, 2010 Wednesday, July 13,2010-Special Call Meeting Goulds Wednesday, March 10, 2010 Wednesday,June 9, 2010 Thursday, July 8, 2010-Special Call Meeting Wednesday, July 14, 2010-Special Call Meeting 2�� ATTACHMENT B FY 2011 RFA / ACTION PLAN TIMELINE June 9,2010 2011 Policy Paper presented to Housing and Community Development(HCD)Committee and deferred to next Committee meeting for further discussion. July 14,2010 HCD Committee meeting not held due to lack of quorum September 15,2010 HCD Committee forwards FY 2011 Policy Paper to BCC meeting of October 5,2010 with a favorable recommendation October 5,2010 BCC defers FY 2011 Policy Paper to next meeting for further discussion October 19,2010 BCC defers FY 2011 Policy Paper to next meeting for further discussion November 4,2010 BCC adopts FY 2011 Policy Paper resolution[1st Public Hearing] November 7,2010 Newspaper Ad published announcing release of RFA Mailed postcards and email notices announcing RFA release November 8,2010 RFA Released and distributed to libraries and placed on the Department of Housing and Community Development's(DHCD's)website. A copy was transmitted to County Commissioners. Nov 29-Dec 3,2010 Conducted three RFA Technical Assistance Workshops[11/29/2010; 12/1/2010;and 12/3/2010] Dec 6-17,2010 RFA applicants make"MUST"presentations before NRSA Community Advisory Committees December 10,2010 RFA Application submission deadline Dec 10-12 2010 Staff compiled and organized applications for Selection Committees December 13,2010 Conducted Selection Committee evaluator training(County Departments/CAC's/DHCD staff) Dec 20-22,2010 Selection Committee review of applications conducted January 10,2011 County Manager transmitted agency scores to the BCC January 4—27,2011 Commission District Fund allocations received January 11,2011 Scores posted on DHCD's website January 24,2011 DHCD submitted Action Plan funding recommendations to the County Manager Exhibit 1 January 30,2011 Newspaper Ad for Action Plan published [Exhibit 1—Funding recommendations delivered to Regional libraries,Homeless Trust;CM Head- start facilities] March 3,2011 BCC Special Call Meeting[2nd Public Hearing and Approval of Action Plan] ATTACHMENT C ' U.S.Department of Housing and Urban Development 0 „ Community Planning and Development ; c Region IV,Miami Field Office `�•�, Bricked Plaza Federal Building 909 SE First Avenue,Rm.500 Miami,FL 33131-3042 October 25,2010 Mr.George M.Burgess County Manager County Executive Office Miami-Dade County 111 N.W. 1 u Street-Suite 2910 Miami,FL 33128 Dear Mr.Burgess: SUBJECT: Miami-Dade County FY 2011 Action Plan Submittal Exception This is in response to the County's request received on September 9,2010 on the above subject matter. Based on the information provided,the Department is hereby granting an extension to the County's fiscal year(FY)2011 action plan submission date to January 17,2011. If the County needs additional time, it may request such at the end of extension. The County must ensure that its citizens are notified and are provided an opportunity to comment on the plan. We also caution the County on the impact that delays in the submission of the Action Plan may have on the administration of HUD's programs. This Office is available to assist you in any way possible. If you have any questions regarding this correspondence,or any other program matter,please do not hesitate to contact Ms. Lisa Bustamante,Senior Community Planning and Development Representative at(305)520-5008 or via email message at fiordaliza.bustamante@hud.gov Sincerely, Iii Maria •.Ortiz-Hill Director,Community Planning and Development Division cc: Ann D.Chavis,Program Manager,US HUD Howard Piper,Assistant County Manager HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable fordable homes for all www.hud.gov espanol.hud.gov ATTACHMENT C � W,Q. •'Y U.S.Department of Housing and Urban Development �* * Community Planning and Development Office �•� °'`� Brrick�ei Plaza Federal Building 909 SE First Avenue,Rm.500 Nami,FL 33131-3042 February 1,2011 Mr.George M.Burgess County Manager County Executive Office Miami-Dade County 111 N.W. la Street-Suite 2910 Miami,FL 33128 Dear Mr.Burgess: SUBJECT: Miami-Dade County FY 2011 Action Plan Submittal Extension This is in response to the County's correspondence received on January 27,2011 on the above subject matter. Based on the information provided,the Department is hereby granting an extension to the County's rd request for additional time to submit its fiscal year(FY)2011 action plan document no later than March 31,2011. As previously communicated,the County must ensure that its citizens are notified and are provided an opportunity to comment on the plan. We also caution the County on the impact that delays in the submission of the Action Plan may have on the administration of HUD's programs. This Office is available to assist you in any way possible. If you have any questions regarding this correspondence,or any other program matter,please do not hesitate to contact Ms. Lisa Bustamante,Senior Community Planning and Development Representative at(305)520-5008 or via email message at fiordaliza.bustamante @hud.gov Sincere , Maria .Ortiz Director,Community Planning and Development Division cc: Ann D.Chavis,Program Manager,US HUD Howard Piper,Assistant County Manager HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for all. www.hud.gov espanoLhud.gov 21 Miami-Dade County Deal for Announcements - City and Public... Page 3 of 4 Public Hearing MIAMI-DADE COUNTY PROPOSED FY 2011 ACTION PLAN WITH FUNDING RECOMMENDATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG),HOME INVESTMENT PARTNERSHIPS(HOME),STATE HOUSING INTIATIVES PARTNERSHIP PROGRAM(SHIP),AND EMERGENCY SHELTER GRANT(ESG)PROGRAMS Pinata rs hit Haraerg end Comm*Dewloameet no a 1974.es amedad won 24 CFR parts St. ad Commit Rani,end Or.styenve Pragrars.alowOade County toe harbped es Primed FY 2911 Actin Pbn. A MSc MIMI es caseate the FY 2611 tam Ran tatdig rewnmsrdsmya tar CMG,WOK.ESG sad be SHIP props*ail bus Sae main aSpecal Cad Mang in the Canmsso+ Chattels bowl el Iv Steam P CYO Center 0uldrg,111 NH 1st Shea,Mama Flada 33120.Stood Flea.TM eta Of le neY rte aetaereeeeel Mist PO.The Pak s anteater attend and comet Canmustsmay else be stoked e Men en the Oman d Ronne Croaked,Amato*Diradw.lafeat. Dude Carty Doormen at boom and Caanuray Dr.abprteni COW),791 MN 1st Case Uth Rat Miami.Rae*73736.The Rapord FY 2011 Acton Pfn having msnnendasa al also be ante*cc NCOta mu*a the Moira Name The mere-at the C rooldeled Pin ere to aleenp an pen enbp.W mtredpd enr6tlme.to mitt end entente ceMen tips mtag Y lends d geremment and Ie ptMle seam,educing tor-pult end notewma lagenizehet*te ova*Mao he provide debenthats .esbablsbestdmaniacasate* Irrng rrxsamert and maid a andmVC oceettntes piPmpety for very lammOns and t*domodera e ercane(MOM The Moment rpeanrb Ms cuentvWca of at seannewty sorasted aCricsl Oren moss Oh marten atrdhmed action orOsorytro .oonty eepe trams beat uwanamnta and the mix* d►gnrCedeCounty tae Prcevaed FY 2011 Actin Ron mast at ttte b tsietag sedans. • Federal and No Sandhi rescemea •begotten elataANheatlteladbeundeclaheninFY201110 address molt node •Geoareatie diiOudondreesrecel gaaaastmos. • Homan,and a0srapedd needs scathes. • Cam basal asteans bet ere be andrltun in P4 2011 b feast and martian abdabte hoots pigs roan;tdporarolda and modern M tes.rename haters to ablates hauseg seduce to nsaebet d leoestol la edit yews,bear the coot t sow,d tkp stdehsonal sbuaures.aaasss Wotan toemang badman:1 needs end atom cooldrelea taboo oble end prtrale Mora eraepelottoarents, The ilp au PIN Iedeln a tellmiled 51eMu sooner CUt Dr abort d)WM ce 91$Federal Program is lee de to mnl of Able neon mounts' nts' eerechreed byte amber at decent Wag.a auhbte tarp earasasnart and sapenta g ecirdee cmcareakte fori+dniii sebod.#111tor►admddeole4 m:Mee ateCOBOa'Ic sami[mat If ppbdpdty beael tow-and reodrets come persona eedh ICMSte mat spedhcall addMae at least cos III ottoMoafnghoe moodOteatee 1)14molt kw end nmdret Inwlnapaaws;2)lb O f at ire veteran a ar rineion d aim or aught.or 31 to meet ammo*deobpmrt needs Mai a caroler atom The Cootie eaMMted COW elocapm le S17.360°00 Itnciess$300.006 of own income)rd ii.91 tic Pubic FedHNsemils Mo menemt Economic Development neern teem and HMOec Pralstvelen HONE Thepinry objedesorMb korraiwarm is In*WOW P iRkiPti ate Wmrmhca in antr(od avoi9eatorddda bonito Woo mid eery bsv+rsaans moot NOME lyda ear be used toOpium :tot owl nsam Iron bathe a¢yapia d roughs seatee.mhatatai c.ca.haasg rssnatrtdvrr ant bnambepd moat sastuee.Ito CasoOs esbruhd HOME akcaean*34.679000 a d is alsalyd m natal hauls kes onews lip velstiftakin,Modem housing psi t.nac$ end metal amblers Ea The ptmry Anal*of net Failure prow a le laprae emegncy Meeet;armee to to opinion of such gram rd monteCel9*tmantel tonal sermon Me banana copse uI mellow facing hantdesenem"less Cduntee ullrihd E50 wastes a$756.000 ends aiviceted Mr erosive) ebdter ensues. SW':The ovary*ado of the Stale aootam a in draw'nut gowmmers nee proem dsgtw It IlwtElty i,meson;it co mua s,boosr9 needs'Aso neared.Mate-0ede Count has adopted bath an cedie naPMVV01aametierIR417-951 ten devote a Mono pop=ex alien SHIP funds Tie legdelascab*aft fdlairgmit umaogasmquMmrtsforMswed SeeP tads Funds dial be Seal M sfion M M eprmad Lass Haserg fable=Pan ILHAPL The 1aoWwn mat tenet aloble ppeas.A bad of II110000 n SHP hods a alotated hx Hometuor Edtrrson and Ccuiseina Sanas. The Ptepaad FY 2011 Arlon All Isetg to whelks funded m=Mao high priority needs as 6enSOed in fie FY 20062002 Sasaadeleeed Pen of be ardlebt en the Diesibnat of ibttstr9 and Cammtret D svebanete timbale Y firapojadaglijn and st the ldbming barons: N I mel-Wb Oepertnea l d Nandee and Ceataralle Sanfepm.td 7111 NW 1st Cost,attl Feoot MAaro FL 33176 is 11ws ae Tien 111 NN tel Sheet Ph Ram Mari FL 33121 Ilhad-Dade Pero Ulm 101 Mess Bigler Stec,,tan,PAW 33130 Stale NW Repeal Mary 10710 Sty 211m Steal,harms FL 3316 IMO Oath 955la sal Larary 2455 Neb 163rd Seee4 Miami P.33066 Comma*MIN AglatyCsiutl yftnk*Oders (Caleb Caur,Liberty City.Goulds.Purim.and Seeetaster) MINM-Dodo County anodes soul axes and nisi oraceuntla In mpfn mat and er ices and eat not deaednee wins persons e t sesabieee.eacanmledone br Maned or na'fngeab spark* teedersme be made awls*his rspm request Phase cater fuel Maapow.at t7861491-2100.at hest 3D http://findnsave.miamiherald.com/Local-Ads/a44664/Miami-Dad... 1/31/2011 Miami-Dade County Deal for Announcements - City and Public... Page 4 of 4 lise lat 411/111110 wi,IIIIPMWV Of IRI1IN.Y8111%MI legume. A prim oho dsoda toaccual ougthoito mode by any book Rpm os osmium you sums to any malty coukususs 0 the motel as hullo;wil nod awed cd the plocassdep Such peso mop nod to ppm S1 i *mm i, 'dP.Foololirommsda,vdroluc Wooly aid our=won Iseach sive appear is tumid For legal Lids online, gi to hltp legaliuit;n rnichide(Joy Published on 1/30/2011 This ad for City and Public Notices in Miami may contain time-sensitive information and offers. Please check with Miami-Dade County to confirm availability. More Miami-Dade County ads for City and Public Notices in Miami 0101611. •••■••1.111110.1.1•111. Wig! 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U�+[;.ss,n.nra bat., 140 9Q 4 arm 111/1 1'11 a 4N1 i uaPI.OW.Iwt Nnr Me.C,nw[s Y.M 14Ym.!nY WY 12 4 MIAMI-DADE Braman outlines reforms orms for county government •The leader of the county Charter Review yard's recall,though he socaileddrmlg mayor pow- varn successfully pushed Florida Marlins stadium. effort to recall Dade committee could be placed hasn't laid outs specific era,in which he directly Imagery increases for must Brad a amp the pubGclly Mayor Carlos Alv.taa directly on the ballot agenda until now.Hawn' oversees the county county employees. sue structural reform is The move comes as the of automobile denier,said buresua.r7 The county mayor has Daum deal to build the bail' ned.d.too. recall vote etas in the BSr he plane es campaign for the voter.handed Ala Pica been dogged by scandals In park Seperately,a grass. ted campaign to oust refo[wbe6Ye and after the that power.in large partaut the past twn years such as toots political otgani ati n IT MATUEIW HASOMAN Miami-Dade County Mayor upcominiweallvae of frwtntion with how double-digit percent pay called Wand voice nt.0.[rmsoonomnsn Carlos Alvarez.A recall mane-melted summon. county government oiler- hikes atop Wes while call• launched a recall effort Declaring that•recall election is set for March IA executive office spokes- Nee:pinning its hopes on ing for shared socdfice,old aimed at removing Com- elone is not the answer•bil- fwboth Alvarez aodCausry woman Victoria?dengue the notion slut an empow- revelations that his chief of ageratums.Natacha Sel)n,end aunty executive lkaaire buamemmao Nor- rmmWbner Naarla� yeas,"Ov)e Mayor past six delta reform.could Pawns working k consultant Clean. o for thrums. .as man Braman and former jots The amotocanem have Bled Alvarez n d charter review tech fume cows at Aintree prepares favot of charter reform,in- Stamm launched his re- raapayer rime Silas in cluhwnVlctor M.Diaz an• to make his state of the volved in charter reform oil effort in October alter Alvarez made the mono. ebW unman thermllelee- muecM•slam of reforms County•peedl Wedoecday. and appordveof dditio»I county commissioners ap• venial decision to back the dons,in which early voting aimed at charming the wry perhaps his most public.1- cheeWt whom." proved an Alvarez-pro- use ofpubUefunds foraeew begins BM 28. Miami-Dade County goo. but or defend Ids tenure. In 2007,Alvarez led and posed property to roe in- - elementepeygpay *There is overwhelming .on a petition-drive to win crease At the same time,Al- Celled-A Cmrmaae With .mdoeattat county gav -,-,D Pu b I is Notice The People,'the document eminent Is e.functioning Fla gmuat Emomenny Redevelopment Agency •�.�11i stakes out aunt areas to la it should;h chairmen Dias.• orange Blossom On A S 2017 m e0000 Cadys Denton et Moro moot. its county sedere- 2000 Chatter Review of am Comer*O.ebpoo MCC)Pined to Penrod meat.The proposed re- 2000.winch proposed d re- FY 2011 Adre Rota Main ate kr In Camay forms include seat awing two Force.winch moWad 10- Festival,Parade 6 aodeo D.erolma Bus Grin(mBG),HOSE Marra Peea.0 MratWo seats,Imposing Onion nmettee quashed by DEf�Q�EiO (HOSE),S..Hoene svdabe Wren*ISHP)Y0 Engine, a. Woltz co mmmlai is county leaders was q without• Febni.yF 21 a I7r 3011 D^3 _14 Biagio read(ESG)pogrom b OM 074.541..0.M Rafe w. era of two fasng co tarty count reerendawilhaut. g;00ipg•4,00pm enyeapg apnyaatarybmyy 0akadJgemnmlWeal rimer Increasing act commlr ptl"PersaIt elCum• skmer pay to and re hexer Iremonel county to en, 3dtlBen se to don trough s Re a Spent moC.Samna le be helloed N Carty candidates,and eoptahnB w0 oar fie conray wrern- ,Yaw Pentane lreaaru�1i C RA c.11ae.i..e IeCCI d•cur red a.m Y ra..dY restrictions that male voter meat These bmcommon ...maw top nose ppL . 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(metro et Yerroyd sak1lgsns. eel tlwalyb0 tdaD'ebbe? - s!iNos gt..t,t .,= �` •p.r4n ale n or.waavr way dada.,air Harty ears. lbw cdO�ff X10 dORBIIYf<OB 1 71 rv•,IWO MI apw.vlmn41e.da tan•••lour..mwwr4w•.../•aa. • �', NO A cam)a nenav of n.•t.nm,v.a.Plawrrk4w s.dn �_*S.',- �' 0*Cm. PMOI nw1[wdb 4141414 pwarwaal4 w[vd 0th P0maaY14 _ Mb fns: 4mirk hw•dav JWmny One...nee wen MOM re evp.a 3,) • NI-- . -- roes 0 Disparli Law Group Sponsored by: City Manager. Copt,. Resolution No. 10-8170 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT THREE (3) APPLICATIONS TO MIAMI-DADE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE FY2011 NON- HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT OF FIVE MILLION DOLLARS ($5,000,000.00); PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Miami-Dade County CDBG Program allocates block grant funds from HUD to not-for profit community based organizations,municipalities,etc., that benefit low and moderate income residents; and WHEREAS, the City of Opa-locka will use the CDBG funds to address gaps in current active projects' budgets; and WHEREAS, the City Commission of the City of Opa-locka authorizes the City Manager to submit three(3)applications to the Miami-Dade County Department of Housing for the CDGB Program. 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 directs and authorizes the City Manager to submit three (3) applications to Miami-Dade County Department Of Housing And Community Development for the FY2011 Non-Housing Community Development Block Grant (CDBG), in the amount of FIVE MILLION DOLLARS Resolution No. 10-8169 ($5,000,000.00); Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 8th DAY OF December,2010. (14;YRA AYLOR MAYOR Atte to: Deborah S.Irby City Clerk Approved as to form and legal sufficiency: l ) ! 1110 II , Jo. p S 1,9-!' - C I, Attu ey Moved by: HOLMES Seconded by: TYDUS Commission Vote: 5-0 . Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES VP.LOCkq\ % f 0 , ona�� Memorandum TO: Mayor Myra L. Taylor Vice Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Co missioner Gail Miller FROM: ff!III c e Pa ergs 4 1ana er t3' g DATE: November 19,2010 RE: Resolution Authorizing Application to Miami-Dade County, Department of Housing and Community Development for the FY 2011 Non-Housing Community Development Block Grant(CDBG)Funding Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT THREE (3) APPLICATIONS TO MIAMI-DADE COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE FY 2011 NON-HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT UP TO FIVE MILLION($5,000,000.00)DOLLARS;PROVIDING FOR AN EFFECTIVE DATE. Description: Miami-Dade County's CDBG Program allocates block grant funds from US HUD to private, not-for-profit community-based development organizations, community development corporations, community-based organizations, municipalities and County departments for activities that benefit low and moderate-income persons. Applicants must show that they have other sources of funding as the County uses its federal funds to address funding gaps. Other funding must exist to ensure timely project completion. Activities must address a high priority need as identified by the Financial Impact: None. The CDBG funds will be used to address gaps in currently active projects' budget. Implementation Time Line: Immediately. Legislative History: None Recommendation(s): Staff is recommending the approval. ATTACHMENT(S): FY2011 Guidelines for Non-Housing Community Development Block Grant(CDBG)Funding Housing and Community Development 701 N.W. 1st Court• 14th Floor MI A M I•DADE Miami,Florida 33136 COUNTY T 786-464-2100 F 786469-2236 miamidade.gov Carlos Alvarez, Mayor July 14, 2011 Mr. Bryan K. Finnie Interim, City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Re: FY 2011 CDBG Contract— Lift Station # 11 Improvement Project Dear Mr. Finnie: This letter accompanies the FY 2011-Community Development Block Grant (CDBG) contract between your City and Miami-Dade County's Department of Housing and Community Development (DHCD). That agreement covers the $200,000 that the Board of County Commissioners approved for your agency's Lift Station #11 Improvement Project through Resolutions #R-179- 11. The individual(s) authorized legally by your agency's Board must sign and date all seven counterparts. Do not date the sentence that begins "IN WITNESS THEREOF, the parties hereto..." This will be completed by DHCD. Your organization's corporate seal must be affixed to all copies returned to DHCD. Please take the time to review the contract and corresponding attachments. You must return six of the seven contract copies to your Project Manager, Jesus Hernandez by July 22, 2011. Please ensure that you meet that deadline to prevent any delays in the execution of your agency's agreement or the processing of payments for the expenditures of your project(s). The following items contain the federal and DHCD. Regulations, policies, and procedures that apply to your City's agreement: X Policies and Procedures Manual X OMB A-122 X Revised CDBG Regulations (24 CFR Part 570) X OMB A-133 X OMB A-110 X F.S. 607.124 _Revised HOME Regulations (24 CFR Part 92) Please contact Jesus Hernandez, at (786) 469-2131, if you have any questions regarding the agreements or the project's budget. Sincerely, / � d Cordella Ingram Supervisor CI/jh Enclosures Resolution Number#R-111 Duns Number#083111823 Awarded Amount§2 00 000 CDBG 2011 FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT Municipalitiy CONTRACT BETWEEN MIAMI-DADE COUNTY AND 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 C of Opa-lo ka, hereinafter referred to as "Awardee" and having offices at 780 Fisherman Street 4th Floor 0.a-locka FL 33054, and telephone number of 305 953-2895,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 Community.Development hereinafter referred to as"DHCD,"and having its principal offices at 701 N.W. 14th Floor,Miami,Florida 33136,collectively referred to as the"Parties." g p p g 1 Court, 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 to others under the Charter shall be performed under the supervision of the Miami Dade County and y 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 Housing urban communities;and f 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 000 of CDBG funds to the Activity Lift Station #11 Improvement Project located at 780 Fisherman Street 4` Floor O.a-locka FL 33054. 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 II,W(2)(a)(1)_(2);and 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 Page 1 of 38 business located in Miami-Dade County from which the Contract or Subcontract will be performed. Low-and Moderate-Income A person or family whose annual income does not exceed 80%of the Individual or Family median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Very Low Income Individual A person or family whose annual income does not exceed 50%of the or Family median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Contract Records or Any and all books, records, documents, information, data, papers, Agreement Records letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. 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. Policies and Procedures DHCD's Policies and Procedures Manual f/k/a Contract Compliance Manual Manual may be viewed and downloaded at http://www.miamidade.gov Iced/PnP.asp Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for Subconsultant the purpose of performing work or functions cited on the Action Step Format(Attachment "Al)of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee. 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, 14`h 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 Page 2 of 38 applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. Any changes to the required insurance policies, including coverage renewals, must be submitted to 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(I) 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 (LMI). (See Attachment B-2). Awardee shall execute and deliver to the County, simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant to this Agreement in the event that Awardee fails to meet the national objective.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 Page 3 of 38 FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee pursuant to this Agreement. F. Documents and Reporting Requirements The Awardee shall submit documents to DHCD or report on relevant information to DHCD as described below or 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.Please refer to Attachment B-1(1),for insurance requirements. 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 10 days after the quarter ends.. 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: 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. Page 4 of 38 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 Ill-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 10 days after the first and the third quarter ends. 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 10 days after the first and the third quarter ends. 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) day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section II, Paragraph F.2.a and Paragraph F.3. 3. Annual Report (Fourth Quarter Progress Report)-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, 2011 through December 31, 2011 and shall be received by DHCD no later than 10 days after the year ends. 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 Page 5 of 38 Conditions Statement will be prepared. The Environmental Review is to be prepared on information contained in Attachment D,"Information for Environmental Review Form." Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval,and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the proiect is conditioned on the County's determination to proceed with,modify or cancel the proiect 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: 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. Page 6 of 38 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 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 Policies and Procedures Manual found at http://www.miamidade.gov Iced/PnP.asp, which are incorporated herein by reference, receipt of which is hereby acknowledged,and as they may be revised. Page 7 of 38 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$200,000, 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. 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. Page 8 of 38 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 contract entered into based upon a false affidavit,as listed below,and submitted pursuant to this resolution shall be voidable by the County: Page 9 of 38 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 Awardee must achieve the following national objective; Page 10 of 38 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 Planning and Outreach Division 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 Page 11 of 38 Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial,ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88-352 and Public Law 90-284 successfully meet these requirements. The Awardee shall submit to 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 their 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 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. -iowever,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. Board of Directors f 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. 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. Page 12 of 38 7. The County shall have the right to assign the Professional Staff and provide Technical Assistance from 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 step format of this agreement. Such involvement may result in a reduction of a maximum of 5% of the Agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by such staff.. 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 Page 13 of 38 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. 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 four years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 10. The Awardee shall ensure that its auditors share their audit results with and must submit the audit report to 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. Page 14 of 38 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. 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 Page 15 of 38 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 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. Page 16 of 38 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 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. Page 17 of 38 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, ransactions,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 uocurnents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. independent Private Sector Inspector General Reviews Pursuant to Miami-Dade County Administrative Order 3-20,the Awardee is aware that the County has the right to retain the services of an Independent Private Sector Inspector General(hereinafter IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services.The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Commission Auditor Access to Records Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this Agreement. Page 18 of 38 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 II,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 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 Page 19 of 38 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 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 Page 20 of 38 above and acquires information which may indicate that there may be an actual or apparent violation of any of the above,Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. Intentionally Left Blank U. Publicity,Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development(US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets,wall plaques, 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. 170lu (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. Page 21 of 38 2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement,the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. 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 Page 22 of 38 • execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it • appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W. Property 1. Definitions a. Property.As defined on page 2 herein. b. Real Property: Land, land improvements, structures,fixtures and appurtenances thereto,excluding movable machinery and equipment. c. Personal Property:Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents,inventions,and copyrights. d. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of$1,000 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure,facility or another piece of equipment. e. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved by Awardee or 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 Page 23 of 38 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. 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. Page 24 of 38 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. a. The Awardee shall comply with the Program Income provisions in DHCD's Policies and Procedures Manual. If any Program Income provisions of the Policies and Procedures 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. Page 25 of 38 i- 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 Policies and Procedures Manual. Z. Subcontracts and Assignments 1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634-93,Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https://www.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.qov/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 Policies and Procedures Manual. c. Identify the full,correct,and legal name of the party. d. Describe the activities to be performed. e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or 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; Page 26 of 38 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. 9. Incorporate the language of Attachment E, "Certification Regarding Lobbying." h. Include language stating that the Subcontractor understands and agrees that the County is not a party to the subcontract and has no obligation to the subcontractor. i. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Awardee and its subcontractors and suppliers,shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of three(3) years from the expiration date of this Agreement and any extension thereof. 2. The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g,, social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. 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 $200,000 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. Page 27 of 38 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 checks paid to all subcontractors and suppliers,all release of liens from all subcontractors and suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder,nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this 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 Policies and Procedures Manual. 8. Any unexpended funds remaining after the completion of the services under this Agreement, or after termination of this Agreement, shall be recaptured in full by the County. 9. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this Agreement, Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a Page 28 of 38 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 Development Bank Account permitted by the first mortgage lender at the discretion of the County. III. THE COUNTY AGREES: Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions contained within this Agreement in an amount not to exceed $200,000. "Please be advised that the US Congress has not approved the FY 2011 budget for CDBG at the time of this contract execution, and in fact Congress may reduce funding intended for this program, which may impact the award. The parties to this agreement understand that the amount of this award is anticipated funding and is subject to availability." IV. THE AWARDEE AND DHCD AGREE: A. Effective Date 1. This Agreement shall begin on January 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 December 31,2012. 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. Page 29 of 38 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. 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. f. Any anticipated or pending bankruptcy,restructuring,dissolution, reorganization, appointment of a trustee or receiver. g- Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h. Awardee fails to report to the County within ten (10) days any bankruptcy, reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis pendens, foreclosure action or legal encumberance related to the Awardee, Related or Affiliated Party or the Property, or any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement. Failure to comply strictly with Section II,W(2)(a)(1)-(2)of this Agreement. 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 Page 30 of 38 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)business 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 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. Page 31 of 38 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. 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 Page 32 of 38 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 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 Page 33 of 38 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 Policies and Procedures 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 business 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. This contract may be executed in counterpart copies, and these counterparts shall together constitute an original of this Agreement. I• 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 Page 34 of 38 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: City of Opa-locka 780 Fisherman Opa-locka,FL 33054 Attn: Mr.Bryan K.Finnie,Interim City Manager COPY TO: Attn: 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 1st 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,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. Page 35 of 38 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. 0. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement, including any rights,title or interest therein,or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. P. Third Parties - This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. Q. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof,shall survive termination, cancellation or expiration hereof. R. 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. Page 36 of 38 S. All Terms and Conditions Included This Agreement and its attachments as referenced(Attachment A-Scope of Services;Attachment Al — Action Steps; Attachment B - Budget; Attachment 8-1(l) 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. T. Conflict In the event that a conflict arises between any prior funding documents and/or agreements governing this development, the terms, provisions and definitions included in this Agreement shall prevail. In the event that the Subsidy Layering Review(SLR) 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. U. Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein,the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. V. Survival The parties acknowledge that any of the obligations in this Agreement, including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement, which by nature would continue beyond the termination,cancellation or expiration thereof,shall survive termination,cancellation or expiration hereof. W. Corporate Governance A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, 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. Page 37 of 38 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 City of Opa-locka BY: BY: NAME: Bryan K. Finnie NAME: Carlos A.Gimenez TITLE: Mayor TITLE: Interim 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: 596000394 Resolution#: #R-179-11 Awardee's Fiscal Year Ending Date: CORPORATE SEAL: AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES Page 38 of 38 M LAM I-I * COUNTY CITY OF OPA-LOCKA FY 2011 Scope of Services January 1,2011—December 31,2011 1. -ACTIVITY TITLE: Pump/Lift Station#11A Rehabilitation Project 2. -ACTIVITY DESCRIPTION: Rehabilitation of Lift Station #11A is a Water and Sewer improvement that will benefit low—and moderate—income residents and businesses and will stimulate economic development and growth in the City. 3. -APPROVED BY BCC: $200,000 4. -SOURCE: CDBG 2011 5. -HUD INFORMATION: 5a.—HUD matrix code: 03J 5b.—Title: Water and.Sewer Improvements 5c.—Eligibility 570.201(c) 6. -ACCOMPLISHMENTS: 6a.—Number of Units: 1 6b.—Type: Facility 7. -NATIONAL OBJECTIVE: 570.208(A)(1)—Low/Mod.Income Area(LMA) 8. -ACTIVITY ADDRESS: 780 Fisherman Street Opa-locka,Florida 33054 9. -LOCATION: NRSA-Opa-locka CO: City of Opa-locka PLANNER: Gerald Lee Nm o ° z z R-43 N ° O p ° m,. -i m N yA y o 0.7' z� r74....,.' ti v ` m,: D y m m''<_ m3 o z 2, -4 a m t..�: D L ••:::,.c H O ZA li'20 VA1 E*N 0 3GD V : m m O➢L m A v ' VO D O V m c m m p 13 p n p O A -; m T A Y °A , 5 A E,3 D O° = cc " 2 z1m 1o � 0 ' m3 vm v z Di zmmO .r pOm 00 m y mZDz 2 T Z m z '➢' Z Z V-IO n ° V NDy O0 T n s 0 3 :m Z ° O r m y Z- m >0 p ;m O -1N o y A pm -n c O ° mm M A :�A O n< o vT ; O-ix,2 O :;y 2- :y z A n m to N m c N m A , z N v :`m p %m o ` m m t`1 O p m A !' 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I Z C O N i. ; .�� � ; .: mO D ,2` ti Z < 83 1 O rr 82 ,K 61 p p 2 O oO <a ;O > r m 0-C ' y A Z? �"lx �l o <r y ? 2 p O <,?p' '- F D zo o mh AF z r P as O°W 2 y ,,47 .21.F m, O z y m mO m T O v m m2C..gi mo 3■ < 2 , o„'c 3a{z CO� L � FM o ? rC° Z 2 . Z O° N n 0 < A °m y z o z o 1 ?.x� to y -1 r W O,m p OZ K O ., a ,m O r2 K O _, T7 • m Z r= C~ O 3 �� ,. p A m '0 p 2 8 51 A F, > 2 n a m m g3-1 v a 2 ■ Z °' K O y D 'N O O n13, m — m A pm � N la, 3 O2,-, D{ T A O °m T p m m O V O z {F � D T a a y V a y m a O YA4.9.:,-]..;. ZS r �' D y:: K 7 -<” T � Z 2 ` l x , �,! ,, D N o : N : 2g a j ,,' r - p 1' 0 Y O T A � Hl ',,i4 , N O T m m ce ' N - m' ;3 .' W � y z n ' Nr p n N O m a " ( 3 a ° A - 0 ' of .k M,2Kt g {. 0:4„; m r3 , C , ' zh tx . z c n 5- it, , n zI ^ uo ?.m r 2 A, m 3 .: N m y 3 miZl, y Z m Z m m Z O Z r Z S D C T 1 3=3 Co N y T S { R % .3 m ��. m = Z, < 0 = O VI a ra T V 1 3o n n G.,., m: t Co p N.- p: . xs 3 3 M z- s ` D a o '::: . ........ y.' m c '' -y N 2. A Co z. Co i ,gn- . O C), I E CI-LI :emu.._ I— :.; s = 00 T * C' - Cw W 1 : r+�'CD 5 �su o A -0 § 2 0 °' N 5 m i �-_ p - CO mah - — N = Gg1-0 . .s p ro co O s'ifili.:**.',24.--:::: CD < o CD 0•■ iU e N N C C . .9 O 0 O ■ T P' . V"ca N 2.w ti O c. O ' CO 1. , v ER EA 4f) ev , 01 al N a i O " C) 0 0 0 09, n O 0 0 IAMI•D COUNTY ATTACHMENT B-1(I) INDEMNIFICATION AND INSURANCE REQUIREMENTS Government entity 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 Government entity or its employees, agents, servants, partners principals or subcontractors. Government entity 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. Government entity expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Government entity 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 as herein provided. The Government entity shall furnish to the Miami-Dade County, do the Department of Housing and Community Development, 701 NW 1st 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. Completed Value Builder's Risk Insurance on an "All Risk" basis (when applicable) in an amount not less than one hundred percent (100%) of the insurable value of the building(s) or structure(s) as determined by Miami Dade County. The Policy will show Miami-Dade County as a Loss Payee A.T.I.M.A. 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 Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida, Department of Financial Services 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. NOTE: CERTIFICATE HOLDER MUST READ: MIAMI DADE COUNTY 111 NW 1ST STREET SUITE 2340 MIAMI, FL 33128 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/ % Description of Units Set-Aside Units Feet Net Rent Amount A of AMl Ef icien /Studio $ 1 Bedroom/1 Bath 2 Bedroom/1 Bath $ °k 2 Bedroom/1.5 Bath oh 2 Bedroom/2 Bath yo -3 Bedroom/1 Bath $ 3 Bedroom/1-5 Bath 3 Bedroom/2 Bath oh 4 Bedroom/2 Bath $ 4 Bedroom/2_5 Bath Other • TOT kG.. ....--.•. 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 rine the l Schedule of Units referenced herein. b. At the very minimum, the Awardee shall be require d 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. 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 extension request is not timely submitted, the funding award shall be automatically forfeited by Awardee. a d y 3. The Awardee.shall obtain prior written approval from DHCD before undertaking 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 closing. The Awardee shall send DHCD notice of such changes within thirty(30)days of any 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 recived pursuant to the funding sources. 5. The Awardee shall forward to DHCD within fifteen [151 days of execution of this contract an Affirmative Marketing Program to attract and identify prospective renters 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 Projet. The Marketing Plan should include efforts designed to make such persons/groups aware of the available housing, including, but not limited to the following activities: Submit proof of advertising in The Miami Herald, Diario Las Americas and Miami Times,in an effort to afford all ethnic groups the opportunit housing. The Awardee shall provide proof of other specialomarketing efforts including advertising Multiple Listings Service (MLS) through a licensed real estate professional. 6. The Awardee shall provide DHCD with a complete set of permitted plans, aroved specifications, and permits for each building or unit model, as applicable,pp approval by the appropriate controlling municipality prior to Commencing g 7. The Awardee shall provide to DHCD for approval prior to awarding the construction contract for the Development, the name of the General Contractor. 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 irrevocable Stand-by Letter of Credit may be accepted in lieu of of P&PB1eIn such event, the Letter of Credit must be issued by a Florida chartered bank or national 2 bank op, :ing 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. 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 wilting within fourteen (14) days of any ke personnel or location changes in the management company. y y 12. During the Design Stage, the Awardee shall obtain Professional Liability Insurance i the name of the Awardee or the licensed design professional employed by e Awardee in an amount of not less than $250,000, and shall furnish to DHCD the relevant Certificates of Insurance evidencing the•prescribed insurance coveaD the accordance with ATTACHMENT B-1 of this contract. ge in 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 loan, all required loan documents have been recorded, and the Awardee has timely submitted funding draw requests and relevant invoices in the the prescribed manner and as satisfactory to DHCD. 5. DHCD shall notify the Awardee of any address/location changes to DHCD's c information within forty-five(45) days of its occurrence. ontact, D. NATIONAL OBJECTIVE In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee 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 its sole discretion that conclusively demonstrates that each activity assisted in whole Cor in part with CDBG funds is an activity that provides benefit to persons where no less than 51% of those beneftted 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 Zov9---50%and 80%of AMI Income Thresholds by Household Size (NOTE: Income Limits subject to change annually.) Person 2 Person 3 Person 4 Person 5 Person S Person 7 Person 8 Person 23,600 26,950 30,350 33,700 36,400 39,100 41,800 44,500 37,800 43,150 48,600 55,950 58,250 62,600 66,900 71,200 Source: http://www.huduser.org/publications/commdevl/nsp.html The Awardee ma achieve the LMI national objective b undertakin o activities fall under one of four 4 rims LMI ca a ones: that 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 rdsidents in a particular area, where at least 51% of the residents are LMI persons. The service area of the activity must be primarily residential and the activity must meet the identified needs of LMI persons. A service area is considered to meet the test of being LMI if at least 51% of the persons residing in the service area are low- to moderate-income, as determined by: a. the most recently available decennial Census information, together with the Section 8 income limits that would have applied at the time the income information was collected by the Census Bureau; or b. a current survey of residents of the service area. If the proposed activity's service area is generally the same as a census tract or block group, then the Census data may be used to justify the income characteristics of the area served. 2. To benefit Low Mod Limited Clientele (LMC) For activities designed to meet the LMI national objective category of Low Moderate Limited Clientele (LMC), the Awardee shall ensure and maintain documentation, acceptable to 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 LM1 persons. Activities in this category provide benefits to a specific group of persons rather than everyone in an area. It may benefit particular persons without regard to their residence, or it may be 4 an activil,_..nat provides a benefit to only particutepersons 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 IL 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 LM1. 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 u..aer 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 �''��'�`���� PROGRESS REPORT. FY 2011} "�. �`���,. [ ) ❑2 Quarter[Apr-Jun]5 ❑1stQuarter Jan Mar 2nd [ p ] ❑3"1 Quarter t Jul-Se 4it0 �°�;cr 6 F '. 9 �4; f 3 P) ❑4th Quarter(Oct-Decj/Annual Report Recipient Name(Organization): a :4 f >e r.�,, r hip y �. Contact Person(Name&Tilley Activity Name(Project Title): Telephone Number: Activity Address: Activity Description: Activity ID#: Index Code: Funding Source: Funded Amount: $ Activity Category: 0 Administration 0 Capital Improvement ❑Economic Development ❑Historic Preservation Objective: .0 Create suitable living environments ❑Housing ❑Public Service ❑Provide decent affordable housing ❑Create economic opportunities Outcome: ❑Availability/Accessibility ❑Affordability ❑Sustainability s_, itt ti:-'`,�'s�`"a� ;; t c,�'3 Y .h1 ACTUAL - G _ H- CATEGORY APPROVED TOTAL REIMBURSED CUMULATIVE PROJECTED PROJECTED BUDGET EXPENDED EXPENDITURES CUMULATNE PERCENTAGE EXPENDITURES [This Quarter] CUMULATNE CUMULATIVE — — tn�roaUn end of this quarter! [Through end of this quarter) to&DI Next Quarter! EXPENDITURE Personnel $ $ pay end of Contract Period] Contractual $ $ $ $ Operating Costs $ $ $ Commodities $ $ $ Capital Outlay $ $ TOTAL $ $ $ $ — $ Program Income•The disposition of Program Income not specifically-- - — `— fisted in the approved Program Income budget requires prior written 1.Does this activity generate Program Income? Yes approval from OHCO. 3.If yes,was written approval granted by DHCD to use the Program Income genelrated from this activity? this quarter. $ If yes, fJi�tfach copy of approval letter and related document.If no,a written ty- ❑Yes ❑ No ❑N/A Miami- Dade County for the generated Program Income must be submitted quarterly in request with the terms of the contract•the Program Income must be submitted to DHCD-or-a check '�•€�rg� � �_,;.�?„�.� -� Check Attached?0 Yes -Q No payable to Miami- '_.9T�. � � .. '�,-s.?�, orySr_,;recr i�i.y;.��#3�;a-�a �. �c�.l r 1- t ❑N/A x ._ nom-ss'_ aw � j � yZ:VQZ i-3` i!' `f3,ct :tg ` r NA' r 1.Activity Status: ❑Cancelled []Underway � ��` �v"(a.�� u>�� � �`���;��_� - y ❑Completed 2.Environmental Status:❑A-Exem t 3.Is this activity still in compliance with the original project schedule? ❑Yes ❑No P ❑C=Completed ❑D= Underway 5 t .s RYt- 77 .-.-q- 1S-°'r-c .. .t.,i*:g\ p:: ,s4,':::� ,1':._?.3dt i giv-- . 'g x9 %-i S iz151 �v"S� .:.. + ,_,,,l'} e y �� 'a i,: . w�� t-_ ° : ,.`�-2�'�.,��..,.;�H E ��. � r. ���.Tom.. ;��Yksa. �„ .irf` Y-'�r.� � i��e w n'�.'� r:S-s"rr�3''+" 1y'7 v Z_. ,. .e,r.IW i�°�.-' 1L', .'�lcf:: goiuZe{ia-'--+�.t�`_z'`"1 M 'MM1 c.,5 .:f0 Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure&Progress Report 09 Po• [1..R 6/0.3t111 COUNTY: P r GRESS REPORT.FY 201 ' ies_.Cnpt rte',-'° , ci s rEtm r.,�. .t•ro_.r e i:' 1* anttdpdf a t a S ,,P'_ F a x: ;, �-Ss�14a:'�.; },.1 �r��A.nY[F„r��"�s.t- az li•'�"�rvs �air `3c�.tt,�...- t vsr '. ,_ ailara. M .,�%,¢.- = ."_AccomplfshmentType- ❑People[oil ❑Households(04] ❑Businesses PI ❑Organizations[os ❑Mousing Units[tot (]Public Facilities[t1] ❑Jobs 113] National Objective: ❑Area Wide Benefit[e.g.Ai L.MAT`x,LMAFI LMASA,SBA] -or- ❑Direct Benefit[e.g.LMC,LMH, LMJ]y t -r 1 r- r- i :r r t _ mss., a,t ter F: d•.tzt . ,t u 1 r rz• -Housin Units Owner Rental Etter I Peo.le Households L--Y_ Total Projected Goal _ � Total People Cow/Mod Total Low/Mod Female f Households , Headed Actual This Quarter* I---1 Projected Goal — Actual Cumulative --� Actual Quarter* ----� Actual Cumulative i m ' `Supplemental Form r Required—Attached Y/N: — � (1)Performance&Benefit Data:Housing *Supplemental Forma Required—Attached Y/N: • Note:HOME funded projects must submit applicable activity setup form. - (1)Performance&Benefit Data:Public Service&Administration 0-or (2)Performance&Benefit Data:Capital Improvement&Public Facilities❑-or- (3)Performance&Benefit Data:Housing❑ Note:HOME funded projects must submit applicable. . activ ity ty Set up foa r t s �• `�� ���i�x �, " Aii �y F�1:t 7::;}k� ;� c,,,-[,,,,,;,,:,- 1 ✓±r : ✓r 7 : 6 t'c°• { '7a•. y - a Y, I! Jobs Created - `� _ fl Jobs Low 1 Mod PT Jobs Low/Mod MEMENIMINIIIIII Projected Goal _ I Total Actual This Quarter* _— Actual Cumulative *Supplemental Form i Required—Performance&Benefit Data:Economic Development—Attached Y/N: ■ PERFORMANCE CERTIFICATION: ❑This certifies that No Accomplishments occurred during this Quarter. NOTE: Submittal of Supplemental Form—Performance&Benefit Data is not Initials CERTIFICATION required at this time based on the certification that no accomplishments occurred during this quarter. This is to certify that the data and other information provided in this Report is correct,based on official accounting system and records,and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by: Print Name Title: Date: Signature of Certifying Official: Title Date: i=i @. .rp'�} fr��r"`act- JS..s.Y 'x .a :=K ,.-� L x� `Y r L e..:--i- .3 e y - s,� .31 Fi$ `�° -_ ^�� ����� x Activity IDIS Number Report Ei is/❑is not complete • Report []is/ ❑is not accurate • Initial review for completeness and accuracy completed by: Jame: Date: Name: Contracts Officer Date: Team Leader/Supervisor Department of Housing and Economic Development Page 2 of 2 Quarterly Expenditure&Progress Report[LR 6,03/11] COUN�TY'M --rr•�•••�••<.� utuar wiry penuaure ana Progress Report• FY 2011 Recipient Name: Activity Name: � �€"ona Activity ID#: Activity Category: 1a Quarter[Jan-Mar_.�.0 2na Quarter[Apr-Jun_ HUD Activity Matrix Code: ❑ Accomplishment Type: 3rd Quarter[Jul-Sept ❑ HUD Matrix Code Description: 4th Quarter[Oct-Dec]/Annual Report ❑ PROJECT TYPE: MEASURES: ACCOMPLISHMENT UNITS COMPLETED: ❑Acquisition 1 Disposition ❑Structures•❑Parcels _ #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 0 #of Persons Served Building/Type: Facilities•Persons Served •Low/Mod Income #of Low/Mod Income ❑Other Capital Improvement/Type:rinds below) Persons Served•Low&Moderate Income PERFORMANCE MEASUREMENT&ACCOMPLISHMENT INFORMATION Instructions&Applicability:National Objectives include LMA,LMC,LMH,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 DIRECT BENEFIT INFORMATION RACE/ETHNIC CATEGORY - Instructions:Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total From the total number depicted in each Racial Category,indicate the numbers that are of Hispanic Ethnicity for this reporting period and the cumulative total. RACIAL CATEGORIES Racial-Categories • Ethnic Category Racial Categories Ethnic Category ±` Total Number _ Number Hispanic .Total Number Number Hispanic White[11] Black/African American[12] _ Asian[13] American Indian/Alaskan Native[14j Native Hawaiian/Other Pacific Islander[15] - American Indian/Alaskan Native&White[16] Asian&White[17] - Black/African American&White[18] - American Indian or Alaskan Native&Black/African[19] Other Multi Racial[20] _ Totals - 'erformance&Benefit Data:Capital Improvement&Public Facilities[LR 613111] Page 1 of 2 Supplement to Quarterly Expenditure&Progress Report •a—mt"■■" `' ' , oupplement to Quarterly Expenditure ar "'progress Report • FY 2011 COUNTY DIRECT BENEFIT INFORMATION[CONTINUED] DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION R TIVRIOD OTA-S CUMUJ IYEt 1 ACS," REPOl iPER1 n TE ALS„ CUMULATIfif TOTALS.Income Categories Total Number Total Number Other Categories Total Number Extremely Low(30%or less) Total Number Low(31%-50%) Total#Benefiting from the Activity Moderate(51%-80%) Non Low/Mod(81%or greater) #of Female Headed Totals Households AREA BENEFIT INFORMATION Census(C)or Survey(S)Data Used: 11(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: PART 3-LEVERAGING OF FUNDS(Other Funding Sources] ` $ 1.CDBG Funds $ 5.Other Federal Funds $ 2.HOME Funds $ 6.State/Local Funds $ 3.ESG Funds $ 7.Private Funds $ 4.Section 108 Loan Guarantee $ 8.Other: Name of Funding Source $. Total Funds Report Prepared by: Title: Date: Print Name Signature of Certifying Official: Title:. Date: xrformance&Benefit Data:Capital Improvement&Public Facilities[LR 613/111 Page 2 of 2 .Supplement to Quarterly Expenditure&Progress Report GENERAL CDBG INTAKE ELIGIBILITY, ,RM LMI LIMITED CLIENTELE(LMC)/JOBS(LMJ)/HOUSING(LMH) NAME: PHONE: DATE: ADDRESS: ZIP: Head of Household: ❑ Male/❑ Female Race/Ethnicity: Do you consider yourself to be Hispanic?❑ Yes/❑ No Please check the race category which applies to you: ❑ White ❑ Asian&White ❑ Black or African American ❑ Black or African American&White ❑ Asian ❑ American Indian or Alaskan Native&White ❑ Native Hawaiian or Pacific Islander ❑ American Indian or Alaskan Native ❑ American Indian or Alaskan Native& ❑ Other Black or African American List Yourself and all Other Persons Occupying Home Relationship Sex Age Employed(Yes/Nom 1. Yourself 2. 3. 4. 5 6. 7. 8. - _PM l ii rz T , : Bi F .? _,S t'f�f.. ,f ;.t L ., :._L £'Y �_us�CZ�--S�1..�._tF�. ,r",z,. , � , `--I' �_.�Ir ic The assist-awe you receive is determined in part by the size of your household and your income.All income and assets will require verification before. eligibility will be granted.Income includes all money coming into the household from all persons over 18 years old.Wages,salaries,tips,commissions; Self-employment income;Retirement,Survivor,or Disability pensions;Social Security or Railroad retirement;Supplemental Security Income,Aid to Families with Dependent Children(AFDC),Temporary Assistance to Needy Families(TANF),Food Stamps,or other public assistance,or public welfare programs;Interest,dividends,net rental income,or income from estates or trusts;and any other sources of income received regularly,including Veterans'(VA)payments,unemployment compensation,alimony,and child support must be disclosed. Household Member Source of Income Gross Monthly Amount Received 1. 2. 3. 4. 5. Income Eligibility Acceptable Documentation:Copy of Pay Stubs,Assistance to Needy Families(AFDC)or Temporary Assistance to Needy Families(TANF)Official Printout/letter,Food Stamp Official Printout/letter,Letter confirming amount of unemployment benefits received,proof of child support or alimony,proof of SSNSSI or Veteran's Benefits,or proof of retirement income. I,the undersigned applicant,do hereby authorize to verify-cn investments.It is understood that this authorization is granted for the sole purpose certifying my personal records;including na i wages;nce,and that granted p rpose of certifying my eligibility for:federal financial assistance,and that all. information acquired in this regard will remain confidential, BY MY SIGNATURE,I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I AM AWARE THAT IF I MAKE ANY WILLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY,I MAY BE PUNISHED WITH FINES OR IMPRISONMENT OF UP TO 5 YEARS,OR BOTH,UNDER SECTION 1001 OF TITLE 18,UNITED STATES CODE,AND I ALSO MAY BE SUBJECT TO CIVIL AND/OR ADMINISTRATIVE PENALTIES AND SANCTIONS. Signature of Applicant Date CDBG INCOME ELIGIBILITY Activit classified under famil size and income 24 CFR 570.208 Activity is classified based onincome ell ibilit 24 CFR 570.208 a 2 i B 24 CFR 570.506 b 3 iii . requirements that restrict it exclusively to low and 24 CFR 570.208(a)(2)(i)(C) 24 CFR 570.506(b)(3)(iii) moderate-income •-rsons DEFINITIONS/24 CFR 570.3. Emily means all persons-living in the some household who are related.by birth,marriage or adoption. Household means all fhepersons who occupy:a housing;unit The occupants:may be a single family;one person livin ion two or more families.living together or anyother group ofrelated or unrelated personswtio share_livin arraii : e' i . income For the purpose of detertnning whether aJfainily or household is low-and moderate income.under!subpart C.offtiis• .part,grantees may select•artyof the three definitions listed below for each:activity,.except that urte rall ,related:activities of the I .same type and qualifying under the same paragraph of 570 21)8 a shall a,se the-same definition o income:The.option to:dhoose a.definition does not apply to:activltiesthat._uai under 570.20(a ,a (Area benefit activities);.except when the recipient oarries out asurvey..under 570 20$a' f vi:Activities: all in under 570 208(a)(1)generally Mustuse.the area income data � i to recipients by HUD The three def nitionsare as follows: • - supplied (t) Annual:income as defined under the 8 Housing Assistance Pa ents r the CDBG assistance being provided is homeowner rehabilitation'under 570.202-the value of the homeowner's primary yt if 1 residence may be excluded from any calculation of htet Family.Assets);.or .: Estimate the,annual income of a family or household by projecting_the prevaili rate of income of each .erson at the time '• assistance is:provided for the individual,family;or household:as a licable):n9. p I Estimated annual income shall include income from all family or h usehold members,as applicable:Income or asset enhancement derived>from:the CDBG-assisted:activityshall not be considered in.calculating estimated annual income. 3 ` Low=and•rnoderateAricornebousehold means:afiousehold having an income equal to.or less than the Section:8 low-income - limit established by HUD 1 Low-and moderate-income; erson means a member of a family having an income equal to or less than the Section B law-I income limit established by HUD.Unrelated Individuals will;be Consiidered.as one-person;families for.:this purpose. . Low4nconiehouseheld means:a household having an inc me.equal to or less than the Section 8 very low-income:limit established by HUD. Low;intone person means a member of a family that has.an income equal to orlessthan the Section 8 very.low-income limit I • established by HOD.Unrelated individuals shalt be considered as one-person families for this purpose. INSTRUCTIONS FOR IMPLEMENTING AGENCY 1 You must first seek third party verification.This is a verification.that is received directly from the source of j income.The request can be by mail,fax, or email. ltmust be clearly evidenced that it was received from , 1 the source. ; I i • Back Page CDBG Income Eligibility Form • -�++nvLtL1L'LV 1 U DEPARTMENT OF HOUSING MIAMI-DADS &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 the environment. , or Part I. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: ❑ CDBG ❑ HOME • ❑ HOMELESS (SRO/SHP) ❑ HOPE VI NSP ❑ ❑ EDI ❑ BEDI EZ ❑ 2. Indicate Fiscal Year: FY 20 3. Name.of Subrecipient/Agency: 4. Name of Proposed Activity: 5. Location Address with Ci ,ST and Zi• of Activit or Pro'ect: 6. Site Folio Number(s): 7. Commission District(s): 8. Direct Contact information of loan/grant recipient: Name: Address: City: i State: Phone: Zip: I Fax: Fonn Revised 11!09 9. Detailed description of activity or project: 10. What is the purpose of the activity or project? For example, Public.Service,Economic Development, Historic Preservation,Capital Improvement, Housing,etc. 11. What is the status of activity or project? For example,Pre-Development Phase, Rehab/Construction Underway, Rehab/Construction Completed,etc. Part II. PROJECT OUTCOME Will the activity or project result in the following? • YES NO 1. Change in use - 2. Sub-surface alteration(Le.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 improvements 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). 2 Part III. SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and proposed land use: • Existing? • • Proposed? 2. Site Plan: Does the proposed activity include a new structure(s) or site improvements on a site of one (1) acre or more? ❑ YES ❑ NO If 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 orrehabilitation? ❑ 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 ❑ NO 3 If yes,what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? In addition,indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structures) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management(DERM), Florida Department of Environmental Protection(FDEP) and US. Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the.soil. Has a Phase I been performed? ❑ YES ❑ NO 6. Environmental Health Information: • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES ❑ 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? D YES ❑ NO If yes, please submit the results. 4 7. Other Site Information: 1. Flood insurance required? YES NO 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 structures)on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service,an itemized budget, and a site plan. 3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION 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 v.✓ TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT* CENST** CEST*** EA**** Economic Development - New Construction X Rehab X1 X2 Non-Construction/Expansion X Housing Single Family Rehab X Multi-Family Rehab Xl X2 New Construction X Homeownership Assistance X Affordable Housing Pre-Dev. X `Capital Improvement _ Handicapped Access X Public Facilities X, X2 Infrastructure X1 X2 Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice/No Publish Notice/No Notice/No RROF(No Statutory FONSI and RROF RROF Requirement Triggered) NOI/RROF Or Publish NOl/RROF (Statutory Requirement Triggered) I Estimated Time Frame(Excluding 30-45 Days 30-45 Days 45-90 Days 90 Days Triggered Statutes) , 1 I I Minimum Xl If for continued use and change in density(or size)of less than 20% X2 Change in density(or size)of more than 20% * Exempt Exempt Activities ** CENST Categorically Excluded and Not Subject to 58.5 *'* CEST Categorically Excluded Subject to 58.5 *Irk* EA Environmental Assessment(Format II) 6 tA, pi pi ) , ... COPNTY ATTACHMENT E AFFIDAVITS • Miami-Dade County Affidavits The contracting individual or entity (government or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. Read carefully each affidavit to determine whether or not it pertains to this contract. I, , being first duly sworn state; Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami-Dade County are(Post Office addresses are not acceptable): Federal Employer Identification Number(If none,Social Security) Name of Entity,Individual(s), Partners,or Corporation Doing Business As(If same as above, leave blank) Street Address City State Zip Code I.- MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT(Sec. 2-8.1 of the County Code) 1.- If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is.with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly-traded corporations or to contracts with the United States or any department or names and addresses are (Post Offices addresses are not acceptable): Full Legal Name Address Ownership % % 1 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 2.- The full legal names and busi:. .s address of any other individual (otter than subcontractors, material men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3.- Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty(60) days or both. IL-MIAMI-DADE COUNTY EMPLOYMENT.DISCLOSURE AFFIDAVIT(County Ordinance No. 90-133) Amending Sec. 2.8-1; Subsection (d)(2) of the.County Code. Except where precluded by Federal or State laws or regulations, each contract or business transaction or renewal thereof, which involves the expenditure of ten thousand dollar ($10,000) or more, shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State, any political subdivision, agency, or any municipality of the State. 1. Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. White: Males Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: Males Females Aluet(Eskimo): Males. Females Males Females Males Females III: AFFIRMATIVE ACTION/NON-DISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinances 98-30 codified at 2-8.1.5 of the County Code) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as condition receiving a County contract, have .1) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and 2) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women-owned businesses in its own procurement of goods, supplies and services. Such affirmatives action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate,in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representatives of the population make-up of the nation shall be presumed to have non- discriminatory employment and procurement policies and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 2 Microsoft Word/Affidavits 2006/Revised/mdm-01-042006 The requirements of County....:irdinance No. 98-30 may be waived uriteithe written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of$5,000,000 The firm does have annual revenues in excess of$5,000,000; however, its Board of Directors is representative of the population make-up of the nation and has submitted a written, detailed listing of.its Board of Directors, including the race of ethnicity of each board member, to the County's Department of Business Development, 175 NW ft Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of$5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic review to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development, 175 NW 1St Avenue, 28th.Floor, Miami, Florida 33128. • s The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. IV.-MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT(Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County: has has not of the date of this affidavit been convicted of a felony during the past ten (10) years. V.-MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT(County Ordinance No. 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall, inform the employee about: 1. Danger of drug abuse in the workplace. 2. The firm's policy of maintaining a drug-free environment at all workplaces 3. Availability of drug counseling, rehabilitation and employee assistance programs 4. Penalties that.may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding which is provided in whole or in part by the United States of the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those government entities. • 3 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 VI.-MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT(County Ordinances No. 142-91 codified as Section 11A-29 ET.Seq.of the County Code) That in compliance with ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty(20) or more calendar workweeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has serious health condition,without risk of termination or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VII.-DISABILITY NON-DISCRIMINATION AFFIDAVIT(County Resolution R-385-95) That the above names, firm, corporation or organization is in compliance with and agrees to continue to comply with and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment provisions of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: 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. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. VIII.-CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan documents with the County or any of its agencies or instrumentalities. 4 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 M _.„6, 1„;.114„,„ COUNT° X.-DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified at 11A-60 ET. Seq. of the Miami-Dade County Code) The firm desiring to"do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5; codified at 11A-60 ET.. Seq. of the Miami-Dade County Code, which requires an employer which has 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 proceeding calendar years,to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) pages document entitle Miami-Dade County Affidavits and have indicated by an "X" all affidavits that pertain to his contract and have indicated by an "N/A° all affidavits that do not pertain to this contract. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO(or affirmed) before me this day of 20 by . He/She is personally known to me or has presented • as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print of Stamp of Notary) (Expiration Date) Notary Public-State of (State) • 5 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1.- This form statement is submitted to by (Print individuars name and title) for (Print name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number(FEIN) is . If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement. 2.- I understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to, and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the.United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3.- I understand that "convicted" or "conviction", as defined in Paragraph 287.133 (1)(b), Florida. Statutes, means a finding of guilt or a conviction of a public entity crime, .with or without an adjudication of guilt, in a federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4.- I understand that an"Affiliate" as defined in paragraph 287.133 (1)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 moths shall be considered an affiliate. 6 Microsoft Word/Affidavits 2006/Revised/mdm-01-042006 5.- I understand that a "peron" as defined in paragraph 287.133 (10), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6.-Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies). Neither the entity submitting sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989_ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees,.members; or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with, and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTRING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of 20 Personally known Or produced identification Notary Public-State of My commission expires (Type of identification) (Printed, typed or stamped commissioned name of notary public) 7 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 AFFIDAVIT OL NANCIAL AND CONFLICTS OF INTEi 'ST 1.-Do you have any past due financial obligations with Miami-Dade County? Single Family House Loans YES NO Multi-Family Housing Rehab .CDBn Commercial Loan Project U.S.HUD Section 108 Loan Other HUD Funded Programs Other(liens,fines, loans,occupational licenses,etc.) If YES, please explain: 2.-Do you have any past due financial obligations with Miami-Dade County? YES NO If YES, please explain: 3.-Are you a relative of or do you have any business or financial interests with any elected Miami-Dade County official, Miami-Dade County Employee,or Member of Miami-Dade County's Advisory Boards? YES NO If YES, please explain: Any false information provided on this affidavit will be reason for rejection and disqualification of your project- funding request to Miami-Dade County The answers to the foregoing questions are correctly stated to the best of my knowledge and belief. By: (Signature of Applicant) (Date) SUBSCRIBED AND SWORN TO(or affirmed)before me this day of 20 By He/She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public-Stamp of Notary Seal (State) 8 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 DEVELOP rreS AFFIDAVIT THAT MIAMI-DADE CedNTY TAXES, FEES AND PARKING TICKETS HAVE BEEN PAID (Section 2-8.1 (c)of the Code of Miami-Dade County, as amended by Ordinance No. 00-30) and THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY (Section 2-8.1 (h)of the Code of Miami-Dade County,as amended by Ordinance No.00-67) , being first duly sworn, hereby state and certify that the foregoing statements are true and correct: 1. That I am the Developer(if the Developer is an individual), or the (fill in the title of the position held with the Developer) of the Developer. 2. That the Developer has paid all delinquent and currently due fees or taxes (including but not limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in the normal course by the Miami-Dade County Tax Collector, and County issued parking tickets for vehicles registered in the name of the above developer, have been paid. 3. That the Developer is not in arrears in excess of the enforcement threshold under any contract, final non-appeasable judgment, or lien with Miami-Dade County, or any of its agencies or instrumentalities, including the Public Health Trust, either directly or indirectly . through a firm, corporation, partnership or joint venture in which the Developer has a controlling financial interest. For purposes hereof, the term "enforcement threshold" means any arrearage under any individual contract, non-appeal able judgment, or lien with Miami- Dade County that exceeds $25,000 and has been delinquent for greater than 180 days. For purposes hereof, the term "controlling financial interest" means ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation, or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity. By: , 20 Signature of Affiant Date l I l l I I I .I I I / Printed.Name of Affiant and Title Federal Employer Identification Number Printed Name of Firm Address of Firm SCRIBED AND SWORN TO (or affirmed) before me this day of , 20 By . He/She is personally known to me or has presented as identification. Type of Identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public—State of Notary Seal 9 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 CODE OF BUSINESS ETHICS In accordance with Section 2-8.1 (i) of the Miami-Dade County Code, each person or entity that seeks to do business with the County shall adopt a Code of Business Ethic ("Code") and shall, prior to execution of any contract between the developer and the County, submit an affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2-8.1 (i) of the Miami- Dade County Code. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. The Code of Business Ethics shall apply to all business that the developer does with the County and shall, at a minimum, require that the developer: • Comply with all applicable govemmental rules and regulations including, among others, the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims Ordinance. • Comply with all applicable rules and regulations regarding Disadvantaged Business Enterprises, Black Business Enterprises, Hispanic Business Enterprises and Women Business Enterprises (hereinafter collectively Minority Business Enterprises, "MBEs") and Community Small Business Enterprises (CSBEs)and shall specifically prohibit the following practices: ➢ Pass-throuah Requirements. The Code shall prohibit pass-through whereby the prime fire requires that the MBE or CSBE firm accept payments as a MBE or CDBE and pass through those payments or a portion of those payments to another entity including, but not limited to the owner/operator of the prime firm. ➢ Rental S.ace E.ui•ment or Flat Overhead Fee Re•uirements. The Code shall prohibit rental space requirements, equipment requirements,.and/or flat overhead fee requirements, whereby the prime firm requires the MBE or CSBE firm to rent space or equipment from the prime firm or changes a flat overhead fee for the use of space, equipment,secretary, etc. ➢ Staffing Requirements. The Code shall prohibit the prime firm from mandating, as a condition to inclusion in the project, that a.MBE or CSBE hire, fire, or promote certain individuals not employed by the prime firm, or utilize staff employed or previously employed by the prime firm. ➢ MBE or CSBE Staff Utilization. The Code shall prohibit the prime firm from requiring the MBE or CSBE firm to provide more staff than is necessary and then utilizing the MBE or CSBE staff for other work to be performed by the prime firm. ➢ Fraudulently Creating, Operating or Representing MBE or CSBE. The Code shall prohibit a prime firm including, but not limited to, the owner/operators thereof from fraudulently creating, operating or representing an entity as a MBE or CSBE for purposes of qualifying for certification as a MBE or CSBE. • 10 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 • The Code shall ;o require that on any contract when; MBE or CSBE participation is purported, the contract shall specify essential terms including, but not limited to; a specific statement regarding the percent of participation planned for MBEs or CSBEs, the timing or payments and when the work is to be performed. • The failure of a developer to comply with the Code of Business Ethics shall render any contract between the contractor and the County voidable, and subject violators to debarment from future County work pursuant to Section 10-38 (h)(2) of the Code. The Inspector General shall be authorized to investigate any alleged violation by a developer of the Code of Business Ethics. By Signature of Affiant Date Painted Name and Title of Affiant Federal Employer Identification Number Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (of affirmed) before me this day of 20 • by . He/She is personally known to me or has presented as identification. Type of Identification Signature of Notary Serial Number Print of Stamped Name of Notary Expiration Date Notary Public State of Notary Seal 11 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 CERTII gCAI'ION REGARDING LOBBYING Certification for Contracts Grants Loans and Coo•erative A,reements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the,awarding of any Federal contract, the making of any Federal the entering into of any cooperative agreement,hand the extension, Federal loan, renewal, amendment, or modification of any Federal contract, grant, oan,LOor cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language the award documents for all subawards at all tie s (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of$100,000). and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this'transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: (Signature of Authorized Representative) Print (Print Name of Firm and Authorized Representative) Title: Date: COLLUSION AFFIDAVIT (Code of Miami-Dade County Section 2-8.1.1 and 10-33.1)(Ordinance No. 08-113) BEFORE ME,A NOTARY PUBLIC, personally appeared who being duly sworn states: (insert name of affiant) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of this contract. I state that the bidder of this contract: ❑ is not,related to any of the other parties bidding in the competitive solicitation, and that the contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named,and that-the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person,firm, or corporation to refrain from proposing,and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. OR El is related to the following parties who bid in the solicitation which are identified and listed below: Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall be rejected. By: 20 Signature of Affiant Date / --! / / / / 1 / Printed Name of Affiant and Title Federal Employer Identification Number Printed Name of Firm Address of Firm BID PACKAGE ADDENDUM Revised 4/12199 SUBSCRIBED AND SWORN TO(or affirmed)before me this day of , 20 He/She is personally known to me or has presented identification. as Type of identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary.Public—State of Notary Seal BID PACKAGE ADDENDUM Raised 4,12/99 Agency's letterhead SAMPLE AGENCY NAME DISCLOSURE ABOUT RELATED PARTIES (DATE) THERE ARE NO BOARD MEMBERS OF THE (AGENCY.NAME) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY NAME) OPERATIONS. LIVING WAGE RE•UIREME J-f Miami-Dade Coun Ordinance 9944 Effective November 11, 1999 the provisions of Miami-Dade County Ordinance 99-44 and Section 2-8.9 of the Code of Miami-Dade County shall apply to all service contracts invol expenditure of over$100,000 per year for"Covered Services". vnng the "Covered Services" are the type of services purchased by the County that are sub' requirements of the Living Wage Ordinance which are one of the following: Ject to the (1) County Service Contracts (i) food preparation and/or distribution (ii) security services (iii) routine maintenance services such as custodial, cleaning, refuse removal, re• pair,and recycling epair, (iv) clerical or other non-supervisory office work, whether temporary or permanent (v) transportation and parking services, including airport and seaport services (vi) printing and reproduction services (vii) landscaping,lawn and/or agricultural services In accordance with Miami-Dade County Ordinance 99-44, all Service Contractors contract with Miami-Dade County to provide Covered Services as described above entering into a of its employees providing such Covered Services to the County a Living Wage of no lessttan $8.56 per hour plus Health Insurance as described in the aforementioned ordinance, than hour without Health Insurance. ance, or $9.81 per Such Health Benefits shall consist of payment of at least $1.25 per hour towards the care benefits for employees and their dependents. Proof of the provision of e provision of must be submitted to the County to qualify for the wage rate for employees with Insurance The Service Contractor shall also agree to produce all documents and rcods relating it health benefits.' compliance with this Ordinance prior to award of a contract as a result of this solicitation payroll on request by the County. upon If records reflect that the Service Contractor is in violation of this Ordinance, the Count h right to sanction the Service Contractor to include but not limited to termination, as the suspension. rmination, fine and This Ordinance encompasses various responsibilities that must be accomplished proposer such as record keeping, P ed by the successful posting and reporting. Upon the award of this contract, the successful proposer must be prepared to comply with these requirements as outlined in Ordinance 99-44. 5/01 I of FORMA_11 MIAMI-DADE COUNTY, FLORIDA MIAMI-DANE COUNTY LIVING (Ordinance 99-44 and Section 2-8.9 of the Miami-Dade�Fy Code) Solicitation No.: County Code) Title: j,. certify that in compliance with being first duly sworn hereby Code, by Miami-Dade County Ordinance 99-44 Y accep�g award of this contract, the bidder or and Section 2-8.9 pay the Miami-Dade y state and required by Miami-Dade County proposer agrees to a proposer further i-Da ty Ordinance 99-44 to all e P Y the living proposer as ether tmd r in or�t the current living employees assigned ct this$8.56 pert. g wage ordinance,or$9.81 per hour without eath benefits. The bidder or contract is$8.56 per hour plus health By: Signature of giant Date 20 / - / / / / Printed Name of Firm Address of Finn SUBSCRIBED AND SWORN TO(or affirmed)before me this by day of 20 Affant He/She is personally known to me or has presented as Type of Identification identification. Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public—State of Notary Seal Rev. 1/20/00 2 0 f 2 --- . _ . . . .. Qi.iaoity. 1:7-equi J I I County :Cti.ostructiork ;$19ti (01113+- areas circled are subject to change) :Permanent signs .: . p Ropfacooloo or:clNowsigo.... . ..: . . : . .. •.. . . • : . . . . .-:.-.--,• • co . ... 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This Form to be Faxed to: 305-3754125, Atteritiont Michael 0.:Sitialt 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: • I hereby certify that the foregoing information is true, correct and complete. Signature of Authorized Representative: Title: Date: Firm Name: Fed. ID No: Address: City: State: Zip Code: Telephone: ( ) Fax: ( ) 12 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006 ATTACHMENT H SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) Firm Name of Prime Contractor/Developer 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 County. -'a i 1 = i �c ' e - � r � 4td X i7f • I t C X t f ,1%.•>0<i^tc4 Z .1C.. ■ rc, I certify that the representations contained in this SubcontractorlSupplier Listing are to the best of my knowledge true and accurate. Signature Developer(s) Print Name Print Title Date Authorized Representative (Duplicate if additional space is needed) 13 Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006