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FY 2005 Community Development Blck Grant Disaster Recovery - Villa MariaCDBG 2005 DRI Municipality MBCDC VILLA MARIA 5442,500 FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT ' / Disaster Recovery lnititiave #08 -DB -D3 -11-23-01-A01 ;00 7� ? GOVERNMENTAL CONTRACT BETWEEN (/ / / i/ MIAMI-DADE COUNTY AND THE ;QO 9_ 7o y8 CITY OF MIAMI BEACH This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and the City of Miami Beach, a municipal government organized under the laws of the State of Florida hereinafter referred to as the "Awardoe". The parties agree 1. Definitions OCED Office of Community and Economic Development or its successor Department 24 CFR Part 570 - CDBG Community Development Corporation Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant A local agency that is organized to meet community development needs with particular emphasis on the economic development, housing and revitalization needs of low -and moderate -income area residents and which is receptive to the needs expressed by the community. Low- and Moderate- Income Person A member of low -and moderate -income family 1 e., a family whose income is within specified income limits set forth by U S HUD Contract Records Federal Award Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract Awardee Recipient of CDBG funds from Miami Dade County Subcontractor Any individual or firm hirod on a contractual basis by the Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "A) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee Department State of Florida, Department of Community Affairs Subgrant Agreement Federally -funded Disaster Recovery Inititabve Subgrant Agreement entered into between the State of Florida and the County for 2005 Community Development Block Grant Supplemental Disaster Recovery Inititative funds -Attachment G 1 11. The Awardee Agrees: A. Type of Activity The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Miami -Dade. B. Insurance To comply with Miami -Dade County's insurance requirements as well as any relevant state of Florida insurance requirements. C. Indemnification 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. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the Awardee shall not he held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claitn or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the Awardee arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Awardee. The provisions of this section survive the termination or expiration of this agreement D. Documents The Awardee shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. 1. Progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified in Attachment A, "Scope of Services." The Awardee shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 10, 2009, July 10, 2009, October 10, 2009, January 10, 2010, April 10, 2010, July 10, 2010, and October 10, 2010. b. Ouarterly Renortina when Suhcnntrar.tnrs are I ttili7ed Awardees are advised that when subcontractors or sub -consultants are utilized to fulfill the terms and conditions of this contract, Miami - Dade County Resolution No. 1634-93 will apply to this contract. This resolution requires the selected Awardees to file quarterly reports as to the amount of contract monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign tho 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 OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardee must report specific information regarding the status of tho contracted activities, Including accomplishments andlor delays encountered during tho 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 andlor housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low -moderato and low income -residents. The Awardee shall also report emographic Information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section II - Fiscal Information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section II1- Minority Business Enterprise: Contract and Subcontract Activitu Regqfort (First and Third Quarter Progress Report)- The Awardee Shall report to OCED the number of business activities involving minority vendors, including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2009, October 10, 2009, April 10, 2010 and October 10, 2010. Section IV - Neighborhood Employment Opportunities: Nfahborhood Epr ovmont gOorprtunities Ret rt (First and Third Quarter Progres9 Report) - the Awardee sha(( report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2009, October 10, 2009, April 10, 2010 and October 10, 2010 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 0.4 of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section I1, Paragraph D.1.a and Paragraph D 3 2. 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 D.1.a. above, which shall describe the progress made by the Awardee in achieving each of the objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1 through December 31 and shall be received by OCED no later than ten days after each period the contract is in effect. 3. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Article 0, Section E.S. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "Information for Environmental Review." Notwdhstandipo any`' ivoviston of this 4areement. the Carties hereto aq ree and acknowfedae that this Pftreement does not constitute a commitment of funds or site aooroval. and that such commitment of funds or annroval may occur o,r upon satisfactorv/.'/pmp!gtion c‘f ectrinenfil review nd receigl by the County of a release of funds from the U.b'. Ueparfinent of Housingand Urban Devetpoment urtffer74 fFR Part 58. The r\erties further gree thaf the provision of any funds o the i Q/ ct is conditioned on a Cnu,ntj('s determination to roceed with modhy or cancel the protect based on the results of a subsd8bent environments fewew. 4 4. Audit Report - The Awardee shall submit to OCED an annual audit report in triplicate as required by Section II, Paragraph 1 of this contract as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non-compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84 26, Part 85 26 and OMB A-133. 5. 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 11, Paragraph 0 of this contract 6. Affirmative Action Plan - The Awardee shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 1. The Awardee shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives - a. To benefit low- and moderate -income persons; b. To aid in the prevention or elimination of slums or blight, c To meet community development needs having a particular urgency. 2. For activities designed to meet the national objective of benefit to low- and moderate -income persons, the Awardee shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to no less than 51% of low- and moderate -income persons 3 The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 4. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 57 0.606(b). (b) the requirements of 24 CFR 670.606 (c) governing the Residental Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act, and (c) the requirements in 570.606 (d) governing optional relocation policies (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non-profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 5. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, OCED's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement 5 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 OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this contract Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. 7. The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. 8. For activities involving acquisition, rehabilitation andlor demolition of property and which require the relocation of families, individuals, businesses andlor industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, andlor 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, andlor 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 andlor part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 9 The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88-352 and Public Law 90-284 successfully meet these requirements. The Awardee shall submit to OCED its Affirmative Marketing Plan no later than 60 days from tho date this Agreement is executed 10. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, no later than30 days after the completion of the coursework This requirement may be waived in the sole discretion of OCED for Awardees who demonstrate knowledge of real estate development and organizational management theory OCED shall consider such waiver upon receipt of the written request by the Awardee. 11. For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding his compliance with the national objective, and OCED will have the right to monitor the activity. 12 The Awardeo shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502 F. Federal, State, and County Laws and Regulations 6 RULES, REGULATIONS AND LICENSING REQUIREMENTS The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with 24 CFR Part 85, OMB A-128, OMB A-87, and with the applicable procedures specified in OCED's Contract Compliance Manual, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity, and with the Energy Policy and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The Provider also agrees to comply with the Domestic Violence Leave codified as 11A-60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Provider 3 If the amount payable to the Awardee pursuant to the terms of this contract is in excess of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U S C 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4 Assurance of Comfifiance with Section 504 of the Rehabilitation Act - The Awardee shall repot' its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED 5. Americans with Disabilities Act (ADA\ of 1990 - The Awardee shall attest to, and submit the 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 Emjifnrmant Prmmotinn anri Procurement Practices !Ordinance #98-30t - 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 Couty, 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 statinn that the Awardea has Ade/Vert a r:nda that cern ijes with the reauirements nf Sectinn 2 -ft 1fH nf the Miami -Darin Comity Code (Form A-12). 9 PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity, and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty- six (36) months from the date of being placed on the convicted vendor list The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this contract shall be terminated on the discretion of Miami -Dade County. Further, should the Awardee be placed on the list at any time during this contract Miami -Dade County shall have the right to terminate this agreement 10 CRIMINAL CONVICTION Pursuant to Miami -Dade County Ordinance No. 94-34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, 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 such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3 Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6 Criminal Record Affidavit 7. Public Entity Crime Affidavit 8 Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10 Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12 Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14 Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title 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.0 Section 1612; 4. The Fair Housing Act as amended, 42 U S C Section 3601-3631. G. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation including but not limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible However, the obligations under this contract, as modified, shall continue and all other provisions of this contract shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. H. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action, to schedule a meeting to receive compliance information. 2 Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3 Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act, and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1999; and other related acts, as applicable 4. Submit to OCED for written prior approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5 Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation 6 Contact the OCED representative noted in Section IV, Paragraph K prior to scheduling a pre -construction conference. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. 7 The County shall have the right to assign the Community Builders Division of the Office of Community and Economic Development to assist the project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement will result in a reduction of a maximum of 5% of the agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by the Community Builders Division of the Office of Community and Economic Development 8. Execute a restrictive covenant with Miami -Dade County for the grant award and the use of the land to ensure its use as a CDBG project site as defined and described in Attachment "A" of this agreement. 10 I. Audits and Records 1. The Awardee expending $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. The Awardee 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. The Awardee expending 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 Awardees 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, or when the Awardee elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by OCED no later than six (6) months following the end of the Awardee's fiscal year. 4 The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 5 The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 6. 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. 7. The Awardee shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by OCED, each of the record-keeping and audit requirements detailed in this contract. OCED shall, in its sole discretion, determine when services are II eligible substantive programmatic services and subject to the audit and record-keeping requirements described above. 8 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 the Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 9. The Awardee shall ensure that its auditors share their audit results with OCED. The auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period J. Retention of Records 1. The Awardee shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period") subject to the limitations set forth below: a. For all non-CDBG assisted activities the Retention Period shall begin upon the expiration or termination of this contract b. For CDBG assisted public service activities the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity is reported as completed For each public service activity the Awardee must retain all contract records except those relating to real and nonexpendable personal property. c. For all other CDBG assisted activities the Retention Period shall begin upon U.S HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section II, Paragraph J.1.c., the Awardee must retain all contract records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 12 4 The Awardee shall notify OCED in writing, both during the pendency of this contract and after its expirations part of the final close-out procedure, of the address where all contract records will be retained 5 The Awardee shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period K. Provision of Records 1. The Awardee shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2 If the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow-up communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the regulatory agencies issuing the reports. 3. MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2-1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99-63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of ono (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will he 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 a. Exception: The above application of one quarter (114) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) 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 for Qin mtl` the Miami -Dade CounBoard of County Commissioners Miiauthorize the inclusion by the fee assessment of one Quarterirt/4) of nne percent in anv exempted contract at the time of award Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, 13 property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract. L. Prior Approval The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontracts or contract assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee must submit all proposed agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. OCED shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget 3. The modification or addition of all job descriptions. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 11, Paragraph Q.1 of this contract. 6. All out-of-town travel not specifically listed in the approved budget 7. The disposition of program income not specifically listed in the approved program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section 11, Paragraph H of this contract. 9 The disposal of all contract records as provided for in Section It, Paragraph J of this contract M. Monitoring The Awardee shall permit OCED and other persons duly authorized by OCED to inspect all contract records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this contract, and/or to interview any clients employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, OCED will deliver to the Awardee a report of its findings, and the Awardee will rectify all deficiencies cited by OCED within the specified period of time set forth in the report, or provide OCED with a reasonable justification for not correcting the deficiencies OCED will determine, in its sole and absolute discretion whether or not the Awardee's justification is acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by OCED in its report. N. 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 14 with the performance of services requried under this Agreement. The Awardee further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee shall submit to OCED within five days of execution of this contract all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents• Original contract or its subsequent amendments Requests for budget revisions. Requests for approval of subcontracts. Non-compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards The Awardee shall make such disclosure in writing to OCED immediately upon the Awardee's discovery of such possible conflict OCED will then render an opinion which shall be binding on all parties. O. Publicity, Advertisements and Signage The Awardee shall ensure that all publicity, public relations and advertisements and signs, recognize the Miami -Dade Office of Community and Economic Development (OCED) and Community Development Block Grant (CDBG) for the support of all contracted activities This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED The use of the official Miami -Dade OCED logo is permissible 2. The Awardee shall furnish, erect and maintain construction signs in accordance with sketch included in these contract documents. The signs shall be made of Y. inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall he painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather - resistant colors and materials The Awardee shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. P. Procurement 15 The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED in the CDBG application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low-income residents from Community Development focus 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 financial assistance toward 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 contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very tow -income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations 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 contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 16 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 contract Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (n) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b) 8. Fair Subcontractipp Policies Ordinance 97-35) All Awardees orf 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 attached Form A-7.2). Awardees who fail to provide a statement of thoir policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The term "local" means having headquarters located in Miami -Dade County or having a place of business located in Miami -Dade County from which the contract or subcontract will be performed The term "subcontractor" means a business independent of a Awardee that may agree with the Awardoe to perform a portion of a contract. The term "subcontract" means an agreement between a Awardee and a subcontractor to perform a portion of a contract between the Awardee and the County. Q Property 1. Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence 17 d. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for tho project and termination of this agreement. e. All real property shall be inventoried annually by the Awardoe and an inventory report shall bo submitted to OCED. This report shall include the elements listed in Paragraph T.2.c., above. 3. The Awardee shall comply with the nonexpendable personal property requirements as stated below. a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number, date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal proporty purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall bo submitted to OCED. The inventory report shall include the elements listed In Paragraph Q.3.a., above. c. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this contract shall vest in the County and OCED. 4. The Awardoe shall obtain prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendablo personal property purchased or improved in whole or in part with funds given to the Awardoe or subcontractor pursuant to the terms of this contract. The Awardee shall dispose of all such property in accordance with instructions from OCED. Those instructions may require the return of all such property to OCED. R. 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 arc specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program income provisions in OCED's Contract Corrykkance Manual. If any program income provisions of the Contract Comoliance Manual conflict with any 19 program income provisions of this contract, the provisions of this contract shall rule. b. The County may in its sole discretion allow Awardee to Use Program Income to carry out ep ramble activities. The Awardee may rtfaueSt to use P/rn?ram Income for el'aible activities. If the Awardee re/auests to use Program Income. the Awardee shall report to OCED all cumulative Program Income generated from activities financed in whole or in part by funds from this contract. This information. alo q with a check ta nable to Miami -Dade Cnurt. for the generated / � 7.ram Income, muni he submitted uarterty aszearf/of The FiscS'Section of the Awardee's Proaress Report as outlined In Section II. Paragraph D.2.a. c. The Awardee shall report Program Income for as long as it receives and/or has control over Program Income generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using Program Income. c. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. 9 - Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan -related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. Any proceeds from the sale of property as detailed in Section II, Paragraph Q.4., above, shall be considered program income. The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3. Upon expiration or termination of this contract or at the end of any program year, the Awardee shalt transfer to the County any program income funds on hand, and any program income accounts receivable attributable to any CDBG funded activities. OCED may require remittance of all or part of any program income balances (including investments thereof) held by the Awardee (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 Security needs). 20 4. OCED, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of program income generated by the Awardee, and such action shall not require an amendment to this contracts. S. Travel The Awardee shall comply with the County's travel policies Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual T. Subcontracts and Assignments 1 Unless otherwise specified in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract Compliance Manual. b. Identify the full, correct, and legal name of the party; c Describe the activities to be performed, d. Present a complete and accurate breakdown of its price component, e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by OCED, set forth in this contract. OCED shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above, and; f. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 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 21 4. The Awardee shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 5. The Awardee shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this contract or the right to receive benefits or payments resulting from this contract. 6 Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by OCED in excess of the total dollar amount agreed upon this contract. 7 1f the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to OCED. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list without prior written approval from OCED. U. Additional Funding The Awardee shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. V Method of Payment The Awardee shall be paid as described below. 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred, Failure to comply may result in rejection of invoices 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the 22 Awardee is required to submit to OCED pursuant to the terms of this contract 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 and payment is contingent ori the achievement by the Awardce 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 payments will be made without evidence of appropriate insurance required by this contract Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this contract. If the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payments if OCED, in its sole discretion, so chooses. 7. Within thirty (30) calendar days after this contract expires or is terminated, the Awardee shall provide to OCED a list of all invoices and costs that relate to this contract's approved Budget and that have not been submitted to OCED. Any invoice received by OCED, subsequent to receipt of this list by OCED which reflects a cost not included on this list will not be paid. 8 All monies paid to the Awardce which have not been used to retire outstanding obligations of this contract must be refunded to OCED in accordance with OCED's Contract Comnliance Manual, 9. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract for any reason, shall be recaptured in full by the County. 10. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this contract, Awardee agrees to and shall assign any proceeds to the County from any contract between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award "Controlling financial interest" 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. W. Reversion of Assets The Awardee shall return to OCED, upon the expiration or termination of this contract all assets, owned or held by Awardee as a result of this contract, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this contract that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to OCED of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, including but not limited to mortgages securing the property and UCC financing statements, as required by the County to effectuate the reversion of assets. 23 M. The County Agrees: Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $442,500. IV. The Awardee and OCED Agree. A. Effective Date 1. This contract shall begin on July 1. 2008. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2 This contract shall expire on March 31, 2010. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee Such notice shall automatically become a part of this contract 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated B. Suspension 1. OCED may, for reasonable causes as determined in OCED's sole and absolute discretion, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shall be determined by OCED, in its sole and absolute discretion, and may include, but is not limited to. a. Ineffective or improper use of these contract funds by the Awardee or any of its subcontractors; b Failure by the Awardee to comply with any term or provision of this contract, c. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds, withhold payments or both These actions may apply to only part or all of the activities funded by this contract. 3 OCED will notify the Awardee of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). OCED will give the 24 Awardee reasonable opportunity to rectify any action or inaction referenced above. C Termination 1 Termination at Will This contract, in whole or in part, may be terminated by OCED upon no Tess than ten (10) working days notice when OCED determines that it would be in the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination for Convenience OCED may terminate this contract, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions OCED, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice Upon receipt of such notice, the Awardee shall not incur any additional cost under this contract. OCED shall be liable only for reasonable costs incurred by the Awardee prior to notice of termination. OCED shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short -fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no Tess than twenty-four (24) hours written notification to the Awardee Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. OCED shall be the final authority in determining whether or not funds are available. OCED may at its discretion terminate, renegotiate and/or adjust the contract award, whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Awardee through Board of County Commissioners action, the Awardee may, at its discretion, request in writing from the Director of OCED a release from its contractual obligations to the County. The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach OCED may terminate this contract, in whole or in part, when OCED determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering the ultimate contract performance, or is not materially complying with any term or provision of this contract Unless the Awardee's breach is waived by OCED in writing, OCED may, by written notice to the Awardee, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of 25 this contract. The provisions herein do not limit OCED's right to legal or equitable remedies. 6. Penalties for Fraud, Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2-81.4, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall be terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts with such individual or subcontracted entity it has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years 7 Payment Settlement If termination occurs, the Awardee will be pard for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification 1 Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this contract if OCED, in its sole and absolute discretion determines that federal, state, and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to Federal, state and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations. 2. tcrRA .T E F SIO e County shall ave the right to exercise an option to extend this contract for up to one year beyond the current Contract period and will notify the Awardee(s) in writing of the extension. This contract may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Office of Community and Economic Development E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be in writing Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as a waiver. 26 F. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1 Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED All budget revisions shall require the written approval of OCED. OCED shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by OCED no later than 5 working days of the action, written notification will constitute a contract amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Service, when required, will be negotiated to the mutual satisfaction of both parties 3. Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G. Disputes In the event an unresolved dispute exists between the Awardee and OCED, OCED shall refer the questions, including the views of all interested parties and the recommendation of OCED, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Awardee or in the event additional time is necessary, OCED will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that the County Manager's determination shall be final and binding on all parties. H Headings The section and paragraph headings in this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. I. Minority Participation In order to gain greater Black business participation, the Awardee may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida. K Independent Private Sector Inspector General Reviews 27 1. Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally '/. of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, 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. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider 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 Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, 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 contract 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. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other agreements executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. The Awardee is aware that Miami - Dade County Office of the Inspector General has the right to perform ramdom audits on all county contracts throughout the duration of each contract. Grant Recipients are exempt from paying the costs of the audit, which is normally '/. of 1% of the total contract amount. L. Notico and Contact 28 OCED's representative for this contract is Richard Hoberman. The Awardee's representative for this contract Is Anna Parekh. The Awardee's principal office is at 1700 Convention Center Drive, Miami Beach, FL 33139. The Awardee's telephone number is 305 673-7260. In the event that different representatives are designated by either party after thls contract is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. M. Name and Address of Payee When payment is made to the Awardee's assignee, the name and address of the official payee is' NIA N. Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions, No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in a!I instances. 0. Assignment Tho Awardee shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County. P. Third Parties This agreement is intended for the sole and exclusive benefit of the partios and is not intended to benefit any third party nor shall It be deemed to give rise to any rights in any third party P. 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. 0 All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A — Automated Scope of Services, including Action Steps, Attachment B - Budget; Attachment 13-1 Insurance Requirements; Attachment C - Progress Report; Attachment D - Information for Environmental Review; Attachment E - Certification Regarding Lobbying; Attachment 29 F - Publicity, Advertisements and Signage; and Attachment G — State of Florida CDBG-DRI Subgrant Agreement with Miami -Dade County}) contain all the terms and conditions agreed upon by the parties. THIS SPACE IS INTENTIONALLY LEFT BLANK 30 IN WITNESS THEREOF, the parties hereto have caused this thi y- a (31page contract to bo executed by their undersigned officials as duly authorized, this y of �� 009. AWARDEE: MIAMI-DADE COUNTY CITY OF MIAMI BEACH BY:` N: NAME: C orge M. Gonzalez (v NAME - TITLE: City Manager DATE: Y I j z J t9 ATTEST: MAAA u &IA Cw' \ os Alvarez TITLE: Mavor ATTEST BY: BY: Robert Percher City Clerk TITLE: Federal ID Number: 59-6000372 Resolution #: R-3360-07 75/7 -p 8 Awardee's Fiscal Year Ending Date: 9/30 CORPORATE SEAL: CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES TITLE: Clerk, Board of Couhty. *** ••. Commissioners •••••' APPROVED AS TO FORM & LANGUAGE &Fri13 CLITION /y,ar Alto 31 § 91 | \ ! 0 . ' ::: ::: : ƒ Pig". ATTACHMENT B CITY OF MIAMI BEACH FY05 CDBG-DRI SUMMARY BUDGET PERSONNEL $-0- OPERATIONS -0- CONTRACTUAL -0- CAPITAL 442,500 TOTAL $442,500 IMBCOC. VILLA MARIA APARTMENTS LLC - UNE ITEM BUDGET SOURCES 1 USES ACOUISITION PUylase Plge SOFT COSTS Congraiion Interest Contucton Loan Dan Cost Permanent Loan origin Cost I emxler Reserves Axeenlimg BUDGET 1 6,410 7-...f.29 011 2.600.000.± 2.600.000.00 OCED/HOME OCED/SURTAX OCED/CDOG OTHER SOURCES! 1,215.000 00 1.000 000 00 442,500.00 5,761,229.01 0.001 0.00 315.426.00 0.00 10.000.00 0.00 10.000.0/ 0.00 5.000.08 1 0. 2.00001 0. 6,000.0 175.000.00 25.000.00 20.000.00/. 19.070.006 .021 35,075 20,600. 17 262.00 .%yjraisal AIc60.ecIusa De4un Arclatedutal SucelMslan S older's Risk Insname %ddim nermil 000/no Cost Acc,isann Ckeing Cents Permanent Loan Entineering Fee EnNronnsmW P0a5e 1 IFHFC Man Fee !sire APpknlion fee c- 20.000.00 17.000.001 1,000 1796. 00 FC Ann -vmmnm FIIFC Compliance Fee FHUndernN0.383.00 no Fee i IlnsceRion Fee 6,000.03 !Insurance 52,000. Legal Foes Market Study MNketing/Adnrcrlang P ropetyax Sal Tes It SWvev lltie Insurance Utley Canreclnn fre !TOTAL SOFT COSTS ! HARD COSTS 1._ENERAL COND. SUPFRINIENDENC 75.000.00...1 25.000 0 25,000. ENTRAI. GOND PROJECT MANAGER 60.000.I 20.000. 70.000. FNC.ML lA6DR21 500.000. 0 ELEPHONELB80.06)D. EMPORARY POWER) UUl1TIES 1 0. � 1 15AWLLTOOLS 5 O. 0.I IWAIER & ICE 600 0.1 N08AUATION & 5LT UP 1.50000 0. 1 TRUCK 0 AUTO ALLOWANCE 4,800-00 0+90�� GAS OI & TOLL ALLOWANCE 2,700. �( BLUE PRINTS REPRODUCUONS 1.250. QEANING FINAL CLEANING 12,500.00[ OUMPSTERS 18.000.06 • WLITY CONTROL MACH lISr 3.500.06 1 13,055.00 0. 0. 0.00 000 041 D.'! 0.00 0.00 0 0.6000 o. 0.m 0. 0.00 0.0] 0.00 0.00 0.00 0.06J 0. 000 0.07 2.6 U,O:(100 1 0.00 2.600.000 00 1 0.01 315,126.00 0.00 10,000.00 0.00 10,001.00 0.00 5 000.00 000 '2.000.001 0,00 6000.03 6.01 175000.01 0.00 25,000.00 O .00 20.000.00 11.11!1 lagan 0.0" 35.075.00 1 oA4. 10.000.00 1 O . 01 17,762.001 000 0.01 0. 0.m 1 0.0 O. 0.211,000.00 1 O. 1 6. 1.000.001 0. 0. 1796. I 0. 0. 10 383. 1 0. 0. 0,000.00 1 0. I 0.00 52,000.00 0.00 0.00 13,055.00 6,000.00 1 0.0 50.262.01I 0 2.000. 0 8.050. 0 20.000 1 6,000.00 4,000.03 50.182.03 1 7.000.00 10,000.00 50.000.60 1 2800.03 1.200.001 0.00 0. I 5,750.001 O. 0. I 5cW 0. 0. 1 Ir 001 O. 0. 4,600.00 I 0, 0. I 2,700.00 0. O. 1,250.00 D. 0.0 0. 12,500.001 0.0.1 0.00 D. 0 0.00 -' 0.00 0. 1 19,0000.0 3,5000O ' TEMPORARY rows 1010.00691INRESNDLD INSPECTOR 1010.0069 160. �1 MATERIAL TESTING 1.6110.09 1065111EE��SLGy(N/�pp(7Jy��/y 375.550 I la.I 1H0:MENI SStRVICE 3750.1 SELE7IVE IXMOI MON 69.250.00 CLE4 4110 f41tun 4 son N1 WELL POINT (IN)rCTTON 1/4T1 I 1 22.000.00 FINAL GRADING 1 /50.00 COMPACTION & SOIL DI -N57 TL. 850.00 0.0E TERMITE CONTROL 501. PREP h0.00 0.00 CONCRETE PAVERS 1 575.06 O m '19AIER FIRE UNE 15.500.0 OM 'WATER NEV! 2' SERVICE ....._62V4.0 O. 'FENCES & GATES 4.60000 'IRRIGATION 5.000.03 'LANDSCAPING 10.000.00 SNORING 9W15 (SIGN & SEMI 1 95n.m 1.00 STRUCTURAL SHORING 15.5111oo 0. op. CONCRETE/MASONRY/DEMISING WALL 409.850.0 _ 297997.50 'PRECAST CONCRETE 2.75000 0.00 IGUNLTE RESTORATION 310.000.00/ 0.0C (CONCRETE ROORING (GYPCRETEI 35075.00/ 0.0; STRUCTURAL STEEL 156.7&1.&1 0.00 PM�CSCE(.ANEOUS STEEL GUARDRAILS 9.34 .f0 0.00 111IS�CELLAfiEWs WELDING 5.5000000 00.000 1Ro,GH CARI'ENIRY 106.85000 1 0. 'TRIM CARPENTRY 24.500.00 1 0. CABINETRY/ VANITIES 76,950.05 0. 'CABINETRY CAULKING 6.600.00 0.00 IFYTFRIORWAII 11151R *TIM R.% Sion nn nan !ROOFING 8327500 0.Oj METAL DOORS & FRAMES 39120.05 0.50 WOOD DOORS & FRAMES 29.680.00 ENI FIANCE DOORS 13.150.00 WINII0WS 224.650.041 ' WINEAMV PRTPARATION 5.250.06 1 11ARM'IRE _ ! ' 045. MIRRO / MEDICINE CABINETS 4,255. STUCCO & MOLDINGS 81300.00 'GYPSUM WALLBOARD SYSTEMS 19805000 IFIRE MIING 10.003.00/ 'CERAMIC TILE AT BATNROOr45 39,776.95%%%/11 'QUARRY T11 E AT COMMON AREAS 77,700. aRlUNIC TIIE AT MING AREAS 65,690. SOUND PROOFING 16.675.00 RUOBER STAIR TREADS 10.95000 RISVLATION R-19 7.330.00 WINDOW SILLS 850. 0 VINYL TILE 950.0 / BASEBOARDS 6.990.08/ PAINTING 67,585' SIGNAGE (6U.IERN OOMOI 975 1 WALL LOUVERS /85.01 FIREPLACE SPECIALTTWS & ACC. 1150.0:1 (ps1r,�,NR�AG�f i650.00 2350. ULYSEr10.E SHELVING 3 750.006 1 0.091 0.00 O.d99! 0.00 0.501 0.0'0 0.001 0.00 O. 0.001 akD. n 0.1 OM 0.00 0.00 0.00 0.00 0.00 1,65000 0.00 1,700.00 000 1.800.03 0.00 375.0..^. 0.00 7so.OG 0.00 n.m 0.00 . 0 G.000 0 3.27500 FA ?so nnl 4 60136:11 7LOOD.00I 1,750 0.00 nnn nm IVsm MOP O.m 15.00M 0.0' 0.00 6./50.011 4.800.00 10.699.26 13.150.00 0 ++ 0.691 24.895.061 4,255.0 41.650.66 nm 0. 0. 0.00 0.0D 0.&n. O.OP 000 0.00 54.&250 24.500.0ry 41.679.61 6.600.00 0.00 0.00 39.120.00 nm 1 45011 15.500." cool 116057 501 0.00 2,750.00 310.000.00 0.00 0.00 35.875.001 111,5.NI 171.OAS ,001 000 9.250.001 000 0.03 54,650.001 5,500.00 0.0952.007 50 o. J 0.001 o.o6 20,160.991 61.itn. &3,87500 0.00 5.870.001 0.0 00 0.00 0.00 0. 0: 10000. 39,776. 0.00 10.950. 0. 8504( 990.,W7 w- 6,993. 6? 185. 18 983 7 0.00 774 650 _O,Wl U.VVI 0.63 0.00 5,250.00 0. 0.qj 0.00 0. I 0.671 0.001 91.650. 0 0.001 0.0 0.041 198 650003 0.03 0.001 0.00 37 SOS O.II/I 0.001 16.675.C1y O.M01 o. 1 D D.a O. 1 7,330.001 0. 0. 0.00 0.00 0.00 0.00 O. 0.' ! 0.001 0.!017. 0. 0.001 0.001 78• o. 5.' 1 O00I L.8S . 0. 1 0.'',1 0001 3.650.01 D I 0.00 0.00 7,350 pgpl 0.0 0.0 3 750. 0.0' 0 1 0.00 OUT ADIS (AW 0A11010016) 4.11615 4.176.2 000- COO 0.03 TOILET AQFS. (STA11000) 4.966.n 4,966.7 0.00- 0.00 000 IENTAL EQUIPMENT 3,750.00 0.03 0.00 O.00 3.750.00 37CME7 AOPI 1ANCES 69.91500 69.925.00 0.00 00C 000 :LEVATOR 57069.00 30.03390 000 000 77.66900 "IR6 PROTTCTION 7 SPRINKLERS 64,650.00 0.00 0.00 0.00 64,650.00 RUMBIRG 234,800.00 /8,266.67 78.266.67 0.00 78,266.6/ FW6 EXTYGISSII.0.S 2.470.00 2.470.00 0.02 000 000 RIVAC 14.2000 47,916.67 47,9166) 000 0,91667 rucio cA3. 246,555.00 87,185.00 82,185.0C 0.00 82,18500 TARE ALARM SYSTEM 41,956.00 41 95671C 0.0C 0.00 0.00 11A73111T 116URA1ICE 4.77) 90 1,42461 1.42461 0.03 1.424 CONTRACTORS WERHEAD 239.338.36 7.779.45 7.779.41 00C 79779.45 CONTRATORS IEE 1/0.955.91 56,985.33 56,985.33 0.00 56,985.33 TOTAL HARD COSTS 3,033,687.71 1,120,500.00 900,000.00 442,500.00 1,362,687.74 COAUnOenC( 297,727.27 006 00C 003 471271 Developer Tin7 .9050y0 8 11729.00 171.50006 29 1, 0,000.00 1,01 I 073C 442,500.06 I 537.0500 , 5 726,229.00 TOTAL DEVELOPMENTCOSTS TOTALS 3 SOURCE ATCACITMENT 8-1 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REIJABILITATION ACFIVI'i'IF.S Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners pnncipals or subcontradors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, occluding appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall furnish to Miami -Dade County, c/o Office of Community and Economic Development, 140 West Flagler Street, Suite #1000, Miami, Florida 33130, Certificate(s). of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000 _ combined single limit per occurrence for bodily injury and property damage. Miami - Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. D. Completed Value Builder's Risk lnsurancc .on. an "All Risk" basis.in.an amount not less. _ than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an amount not Tess than S250,000 with the deductible per claim, if any, not to exceed 10% of the limit All insurance policies requited above shall be issued by companies authorized to do business undcr the laws of the State of Florida, with the following quahfications: The company must be rated no less than "B" as to management, and no less than "Class V" as to fwancial strength, by the latest cdition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund, Certificates will indicate no modification or change in insurance shall he made without thirty (30) days in advance notice to the certificate holder MIAMI-DAQE COUNTY CAPITAL IMPROVEMENTS PUBLIC FACILITIES QUARTERLY EXPENDITURE AND PROGRESS REPORT. FY 2009 Reporting Period -T. 0 1r Quarter [Jan -Mar] ❑ 2ne Quarter (Apr -Jun) ❑ 3rd Quarter [Jul -Sept] 0 4t Quarter [Oct-CecilAnnual Report Section 1• General Information • ReGp crit Name (Organization) Contact Person (Name & Title) Activity Name [Project Title) Activity Address. Telephone Number Activity Desorption Activity ID # Index Code Funding Source Funded Amount S Activity Category: ❑ Administration 0 Capital Improvement 0 Economic Development 0 Historic Preservation 0 Housing 0 Public Service Objective 0 Create suitable living environments 0 Provide decent affordable housing 0 Create economic opportunities Outcome ❑ Availability/accessibility ❑ Affordability '] Sustainab ty setltiil§i�ifCl [ Mfoymatlan A 8 C CATEGORY Personnel Contractual Operating Costs L___... Commodities Capital Outlay TOTAL APPROVED BUDGET TOTAL EXPENDED In+a Ouarlar) D E ACTUAL 11 REIMBURSED EXPENDITURES CUMULATIVE CUMULATIVE [Ihroush aMnl Out ganr ITgraugf Gad cMa aisle] CUMULATIVE PERCENTAGE Ie 801 G PROJECTED EXPENDITURES NPil C...NerI H PROJECTED CUMULATIVE EXPENDITURE lama of Cmkacl Penta) Program Income • The dhpostcn d Program booms no: spedfcary listed In the approved Program Inocme budgetregcves pricy tendon approal ben OCED 1 Does this activity generate Program Income'? 0 Yes 0 No 2 If yes, indicate the amount generated this quarter $ 3 If yes, was wniten approval granted by OCED to use the Program Income generated from this activity? 0 Yes 0 No 0 N/A dyes. tra attach copy of approval leder and related documents If no a arinen request for approval to use duo Program locome must be submittal la OCEO -or- a check payable b MimiDade County for the generated Program Income must be submitted quarterly 71 acoordaiceAnne terms of the conuac1 • Check Atladled? 0 Yes 0 No 0 WA Ay`fMW$TAT.IF$:i4ND;ItCCAI11pLt$HNIBit INFORMATION 1. Activity Status ❑ Cancelled 0 Underway ❑ Completed 2. Environmental Status ❑ A=Exempt ❑ C=Completed 0 D=Underway 3 Is this activity still in compliance with the onginal project schedule? ❑ Yes 0 No Section 111 ❑ Work in Progress cr.yno F I ) • ❑ Accornphshment Narrativq Cgm'AO] arscoaale tex ardr Prone ilia thpikiia .cnr cAli4,... it..h[ nr fa19 r. :Yip tdgrCE9 pr �mplsf<. ne naaallia formal. I to A :la ch Scapa of Services l.�.:_. ii5et:t otilYGomisopaitingEffoits.ak^a'iw s 4stiq uaassscfkaeisvf'3Gt .social myoids? :iaiifir p Office of Community and Economic Development Page 1 of 2 Quarterly Expenditures and Progress Report (rev 12.15-0B) MI I-� I CAPITAL IMPROVEMENTS PUBLIC FACILITIES PROGRESS REPORT • FY 2009 QUARTERLY EXPENDITURE AND COUNTY Section V; Problems Encountered •r•'o.•Gane'efdesa:ptonoInypraekmsordeaAancwmbedthong the perisdasisipios $8411ehTil:7OChniraLAssistance • Yourciegadiallb aneolwavega:eaneedtortecrniealassunoedoingess;rvibe.plazand'uribesenabs*ofexassi:tantereeLeed 'Section AI: Performance MeatiuremeM_-— Accomplishment Type 0 People (Oil ❑ Households 1041 0 Businesses 1081 0 Organizations 10s) ❑ Housing Units Itot 0 Pubfic Facilities till 0 Jobs 1131 National Objective 0 Area Wide Benefit log. LMA, LMAFI, LMASA, SBAI -or- n Direct Benefit le g LMC. I.M 1, LMJ} i Achieveinents:'n Yes 0 No Po ccted Goal Actual This Quarter' Actual Cumulative Owner Type: 0 Housing Hous jJnfts _ Rental Buyer �I Total •1 'Supplemental Form ® Required - Attached Y 1 N • (1) Performance & Benefit Dada: Housing Nate HOME Wed projects must submit Ap{ cabit acti•My sof -up km: P: clotted Goal Actual This Quarter' Actual Curmdatve . ; Actnevemontst Achievements: [ Yes 0 No Type. 0 People or Q Households Projected Goa Actual This Quarter' Actual Cumulative People Total People,Low! Mod Households Torsi Low! Female 1 Households' Mod Headed d : I i— 'Supplemental Form@ Required-Allached Y / N _ (I) Performance & Benefit Data Public Service & Adnvnastrahon 0 -a- (2) Performance & Bereft Data Capital Imvovemertt & Public Faa:iies 0 -or- (3) Performance & Benefit Data Housing 0 Note IIOME kmdodprolects must RubnW:oipficabte est vly sir; up form. 0 Yes 0 it ' AS Of 0 Businesses FT Jobs Jobs Created Jobs Retained Low1Mod) PT Jobs [Low fMod Total FT Jobs Low f Mod PT Jobs •1EE 1 ............. 'Supplemental Form a Required - Performance & Benefit Data. Economic Development - Attached Y1 N Low !Mod Total - PERFORMANCE CERTIFICATION: ❑ This Certifies that No Accomplishments occurred during this Quarter omit NOTE Subm:-tla! of Supplemental Form - Performance & Benefit Data is not raauired at MS time based an the cerberabon that no naxmplishricnls ooarted dung els quaver CERTIFICATION This is to certify that the data and other information provided in this Report is correct based on official acca.•nhng system and records, and that expenditures and obligations shown have been made to the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements Report Prepared by: Signature of Certifying Official. Ria want Tide: Date: Title. Date Activity IDIS Number Report 0 is 1 ❑ is not complete • Report 0 is / 0 is not accurate • Initial review for completeness and accuracy completed by Name: Date' Name Date. Conlnois Office- tarn Leadn /Si,'wniigi Page 2 of 2 Quarterly Expenditures and Progress Report (rev 12.15-08) Office of Community and Economic Development QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS :QUARTERLYEXPENDITURE & PROGRESS REPORT - Page One - Instructions Reporting Penod Enter 'X' in the box that corresponds with the appropriate reporting period for this report Section I General Information 1 Recipient Name Fill in Inc appropnate Agency /Organization Narre 2 Contact Person Fill in the Contact Person's Name and Title 3 Telephone Number Fill in the Telephone Number of the Contact Person 4 Activity Name (Project Title) Enter the name of the actively 5. Activity Address Enter the complete address of the location where the activity is taking place 6 Activity Descnpbon Enter brief description of the activity (120 characters maximum) 7. Activity ID k• Enter Activity ID No of the activity 8 Index Code. Enter the index Code from FAMIS 9 Funding Source Enter the funding source (e.g CDBG 06, CDBG DR 07 ESG 07, HOME 98, HOME CHDO 08, etc ) 10 Funded Amount Enter the total funded amount of the activity. include additional awards (same funding source) 11 applicable 11. Activity Category Enter 'X in the box that corresponds with the appropriate Category of the activity (e.g Housing, Economic Development, etc ) 12 Objective: Enter "X" in all that apply for the pnmary objective the activity is designed to provide 13 Outcome: Enter 'X' in all that apply for the primary outcome the activity is designed to provide Section II: Financial Infomiatrnn 1 Column 8 Enter amount budgeted for the activity in each category of the approved budget (or most recent approved budget amendment) 2 Column C Enter amount expended for the activity in each category dunng this reporting penod 3 Column D Enter the actual cumulative expenditures from beginning of the contract through the end of this reporting period for each category 4. Column E. Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category 5. Column F. Enter the cumulative percent of expenditures for each category by dividing each amount in column D (Actual Cumulative Expenditures) by the corresponding amounts as shown in column 8 (Approved Budget) Example - If Column D shows $5,000 expended to dale in the Personnel Category and Column B shows $20,000 in the Approved Budget for this category, then the percentage in Column F would be 25% 6. Column G. Enter amount of projected expenditures in each category for the next quarter (reporting penod) 7 Column H Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contract period 8 Total Please include totals at the bottom of each column B through H 9 Generate Program Income?. Enter "X" in the "Yes' box if this activity is expected to generate Program Income, otherwise enter "X" in the qv box. 10. If the response is "Yes" to Program Income Indicate the amount of program income generated dunng this reporting period, If the answer was "No' enter N/A 11 If Program Income is generated Enter 'X' in the "Yes' if OCED approved use of the Program Income & provide copy of written approval Setter along with all related documents Otherwise, enter "X" in the No box and submit a written request for approval -or- a check payable to Miami -Dade County for the generated Program Income :'•.?tv-"ngi t }:'•i:o' `.•': <'•:`; aNCTIVITY STATtAVANDAWSPOsii eNT INFORMATfON 1 Activity Status Enter "X" in box that corresponds with the appropnate status of the acbvity (Cancelled, Underway, or Completed] Please note that an activity is considered complete once it meets its nabonal objective. all accomplishments have been reported, and all the funds are drawn from IDIS 2 Environmental Status: Enter "X' in the box that corresponds vrith the appropnate status of the activity [A=Exempt, C=Completed, or D=Underway] 3 Compliance with Original Project Schedule Enter "X" in the "Yes' box if the acbvity complies with the original project schedule If not enter 'X' in the "No' box Section 111: Work In Progress Provide a brief narrative description of work in progress during this reporting penod For example - • Housing • Dunng this period architectural drawings were completed, building department approved drawings, environmental approval received, plat filed with the County, and construction is expected to begin next quarter • Economic Development - Fifteen jobs were created dunng the reporting period, five additional jobs are expected to be created by next quarter • Capital Improvement - 75% of construction of the childcare center completed this reporting period Project on schedule and is expected to be completed by next quarter Section IV Othar Siinnnrtinn Fffnrts Provide a brief narrative descnpbon of all other supporting efforts that have begun, partially implemented, or completed dunng this reporting period Include quantifiable data whenever appropriate In addition. other expenditures of funds, including Iocalmatch and leverage contributions, should be depicted here. ?i�t1A..(ixR�ltl'1`: ]i. F�,$];19i'OGRE55a1T-PageTv<o-htstructions :;,•;:xtit:iz�n�*s:�<±??>`0,xz��i.':G�'r�:'��:5=••,.s=?, � r Section V Problems Encountered Provide a bnef narrative description of any problems or decays that may have been encountered during this reporting penod or that are anticipated in the next quarter Report any problems that may impact the project as onginally proposed. including but not tinted to changes in Scope of Services beneficiaries, target area, or other proposed outcomes Recipients are encouraged to notify the Contracts Officer to report/discuss any problems encountered in order to resolve them as quickly as possible Section VI: Technical Assistance This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity Instructions, Definitions & Aaonyms [created 61301081 revised 9/5:08 Page 1 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS • Section VII Performance Measurement 1. Accomplishment Type Enter 1C in the box that corresponds to vnth the actual accornpl:shment type of this activity (People, Households, Businesses. Organizations, Housing Units, Public Facilities, or Jobs) 2 National Objective. Enter 'X' in the box that corresponds with the National objective of this activity Refer to Attachment A in the Contract to locale the National Objective for the activity - or- contact the Contracts Officer to obtain this information actio. <l.�• : <�.. Yn..wh,. '?>�.0 Code LMA LMAFI LMASA Beneficiary Type Area Basis Benefit Area Basis Benefit Area Basis Benefit W. Descnption Low/Mod Area Benefit IC 1 Low/Med Area Benefit, Community Devetopr./est Financial Institution {CDFI) LowiMod Area Benefit, Neighborhood Revitalization Strategy Area LMC Dnecl Benefit LMCMC LMCSV LMH Direct Benefit Direct Benefit Direct Benet LMHSP Direct Benefit LMJ Direct Benefit 24 CFR Citation 570 208(a)(1) 570 208(d)(6)(i) 570.208(d)(5)(r) Low/Mod Limited Clientele Benefit Low/Mod Limited Clientele, Microenterprse Low/Mod Limited Clientele, Job Service Benefit Low/Mod Housing Benefit Low/Mod Housing Benefit, CDFI or Neghbonccod Revitalization Strategy Area LowiMod Jab Creation/Retention LMJFI Direct Benefit LMJP Direct Benefit SBA SBR Law/Mod Job Creation/Retention, Public Facilityilmprovement Benefit Low/Mod Job Creation, Location Based Designated Area Basis Stun -Alight Area Benefit Urban Renewal Area Slum/Blight in an Urban Renewal Area SBS URG Spot Basis Slum/Blight Spot Basis Urgent Need Urgent Need 570 208(a)(2) 570.208{a)(2){iii) 570.206(a)(2){iv) 570 208(a)(3) 570.2080)(5)¢i) 570 20 L • 6 570.208(a)(4) 570 208{a)(4)(w)(F) 570 208(a)(4)(iv) 570 208(b)(1) 570.208(b)(3) 570.208(6)(2) 570.208(c) The data in this section is required on a quarterly basis for the reporting penod and cumulative (from the beginning of the contact period through the quarter being reported) It there are no accomplishments dunng the reporting penod, the data for this Quarter and Cumulative may be left blank. and the Recipient must complete the Performance Certificabon check box for "No Accomplishments" 3. Total Housing Housing activities that Construct or Rehabilitate Rental Units, Acquire and/or Construct New Homeowner Units. Rehabilitate Homeowner Units, or provide Homeowner Counseling and Direct Financial Assistance to Homebuyers must complete this section 11 any accomplishments am achieved in the reporting period and complete the Supplemental Form,'Performance and Benefit Data Housing' 4 Total People or Households Acbvities that provide Public Services or Administrative (e g , Fair Housing Activities) must complete this section if any accomplishments are achieved in the reporting penod and complete the Supplemental Form, "Performance and Benefit Data. Public Services -or- Administration" Capital Improvement and Public Facilities Activities must complete this section if any accomplishments are achieved in the reporting penod and complete the Supplemental Form, "Performance and Benefit Data Capital Improvement & Public Facilities" 5 Total Jobs Activities that create or retain jobs. and/or provide assistance to businesses, must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, Performance and Benefit Data Economic Development" 6 Performance Certification. The Performance Cerbftcabon check box for 'No Accomplishments' must be checked and initialed by the Certifying Official if there have been no accomplishments dunng the reporting penod This item certifies that there have been no accomplishments dunng the reporting penod and the Recipient is excused from providing any further accomplishment information on the actwity status as required by HUD Reference HUD "Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs" A copy of the Notice and additional information about performance measurements is available at the following link. httq!/www hud aovlofficesfcodlaboutloerformancel 7. Report Prepared By: The name and title of the report preparer, along with the date, must be completed 8. Signature of Certifying Official The Cerbfying Official of the Recipient must sign the report, his or her btie must be entered, and the certification must be dated r"C SUPPLEMENTAL FORM: PERFORMANCE & BE NEM: '.'•` r ' ''3i{jl�tr`?y k,. ;;j:(NST.RUCTtONS w 3<:<•: This Performance and Benefit Data Report must be completed and provided to OCED for any quarter when actual accomplishments are achieved, the activity is completed, and the national objective is met. In addition. direct benefit or area benefit data must be provided as well Please fill out the requested information completely and accurately as applicable for the funded acbvity The following general information is available on Attachment A in the contract Activity ID, Activity Category, HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective All reports must include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter, and the report must be dated Instructions, Definitions & Acronyms (created 6730/181 mvtsed 915708 Page 2 05 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS 1..Mitbilifilitl,.rfl�5�t iTMOd`.e atiiftSli� .'¢•\ Project Category (required] Enter 'r in the box that corresponds with the funded project type Accomplishment Type! Measures [required] Enter "X' in the box that corresponds with the funded project type Accomplishment Units Completed [required]. Indicate the number of persons or households served and number that are towirnod income. �5.�5 °<c �6.-aa-c„s;-c;•c.�:.cs-c;-�.-c:-c .d,��:-c:-circ:-c:-a;-�:-��s-c,-� Performance Measurement & Accomplishment Information (required] (1) Indicate the total number benefibng from the activity (2) Indicate method used to count the number benefiting from the activity - by Households served or Persons served (3) Of those assisted, responds to each inquiry - a through c - by providing the number that benefited, and provide the total for all Direct Benefit information [required] Beneficiary information must be provided in this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ. LMJFI, or LMJP Otherwise, complete the Area Benefit Information section Provide information for actual number of households or persons assisted, for this reporting period and the cumulative total. Also, provide requested Infornabon in the Income Category and Other Beneficiary Data Sections. Area Benefit Information [required]. If applicable for funded activity Funding Sources !Leveraging of Funds [required] HOME Funded Projects Only [required] Enter 'X' in the box that corresponds with the funded HOME tenure type, complete the correspariding Form, & attach it to the report Project Type [required] Enter 'X' in the box that corresponds with the funded project type Number of Units Completed [required]. Indicate total number of Rental Units, Owner Units. or Homebuyer Households completed for the funded activity CDBG Multi -Unit Activity, if applicable Provide alt requested information for both charts in this sedion Displacement Information, if applicable Provide all requested information in the chart Replacement Information, if applicable Provide all requested information in the chart Performance Measurement & Accomplishment Information [required], al applicable sections must be co npleted (1) Provide number of Affordable Units and respond to each inquiry -a through 1 - by providing the requested information (2) Provide number of Section 504 Accessible Units (3) Provide number of units qualified as Energy Star (4) Provide number of units brought up to HOS/Local Code (Rehab only) (5) Provide number of units brought in compliance with lead safety (Rehab only) (6) Provide number of units created through conversion of non-residential to residential buildings (Rental Rehab only) (7) Provide number of households previously living in subsidized housing (Acquisition/Construction New Homeowner only) Direct Flnanclal Assistance to Homebuyers, d applicable (1) Provide number of first-time homebuyers and of those, indicate number that received housing counseling (2) Provide number receiving Down Payment AssistanceiClosing Costs 6 -4.4..61/4•49. -49• -ac -g -a: -S- -6;•6.4. Direct Beneficiary information [required] - must be completed for the actual number of households assisted, for this reporting period and the cumulative total Also, provide requested Information in the Household Income Category and Other Beneficiary Data Sections Funding Sources 1 Leveraging of Funds [required] Required Attachments must be provided if applicable. Instructions, Definitions & Anonyms (created 6/30/081 revised 915108 Project Type (required] Enter "X" in the box that corresponds with the funded project type Measures Aoquisiuonn?Disposition and CiearanceiDemotition activities only - Enter 'X" in the box that corresponds with the funded activity Accomplishment Units Completed (required] Indicate the number of units completed [Structures, Parcels. or Facilities] number of persons served, and number that are lowimod income wSwSac'.wSrSrSwS-G�•E.roSvSr51�wS�E.�-d.K,+�r,+-G;4;-G;-G �G •G+"s-c: Performance Measurement & Accomplishment Information [required] (1) Enter total number benefiting from the activity for the program year (2) Indicate if the count is by Household or Persons (3) Of those assisted, respond to each inquiry - a through h - by providing the number that benefited. and provide the total for each section '�'�'�"i"'rn'�ll^rai'�Si'V�i'VS•$+'V�^lh V+^:l^y�l+f.,°E1q.S°irl �l, �(,11rS1,S"el'{.1VS VS Direct Benefit Information [required] Beneficiary information must be provided in this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP Otherwise, complete the Area Benefit Information section Provide information for actual number of households or persons assisted. for this reporting period and the cumulative total Also, provide requested information in the Income Category and Other Beneficiary Data Sections Area Benefit Information [required] If applicable for funded activity Funding Sources 1Leveraging of Funds [required] uired Attachments must beA(rowded if a((mj)icable C11.•.1 vAtla'rf. Rs'MENT Note Jobs data should be prepared as accomplishments take place (as jobs are created) or on a quarterly basis, at a minimum hob Creation andior Job Retention Information [responses required for this coomptishment Type] (1) Complete the Job Creation area if the activity is expected to create jobs, otherwise, complete the Job Retention area if the activity is expected to retain jobs (2) Indicate the number of jobs created or retained, as applicable, by job type for this reporting period and the cumulative total (3) Direct Benefit Information - must be completed for the actual jobs created or retained, as applicable, for this reporting pend and the cumulabve total Also. provide requested information in the Income Category and Other Benefiaary Data Sections (4) Number of jobs created with employer sponsored health care benefits (5) Number unemployed prior to taking job created (6) Number of jobs retained with employer sponsored health care benefits (7) Provide explanation if proposed goals are not met Assistance to Businesses [responses required for this Accomplishment Type] (1) indicate total number of business assisted, of that amount indicate how many are new businesses and the number of existing businesses (2) Of the existing businesses, indicate how many were expanding businesses and the number that were relocating (3) Indicate the number of businesses assisted with facade treatment or business building rehab (4) Indicate the number of businesses that provide goods or services to meet the needs of a service area, etc (5) Provide the DUNS number for each business assisted [a requirement for any business that receives Federal assistance] '�l'�'Uh"rP'�" ('; 1s�;VV�"Ri 'Ri �15i 1+11 {ls vS15i {S, ��1iaCih�Cs �tS 1,SyS1,S�.S 1i Area Benefit Information [required] Funding Sources ! Leveraging of Funds [required] Required Attachments must be provided, if applicable Pap 3of5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS DEFINITIONS & ACRONYMS Area Benefit Those activities having a national object vc of LMA, LMAJI. and LHASA Beneficiary data is receded by Survey or Census data for the percentage of low- and moderate -income persons in the service area CDBG regulations specify that 51 percent of the residents of the service area must be LMI Examples of area benefit activities include street/sidewalk improvements, water/sewer lines, neighborhood facilities, and facade improvements in neighborhood commercial distncts Census Block: A geographic area bounded by visible andfor invisible features shown on a map prepared by the U.S Census Bureau A block is the smallest geographic entity for vhtich the Census Bureau tabulates decennial census data Census Tract. A small, relatively permanent statistical subdivision of a oounty or statistically equivalent entity, delineated for data presentation purposes by a local group of census data users or the geographic staff of a regional census center in accordance With Census Bureau guidelines CDBG National Objectives The authonzing statute of the CDBG program requires that each activity funded except for program administration and planning activities must meet one of three national objectives All CDBG activities must achieve ore or rnore of these national objectives • Benefit to low and moderate -income (LMI) persons, • Aid in the prevention or elimination of slums or blight, and • Meet a need having a particular urgency (referred to as urgent need), e g . existing conditions pose a senous and immediate threat to the health or welfare of the community In addition, a minimum of 70% of the CDBG program expenditures must meet the LMI benefit national objective Direct Benefit' Those actmttes having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP Beneficiary data is reported by the total number of persons or households benefitting from an activity DUNS Number Data Universal Numbering System (DUNS) number is a requirement for any business that receives Federal assistance. If a business does not have one, it should can the DUNS number request fine at 1-866-705-5711 to obtain a number The process is free and takes about ten minutes ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE to help us all save money and protect the environment through energy efficient products and pracbces HUD encourages inoorporabon of ENERGY' STAR qualified products and practices when conducting rehabilitation or constructing new housing Likewise, ENERGY STAR is a data element for energy conservation activities for the housing indicator categories in the performance measurement system Extremely Low -Income Households with annual income fess than 30% of the area median income, as established by HUD The number of household members is used in the determination Ethnic Categories- HUD and grantees are required to treat ethnicity as a separate category "Hispanic or Latino' and "Not Hispanic or Not Latino' are designated as separate ethnicity categories • Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race The term, 'Spanish origin,' can be used in addition to "Hispanic or Latino" • Not Hispanic or Not Latino A person not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race Family All persons living in the same household who are related by birth, marriage, or adoption Household At persons occupying the same housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any group of related or unrelated persons who share living arrangements. Housing Quality Standards (HQS): HOS are set acceptable conditions for intenor living space, building exterior, heating and plumbing systems, and general health and safety The purpose of HQS is to determine whether a housing unit is decent, safe and sanitary Income (1) Annual income as defined under Section 8, (2) Annual income as reported under the Census long form, or (3) Adjusted gross income as defined by the IRS Form 1040 Low Mod Job Creation or Retention (LMJ) An activity designed to meet the National Objectve of creabng or retaining permanent jobs, at least 70 percent of which (computed on a full-time equivalent basis) wilI be made available to or held by LMI persons Low Mod Limited Clientele (LMC). An activity carred out to meet the National Objective of benefit to LMI persons Activities under the LMC category must meet one of the following criteria. • Benefit clientele that is generally presumed to be pnncipally LMI (abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers), or • Require documentation on family size and income in order to show that at least 70 percent of the clientele are LMI, or • Have income eligibility requirements limiting the activity to LMI persons only; or • Be of such a nature and in such a locabon that it can be concluded that clients are pnmanly LMI Low Mod Income Area Benefit (LMA) An activity carried out to meet the National Objective of benefit to LMI persons that benefits all residents in a particular target area, where at least 51 percent of the residents are LMI persons Low and Moderate Income (LMI): Low and moderate income means family or household annual income less than the Section 8 Low Income limit, generally 80 percent of the area median income, as established by HUD Low -Income Household/Family A household/family having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median income) as established by HUD Low Income. Households with annual income less than 50% of the area median income, as established by HUD Low Mod Housing (LMH) An activity earned out to meet the National Objective of benefit to LMI persons/households, e g , acquisition, construction. or improvement of permanent, residential structures which, upon completion, will be occupied by LMI households. Matrix Codes The matnx code indicates how tho activity is eligible under CDBG regulations, it generally identifies the purpose for which assistance was provided, and determines the type of accomplishment units that should be reported Mrcroenterprise A business that has five or fewer employees, one or more of whom owns the enterpnse Moderate -Income Household/Family A household,Tamiy having an income equal to or less than the Section 8 Low Income limit (80% of area median income} established by HUD, but greater than the Section 8 Very Low Income limit (50% of area median income) established by HUD Instructions, Definitions & Acrcnyrns (created 6130,»8) revised 9/508 Parc 4 of b QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Objectives' The objectives capture the range of community impacts that am expected to occur as a result of program activities There are three possible objectives for each acbvity 1) Creating Suitable Living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities Outcomes The program outcome helps further refine the activity's objective and captures the nature of the type of change sought or the expected result of the activity There are three possible outcomes 1) AvailabilityfAccessibildy, 2) Affordability, and 3) Sustainability Period of Affordability The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit may be sold without penalty to the homeowner Program Income. Any gross income received by the sub recipient that was directly generated from The use of CDBG funds (24 CFR 570.500(a)) Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categones to identify the racial demographics of the individuals andior the communities they serve, or are proposing to serve 1 American Indian or Alaska Native A person having ongms in any of the onginal peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 2 Asian. A person having origins in any of the original peoples of the Far East. Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam 3 Black or African American A person having origins in any of the black racial groups of Africa Terms such as "Haitian' or Negro' can be used in addition to "Black or African American " 4 Native Hawaiian or Other Pacific Islander A person having ongins in any of the original peoples of Hawaii, Guam, Samoa. or other Pacific Islands. 5 White A person having origins in any of the onginal peoples of Europe, the Middle East, or North Africa 6 American Indian or Alaska Native & White A person having these multiple race hentages as defined above 7. Asian & White A person having these multiple race heritages as defined above 8 Black or African American & White. A person having these multiple race heritages as defined above 9 Amencan Indian or Alaska Native & Black or Afncan Amencan A person having these multiple race heritages as defined above 10 Other Multi -Racial A person reporting multi -race heritages not included in any of the other nine categories listed above, and that have a total count that exceeds one percent of the populabon sensed Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap If imposes requirements to ensure that "qualified individuals with handicaps' have access to programs and activities that receive Federal funds. Minimum requirements include, but are not limited to 1) Removal of Physical Barriers, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative Requirements Sub recipient: An entity that assists the recipient to implement and administer its program. Sub recipients are generally nonprofit organizations that assist the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a lob -training program Sub recipients are also referred to as sub grantees Survey. The survey instrument and methodology must be approved by HUD for the purpose of establishing the percentage of LMI persons in a service area A survey must meet standards of statistical reliability that am comparable to that of the Decennial Census data for areas of similar size Additional guidance is available in CPD Notice 05-06 Instructions, Definitions & Acronyms (created 61301/081 revised 915!08 Page 5 of 5 MIP.M I -DADS 4 COUNTY Recipient Name Activity Name Activity ID HUD Activity Matnx Code _ HUD Matrix Code Description Performance & Benefit Data Capital Improvement & Public Facilities Supplement to Quarterly Expenditure and Progress Report • FY 2009 Activity Category Accomplishment Type ❑ Acquisition / Disposition ❑ Clearance / Demolition ❑ Street Improvements ❑ Public Facility I Type' ❑ Building / Type ❑ Other Capital Improvement !Type 1. - 02•.gIIt ! tl�}r jit a.f yr� 11. p�y� let __ t t �'. >. K '{1\ 52". Y S+Aird r pl ly . :rd t L C, iU4 rLC' In scab i 'Ona eciv inc u e . SBR. SBS orURG ❑ Structures • ❑ Parcels ❑ Structures • 0 Parcels Persons Served • Low & Moderate Income Persons Served • Low & Moderate Income Facilities • Persons Served • Low/Mod Income [m tale tool Persons Served • Low & Moderate Income • •ReportingPeriod 16'Quader�iJan-Mai�l f1 2:* Quartet 'gni-turf. 1 1 1 1 31 Quarte�r+ i(Jul- 4e" Quarter [Oct -Dec] t Arpival Rep A. U j # of Structures # of Parcels # of Facilites # of Persons Served # of Low/Mod Income 1 Total benefiting for program year 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 2 Counts by Households (H) -or- Persons (P) 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 RACE f ETHNIC CATEGORY instructions- lndiple the total number of households or persons served n each Racial Category for this reporting period and the wmulatve total From tre total number depicted in each Rada! Category, indicate lie numbers that are of Hispanic Ethnicity foe this reporting period and the cumulative total '':F%REPORFPI:(N '$'„R `i `c;::"::'s �%CUHDF1ki VEtLOThkSi$i:>i%;: Racial Categories cur "Ca Racial Cartes Ethnic Category_. Total Number Nurrfeer t Total Miff ber I NumGeTHikpanic_ RACIAL CATEGORIES White [11] Blade! African Amencan [121 Asian (13] American Indian 1 Alaskan Jyative (141 Native Hawaiian I Other Idacilic Islander 1151 American Indian /Alaskan Native & White [16] Asian & White [17] Black / African Amencan & White (191 American Indian or Alaskan Native & Black f African [19] Other Multi Racial [29] Totals Podomlance & Benefit Data Capital improvement & Pubic Facilites [rev 12.10-05) Page 1 of 2 Supplement to Quanorty Expenditure & Progress Report MIAMI- E COUNTY Performance & Benefit Data. Capital Improvement & Putillc Facilities Supplement to Quarterly Expenditure and Progress Report • FY 2009 r 5j.<csk-Qi,S?y`°�{§ tail lIditmge).1",in`c, atK.r.sniR` DIRECT BENEFIT BY INCOME CATEGORY Income Categories Extremely tow (30% or less) Low (31% - 50%) Moderate (5190 -80%) Non Low:Mcd (B1% or greater) Totals REPORT PERIOD TOTALS Total Number CUMULATIVE TOTALS Total Number OTHER DIRECT BENEFIT INFORMATION Iy I REPORT PERIOD TOTALS CUMULATIVE TOTALS f Total Number Other Categories TotalNumaer Tota! 4 Benefiting from the Activity of Female Headed Households W J Ca -- '•fnl�:.'ticla�la:itttat.lia�libSywRp1ili \V;����.'�'�i` ',\\VQ�: \ v\ Census ( C) or Survey (S) Oala Used Total tft of LowlMcd in Service Area Pc•cent of Low/Mod in Service Area. Census Tract Block Groups Census Tract Block Groups Census Tract _-_ Bleck Groups If (S), enter 0 of Low/Med & Tota: Population Total Low/Mod Universe Population In Service Area c $ 1 CO3G Funds 2 HOME Funds 3 ESG Funds 4 Section 108 Loan Guarantee 5 Ofner Federa: Funds 6. State 1 Local Funds 7 Private Funds 8 Other Total Funds nix c FYGCnp SOU'M REQUIRED ATTACHMENtS f" y .p.NG21o1(�i.}:G1�C3fzi_Gf ttr, pl8(lonriid 2; clic{ ri ,.ri•6a do.u.nenle ion:>, depu!r..).ia ni.. Cont ed er £u.we of SeNces Report Prepared by Signature of Certifying Offiaal Ma None Performance & Bend Data Capital Improvement & Public Facilities [rev 17-10-08) Title Title Date Date Pate 2 cf 2 Supplement to Quarterly Expenditure & Progress Report ATTACHMENT D MIAMI-DADE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grant or loan recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part I. AGENCY AND PROJECT DETAIL 1 Indicate Funding Source - El CDBG ❑ HOMELESS (SROISHP) 2 Indicate Fiscal Year: FY 20 3 Name of SubrecipienUAgency 4 Name of Proposed Activity. ❑ HOME ❑ EDI 5 Location (Address with City, ST and Zip) of Activity or Project 6 Site Folio Number(s)• 7 Commission District(s) 8. Direct Contact information of loan/grant recipient Name Address City. I State Phone 1 Fax �J HOPE VI ❑ BEDI I Zip Form Revised 10112107 9 Detailed descnption of activity or project 10 What is the purpose of the activity or project? For example, Public Service, Economic Development, Histonc 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 acbvity or protect result in the following? YE5 NO 1. change in use 2 6'6 -surface alteration (i e excavations) 3. New construction 4 Renovation or demolition 5 Site improvements (utilities, sidewalk, landscaping, storm _drainage, parkin areas, dnves, etc) 6. Building improvements (windows, doors, etc.) j )splacement 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 RlIons of sew ge r day 12. Use requmng opera ng permit (ii e for hazardous waste, pretreatment of sewage, etc ) 13. A sanitary landfill or haous waste disposal site 14. Tremoval or reloca ion 15 Slreet improvements 16. The impounding of more than 10 acre feet of water (e g digging a I 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 j acre or more? ❑ YES ❑ NO If yesa site nlan must be orovided Proiect(s) will not be environmentally reviewed without a site plan 3. Photographs Does the activity include new construction, renovation or rehabilitation? [} YES ❑ NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent lots The photographs shall be identified by address In addition, provide for each existing structure on the site, the following information • Existing structure(s) on site? ❑ YES ❑ NO • Estimated age of structure(s)? 4. Value of Improvements Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES ❑ NO 3 • If yes, what is the estimated cost of rehabilrtahon or renovation? What is the amount sought for funding? In addition, indicate if the estimated value of the improvement represents O 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 secunng 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 infomiahon 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 slams in the soil Has a Phase I been performed? 6. Environmental Health Information ❑ YES ❑ N0 • 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 7 Other Site Information 1 Flood insurance required? 2 Public water available on site? 3 Public sewer available on site? YES 4 Children under 7 years of age residing on site or relocating to site (including day care facility)? 5 Hazardous waste disposal facility? 6 Storage of hazardous materials on site? 7 Abandoned structure(s) on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents 1 For all projects. Submit streeUplat 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 descnbing 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 1 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 andlor incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, 1 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. Pnnt Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to. Community and Economic Development Division Director Office of Community and Economic Development 701 NW 151 Court • 14th Floor Miami, Florida 33136 5 TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity Economic Development New Construction Rehab Non-ConstructionlExoansion Housing Single Family Rehab Multi -Family Rehab New Construction Homeownership Assistance Affordable Housing Pre-Dev Capital Improvement Handicapped Access Public Facilities Infrastructure Public Services Employment Crime Prevention Child Care Youth or Senior Services Su000rtive Services Type of Publication EXEMPT* CENST** No Public Notice/No RROF X X X X No Public NoticelNo RROF CEST*** X' X xI No Public Notice/No RROF (No Statutory Requirement Triggered) Or Publish NOURROF (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30-45 Days 30-45 Days 45-90 Days Triggered Statutes) X' If for continued use and change in density (or size) of less than 20% X2 Change in density (or size) of more than 20% 4* *,* Exempt CENST CEST EA Exempt Activities Categorically Excluded and Not Subject to 58 5 Categorically Excluded Subject to 58.5 Environmental Assessment (Format II) 6 EA*'** X X2 X2 X2 Publish FONSI and NOURROF 90 Days Minimum ATTACHMENT E 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 matenal 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 entenng 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: Print: Title: Date: (Signa ed Rep 'ntafive) (Print Name of Find Auth 7_.C1 dR'p•senti ive) 64- Lke In ra (:oY /13% 09 4' On F6" Project Name Project Cost Efltliy Miami -Dade County Carlos Alvarez Mayor Board of County Commissioners Bruno A. Barreiro Chairman Barbara J Jordan District 1 Dorrin D. Rolle District 2 Audrey Edmoason District 3 Salty A. lleyivan District 4 Bruno A. Barreiro Disulcts Rebeca'Sosa L*triit 6 Carlos; A. Gimencz District 7 Barbara J. Jordan Vice -Chairwoman Katy Sorenson District 8 Dennis C Moss District 9 Sen. Javier D. Souto District 10 Joe A. Martinez Muria 11 Jose "Pepe" Diaz District12 Natacha Seijas District 13 Harvey Ruvin Clerk of the Circuit and County Courts George 4. Burgess County Manager R A. Cuevas, Jr. County Attorney Moho COMMUNITY MO ECONOMIC OEvaopMENT l3'ver 23l'ears of JYrenglhetting Milian -Dade Qnany ATTACI[MEN1 F Ston I'he sign (s) shall be made of Y. inch thick marine plywood, newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materuls. The Contractor shall place the sign (s) securely braced and mounted. All materials shall he provided by the Contractor and the sign(s) shall remain in the property of the Owner at the completion of the contract Sten Support The sign shall be free standing, prominently displayed as directed hy OCED representative, and supported hy two 4"a4"X10' pressure treated timbers securely fastened to the rear of the sign and sunk 4' below grade. Clearance from the bottom of the sign to the grouted shall be 1' • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a bettor place to call borne"' CHARLIE GRIST THOMAS G Rant Derma Sec:eaY The llonorabk Carlos Alvarez Mayor. City of Miami 111 NW First Street, 29th Floor Miami, Florida 33128 JUN 3 0 2008 Re: Disaster Recovery Community Development Block Grant (CUBG) Program Contract ft 08DR-D3-11-23-01-A01 Dear Mayor Alvarcr. We are pleased to return your executed Disaster Recovery CUBG Award Agreement with the Ihpa ::,n.••i % i Community Affairs (DCA). The Agreement must be retained m your official CDBG files and made availabb? ,m public review upon request Please note the following instructions before beginning your project: • Do ant incur or obligate more than 515,000 in expenses until you complete an envisouunc.,•-i review of the project and receive a release of funds notice from the Department. You may .c. J" to 515.000 in administrative costs to cover the environmental review and other start-up activinr.s • Your contract contains performance related Program Conditions (Attachment C, Section must be met before funds for construction may be drawn. Special Conditions, if applu. ‘,1t. reflected in Attachment J Review your contract immediately and begin the process of nitt•“1•. applicable program or special conditions. • Enclosed are copies of the Projection of Contract Payments Forni, Quarterly Repon Fa•., .r•' Minority Business Enterprise Report (with instructions). Use these fonns.to project quancrly p.n needs, to report accomplishment data and to report contractual activities. The Department process an electronic payment request for an amount less than 55,000 (unless it is the final payment; We look forward to working with you and will provide technical assistance upon request 11 yno r •, questions, please contact Terri Chastecn, Community Assistance Consultant, by phone at (850) 410-0587 w mail at tern chastee a Qa taje.11.us. GUSrtjc Enclosures Sincerely, I D. Stafford. Int nm Administrator Florida Small Cities & Disaster Recovery Programs cc Jose Cantron, Director. Miami -Dade County Office of Community & Economic Development Tangie White Jackson. Director. Miami -Dade County Community and Economic Development Division 2555 SHUMARO OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850.488-8466 (p) • 850 921-0781 (1) • Welsite. www Cha state fl us • COMMOMnY PLANNING a50.49•309 :p) Mali 1.10910 • • NDUSINGAND COMMUNITY DNEWPMENT 630 Ab79t61p1 850-922-5623 ID • CDBG Agreement Number: 0808-03.11-23-01-A01 2008 JUN 27 PH 2: 20 CFDA Number: 14.228 Applicable Rule: 9BER07-1 Florida Administrative (code FEDERALLY -FUNDED 2005 SUPPLEMENTAL DISASTER RECOVERY SUBGRANT AGREEMENT CHIS AGRLEMEN f is entered into by and between the State of Florida. Department of Community Affairs, with headquarters m Tallahassee. Florida (hereinafter referred to as the "Department"), and Miami -Dade County, (hereinafter referred to as the "Recipient") THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS' A. WHEREAS. the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein, and B WHEREAS, the Department has received these grant funds from the U 5 Department of Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the terrns and conditions hereinafter set forth; and C WHEREAS, the Department has authority pursuant to Florida taw to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ('the Subgrant Application"). (2) INCORPORATION OF LAWS. RULES REGULATIONS AND POLICIES Both the Recipient arid the Department shall be governed by applicable Stale and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) P[RIOOQF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR APPROVES SUCH EXTENSION. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall bo subject to the federal "Common Rule Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No A-122, "Cost Principles for Nonprofit Organizations " If this Agreement is made with a commercial (for-profit) organization ori a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2 (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement. for a period of six (6) years from the date of final closeout of this Agreement, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of six (6) years from the date of final closeout of this Agreement, unless extended in writing by the Department, with the following exceptions 2 1. If any litigation, claim or audit is started before the expiration of the six-year period and extends beyond the six-year period. the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2 Records for the disposition of non -expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for six (6) years after final disposition 3 Records relating to real property acquisition shall be retained for six (6) years after closing of title (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs. in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work. Attachment A, Attachment 8, Activity Work Plan(s), the Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid frorn funds provided under this Agreement, shall allow access to its records at , but not be limited to, auditors retained by the Department (6)AI�DIT REQUIRFMFNTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8 00 a m to 5.00 p.m.. local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement 3 (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in ds fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133 as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than 5500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Reapient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.o , the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d). 0M13 Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following 4 Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (An electronic copy shall also be submitted to purilla parrish@dca state.fl.u, and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections 320(d)(1) and (2). OMB Circular A.133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address Federal Audit Clearinghouse Bureau of the Census 1201 East 101D Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (t), OMB Circular A-133. as revised. (1) Pursuant to Section .320 (t), OMB Circular A-133, as revised. the Recipient shall submit a copy et the reporting package described in Section 320 (c), OMB Circular A-133. as revised, and any management letter issued by the auditor, to the Department at each of the following addresses - Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (An electronic copy shall also be submitted to aurilla_parrish(aldca state.fl.ug) (9) and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular 5 A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10 650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (1) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shalt be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance (f) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, 1a Stat The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than nine (9) months frorn the end of the Recipient's fiscal year. (7) flePORT5 (a) The Recipient shall provide to the Department reports and information as identified in Attachment D (b) If all required reports and copies. prescribed above, are not sent to the department or are not completed in a manner 'acceptable to the Department", the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES 'Acceptable to the Department' means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachmerits A and B of the Agreement. and the Subgrant Application and subsequent revisions that are mutually agreed to by both parties. 6 (c) fhe Recipient shall provide such additional program updates or information as may be required by the Department (d) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C F R Part 58 within ninety (90) days from the date of execution of this Agreement (e) The Recipient shall provide such additional program updates or information as may be required by the Departrnent (0 The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F R. Part 58 within ninety (90) days from the date of execution of this Agreement. (8) MONITORIN&C The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215 97, Fla. Stat, (see Paragraph (6) AUDIT REQUIREMENTS, above), monitonng procedures may include, but not be limited to, on-site visits by Department staff, Limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor 7 General In addition, the Department will monitor the performance and financial management by i-• Recipient throughout the contract term to ensure timely completion of all tasks (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 7€ Fla. Stat . the Recipient shall be solely responsible to parties with whom it shall deal ui carrying out the terms of this agreement. and shall hold the Department harmless against all claims of whatever ea'.: third parties arising out of the performance of work under this agreement For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, hut is an indcf contractor (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Sti ., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat_tr. •- negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions Nothing herein it, intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State .tf Florida to be sued by third parties in any matter arising out of any contract. (10) !EFAQLT If any of the following events occur ("Events of Default'), all obligations on the part c:' Department to make any further payment of funds hereunder shall;.if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11. but the Department may make any payments or parts of payments atter the happening of any Events of Delimit without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in 8 this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder, 1 (14 If any material adverse change shall occur in the financial condition of the Recipient at arty time during the term of this Agreement. and the Recipient fads to cure said material adverse change within thirty (30) days from the lime the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect. incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement (11) REMEDIES Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies. either concurrently or consecutively' (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail return receipt requested. to the address set forth in Paragraph (13) herein; (b) this Agreement; Commence an appropriate legal or equitable action to enforce performance of (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1 requesting additional information from the Recipient to deterrnine the reasons for or the extent of non-compliance or lack of performance. 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected, 9 3 advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question, or 4 requiring the Recipient to reimburse the (Department for the amount of costs incurred for any items determined to be ineligible, (o) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity No waiver by the Department of any nght or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances Cause shall include, but not be limited to, misuse of funds, fraud; tack of compliance with applicable rules, laws and regulabons; failure to perforin in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat. as amended. (b) The Department may terminate this Agreement for its convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice 10 (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) When this Agreement is terminated. the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible Costs incurred after the date of receipt of notice of the termination will be disallowed Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested. to the representative identified below at the address set forth below and said notification attached to the original of this Agreement IS (b) the narne and address of the Department contract manager for this Agreement Terri Chasteen, Community Assistance Consultant Florida Disaster Recovery CDBG Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 413-9217 Fax: (850) 413-9358 Email: Tcrri.Chasteen@odca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is Tangie White Jackson, Director Miami -Dade County Community and Economic Development Division 701 NW 1" Court, 14'" Floor Miami, Florida 33136 Telephone: (786) 469-2165 Fax: (786) 469-2226 Email: whitan@miamidado.gov 11 (d) In the event that different representatives or addresses are designate•:i party after execution of this Agreement. notice of the name, title and address of the pew representative will be rendered as provided in (13)(a) above (14) SUBCON TRACTS If the Recipient subcontracts any or all of the work required under this Agreement. 4 of the signed subcontract must be forwarded to the Department within ninety (90) days after exec::c. the subcontract. The Recipient agrees to include in ttie subcontract that (i) the subcontractor is b the terrns of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is b:;ar:e ,: all applicable stato and federal laws and regulations, and (iii) the subcontractor shall hold the Dep-.rr•:'., •, and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by taw Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient For each subcontract. the Recipient shall provide a v,' d statement to the Department as to whether that subcontractor is a minority vendor, as defined in Si•c, ':^ 288 703, Fla Stat._ (15) TERMS AND CQNDITIONS This Agreement contains all the terms and conditions agreed upon by the parties (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only 7.v the extent of such conflict or inconsistency (c) Thus Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Activity Work Plan(s) Attachment C - Program Statutes, Regulations and Program Conditions 12. Attachment D _. Reporting Requirements Attachment r - Warranties and Representations Attachment H - Certification Regarding Debarment, Suspension. Ineligibility And Voluntary Exclusion Attachment J - Special Conditions Attachment K • FlondaPAPERS ID and Password Request login Form (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $ 24,993,610.00 subject to the availability of funds (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. (c) All funds shall be requested electronically through FlondaPAPERS The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of this Agreemenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behalf of the Recipient utilizing the intuitive web portal. (d) Pursuant to 24 C F.R Section 570.489(b). pre -agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reunbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature. the Office of the Chief Financial Officer Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of 13 funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs', and mailed directly to the Department at the following address Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla Stat , it a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15 00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater (19) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Slat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference The lack of accuracy thereof or any material changes shall, at the option of 14 the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient r' (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule. or is otherwise unenforceable, then such provision shalt be deemed null and void to the extent of such conflict, and shall be deemed severable. but shall not invalidate any other provision of this Agreement (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of whom may be taken as an original (e) Die Recipient agrees to comply with the Americans With Disabilities Act (Public law 101-336. 42 U.S C. Section 12101 Et se le ,), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation. State and local government services, and in telecommunications (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity. may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, mat not submit bids on leases of real property to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor Inst or on the discriminatory vendor list. (g) An entity or affiliate who has bcen placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity. may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, 15 supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity (h) With respect to any Recipient which is not a local government or slate agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals 1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency, 2. have not, within a five-year period preceding this proposal been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3 are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state w local) with commission of any offenses enumerated in paragraph 18(h)2 of this certification; and 4. have not within a five-year period preceding This Agreement had one or more public transactions (federal, state or local) terminated for cause or default Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed 'Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion' (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department pnor to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 16 (1) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropnation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 0) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bilis for any travel expenses Shall be submitted in accordance with Section 112 061. Fla _Stat, (1) the Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Sta(, and made or received by the Recipient in conjunction with this Agreement (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ('INA')) The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department (o) The Recipient is subject to Florida's Government in the Sunshine Law{Section 286.011, Fla Stat ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla Stat. 17 (21) I.OBBYINPROHIBITION (a) No funds or other resources received from the Department in connection with t this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief 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 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 contract, the making of any Federal grant, the making of any Federal loan, the entenng 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 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 agreements) and that all subrecipients shall certify and disclose accordingly. 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 fads to file 18 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 (22) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreernent provides otherwise (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida In the event that any books, manuals, films, or other copyrightable material are produced. the Recipient shall notify the Department Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State -of Florida. (c) Within thirty (30) days of execution of this Agreement. the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows or should know, could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property, which is so disclosed Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to alt patents and copyrights, which accrue during performance of the Agreement. 19 (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governuf g body has authorized. by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized RECIPIENT: Miami -Dade County Name and title Carlos Alvarez, Mayor Date- FIDD STATE OF FLORIDA DEPAR OF COMMUNITY AFF IRS BY NameandTrtle.:r..:,_' ... _.._ . . fib, R 1.3 av,a�'� 0 fin `- Division of Housing and Community Development Date. rot 301 c7� 20 EXHIBIT 1 Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following: Federal Program: U.S. Department of Housing and Urban Development CFDA #14228 $ 24,993,610.00 Compliance requirements applicable to the federal resources awarded pursuant to this Agreement arc as follows: Nom: 1f the r 9urces awarded to the recipient represent mare than one Federal program, list applicable compLiance requirements for each Federal program in the same manner as shown below. Federal Program - the Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and 13 of this Agreement and the Application incorporated herein by reference The Recipient shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. Note: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal programs and State projects included in Exhibit 1 be provided to the Recipient. A 21 Attachment A Budget and Scope of Work • 22 c 4-1 a) E Q) a a z (13 E E E a C rn co • V m i 0 C • v o E a (11 V a) N 0 d L o a V 0 O 0 10 0 1 0 Q 0 1- CC Z W d) 2 • N ra Q - F- < CO 0 U � o Q0 N 0 U m a } C6 re W E -1 _R 2 BENEFICIARIES W 0 in M co W o = z Ow CDBG AMOUNT -J1- 0 1- a. J O P9 f0 10 N .1 E cce N V UK el Oj O`m0 m C 0 p UM VuCO !.m CO 000M00 -"C) U 4 OOO 1Cx v4iz��ma co so 04 la t0NNAN 04 T W0NO0 o O O \`N CO o CO A 0 01 ei O t0 r W T O" CO • CD c9 K O) N K N N 001 a r n 0 a 0 O1 00 N CO 0 0 O 10 N a A .11111. o CDI, o N C o n ¢ ey O W 0 IC CO N X W O J 0. w ▪ 4 4.1 N 0 0 et Id N u. N w N W CO W W m N 0 N CO O) N t) 0 11) N r i"0 Y D D 7 x x > 2 -21 -J l J J J DESCRIPTION 46. a z r4 L O 0 o a 0 ¢ N C w m E o RFoy m Q. 0 a m X X C m ^ m w CC 1- U F J J O CO t d O O TOTAL UNDUPLICATED BENEFICI ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA itu 0 CO is: 0. fa C2 u. - ) o to k �<.0 4.02 in \ CO 400IX k0 400 \. ) 0.1 rN Or. . — §§ > Th Lij ID } ' § et j1 Lie zno 2 }§ \ / £ `ii! 12 6 \ 4 ƒ 6 § 2 § f; u)g — \ 2 03i t 0< < 3| ■§ t CO 2 0 0. 00 2 fk § 0 � 4 ...,sa 4.,..2 gr &a 2 a wI_, ! ! pcf i/ 0« ! • 6m 1 -J 0 cc re 0 $ §§0 d « 7 < 4 4 -3 B F © ) § 2 \ I- et # I § 0 § k K 2 k ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA § >- » O § § O &® a • %2 0? §2 ro 0 a\!I 5 . . - - R � \ 5 § 3s at 2 5 k § )1 } iz 4 0 X II to ) _ k 0 k k $ ƒ k q )— 0 1 3 ■ Lij m R IN R = 0 _ _ # — 0 cc k/ \ 7 /[ gc0-4 �} f . ) cd U. -J § . } csi uj R 2 -A -, 5 ] .J t:: § SUBTOTAL f_2 > Fe k �, §�k ce \ 0 o§ Lak tu Ul cy r. a▪ . O # § gR « « S z ; o !� G G « , Is O ( C. , k k k ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA U a K c ^ `� 0 m P m c W SZ m n 1- 7 11 QJf OLL c m 1- 0 Z of mf c v I _ I 4 Go a m m S c No m LL S. 73m .c m c O 6o. CC w W C z al 04 3 N 7 5IA TZ N E a m - 0 1- j U G 2 a C To y 'O O 8 1 .fi S' .J :' U l a J r J K cif O .i -a VI 0 0 5 m Q Z n W O L N a .~. i_ K 7 Q BENEPICIA 0 $ N N r. 1. -- CI mI 0) D Z h el o th O tttt�++illll vl 04 in is, Zm nW ? z 3 cc Ol Q¢ ❑ W :Z. W al w ar Z W a uS 0 ° v w D m c—,— _.�._ — 0 o W 4- n W a .` n u J m Ui O W JJ -I F QJ r 0H 1- Qv m0 mrt 0 03 0 0 4 0 S 0 N r * ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA m U W E 0 0 n x A C - c 0 r A 1_ = ro OLL 0 L to 0 C_ 00 IE 0 � K r w C 2 A2 :t g 3 U C j O V z 0 0 0 10 -to O O_ � R 4 0 O V — 2 re d 41, z O — a U RY no O O n W T4 0 a BEN d 0 N N O N n h O 01 co N 0 r) grN 0 t+l ^ z W 5 J M0 0 n CO N t I 2 2 2 2 j 2 j s ADMINISTRATION 0n F 2 0OO 0 D 0 ao z n INFRASTRUCTURE SUBTOTAL 3 4 w 0 re W 4 0 u.rc n W ug ^ w w z w m 0 W a J r Q 0 F a 03 1s1 0 ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA U o co w W K 0 0 W 0 N 03 n L ID D O u J —. — _ —_ _ 2 0 L o 0 O cit W. O LL 0 m' N N Q 8 W 4S. W N N u -� ..�_ �- __ W 0U. z V m Ii. o 0 ao 0 0 to W )_ 5 A Q _— c w 5) a (D $ D .2 z m 2 J O cc S N RI zz 0 2 CC h J R t`ararSjj 7 7 2 g; a8g aj w: - g 7 z Ore ; ¢p v m j V K m z O O e = N E d z� o i a m r ¢ary - K� • i I:>: 40 W.Y Wz 0 v} > w z Z a D Z 3 tt LL 10 r O 000 A 2 v N m Q a W- 2 W S W U 2 m LL y z m W tu `b �_ ._.— _� ____.. _ .___ -- w n w V rc re r a 0 re 4 'J z L ~ t/1 Q > U co LL m m O 4 S' 8D Q 1a 1 N Z N N I"' p p O p �p0 b Q m 2 COCA 0 Z J J ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA r -I ly 1: 3 y .Y O E :r 0 x a2 w •w0 V no rD m > OLL c m — m y z c m0 1- 0 N 1 o c ,- C 0 <D O r LL g a w > r t O J a I- Lil Df i >.w z E il 0 2 = Q 7 2 BEN S LL SERI E AREAS) n TO cc co) A a • zo 0 16 m — 0 E Y h n 5 Qee 0 V rt d m 0) = O oT M K 0 O w '.r DESCRIPTION 6 z y IS z zn an u) m CCc 3 2 a SUBTOTAL w re te z p QwQ 5 1- K _ to LL 2 SUBTOTAL CU CC a w U w w b Q 0 LL n w u,, b w z W CO 0 LIC U J a 3 J o F4 co o ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA 0 0 k 0 -- — — co 'aOD |J — -- o» co0 o �< / } / \ 10 0 4- C Ill , - -- 'go e G /§ q ar ` . , � \ � A f C • (—� - -&-- - ;in - f2 , 7 7 — — -' 7.-., ° 3 8 o kX -1 a ! a & 0 ro 9 co y } g 2 •:.- \ - it .• / Fe < k ��. ) \ / -- — — re (0 N f 0 Q. 0) -} 40 ( §` k ) \ =al 111 /\u. tri in 0 -- (14 10 r. \ 7NFRASTRUCURE a a , \# \}. . .,A• tu co tu 1- , q z 0 ) 1- } § ] ) ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA jr ✓ Km w W 0 (9 t z O • 0 U. m OO U Y P. 2 J C W 0 O ce - a _ U a w .0 E y 0 CO K • v A0. 0 O toto:- E W w -EWw Q 2 tLL IJ E a w ms 3 E gam¢ ee' to E o c o 2 2 3 m o O V to 9 E CO P- a � Q 22 U a OD y _O C 0 a `u 0 0 J SL 0 0 0 o o o Ce W m 'L t z N 2 2 2 2 2 2 2 5 . h a w W — U W m 0 CC] �O coCOtO 1A w N ▪ J JCC w Q —tel 0 NCr 111. w g�g W_ deo W z w to DESCRIPTION K w m Z z 0 p 0 C H In 1/1 so Z Z= o og w s K 0 Multi Unit Rehab O W a rc 0 a m CO 0 4 c9 4 cc 4 4 Q z Z j' j• D 3 0 O µ 1-H z m t > > CO m 0 O j- ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA Z L W w0 D On C 0 F 0p7 C U2 cm C a O a 4- 03 a _ .. C Q co 0 C w 1- o0 —• - a U' A ? : i L m ----"--±-.--7. N C4 CO 0 _ .... M.d' N • —• K pa Ci W C ia 7 a N 2 E 4 .10 2 3 2 >. _ 4a 7 o • c o a S O Z O 9 a O J F f:^ t E. a. Co U- li N re y. a u 2a y w N T w 2 J 1- 2 le O O co 0 CO CO0 41-4 O 0 7 S O O O u. LL T 180 180 AL CMI BENE e9 O If - R m N 2 2 2 3 z z� w w INFRASTRUCTURE M W LI 0 — W.- 6 ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA 1- K N W W 0 0 = 2 h oF D J n 0 m-- ---'----- -- — - a 6Z' co C Gl 1 43 S c C c O LLI a 0 S U a 1L 10 UI .c 2 p1 W CC ^ m . L Q d d E C 1I�V �yys-[ c Q�YI .75 • so I o J rt - S 2 • 8 C 3 _ U o 01 2o v 0 E A 0 N 5 F. • 0 W U m 0 0 C O Q u co O 8 O p1 3 a � U 0 0 1- 7 Of co D 0 U2 N 4 b coo, a 0 N o m i1>'• — 1r re '� co co ✓ r co W 2 m NUMBER 11 I DESCRIPTION 1 ADMINISTRATION m 00 2 2 2 2 2 s, s 2 J _. 2 >'•:f }. Q `c, > 1 __ W 7?' N z y^ '`'`o z E0 - •r.C7a w 'E '`' w3 0 20 D .;3 K W v a W W —may U LL co al .- Z a W co 0 W Q Lu u D J 0 7 o re a 4 J z a D z 1- — D oo F - 0m m a ,- p y n or Z SUBTOTAL m ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA ID cc 0 111 ‘,. SEM • z z - P 0 • ▪ • it ▪ r 0 a 5 to zz LU < Z - ft .= 0 re • co 1. E. O 0 o • er o 0 > ° ••••=••. C .44 TI• 10 a I° ('1al co C'1 1.- (4 r.._ N. 10 494 aC ID 111 - OC 111 O. .... 0 0 0 to lil 0 0 0 0 rz O tO t -J Z ID 03 3 c, 0 0 0 0 0 )-- co in 43 cl 0 0 sr st a csa CV CV 4 - A w X 4 ta rg > CC . . "." ..... CO ...- ;2 la "L ..7- 0 - 5 0-r 0z a a , 2 a et 0 W Z3 , o c to to 3 to 0 .0 • Z 3 z 3 o . n a , , to it cc ,,, a la 0 la CO 1 tog 4 III Z la ,-..-. 0 0 la I.. ID re V a a gCO 3 < 0 I- 4 c 4 in 411 a - .4 z z 1- 1 -ui 1- 0 - 'Attn• .. o o o .3 li; a) - 0 01- B ▪ 3 O to 00 X In zu" el �c 3 ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA u w U O 0. 0 0 N c -- c •C w 00 wo n 2z S m 0� 0 — — -- c a c 0. c o0 N02 .+c .0 a K a ti a W ~ Cal a te U 1 c 7 E a lo c ~w W 0 O S :O= z 5' N — _ .,c o 0 t 0 tui _< c g i U q . 0 7 O O a E a zz 0 -2-D N a aa~ ? o K C tt F U >> N N w 0 a > 11? = z a Q U c AS 0 -° m a we Ute,_ Z R m w N f n ,0 z c O 70 CL 0 K O w Tb a T U Q 0 0 6 vi kW: 2 i 2 2 - 2.4 -J J .J J J {" ��;�. J J J a a 0 4 z 0 0 7 0 n 0 z 0 INFRASTRUCTURE SUBTOTAL SUBTOTAL .I1 • J w w w 0 1u (1) } CO 1-- w 0 0 a Z 0 1-- a 0 w O 1— U W 0 a 1 a 1- E Z `° o z '0 w t a o C __ o o U 2 I Zr co _ cc 46 ;47 W 0Q V Z I—..< i- U < z d QCI CU .0 CC W a CO Q 0 Z 2 m co O O K a O aW F m .. O '' 6 C v : < y - '�' ' O in - < x£v m 0 TI • 1 .l�q • 18 1 I CO I W I 0j r re co m Z 0 .17F CO 0 00 H h — —_ N 0 O Z 1� N ' O Q to .1 li n. W 1 r - f in O N N ? 'i—"'"rJr J,. r. 1 1 Co _` 1L` y'iTr[ i i BENEFICIARIES coi� '•'. fr ' nSk< co 1 zi O0. I fi h /`r'(',pfj^, N • i�Y1 1 of c o61 Z 0 J 2 t J J • i[ w J I- 0 < . o 0 CO < n a 1' z j I? CO CO ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA Ili V 3 0 O y CO z OU- M fn CO r 00 Q IAw O h 0 O w en .�y CO n 0) rc w U cc o ore c y —�� J co N Q M o 0 N M LL_ N • N W N BENEFICIARIES ACCOMPLISHMENTS 4 4 O 10 M WI a o - 2 Jr, O F 2 3 +n 1 U v O LL • - Q U i d CO 2 8 2 co 0 C o Q A 0 h W • /- 0 O 4 DESCRIPTION ADMINISTRATION 2 INFRASTRUCTURE CO _ N • 0 -J (A O J !- � 3 0 CO 1- TOTAL UNDUPLICATED BENEFICIA ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA U 2 0 N ` 1- K 0 w wp o xz n F 7 Ou J J m 1 w a W 0 K La z mO UQ J O F- j _ a p 8 0 0 0$ yh o y y O CV W N re a 0 o w 0 o tu co ' a a e .. i J w 2 i. C O tz - 1t7 U ' -.. C a ! C m 'p r A q ut • • 51. g -> �_ z Z 1 O ¢ O O _ w w N U a N 4 Z d t a go w w3 w3 2 p m s 2 z$ -.1:. Z 3 z f ¢ m w -f w.$if v anw t a `i m w 1228 h I_ LLo Z 0 > > Z ~ .2 o f w 8 o 0 v a 0 o O O 0 o )•u N 0 O r. J Z a M. Q• wQ F c� 4 0 a co z • v m ti ? O O O I" i 4 N x N b 2 N O O ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA W 0 0 0 N DESCRIPTION 0' w m Z 1 ADMINISTRATION ID w CD CO 10 IA vu)) N N N th 3 x 2 f 2 2 2 2 N U LL W 2 111 m o '°' o N N fl 0 N CI 2 w ,. 1W 25 za w$ Z. J J J 0 N r 0 r) L i v4. W Q C O 0 r I- C.) O K Z N ID CO a CC CC 0 O 0 Z Ir u s J J z 4 4 J la- 0 Fa- ~ I.1- Q O H O O O H u 0 0 O f ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA k 2 Its Is/ ;§ - 0.. � / a 8! $ -- -� \ §— ; ,E(ekqa Lu \40 Ul> C CO\ /; ' \�� . r ;a» \$ % }2, a& -� .• 0TD n ; £ q? y 4 ' £ » • • 77 co ■ 3 r E O cci ] } 3 DESCRIPTION 0 kk Z‘ (2 1- k k k f AOMtNISTRATION In k (11 CV 2 1- • | i u. es 0 -- - --5 L: ILI SU al > - - J *- � � § 5 2 2 2 5? § a 3 2 ; ..�. §- | !; (3 f� / .'- . �k .. 141 § CC U. S (FROM ALL SERVICE AREAS) i'l it re CU I- Ili §®3 re ■ $ &0 3 J 4 § Z i- § 1- 74 ) CO ° k L SV w U • O O O p pV M O 0 V• O 0 U O 0 > x x 0 W u 0 n $ uwi O J on aJ 0 O Is. 0 O 0 w W W m J O J 0 o g > Z rc U p a = H c7. r„ au m K m s p = G ari m Tam v m Z� K cc V red m -E m1 Oa ti • a a wm CCnac wn W m to to v ----‘,40 o in !, wW ^-esa—m 0 C — - —ti, 0 O F W 1.w Z �> 0 ca ao0 r • w J ce c , 3 J j Vi O Tr U t - 4 z rte- N i-4 H Q m 0 O O J P-.3 a ,E E_ m rc r- ~~ a IL m m f 4 m 0 x S F Q 10 3 103 » 1- O 8 re 0 N u~/ cn W O (7 XZ o O LL mZ 3 U 4 W Q m u Ew y W > Z w O m a E a • w w m T N 2 2 TA n r t000Q C a 7 t0 - v w 2 ine Z ° o; j Q U • a d te O O w ti • a� VLI 1 TOTAL -J 4 2 i 4 W Cr4 _- _-- —NI a to ,D tton u o n n `n^ rc o Dn�pp m a vi in Vi M N Q o 10 �_ __- __ _,. __ __. _ _ __0 a i 2 2 Z D 0 X 1' LL W_ '2) 0 0 CI '2) n n ri ri ri Z -3 _, 1 4 w V rew W co J 0 LL N n w v _ ¢n 0 R' w 3 z !- w o m 3 O a w V a 0 re z_ 0- 0 f.0 Z m ~O r 1 F O O m N INFRASTRUCTURE 0 u z 0 0 X O 21 Attachment B Activity Work Plan(s) 23 C S. 0 .0. all O (0 W C 0 0 3 to 9 N • Q 2 8 8 ----- — rt 0 v>00 �a�ndas� 0 2 53 cOc Q co t0 c0 0 Tw cc (w 4* U a a— -- - m c ---- V W e V) W C9 1— o [0_ CC O Z To ~dmW a1) U a 0. — z Q:VU ti �ga. al w�� 0 c Q It CO 0 0 WcW cna' OG.() o o112 co 0 IL.{^Y E a- ' Q U C O0 �0 CO c 0.L_" ) CO 0C.0 Z a w JZ10 m j 0 0 C O O O o r i'i¢ U < .E V y N 0 LL coil 0 4 ti- a 2 0Na a w e ML cg R f; 4 a cc o9 g ig Q - m c c W (5cojP E jo .12 Oa Z W re ZU Q La Q W U 5 z re cc o a) -r F Submit bids to Miami -Dade County 1 c E .0 O o" O y m 0 N V 13 0 N ID 0 C 10 CCD N 3 c a • a 14 1) 0 n 8 8 0 o £ o `0 § oN In nC E yp� c C U D0 0 0 cco 0 2 2 E c c c o 0 13 o 3 Construction 100Vo completed Obtain Certificate of Occupancy otl w5Ta- 2 a- oE� Q Q C Q O O O `0 0 f LA o NSW m £' o e o CA e e 0) 0 0 0 0 o a 0 0 a 2 O te a 0 0 U N W N U -1 z 5g re 0 U. LL Q W 1-O za 2 2 0 U LL O 1- z W 2 H Q a w 0 V) V wd to (00 co 0 O O 7 , c o gDw a moo -- _._ - 0 o 0 CI 00 o I1,at (O . 2 t y N a7 V O r r CLI O. 0 C /1 (1)' Saw #-- -0--- - - L c 1- o O W a ILI 0 F- c o Q 0 W V W m FL o F- - i a U W to W-) $ < W 0a N) 000w - o o °' c co w 03 y E• O •c £1 2 3 11T ID 0 l ob g0.' 8�� o LT e om to U N - o -o `V N y y U N N 4 V O co o/ N O t a 0 U U O 8 a O 2 V • 5 0 • N N o ;e N N 7 co) o Q 0 c c CD r E 2 111 U •0 . m c E R co v - . _ _ - - oo a c °a W E .- Q Q N c O o) c0 O Cr) Ol 0) O E �' 0 0 0 0 0 0 Z W ,- Cel to 00 r W W U C °a •- .9t d o d WOW 9 F T 0 0 0 0 0 0 w/o u) ° `" o 0 0 co 0 O C C n 75%completed 0 O o o o o o o 0 N N V) V) E 8 8_ 8 V c tain Certificate of Occupancy O 0 r r r N 0) 0 0 r Or (Rev Aug 2004) • o o S MN N n (9 r r O r �- a O CO F- O 0 W 0 W 0 i- cn IX 0z W Q 7 W amii: U -1z aw- w ag m i-CaY co oavi Oa Z W Z(-) Q WEU aFP W O W recto 11) m w w d w CO -2 C 0 O N A a` cc o v w i+ 11-; E .w0 n- c 7 EEa a U c 0 b 0 J 0 U w 0. U) U eat o c c U o W m w C wp C co o d o ov cow JD O N ts con oU O a 0 0. it8 w 0 Submit bids to Miami -Dade County c w E 3 8 v .0 O > oO o. m N 0 0 U w D co0 E 2 a 0 Commence construction activities Construction 25% completed 8 0 N N v v 8) O mn 2. w m 7 CL'`' n E 0 0 ao 0 _ O w O co r `U a y 2 U c Construction 50% co Construction 75% co o .0 0- 0 CO 0) 0) 0) W 01 O O O O 0 0 0 0 l7 to O r r O 0 0 9 r 0 - 0 CO 00 0) 0) CD 0) 0) 0 0 0 0 0 0 0 0 0 r r co o 0 r 0 0 `0 0 0 5 o Q o 0 0 2' M N 'N O CD C) r0 'O O too t CL 0 CO I- o wILI 0 E- CO W Q c W O Wma U w 1_ V JZ a. W W ag Q0? u)� op. u) u. Q W C to F- O 0 coo y zce Da �_ .0 co 5 O a }' f0 u.�'� p,o C T coI ti Z U o N 2 g W 1 V `O d' p• 9 k•0 ac —m' CL 0aci W U v 5/0m - a N O 0 0 a dd N a a) 13 Cl. O v W 0 o v N QI IE n nQ c E >.,1° W L U IC O 0 0 d o 0 O .0 W o ci m0 a to o a0 Cpz 4) C al O ti N C L O 'O D G) O 0. 0 D c 0 0 Submit bids to Miami -Dade County -_i___L__1_. _ Obtain Miami -Dade County's approval of bid documents Commence construction activities Construction 25% completed 8 8 n to. f' I c j pI IN 11 0 _N a)) V N N- N t. 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Aug 2004) l0 0 CO 0 0 • o l0 0 Q o vi ci a Flo v 0 0 O Ito to a - - — - a 1 0 m 1- U W 0 I- (/) W Q CC D W • ama U cct"'U .JZ a.wL 2g a°cG CO) X o U) CZ 0 Q LL F- u'U aw } -� a m O c Z a .c 0 Da ii) T...3 2 CCC 7 2c o o 8 U LL g o O ~ t) N 7 :. w Ue'Mg g D.-�o h co si a` a o 9 X o Q.2. m c c a Eo oa W 1p0;Uv m t------ C 0 0 N cp 0.1 a d C la o N O 2 -Senora E) v p o and mA =o c n n9 - D E:t 8 > 0 .O c O 0 m d n m O C C 0 .2 w 0 :9 d a) a`,0 ▪ E Ega .00 ate, DQE ngc m 2 O (0 (0 0Un 0 0 S 2 a 8 N 0 Submit bids to Miami -Dade County 2 - J O I0 --L--- c at E 0 -o a o O To > 0 n m n 4) (0 Z L, u v m a)'alo c s a, a> a) n o ▪ pO. 73-.+a o 2 S 0 80 2 O C.L 8 • C • o'0 0 N 10 r... Eo 0 p0 0 N U U U U c E 2 2 2 • 2 10 E c c c c O U U 0 U U Obtain Certificate of Occupancy 2a) w1t • c O T 00 D1 01 CO CO O) 0 0 8..E_.o 0 0 9 2 o c Cay CO SEI W F'' CO CO 0 0 0 0 0 0 o� 0 r 0 0 8 D a o c > o a = 0'« m 0 h�avlL O N O a'E ... d N Q c 10 N E 0 Q r N N N N m p o o V NO o > Q c n... Q >,W O a` CC 2 0 0 0 — - a el Co N N O N y 0 ci o60 In 41 N d 10 Co c a n4 c re m to # E >,W a a — — -- 0 H. 0 0 U w0U' I - co 0 a raI U w WCCW vn ( 5g am°O° E NY O u) Oow 0 !nom — pmm la0 a'O dao -o Q 0 E. B U. 0) d8D o Q v co 0 0 m > p au ;CE c a 2 a' L 1t1pp n L° 0' m D a o U O N N 0 N N pUf'0 c O oD°' 43o o 0 ��Q�� it, .(9V d m a O Cu.V a O Q W o N'eg a m mo- a• - ta M a ` E 'a 0 W n A Q _ m c • 0 co 0 W Eo U o'er O -- — — — co SOao1 OW zce )- U Q WQW rco O,cc0 coEj2ccv0�, CO CO a c 03 m rn 0 WOW 0 D 0u, 0 r o 0 0 8 o Commence construction activities Construction 25% completed N N co co 60 h w IS c N U c 0 0 D n E 8 o $e O o N N 0 m c O 00 C 2 2 c N N N l0 o a U1 O O 0 08 w.0 IT: c �o '^ 0 0 0 0 0 0 0 0 0� r) ' 1 a 0 0 0 o o 0 V) N 4)) Q) yO OD 40 v O W O OQ Q >, O) Ot k. 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W —3Q' coY O0.o core — '- – cxO .0 Qt Q W c D ZQ' E D. Cl- u.N E d O o 0 Q y c U. 412 111 is co et) w9 9 O Qa Eo(g W co . U — m O`Oa` Oa Z z a W Q W ci re U Z W O W C U Co C 0 0 0 m U m 0. Q) o c c U 0 w 0:4 t2 vGo E' RI t C O 0 ca, Ec n m 3 0co co 0 11/ C n 0 0 V V CO 0 CO O Obtain Miami -Dade County's approval of bid documents 0 0 0 0 0 N-., C a a- 0 la 0 8 8 C at o 8 N N 85 c 0 0 i' 2 E 2 2 E c 0 0 0 Construction 75% completed a E 0 0 O r c 0 0 0 c 0. 8 0 0 0 2 a) 0 0 .0 0 v eaWET Tr 0 C O E >. O_ O O O O O O O Y. O a O- O r O 0 t oa __./ to c �c d 0 a co CO 0) m CD CO 0) 0 w E o 0 0 0 0 0 0 o r c0 (� a)cl o o r o 0 0 r 0 Z 0 • • 0 i� v 13 C 0 m - E A 2 U l0 m C O c is 5 m 0 2 (Rev. 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Etoy0 < (k . tre to N N 013 CD s s O. a o 1,:u1 a y io`v Ca a9 c E a * U c0 0 c 0 0 m '0 a E ItA o c c U ,2 W 0 o w co EO 20a c0YS1 a1 O 4, d 0U� 0 0 a 2 a 5 0 N 0 Submit bids to Miami -Dade County Obtain Miami -Dade County's approval of bid documents Commence construction activities i"Construction 25% completed N a a E U U 0 0 o to in o oo c 0 0 U 2 2 2 o c 0 U 0 0 Obtain Certificate of Occupancy V '6 W��c r W 0)to 0)rn 0)o 0 o 0 0 0 0 0 0 0 0 CO 0 0 W CO 0) m CO CI 0 0 0 0 0 o 0 0 0 a � 8 to '433a o .- 0 0 0 0 o G T. 0✓ w a a 0 N D w c O w0 O a.- w w o—cn�i0 0_ E a 0 cr co E 0° or. n 0 ay co wmv O (f) D Eoaw CC —- - — ae a m0 c -- o 0 as .. (n aoz 0 W a 7 W m r a CO E s wE-— a0W cn ..al 1.11 HOm `` 8 "v mY OdO oaw CC a0 a) e tto — a 4) w 0 LL E •T D Q W •0 y 0 Cl w o t 1-p 8 E Z Er LL D N 7 a m 0 4) to C — S 2 go U O o 0 c) a?-} S 0 Oo 3t0 ate) Q Z N a U W TI, E w a N M T 0 Q CO 2 0 W Submit bids to Miami -Dade County 4 cw E o8 a .0 .0O N O n0 a d co N a a a Z+ UN R N wpp 0w E E C w 0 p W c� 47 U N N r co U c c 0 0 0 °o) 2 0 1 E c c c D o 0 0 0 O_U U_ U� I Construction 100% completed 'Obtain Certificate of Occupancy 06 w.-.� 0 O w O O O O O a O co o f 0 0 0 0 0 0 r (7In , r r O 0 O O r O O CO Y m w O T 00 CO CO O O 0 O O E o O O 0 0 0 0 Ov — o __0 0 0_0 0 (Rev. Aug 2004) Note: More than one activity m 2�— ----_g - # 0 0 2`- X22 q \ k. ¥ _0 o_ •.§ a 2 z n k - 0c m > - -- -- - — - - - - - - - > q ® \ \ / / 0 § § (0 / 7 } / - - a R o § c 3 --- - - --- - --- - co 0 n n o o C 0 / Z k K-ƒ/% c 7 7 E { 7\ 2 o k / k Rt a 3 co ( \ / 0 Z 2g cso / \ % { lo D } 0 co \ k§ k T g \ Co 0 ( f 2 - - 0 0 " " E a o. 5 k} 2} \ 2 \ 0 & $o. } -0 c \ % \ 0 \ ° ion m / 2JE -1 a=k _ § \ 0 o. 0¢G &%G 7� g �§� �n ■ g 73m Zr 4. f - r _40 33 n Zr 0 Et @32■- 5 o -I m 0 0o. a 0 � � - - - - --� - - 0 CO 7 a<f&} 0 0 — -- .----- — �� g _ 0 \ / m il E� %o;a_ ts.7 Da -a�k`j k�■-a Ern a CI 3E \ =togaco •0 - 4- — z -• - Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements. Section I: State and Federal Statutes and Regulations 1. Conurwnity Development Block Grant, Final Rule, 24 35. C F 11 . Pad 570. 2 Florida Small and Minority Business Act, s 288 702- 288714,FS.; 36. 3 Florida Coastal Zone Protection Ad. s. 161 52-161.58• 37. FS, 38. 4 Local Government Comprehensive Planning and Land 39 Development Regulation Ad. Ch 163, F S 5. Trdu I d the abusing and Community Development Act 40 of 19/4. as amended 6 treasury Circular 1075 regarding drawdown of CDBG 41 funds 7 Sections 290 0401-290.049- F 5 ; 8 Rub Chapter 9B-43. Fla Admin. Code.; 42. 9 Department of Community Affairs Technical Memorandums, 10 HUD Circular Memorandums applicable to the Small 43. Cities CDBG Program. 44 11 Single Audit Act of 1984, 12 National Environmental Policy Act of 1969 and other 45 provisions of law which further the purpose of this Ad; 13 National Historic Preservation Ad of 1966 (Public 46. 1 aw89.665) as amended and Protection of Historic Properties (24 47. CFR Part 800); 48 14 Preservation of Archaeological and Historical Data Act 49. of 1966, 15. Executive Order 11593. Proted-en and Enhancement 50. of Cultural Environment, 10 Reservoir Salvage Act, 17 Safe Drinking Water Act of 1974, as amended; 51 18. Endangered Species Act of 1958. as amended: 19. Executive Order 12898 - Environmental Justice 52. 20 Executive Order 11988 arid 24 CS R Part 55 - 53 Floodplain Management: 21 The Federal Water Pollution Control Ad of 1972, as amended (33 U S.0 . s. 1251 et.seq.); 54. 22. Exoculive Order 11990- Protodlon of Wetlands; 23 Coastal Zone Management Act of 1968, as amended, 24 Wild and Scenic Rivers Act of 1968. as amended; 55. 25. Clean Air Act of 1977. 56. 26 HUD Environmental Standards (24 C.F R Part 58); 57 27 Farmland Protection Policy Act of 1981, 28 Clean Water Act 011977: 5e 29. Davis • Bacon Act 59. 30 Contract Work Hours and Safety Standards Act of 1962, 40 U S C s 327 et. soq ; 60. 31 The Wildlife Coordination Act of 1958, as amended, 32 The Solid Waste Disposal Ad, as amended by the Resource Conservation and Recovery Ad of 1975 (42 61. U S.0 , s 6901 01 seq.); 33 Noise Abatement and Control Departmental Policy 62 Implementation. Responsibilities and Standards. 24 C.F.R Part 51, Subpart e; 34 Flood Disaster Protection Ad of 1973, P.L 92-234; 24 Protection of Historic and Cultural Properties under IiUD Programs, 24 C F R Part 59 Coastal Zone Management Act of 1972, P 1.. 92-583, Architectural and Construction Standards, Architectural Barriers Act of 1968, 42 U.S C 4151; Executive Order 11296 relating to evaluation of flood hazards, Executive Order 11288, relating to prevention, control and abatement of water pollution; Cost -Effective Energy Conservation Standards, 24 C.F R. Part 39, Section 8 Existing Housing Quality Standards, 24 CFR Part 882. Coastal Barrier Resource Ad of 1982, Federal Fair Labor Standards Ad. 29 U S C , s. 201 et. seq., Title VI of the Civil Rights Act 011964 - Non discrimination, Title VII of the Civil Rights Ad of 1968 - Non- discrimination in housing. Age Discrimination Act of 1975; Executive Order 12892- Fair Housing Section 109 of the Housing and Community Development Act of 1974, Nonrkscrrmination, Section 504 of the Rehabilitation Act of 1973 and 24 C.F R. Part 8, Executive Order 11063 - Equal Opportunity it Housing, Executive Order 11246- Non-discrimination, Section 3 of tho Housing and Urban Development Act of 1968. as amended - Employment/Training of Lower Income Residents and Local Business Contracting. Uniform Relocation Assistance and Real Property Acquisition Poiicies Act of 1970, P L . 100.17, and 49 C F.R Part 24, Copeland Anti -Kickback Ad of 1934: Hatch Ad; Tido IV Load -Based Paint Poisoning Prevention Act (42 U S C , s. 1251 el see ), OMBCirculas A•87, A•122, and A-133. as revised; Adminisialive Requirements for Grants. 24 C.F.R. Pad 85; Section 102 of the Department of I lousing and Urban Development Reform Ad of 1989 and 24 C F R Pad 12 - Emergency Rule 9BER06-1, COBG Disaster Recovery Funds, HUD program requirements for disaster recovery projects as published i1 Federal Register. Vol 69, No 237 (December 10.2004)(DocketNo. FR -1959 - 14-01j Section II Program Conditions - Disaster Recovery Initiative Program 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety -days (90) from the effective date of this Agreement, the Recipient shall complete the following. a Comply with procedures set forth in 24 C.F.R Part 58, Environmental Review Procedures for title I Community Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions, b If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees, c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shalt relieve the Department of any obligation to fund the said procurement contract Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient: and d. The documentation 'required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement. e Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted. Also, unless submitted with the Subgrant Application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter -local andlor subrecipient Agreement if more than one local government is covered by this contract. f. The procurement of professional administrative and engineering services 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a copy of the folloitring procurement documents. a Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication, b. List of entities to whom a notification of the request for proposals was provided by mail or by fax, c. List of firms that submitted a proposal (only if short -listing procedure was used); d. Completed short -listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short -listing procedure used), e. Completed final evaluation ! ranking forms; 1. Portion of commission minutes dealing with contract award; 25 g Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted witti proposals); h. Contract (signed or proposed); Truth -in -Negotiation certification (if not in the contract) for engineering contracts over $60.000; 1f a protest was filed, a copy of the protest and documentation of resolution. k A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000, If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and m. If professional services procurement will not be undertaken, so advise the Departrnent. 3 For any activity that requires construction plans and specifications prepared by an engineer or architect: a Provide to the Department a copy of all engineering specifications and construction plans. Tho Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed 525,000 These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents, b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents. and c In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department For the purpose of this condition. the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. 4 For activities requiring acquisition of property, the Recipient shall: a Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will net be used for the cost of acquisition. the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of his or her nghts under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of nghts (for donations), as applicable 26 c C The documentation shall be submitted within forty-five (45) days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, otter to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable The documentation shall be submitted to the Department for review pnor to closing on the property A copy of the final statement of settlement costs and a copy of recorded deed. with any required deed restrictions, shall be submitted within forty-five (45) days of the acquisition 5 If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381 00655(1), Fla. Stat._ (1995) to hookup to the sewer system within three -hundred and sixty-five (365) days of its availability (Note that the notification is to be provided at least one year prior to the anticipated availability of the system ) 6 The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule The Departrnent will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 913ER05-2 CDSG Disaster Recovery Funds 7 The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Departrnent on a quarterly basis Quarterly progress reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative closeout report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 8 The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C F R Section 570.487(b)(4) Annually shall be defined as an'pctivity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. 9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C F.R. Section 85.31 Any future change of use shall be in accordance with 24 C.F.R Section 570 4896). 10. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings 11. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right 2'7 to require that deletion of an activity meeting the LMI national objective be replaced with another activity meeting the LMI national objective. 12. The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days of the Recipient's knowledge of changes in situations which would require that updates be pfepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred 13 The Recipient shall comply with the historic preservation requirements of 24 C Fit 58.17 and the Secretary of the Interior's Standaroafor Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 14 Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F R Section 570 489(g) Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficianes, businesses, or other third parties, or any other financial interest, whether real or perceived. shall be addressed pursuant to 24 C F.R. Section 570.489(h) All procurement actions shall be conducted pursuant to 24 C.F R Section 85.36 and Rule 98.43 Fla Admin Code. 15. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s). 16. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. Tho date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 17 Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds. 18 If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the pfovislons of Program Condition Number 10. 19. Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person. 0 documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed 20. Following demolition of a structure on private property, the local government shall place a lien against the real property for the cost of demolition. If the Ilen is not recorded against the real property. then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub -grant period. A copy of the lien shall be maintained in the project files. When the fen is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570. 21 For any activity performed as an "urgent need,' the project files shall document that the activity meets the requirements of 24 CFR 570 483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in the context of the 2004 hurricane season damage. 28 22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and UM benefit documented during the sub - grant period 23. If grant funds am used for "slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for "slum and blight national objective. or that the activity qualifies under HUD requirements for "spot blight.' 24 If grant funds are used for acquisition, the requirements of 24 CFR 570 83 (e) (2) regarding final use or disposition shall be met 25. For any construction contract that requires payment of prevailing wages under the Davis -Bacon and Related Acts (OBRA). the Recipient shall take the following actions so that the Department may meet its DHRA tracking and reporting requirements to !IUD for these funds: a Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form. or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have been corrected and the home meets Section 8 Housing Quality Standards 27 Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract. 28. Pursuant to Federal RegisterNolume 69, Number 237 (Docket Number FR -4959-N-011 and the Robert T Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these hinds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program. insurance or any other sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub -recipients -end. for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during.monitoring, by an audit, or other means may require repayment of duplication of benefit funds. 29 Attachment 0 Reporting Requirements The following reports must be completed and submitted to the Department in the time frame indicated Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) 01 this Agreement 1 The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually The form must reflect all contractual activity for the period If no activity has taken place during the reporting period, the form must indicate "no activity". 2. The Request for Funds Form must be submitted electronically through FloridaPAPERS to the Department by an authorized signatory at a minimum of once per quarter within fifteen (15) days after the end of the quarter April 15, July 15, October 15 and January 15. If no activity has taken place during the reporting period, a zero (-0-) Request for Funds must be submitted electronically indicating 'no funds required'. 3. The Projection of Contract Payments Form must be submitted to the Department (4) times a year April 15, July 15, October 15 and January 15 In Section I indicate the amount of funds projected to be drawn down for the applicable reporting penod If no funds will be required, a zero should be reflected in the applicable reporting period. In Section II, indicate current approved budget and available balance for each project activity. 4 A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days after the end of the quarter on the report form provided by the Department: April 15, July 15, October 15 and January 15 5 A Section 3 Summary Report (HUD form 60002), as required by 24 CFR Part 135, must be submitted to the Department annually by July 31 The Department will provide a copy of the report form to the Recipient. 6 the Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date. 7. In accordance with OMB Circular A-133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year 30 Attachment F Warranties and Representations Financial Ma_ rra pnnnj In addition to complying with all applicable federal regulations, the Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that adequately identify the source and application of funds for all activities These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays. income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequatety safeguard all such assets and assure that they are used solely for authorized purposes. (4) Written procedures for determining the reasonableness, allot -ability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (5) Accounting records, including cost accounting records that are supported by source documentation. Commillop In addition to complying with alt applicable state and federal regulations. all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bjcls and/or requests for proposals shall be excluded from competing for such procurements. Awards shalrbe made to the bidder or offeror whose bud or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth aM requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so Codes Cyrr us.1 The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award The officers. employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees or agents of the recipient 31 Business Hou fs The Recipient shall be available at an reasonable times for business. "Reasonable" shall be construed normal according to circumstances, but ordinarily shall mean business hours of 8 00 a.mf to 5-00 p.m , local time, Monday through Friday Liiggnsmo and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are lured 32 _Attachment H Certification Regarding • Debarment, Suspension; ineligibility _ _ _ And Voluntary Exclusion .;: Contractor Covered Transactions (1) [he prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its pnncipals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form Contractor's Name and Title Recipient's Name Signature DCA Contract Number Firm Street Address City. State, Zip Date NOTE SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION OF THE BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 33 Attachment J Special Conditions 34 Attachment K Department of Community Affairs Florida Small Cities Community Development Block Grant (CDBG) Program SIGNATURE AUTHORITY FORM Sohn* an orkSanatureAuthorityTrmrsitieachhcm act Recipient rContrad # Miami -Dade County I Mating Address (Street or Post Office Box) 701 NW 1st Court, 14th Floor Oty, State and Zip Code Miami, Florida 33136 Contact Person Tangle White Jackson • 08_}F -D3-11-2 01z1g1 F•Inandal Contact Person Awilda Ashford Telephone # 186-4469-2165 E-mail Address whitan@miamidade•gov Telephone r 2_06-469-2111_ E-mailAddress awb@miamidade.RQv Requests for Funds (R.FFs) from the Florida Small Cities C0Program require (check [ ] ona signature [ ] two signatures of Individuals authorized below. No more than two IndMduals can be authorized to use FlorldaPAPERS. C08G contracts require that at least one (1) RFFs must be submitted each quarter and should reflect alt expenditures kKurri g during that reporting period. 8G - _ -- - lyped Name Jose A. Hernandez ( ] Check here P the above person will be the designated FloddaPAPERS user. Typed Name A 1_d31..AshCorsi_ Ix ]Check hereIf the above person wit be the E-mail liddress designated FIoridaPAPERS user. awb@miamidnde.eov • Aped Name Date June Ramsaran Date E-mairAddress Ioseh�miamLdade. Date (x ] Check here If the above person will be the E-malf Address ., Signature Lei? designated FloridaPAPERS user. Iyfeat amidadE'.Rov I certify, as the recipient's Chief Elected Oftklaf, that the above signatures are of the individuals authorized to sign Requests for Funds and to submit RFF's electronkally to the Small Cities Community Development Block Grant Program using FlorldaPAPERS. [ I check here if your local govemment utilizes Electronic Funds Transfer (EFT) from the State of Florida. [x] Check here If your local government will be working on a reimbursement basis. Typed Name Carlos Alvarez CDBG payments to local governments using EFrare automatically deposited in the local government's general account. If the account Is Interest bearing, the cow funds must be transferred to a non -Interest bearing account. Please call the CO8G Program at 850/922-1878 or 487-3644 E you have questions. You can deck the status of your deposit at the Comptrollers website: htto ifs@If.dbf,;tate.8.us/..—.-- Laca%goverrmrents not receiving EFT, and not working an a reimbursement basis, must establish a non-interest bearing account. Provide account Information for the Mandel Institution (Insured • FDIC below. All signatures on the account must be bonded. Name of Mandel Institution Account Number Street Address or Post Office Box Oty, State and Zip Code Telephone Number ATTACHMENT K FloridaPAPERS LOGIN ID AND PASSWORD REQUEST FORM 35 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better place to call home", 1 CHARLIE GRIST THOMAS G PELIIA'A Governor Seeman, The Honorable Carlos Alvarez Mayor, City of Miami 111 NW First Street, 29"' Floor Miami. Florida 33128 JUN 3 0 2008 Re. Disaster Recovery Community Development Block Grant (CDB(i) Program Contract 11081.113 -D3 -11-23-01-A01 Dear Mayor Alvarez - We are pkased to return your executed Disaster Recovery CDBG Award Agreement with the Derwin. a of Community Affairs (DCA). The Agreement must be retained in your official CDR° fills and made avadahii: for public review upon request Please note the following instructions before beginning your project: • Do not incur or obligate more than SI5,000 in expenses until you complete an crime Z -1,1 s, review of the project and receive a release of funds notice from the Depai intent. You may .r•• ... r,r to S155100 in administrative costs to cover the environmental review and other start-up activities • Your contract contains performance related Program Conditions (Attachment C, Section II) u,:' must be met before funds for construction may be drawn. Special Conditions, if apptc.Ns. reflected in Attachment .1 Review your contract immediately and begin the process of :n••_ r^" applicable program or special conditions. • Enclosed are copies of the Projection of Contract Payments Form, Quarterly Report F. r� ..• Minonty Business Enterprise Report (with instructions). Use these forms to project quarterly pzs•.;:1•: needs, to report accomplishment data and to report contractual activities. The Depanment process an electronic payment request for an amount Tess than $5,000 (unless it is the fund payment; We look forward to working with you and will provide technical assistance upon request. If yoil questions, please contact Tem Chasteen, Community Assistance Consultant, by phone at (850) 410-0587 t.r mail at telri chasieen+6dea.state II us. GDShjc Enclosures Sincerely, it D Stafford, Int rim Administrator Florida Small Cities & Disaster Recovery Prograur. et. Jost Ordain. Director. Miami -Dade County Office of Community & Economic Development Tangle White Jackson, Director, Miami -Dade County Community and Economic Development Division 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850.468.84r,6 (p) • 850 921-078t (1) • Website www ((Ca state r1 us . COMMUNITY r.IANMNG 1350-48!-2Z6(P) IIO45a 3300if) . IIOUSING ANO COMMUNITY OCVEI OPIEN1 14Y.456-M5rdA a4 ST! wain • CDBG Agreement Number: 08DB-D3.11-23-01-A01 2008 JUN 27 PN 2: 20 CFDA Number: 14.228 Applicable Rule: 9BER07.1. Florida Administrative Code FEDERALLY -FUNDED 2005 SUPPLEMENTAL DISASTER RECOVERY SUBGRANT AGREEMENT TRIS AGREEMEN r is entered into by and between the State of Fonda. Departrnent of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Miami -Dade County, (hereinafter referred to as the "Recipient") THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS. A WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein, and 8 WHEREAS, the Department has received these grant funds from the U. S Department of Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the terms arid conditions hereinafter set forth, and C WHEREAS, the Departrnent has authority pursuant to Honda law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. which are incorporated herein by reference ("the Subgrant Application"). (2) INCORPORATION OF LAWS RULES 'REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR APPROVES SUCH EXTENSION (4) MODIFICATION OUOONTRACT Either party may request modification of the provisions of this Agreement Changes. which are mutually agreed upon, shall be valid only when reduced to wnhng, duly signed by each of the parties hereto. and attached to the original of this Agreement (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122. "Cost Principles for Nonprofit Organizations " If this Agreement is made with a commercial (for-profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31 2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terns of this Agreernent, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of six (6) years from the date of final closeout of this Agreement. and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee. Chief financial Officer. or Auditor General upon request fora period of six (6) years from the date of final closeout of this Agreement, unless extended in writing by the Department, with the following exceptions. 2 1. If any litigation, claim or audit is started before the expiration of the six-year period and extends beyond the six-year period, the records will be maintained until all litigation, claims or 1, audit findings involving the records have been resolved 2 Records for the disposition of non -expendable personal property valued at $5.000 or more at the time of acquisition shall be retained for six (6) years atter final disposition 3. Records relating to real property acquisition shall be retained for six (6) years after closing of title (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, Attachment B, Activity Work Plan(s), the Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations. (d) The Recipient, its employees or agents. including all subcontractors or consultants to be paid from funds provided under this Agreement. shall allow access to its records at , but not be limited to, auditors retained by the Department (6) REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shalt be available at all reasonable times for inspection. review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances. but ordinarily shall mean normal business hours of 8 00 a.m. to 5 00 p m , local time, Monday through Friday (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 3 (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500.000 or more in federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised EX) IIBI T 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of federal awards, including Federal resources received from the Department The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133. as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. as revised If the Recipient expends Tess than 5500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMIT Circular A-133, as revised, is not required In the event that the Recipient expends less than 5500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A 133, as revised, the cost of the audit must be paid from non -Federal resources (i e , the cost of such audit must be paid from Recipient resources obtained from other than Federal entities) (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d). OMB Circular A-133, as revised, by or on behalf of the Recipient directly 10 each of the following 4 Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 lAn electronic copy shall also be submitted to puritlaparrisso?dca state.0.usjFf and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections 320(d)(1) and (2). OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address. Federal Audit Clearinghouse Bureau of the Census 1201 East 10'" Street Jeffersonville, IN 47132 Other Federal agencies and passthrough entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. as revised. (0 Pursuant to Section 320 (t), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section 320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor. to the Department at each of the following addresses. Department of Community Affairs Office of the Inspector GenerOl 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (An electronic copy shall also be submitted to aurilia parrishadca sQte.fl.u] (9) and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Any reports. management letter, or other information required to be submitted 10 the Department pursuant to this Agreement shall be submitted lirnely in accordance with OMB Circular 5 A-133. Florida Statutes, and Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for- profd organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10 550 (local govemmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package (1) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be hell liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance (1) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, atatal. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide to the Department reports and information as identified in Attachment D. (b) If all required reports and copies, prescribed above, are not sent to the department of are not completed in a manner 'acceptable to the Department', the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES "Acceptable to the Department' means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A and B of the Agreement, and the Subgrant Application and subsequent revisions that are mutually agreed to by both parties 6 (c) fhe Recipient shall provide such additional program updates or information as may be required by the Departrnenl r (d) fhe Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C F R. Part 58 within ninety (90) days from the elate of execution of this Agreement (e) The Recipient shall provide such additional program updates or information as may be required by the Department (1) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C F.R Part 58 within ninety (90) days from the date of execution of this Agreement (8) MONI rORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215 97. Fla Stat (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. 13y entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Depaitment In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews. investigations or audits deemed necessary by the Chief Financial Officer or Auditor 7 General In addition, the Department will monitor the performance and financial management by Recipient throughout the contract term to ensure tamely completion of all tasks (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768 48, Fla. Slat , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against an claims of whatever nal': r :e third parties ansing out of the performance of work under this agreement- For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an indcp". • • contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat. agrees to be fully responsible to the extent provided by Section 768 28 Fla Sit '-: it negligent acts or omissions or tedious acts which result in claims or suits against the Department, ane agrees to be liable for any damages proximately caused by said acts or omissions Nothing hereat intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part el :r - Department to make any further payment of funds hereunder shall, 4 the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the Department may make any payments or parts of payments after the happening of any Events of DefaiiIt without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment (a) If any warranty or representation made by the Recipient in this Agreement or ally previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained In 8 this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder. (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information, (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMUDIES Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively' (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail return receipt requested, to the address set forth in Paragraph (13) herein, (b) this Agreement, Commence an appropriate legal or equitable action to enforce performance of (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to' 1 requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected, 9 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to bo ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other lights or remedies which may be otherwise available under law (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other nght or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds, fraud; lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat. as amended. (b) The Department may terminate this Agreement for its convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior wntten notice. 10 (c) 1 he parties may agree to terminate %his Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) When this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement atter the Recipient has received the notification of termination The Recipient will cancel as many outstanding obligations as possible Costs incurred after the date of receipt of notice of the termination will be disallowed Notwithstanding the above, the Rocipiont shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient The Department rnay, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement (b) is the narne and address of the Department contract manager for this Agreement Terri Chasteen, Community Assistance Consultant Florida Disaster Recovery CDBG Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 413-9217 Fax: (850) 413-9358 Email: Terri.Chasteen@dca.state.11.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is Tangle White Jackson, Director Miami -Dade County Community and Economic Development Division 701 NW l" Court, 14'" Floor Miami, Florida 33136 Telephone: (786) 469-2165 Fax: (786) 469-2226 Email: whitan@miamidade.gov 11 (d) In the event that different representatives or addresses are designated party after execution of this Agreement. notice of the name, title and address of the pew representative will be rendered as provided in (13)(a) above (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement •i : .uav of the signed subcontract rnust be forwarded to the Department within ninety (90) days after exec a c..• . the subcontract 1 he Recipient agrees to include in the subcontract that (i) the subcontractor is hour,i the terms o1 this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is b all applicable state and federal laws and regulations. and (w) the subcontractor shall holo the Dendrite., and Reciptent harmless against alt claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law Each subcontractor's progress in performing its work under this Agreement shall be documented to the quarterly report submitted by the Recipient For each subcontract, the Recipient shall provide a wn't,•2- statement to the Department as to whether that subcontractor is a minority vendor, as defined in Ser.:... 288.703, Fla Stat_ (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully borer, (b) In the event of any inconsistencies or conflict between the language of thin: Agreement and the attachments hereto, the language of such attachments shall be controlling, but only 10 the extent of such conflict or inconsistency (c) This Agrcernent has the following attachments Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Activity Work Plan(s) Attachment C - Program Statutes, Regulations and Program Conditions 12 Attachment D - Reporting Requirements Attachment F - Warranties and Representations Attachment 1 i Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J - Special Conditions Attachment K FloridaPAPI:RS ID and Password Request Login Form (17) FUNDINGICONSIDEJATION (a) The funding for this Agreement shall not exceed $ 24,993,610.00 subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties (c) All funds shall be requested electronically through FlondaPAPERS. The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of this Agrecmenrt, identifying an individual authorized to submit a Request For Funds (RIFs) on behalf of the Recipient utilizing the intuitive web portal (d) Pursuant to 24 C F.R Section 570.489(b), pre -agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are >. considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of 13 funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department (18) REPAYMENTS All refunds or repayments to be rnade to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat , if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15 001 or Five Percent (5%) of the face amount of the check or draft, whichever is greater (19) VENDOR PAYMENTS Pursuant to Section 215 422, Fla. Slat., the Department shall issue payments to vendors within 40 days alter receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms arid condylions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Slat, The interest penalty shall be paid within 15 days after issuing the warrant Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848.3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of 14 the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Fonda, and venue for any actions arising out of this Agreement shall he in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole (d) The Agreement may be executed in any number of counterparts, any one of whom may be taken as an original (c) The Recipient agrees to comply with the Amencans With Disabilities Act (Public t.aw 101-336, 42 U.S C. Section 12101 e_Lsesr) if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accomrnodations, transportation, State and local government services, and in telecommunications (0 A person or affiliate who has been placed on the convicted vendor fist following a conviction for a public entity carne or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, 15 supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Reapient certifies, to the best of its knowledge and belief, that it and its principals' 1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency, 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bnbery, falsification or destruction of records, making false statements, or receiving stolen property, 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 18(h)2 of this certification; and 4. have not within a five-year period preceding this Agreement had ono or more public transactions (federal, state or local) terminated for cause or default Where the Recipient is unable to certify to any of the Statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed 'Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion' (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENTS COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 1.6 (i) The Stale of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropnabon by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution (j) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112 061, Fla. Sat, (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat , and made or received by the Recipient on conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U S C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act (-INA')) The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (o) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286 011, Fla Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public on accordance with Chapter 119, Fla Stat. 17 (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with 1" this Agreement may be used directly or indirectly to influence legislation or any other official action by the Honda Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief' 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 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 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 funds other than Federal appropriated funds have been paid or will be pad 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 agreements) and that all subrecipients shall certify and disclose accordingly 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 fads to file 18 the required certification shall be subject to a civil penalty of not less than $10,000 and not more than 5100.000 for each such failure (72) COPYRIGHT PATEN_I AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE (HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to Ole performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida Any and all patent rights accruing under or in connection with the performance of this Agreernent are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department Any and all copyrights accruing under or in connection with the performance under this Agreernent are hereby transferred by the Recipient to the State.of Florida (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows or should know. could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property, which is so disclosed Failure to disclose will indicate that no such property exists The Department shall then, under Paragraph (b). have the right to all patents and copyrights, which accrue during performance of the Agreement. 19 (23) LEGAL. AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governdg body has authonzed, by resolution or otherwise, the execution and acceptance of tis Agreement with all covenants and assurances contained herein The Recipient also certifies that the undersigned possesses the authonty to legally execute and bind Recipient to the terms of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized RECIPIENT: Miami -Dade County Name and title Date - FIDS: Carlos Alvarez, Mayor STATE OF FLORIDA DEPARFMCOMMUNITY AFF,�IRS BY 0 Name and Title. _ .: =. ___ _x�Qbb'R 1,4-)O"N�' Division of Housing and Community Develooment Date: 10(30( c7'Et) 20 EXHIBIT 1 Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following: Federal Program: U.S. Department of Housing and Urban Development CFDA #14.228 S 24,993,610.00 Compliance requirements applicable to the federal resources awarded pursuant to this Agreement arc as follows: Note: If the resources awarded to the recipient represent more than one Federal program, list ppplu:able compliance requirements for each Federal_prog_om in the same man�ter as shown below Federal Program: The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and 13 of this Agreement and the Application incorporated herein by reference. The Recipient shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those Identified in Attachment C. Note: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal programs and State projects included in Exhibit 1 be provided to the Recipient. :x 21 Attachment A Budget and Scope of Work 22 H 0 O CC W 00 Fz — Oa E 0) • I 1 c (r g 0 Cl cc I 0pm Q Eogot ;5:3 gym c co Cl aw Oy u: u3 a, co 0•� OUr OUxO .. r 0400-�=U U ^I�%=S22' is. 0. Q VJ E E J 0 >. 0 V) u CO c cc 0 LL j CO itz .0 1 C RI _ 0 E al Q ` V z i O W w w y L.r CO O d y = Ti a0) z 'O d O I- 1.. 0 0 z I 0 < O H CC W G) w S toN 0 Q y < C7 CO 0 la ? O 0 O N a •F+ c O 0 T0) V co x 0 O (7 W E !0 0 z Z 0 0 0 B° 1 O A y b N N n fV o p N O O M O co n O co () O t0 '- oi M 6 t: < c9 A 10 a0 0 O 0, co V y 0; 0) M O) Y) CO y N M y a0 y y ti. a x O Ni• O N W H ^ KU41- IC_ M M 5 y y re Q N) f 01 O y O ce LL_ y CO W rc 0 W z W N co h y �' Lrp% ti /� p w % N' M o v 7 1•• 0 (0 t0 N -J 0 h em DESCRIPTION ADMINISTRATION to w ec f 01 z • XoN{ .V+J. < m 0 z S m (7,3f2„%z. ''/.+'b 3 O A — ai co N O sce co N ce a v.•J Z : C 0 00 ? .' z plesry Q N N y J:. , S 7 0 12 J z to G 4�j 4vm�. T K c OW, la, % z , f„AW m _� ir•A O T '!9JC'7w, % O fA 04 a0 O v. m o CM U itw z w 07 0 W W~ K 0 3 J J 0 j 0 I- a -I tq 0 0 A 0 O J -J Q J 31 m m I"F V) �z 3 3 O v. y F- O ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA W 0 a u D 0 0 a U rein O) �' W c O i2 2 E D o2 Wm �.�._ _ _ ._ V to N a _ (J r a J m a – m N 1 -c W Et Q (to 1 10 N 0 N .- aa! r - CC U 7.1 C u w a W m C J F. O— CO C TN W (7 • 5 D V T z 3 O F C p � N S D 6 28 O a • a Ttrr Mc r l \� Z O K Ntu 0 w C Z 0 E. 0 0 0 Z (31 0 T A R ADMINISTRATION N 3 S N a a 4 O COr N 2 2 2 2 2 • .' E 2 2 Q J J J J J .;. L J J J W ell S":/; ^� W V U 1::: W WU' � W p N.I z z 0 a''; 2 4 al 0 w �� `•.• w3 0 2 SI- ."'2a re z$ wZ ,`ia m wm K> ?.; w4 wK ao U 4 W rb W CO 0 I- W 4U CCn U D Z a a J 2 5 0 m LL m Zap 0 16 0 X V0 S CO F- l ATTACHMENT A - PROJECT DESCRIPTION ANO BUDGET BY SERVICE AREA W > K ~ 0 U 5 4) W0 CC CO WO 0 W m Ou M U Z Ss d O • O r O a W E^� `� O R W E0w 7-9 .3 10 O 0. O cc m O f rn o 7 O�Z OD u c tg a O y Z u. J y L J _ _— N 0 C z U - O o Q[) ] Of a uL N 0 .O C.� J J -J:Li J `2 J J C T 0 R 1.9 0 Q V r Z 2 C K — K N 0 W Y W 5 W o w st W n 5 Z 73 vra - m > o 9 a 2T. n a < W w W m f< U 0 < 0 -E K W m h f 10- 77 C 0 a . V >- CD 8 ° aO Z J a .< a < 3D O L O n o f O m z 1- CO < = 0 0 N ? v t • 8 O O 0 0 "V- . h Yf 0 O h Id O W N N lit 0 CC < u LL N 0 m n n tO 41; J O O O n 1- - r 'co- id N N SUBTOTAL SUBTOTAL ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA W 0 7C N n C 0 0 I_ C ; =if g ) 0u. C C 00 c U2 at 4 'O 15 — S v ilt W 0 C ui r 0 W a i W L 1- a. O - — -- - - • 2 - w j f 5 T 403: Z 1 n - W w O • O F- U Z 2 ¢ 7 a o 0 0 2g m BEN l 0 0 re N N C! O w vi W S 0 0 101 7 2 c 0 m 0 az W 0 43 C) 0 CO » ta 1- M 0 0 n N 5 J J 3 Multi Unit Rehab E 2 ? 'a J J J W fi K w a Z 0 W A m N INFRASTRUCTURE 0 CC 111 W -J 4 0 '4- 0) W U �( '23 W 2 W m 0 W 0 u 0- a in o a « J - • O 1- -J W w p !`- b N 0 F ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA 0 V 0 K E3 O co X a > 0 W O a n Ni I 0 it O gr)__ -J ....i 01 c c 0 -o 0 x a c a c 0 0 a a 0 a OC a.W 0 -- a' co C ul D 5 a.N E ' w 3 8 z 2 ¢ A — r. g m • c E 1 � o o y U N3 a Z0 0 O E O_ 0 ¢ 2 _O S m w3 i d $ = c u ' it'u n o m m y s O p C 0 71 u rc a O a Dai a a 3 u m a m Q n 0 so BENEFICIARIES r 0 p0 O N 0 w a 0 0 ~O Cr! .- I- r. . L x 2 J J INFRASTRUCTURE J N ¢ WCC o 0 O LL n N W f J —`J o M 0 0 ro N 0 w N J 4 2 0 IC N w_ •j W 2 w 0 0 0 V J a U) F J m m w H o ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA W J (QA IL/ w tt�� IC > 0 0 Wp ytlf W 0 iZ J m• ro Ou 4 Z 0L (0 4.0 b rc R m3 N ej N10 u5 CO ro m �-,e C▪ I Q N C . 1L J g w < O O � ,0 W TiT o t0 m 0 m m ut = K -J V Q -- J m LL " n 0 C w 1 (0 t0 0 a -?-.4 1 G ' • J 'S 4/ CC N K ' AOMINIS T RATION SUBTOTAL D S f '2 -J 2. S J J -J J J Multi Unit Rehab m 2 d __— _� 1--' J J -1 2 Lit 4• ' W D Q 3 LL W q w w aco U z w w G V J a iJ I- a 4 1- 1- 1- O 0 0Q m m m Q N • z ttoo N f" 1 1 ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA w 0 0)la _1-• ce. co C.) ) (§ k C k\ f–_� \ — — �— • § � § \... go' _ —.y. __! is us , . » ^ ■ 10 2 ' . g / .0 Oft 0 CO !CO sCO r w . /k / ces E / »B 2 � « ' cc t ? 'ka & J _ 5 • \ a ■ a ee- o \ .4 .0 _ x ~: CO § & # q 2 'tu ek c•.z . Si `■2k#kk\te • § a k[ \ (u. — 'MY Y.' q }co & Ei in _ 0 411 A al au Jus co§ us a. . - �c 2re 0 \ ( ` o / / 4 « _. z 3 E 2) 0 0 7.: _ _ -� 2 U. K K § § 8 e k e. 40 us 111 tO G + CD ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA a \ CC `a(ci \) k E© ___ ---� - - ----� .--.••=.... .• .... --� 0 °\ 0) �7 17 .0< / U)ra e C LEI k# §§ 0 CO �!in io 0. 2o�� ----- \i 13 — \E -- — -o - 0 I- iD 24 8 an in al:E � & ha ( ` § in cs 2 � F \ # 'MFRASTRUCTURE 2 2 ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA \ § `e 0 Z 4 a & �- 0 — — �9 CC ow, IL WV %PP & c B§ L ® . ( £ ■ \ J ---- 13 co § _ C up , TA TA a , _0 0 0 k •Om i. 5_4_ 0 -ft it �- -<E V \2k z ; Q kj§ R _- ! x 20k o2 I a 2 • 0 1 M ■ s 3 & 2 a 0 0tt 1- a § co- XJ ■ ( ( 3ORY DESCRIPTION 2 2 2 2 2 . -J Multi Unit Rehab 03 SUBTOTAL � -I � k « CC4§ •\k \ ° is k§ us z cu co ¥ 13) -Jz ■ § 2 � k ) » 1- § I- §16 ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA ta Z.) ir %I D •••••• 0 CO r Iii ‘..2 > 4 I- c 4) III 01.11 Lo 0 1-3 -1 C 3 0 4. • -1 41 CO ____ — -- _ — .......• •• ...M.b . •-. • • .. . ..- • -.. ••• ••• .M. • .... • . .mi••. ... ....E. ..• ..i. - el 0 0 2 O 0 0 0 Co OC 0 cl • • o u. c 5i co e, co el a ela 11.1 a 7 00 IA 0.1 < 12 a 4 is 2 • • I ..i Z "0 st 0 Co la - O 0 • ' •-- .. .r• 10 F 5.i C Ill .0 ce , .! -41 t<,. .. c ',NO ... G. .: •:;:til 1 - CP o aco .- .- r. 1 - al z '' • :•' 4.:,:ii: .c 11-1 -- .0 te.... ,.. --.1 ... i• “: 0co c 0 o o •••• a a ....L 14 CC 0 re • c u-• cp 1- r .- n . el C) et 7 >,. t Z :— In a: • < ;, g o • " • z 0 0 • E • • >- CO 5 • • 0 0 0 a 4) cc r, 8 o up •• > u 3 . X 2 2 2 2 2 —1 -.1 —1 —.1 —J DESCRIPTION -• < 0 •- z 0 - 1- 0 3 30 0 I SUBTOTAL 1:1 J ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA bilitation and Hardening Ir N O ▪ 7 7 01L m 7— i v5 3 • 6t 2 0 0 N 0 r N I- CU W CE Q U rr. • to 0 z 0 {U 0 am O E — q N K c w 7 m r >. 2 3 > = z > N E , ! 0 a > r z 3 3 1 x 3 U •o • 0 •0 O 0 0 --. E O 0 a Zg a I- r rco ce a • - r - m wLo a 2 • S z zn p Q r E z m a ✓ o ,z o 0 00 0 N 3 O c 0 0. .` 0 co W o w U a z O F - Q O CO CO 0 N a W Lam' _ I• l0 co • , CO CO• • �-- `------ J -3 2 -1 � '2 j CO V w 0 V rc 3 •2 0 IT m W . 2 w 0 W V J a J J co 0 • 4 J z O 0 Q m Im O~ 1- N co 1— I- I ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA W 0 cc 0 0 I- W O 0 t -D 04 CO J~ m 0Z O. O Q 0) cC '00` Q a 0 t w i- .0 W C a 0 O W A llzuu m W .c 0 CC 1- 0 K dLi,2 a N Z C ra T % F E u 6 0a 4 :a_� qy(: 7_ m — c> •,t, 00 £is a O 2 w O 0 M Z # O Q 0 0 Q 0 Z 0 CO C 0 0. C 0 cr 0 0 O m O w Y Q 1 O ADMINISTRATION z; w W W 0 zo U' a W G w 0 x x E 70 O G d 0 K K c0 N Vl O 0 CO O CO 0 N w 4 4 cc W N z_ 0 'a Lu 23 asi 2b 0 zm. $ z •$ u, 0140 _ill to 1y Q0 EI$ U. W Z W CO 0 W a 0 J a 7 .... W J co 0 ¢ a 0zin c c J Z 0 z 0 0 0 �v�y 1.- 0 a Q Z 1N 3 O 7 LL : ")NN 3 w O in x 4l N 0 W f0 N 1 ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA W 0 ce 3 N C I- '° o zVI n z S m OU. c CO f C 0? O Ell A U .0 m 0 0 a m ix .. c >1 e.E ea m W N L m M m W i V Z T II - 0 0 LQ C 3sa j U . u o j .o o 0 CO 0 E 0 OI c p c a C 43 �r reo m 5 Io z zo ��fl _ 0 m Q ...- 111-. W •_U t K m W H t O Z C 0 Zi V T m U 0 W a a a 2 v 0 a to in $ 'to a BEN a 0 1- L CC 3 w 0 Z W N 0 E J 2 g ID N • 8 5 J INFRASTRUCTURE U 1 m W N Z W m 0 tut- < 0 J a a a J z O O H ol co 3 3 0 0 w W W U W >- w w W 0 0 CO 0 Z Z 0 a_ U w w n H U W 0 a a Q m. z LJJ t = or U Z U j— ¢ F- U x a y w o LC n O w 8< 0 5 0 2 W O CC 0 O H — 0 mri IV 2 U. O BENEFICIARIES co cc Zco W W li H 00 Og �� Yr 0 h 4.4 :,rte C%Y 1. z a o z 40 P • o c z o z ci rc o u) cooi z 0 Wa ADMIP W J 2 Q O ?d (2 re (2re � W a w ce 4 w U K W N >- t— CO rCO 0 z a z 0 f- a Et 0 to I 0 ►- 0 W 0 a 1— z w 2 Z U Q H Q ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA o CC Q 3 w a --_--_-- -- _— U 1- re N K g 1- a n a OLL ma z AO UQ 14. a i 0 a a reg vi - ` o N N to ge N t0 CC re Q U Y 8 o z C usW ✓ v m S J a O O • O O O • O O v c c 2 5 DESCRIPTION red 0 6 ?, 2 2 5 5_ 2 -.1 J J _I .r • z » _ INFRASTRUCTURE 1 --,... 0 re w J 4 0 CC ll - le h W P$ f W O - g¢ Ls F O 2 • 3 f u o • z o. s_ to 'z CO ▪ COH '' - I- » » 0 ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA W 0 K 3 0 0 0 • 0 =Z d j O4 op re c .0 t- 0 0z a • 0 0 10 V 2 S < -15c c (5------ c o < W O - V) ! - W a n _ P3 < m T. - J LL _ z !p W 0 0 m CC J .0 rt T uJ W W 2 a I > & V) 2 Q C in 0 r O z ui U D C < m L4 0 O 0 Gib O N N 0 U N U t z W m J O 0 N 0 04 CATEGORY ADMINISTRATION 2 2 2 2 5 2 J J a Z O - m 3 O • 2 J < O O 1- COm 7 z. 0 z W 3 z8 Wg INFRAS'RUCTURE 2 J U'- K W 3 z u - m 7 p i W N ,- 4 3 K O O LL J _ = R J !n o 4 4 J z m • m0 1-- N D O O ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA £0 l co c C c 0 A c 0 0 0 E 0 0 N a 0 ix c D T F rz ZW R `2 COX C C N • 0z Ni i o L y . "f.: a q y '43.3 • a 2 j J 2 2 2 J J E 4 O T L 2 v F` c - a Fd Z 0 CO G W Z _Z g m 0 r - Q U O Z c iY G m Q w n U_ X W m N - 3 O Z 0 •0. t. Y IJ et m O O w 4 O Z. QH U O 1- N o a O Q N T BENEFICIARIES J O r N r" 2 w w i r ei w 0) N yr 2 u. os a_W W v w i0 3 E W J K N O J 2 us d Zit' Z a WA SUBTOTAL INFRASTRUCTURE SUBTOTAL (INFRASTRUCTURE) SP c W 0 K 0 O N W W O ..0 X2 O 0 p? 0. f CU' 7 1 n7) d Oa T. as 1 c 0 O C O N r q .. v . L 4 d IX BENE 0 O 0 -.S O 0 0 a J O O O M es C 1-- W n w m 0 0 T 2 j E y Z a0 --- a O C p f- 7 0Z 2 = N R DESCRIPTION 0 J J J J J -a'_ J J J ADMINISTRATION 0 C Z oa i COC W w g 1 O W WH '-m 'n wa a m F. L am 3a wm CCC 3CC C inc m 0 id a 0 c C 0 a rg 4 F T C, H O m 03 O m 7 3 .- G ~ H t =TFC-CC to INFRASTRUCTURE diWe 0 SUBTOTAL (INFRASTRUCTURE) W re 0 Id W O 0 z z O O4 m —_ 40 D 00 02 ¢ 0 C5 O 0 C E u > > > • z W O m o. E V d 1N [i z •O 7 I `^ J 6. • 0- W 0 w 0 C < '0 N - W O 2.2 0 .14 .a 2i E z S JNiT 1 NUMBER • i 2 J J J J J O > z V 0 of aa Ti w m E O Q 8 tC • W H m E w Dz ADMINISTRATION N 4 W CC ¢ (0 ID U el () > n. A y. ✓ V W co m H A A J VI 1n J e A 4) 03 tD 0) Oi 8 � J of 0 < . r r r 1- 0 O N l+1 l ) f7 c q o J G. 2 E 2 w W < 0 < 4- • z CO • 0 0 10 i W INFRASTRUCTURE Attachment B Activity Work Plan(s) 23 C >. 0 a. 0) 0v ti c 0 n d O N O 0 ur-y d O .- f/) 7 0_ E'^ g•0 IDQ g co o 0 0 0 M uoi t Eaa o inoam ,c Q omco O E>,Ili re W M n 00 n Ci - (.9 (7 CO o O F v o w CC 0 5 ama 76n j Z cc0W ag °w m �a W'ed b w Y Q et co 0 0 W (1)0: O0-0 a76o re0 - ccc)o u_1.-• C 3 n u. aw c a0w 0 0co Ca Z 0 2 N O n d cc0 N 0 E oUn 0 � o � >. 0 0 _ 0 a E 4 p -M$ $ !-ja) oNaa U c in $' 6--. cc D Q 75. m a - m cO W R 0 0 0 _ . 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E E 0 0 o4.17 10 O 0 2 O O c 0 0 Construction 100% completed Obtain Certificate of Occupancy oo W s C O 00 0) 0) 0) 0) 0) O 0 E o 0 0 0 0 0 v) m c� —- �- P -- C b M y 4) Om N CO00 0) 0) 01 0) pi 0 0 0 0 0 0 0 0 f-- o r e_- o o 0 J O CD N 0 0 0. b 7 U n m - E 0 <0 d 0 c -- o d g d 0 z kik)) ƒ I® 22 D E >.Wit n c o to0 k ) f kaal 0 `)A E2\ t iii {0w P111 fp i o R O.. . 2 2 fc \_ _ Y_° Com_ 2{t I Commence construction activities ci 0 0 -J a a a at 15 E E `0 8 / ) @ 0 £ ( 8 O. . 0 C•4 141 k 0 t 3 . 0 t ° k a , . . i \ 0 0 0 0 0 - ._ - - — § ti 0 0 0 0 0 } CO 0) \ (0 Cb / 0) j (Rev Aug 2004) . _ -_ C O D my N 10 n W a04.) o E v) 7 CO E N QO C 0) 0) 0) m U) fp N n co 0 L O coJ • c O N • iceW ✓ co o o --- - Q N N 0 ii 0 lJL el r m m `0 `v 0 c& r can s O �n CO 3 Eo W Ce # U O c 00o- o o o 111 -or 0 W 0 F c tn It CI Z W Q D W 0 f - o.ma 0 UUJ IL f'Urn U a -.J Z WW Wj 2 u C F- 0 CO E Q. 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E ffl O to v V) to o 4.1 N 0 N N O 0 O c a crTW o c n a 0 o 0 CO RI 0 0 o v LI oc n . 0 0 D EE a>,W MCO 4* O U c4 W c N O 0 E Submit bids to Miami -Dade County Obtain Miami -Dade County's approval of bid documents CO y T D U U m G10 N y CO 0 G7 .4 m a o E E an E E O 0 8 O 0 0 2 U O e `o vt 0 o 0 0 o d c c to 0 Fn o 8 N 1c 1c tg G7 0_ 0 c 0 f c V ooo o at m o 2 a 2 v E c c c c TA c 10 o0 O 0 JO O 0 0 0 0 0 0 O 0 0- 0 0 0 0 OD n, aa 0 W Q 0 0 0 0 0 0 0 as 0 0 0 0 CM 0 ( « \ C .0 . - °�#3 //2a • { co 5 _88 - — -— 0 ��\ /�/\Ea al re --. , en k R = o 2§w oQ <DW L CLCOa 2 o Mea _ -Iz Q -w / // <Jm §�10 Aaw te w2ab $k'a u. U. Cr L )ka, § 222 § 0- ) §; 2 k2 c 0� § o 4Ec a Lia 0 §9a2 % Z 0§2t 0. ■ 2r- p) 2 G ƒ0 \ §UJ§: / w k2§k S� - f kw uJ§ O. § k k Submit bids to Miami -Dade County I Obtain Miami -Dade County's approval of bid documents Commence construction activities o o co co cri \ CO 0 - 2 k c a 13.1 4.) / E k 8 a 8 — 30 # 0 @ 0 \ \//k 0 0 0 0 0 0 w{= / \ { j 0 {k \ k 0 R/= CO .- / 8 \ \ j 0 0 E 0 0 / dZ et � /� LL § §a 0 u_ 0 w a. 0 § 693 '.n\\ CA CIS to / C \/{ a \\/_ _ _ - � � n ,2�aa § \ / ». } (}~ § -J c 0� : CL - O. amE To I §�wk § cm W' 0§0 \a3 k -- -- &)a o k'/ Ea c co a ) CD k77 » / rt • &g • E } c k 0 0 8 \ § 5 -a - zisil \ E ID { k \ 8 77}_ % 2 •. 8 §• in o� { t • c k§k$ C. / \ts - - 99 ��° _ y o \\\. . #= a 7- 16111 -- \§\\ �/_ $ k/ r fE. ]§* 0) r\ R1.- 7 -- -- - —- -- -- - - - - -— E�� 5_ Eft «�T § 0 0 0 r• \ k/\ j\ ri 100% Obtain Certificate of Occupancy 2 0 0 re a 0 m I- (0 aoz 0 W Q O W m F- ami, W-- E -a -IZaww . 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O c9vo M O a O $ N t0 N- uci at Z (j N U d v E • $ Qc o 0 o r13 cW my Eco m n a ▪ o Siyu o t o o u ~ A Q d a E - • f0 E C C C a 0 IX 0 CLW U c co 0 0 r 'O c0 r WAN .V 0co O Q E'' 0 0 0 0o 0) 0 0 0) Z W r P�' 1to Z13 r O F- Q — — . — —. — - _ ' _�—_ — - - - O ZQw r WIYV t°L� o 5Zix doa CO 00 0) 0) 0) 0) 0) 0 y WOW o f o 0 0 0 0 0 0 V �n o 0 0 `0 0 A o Z • (Rev Aug 2004) c a. 0 D. '0 N O N W 0 - N 7 t- oNy: a co O 4 o to to O 2O r (s , N i7 O N E O QI? c O V) v) D EE>W re a - — * u () CO I - Cl ILI U Cl (7 ►- U) re0Z W a D W p ama V CCVU -IZ aWW 00. oaf wir - r - OC O a Zi .c LL U cC a W c O Z re E Da LL m d O o c) U a m C O 9E M l6 0 N 0 ,±:' al O-oo . m a 990 4 • co z. WE 0. Ci N C] 20E-0_ Oa z ce Z U a WQW U WOw aOU) c 0 v 0 0 To U o. co El o Qw Zi 3 d w w 0 E T N 0 v V a wcn 0 n v o"" U h , 2 V o c 3 n.: n a 1 �_ 0o E E o U 8 O. U -0 E d ? VVV U NN m -; 0 0 O O C O 0 a 8 N Y) N. ,- O` C c c c 0- N C O O O a aa)) ' V U ? U E CD a E c c C TA Nc Q 0 co /D+� 0 U 0 0 0 r o 0 o 0 )O N oi V) h 2 i C O r Obtain Certificate of Occupancy v op c r 'L- W N c co E'` � 0 0 0 0 0 o o U) a — � O 0 .)— O : __/:°1_° r ,4 (0 -c�c W rl O ?. CO CO O c a) 0) O) 0 N E co O_ O 0 O 0 O O v 0 O 0 0 00 ••••O (Rev. Aug 2004) V) �- 00 VI 03 a2 2 .o ° CC -! o p$R 52 )— § a 0. -- - - ■ w -..„.- 0 �2 P w $R3 ToTo E a_ma l ea —Iz lituw tu# ti E2 <xr Occ e y o Q� 09w te h %ra 2) u- t�� a ... «02 R - §a{ { { k a §% a E _ \02 2 0 // } co \ b«�o ,��� z 0 7 9\ i k § \\r.0 § ■ 0 90c 0 m a .. ■ A w CLEo CI .§§2 Obtain Miami -Dade County's approval of bid documents / 4)eo 0 E 0 0 Construction 50% completed nstruction 75% completed N- CI 03 :3 nstruction 100.% completed [co ) 776. { CO z \ aj ) k§ k __ ._/_? ��� _�f\ )/t ai 0 k{ 3 0 0 001 j 04 / Not: More than, one activity may be included per form a ea o r.•� o __ a o 0 k \z 71 /y 0\ CCC) �§ Ka ■ 2 0 0 0 w a. k 0 / to c � 0 t�00 < cco . 2%)c } /» }�{/3 0 0 § rto vs / 0I ) }jIL k a 0 §§93 CO - 0 CO / CC D Glyn _ \ 10 13 )� \ kk/ ct 0 ik Ti 7/q D 0a in _ \ /k« ) f i 2 k ( . 0 R§ c a° J o ar E 0 / ) c 9 V ( 9 o m a§(/ 0 § o k 0 ) 7 - & { $( f 2 2 3; 2)§ k o § o{ e 7 k§@@ 3 k§ , # p 0 Q Jo o 0 0 0 0 0 o @ob2 _ _ _ _ _ _ _ _ _ _ §3§� tu{_ ©ae ¥ Z Ct .-- ? a 0 0 0 °w \§/ $7— CC wOw 0' rr 0 0 0 0 0 \ � -J c a, O .0. a O D .00 w O n O N 0. C 0 0 o v> > m -D'A d • < c w d CD Nn 0 0 D O 0 & c n o >,w o n cca o N N N la' re) O O C n aO — — * 0 n w a m F- o ... U W O F- c o W Q • 7 W U ama 703 W 1. — a 5 aaW0QQ W N QJ 1W Om o • d Q a 7 o c c EE 0 Y O a. cn U o w 38 coag — — -- 09°.. v m _ o, c c v Qc .rE. n U . LL m P u a o QU v0Ca gi m 111 °°C VO Z. O 8 yea 3 a LL n N 7 0 la a d o co N 0 N c — a v Z' 0 _ 2 ti ° V o m c O o Q 0 0 U Q t0 a E a) N co O 4 D a • 0 M o 2 0 2 ON Ni d v m 2 �.- E g a F" co M = N c aJ a o CO a 0 co o EOa, W ea • m ���-ao 0 O ra I Commence construction activities ILonstruction 25% completed D -o m 0 a) a C:.. a E E 8 p 8 0 goo n 4 0 N N c c O 0 I Construction 100% completed u_ 2 o r co M 01 r 0 c n 0 0 0 0 0) 8 r ar 0 c .n v e8 til -c O o d co 01 a rn co rn 0 0 w E T o 0 o g o o C — 0 0 0 0 r06 • m O O d a0 01 O) 0 In E'` 0 0 0 0 0 0 0 0 0 0 0 L Cl-- r 0 0 0 0 a o r o 0 0 r o (Rev Aug 2004) O m O_ -o a) a 3 U c a E co m co0 c w 2 0 0 Z 0 \ 5. ea 0 3 CD 0 )— — o. ta al — — -- — --- — — — CO \ Pa mCr t E/ am -cot k lu .- '�k`{ § j § § CO ( g 0 2 = o o co o§ 2§) k Construction +00°k completed Construction 75% completed Construction 50% completed peteldwoo %gZ uosprutsuoO Commence construction activities Obtain Miami -Dade County's approval of bid documents Submit bids to Miami -Dade County 0 m «\kms\ � E k = 5.0 m§■#8 \ il! —J-v — — •NI ¥ sowloto CP q -u —1 -1 0 0 0 0\ 0a > kcn r> EE 0 § k 0 0 0 a Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements Section I: State and Federat Statutes and Regulations 1. Community Development Block Grant Final Rule. 24 C1- R., Pad 570 7 Florida Small and Minority Business Act s. 288.707- 288 /14.1 S ; 36. 3 Florlda Coastal Zone Protection Act, a 161.52-161 58. 37 F S.. - 38. 4 Local Government Comprehensive Planning and land 39 Development Regulation Act. Ch. 163. r S., 5. Title I of the Housing and Community Development Act 40 of 1974 as amended 6 Treasury Circular 1075 regarding drawdown of C060 41 funds 7. Sedions 290.0401-290.049, F.S.; 6. Rule Chapter 913-43. Fla. Adrnin Code . 42. 9 Department of Community Affaes Technical Memorandums; 10. HUD Circular Memorandums applicable to the Small 43. Ceres CDOG Program, 44 11 Single Audit Act of 1984 12 National Environmental Policy Act of 1969 and other 45 provisions of taw which further the purpose Of thes Act; 13. National Historic Preservation Act of 1966 (Public 46 Law89-665) as amended and Protection of Historic Properties (24 47. C F.R Pad 800); 48 14. Preservation of Archaeological and Historical Data Act 49 of 1966; 15 Executive Order 11593 - Protection and Enhancement 50 of Cultural Environment, 16. Reservoir Salvage Act, 17. Safe Drinking Water Act of 1974, as amended; 51 18 Endangered Species Act of 1958, as amended: 19. Executive Order 12898 - Environmental Justice 52 20. Executive Order 11988 and 24 C.F R Part 55 - 53 Floodplain Management: 21 The Federal Water Pollution Control Act of 1972, as amended (33 U.S.0 , s 1251 etseq.); 54. 22 Executive Order 11990 - Protection of Wetlands• 23. Coastal Zone Management Ad of 1968, as amended; 24 Wid and Scenic Rivers Ad of 1968. as amended; 55 25 Clean Air Ad of 1977; 56 26. HUD Emnronmental Standards (24 C.F.R. Par 58); 57 27 Farmland Protedion Policy Act of 1981; 28. Clean Water Act of 1977 58. 29. Davis - Bacon Act. 59 30. Contract Work Hours and Safety Standards Ad of 1962,40US C.s 327 et. seq: 60 31 The Wildlife Coordination Act of 1958. as amended, 32. The Solid Waste Disposal Ad, as amended by the Resource Conservation and Recovery Act of 1975 (42 61 U.S.C. s. 6901 et. seq.), 33 Norse Abatement and Control: Departmental Policy 62 Implementation. ResponsidWes, and Standards. 24 CFR Part 51, Subpart B. 34. Food Disaster Protection Ad of 1973. P 1. 92-234. 35 Protection of tlatoric and Cukural Properties under t IUD Programs. 24 C F R. Part 59. Coastal Zone Management Ad of 1972.12 L. 92-583, Ardritedural and Construction Standards. Architectural Barriers Ad of 1968, 42 U S.0 4151. Executive Order 11296. relating to evaluation of flood hazards; Executive Order 11288, relating to prevention, control and abatement of water pollution; Cost -Effective Energy Conservation Standards, 24 C.F PartR. 39; Section 8 Existing Housing Quality Standards. 24 C.F R. Part 882. Coastal Barrier Resource Ad of 1982; Federal Fair Labor Standards Act, 29 U S.0 , s 201 et. seq.: Title VI of the Civil Rights Act of 1964 - Non- discrimination. Tale Viler the Civil Rights Act of 1968 - Non- discrimination in housing; Age Discrimination Ad of 1975: Executive Order 12892- Fair I lousing Section 109 of the Housing and Community Development Act of 1974. Nondiscrimination; Section 504 of the Rehabilitation Act of 1973 and 24 C.1 Re Part 8; Executive Order 11063 - Equal Opportunity in IIo s(0g; Executive Order 11246 - Nondiscrurxnation, Section 3 of the Housing and Urban Development Act of 1968. as amended - Employmentlfrainng of Lower Income Residents and Local Business Conirading; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L , 100.17, and 49 C.F.R. Part 24; Copeland Anti -Kickback Ad of 1934. Hatch Act; Tele N Lead -Based Paint Poisoning Preventron Act (42 USC., s. 1251 et seq I. OMBCialars A-87, A-122. and A-133. as revised. Administrative Requirements for Grants, 24 C.F.R. Part 85: Section 102 of the Department of Ilousing and Urban Development Reform Act of 1989 and 24 C F R. Pae 12; Emergency Rule 96ER06-1. COBG Disaster Recovery Funds: HUD program requirements for disaster recovery projects as published in Federal Register. Vol. 69, No 237 (December 10.2004) [Docket No FR -4959 - N-01]. 24 Section II Program Conditions - Disaster Recovery Initiative Program 1- Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety -days (90) from the effective date of this Agreement, the Recipient shall complete the following: a. Comply with procedures set forth in 24 C F.R. Part 58, Environmental Review Procedures for title I Community Development Block Grant Programs and 40 C F R Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, ttie Department will issue a Notice of Removal of Environmental Conditions, b. If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without pnor written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurernent contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d. The documentation'required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement. e Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted. Also, unless submitted with the Subgrant Application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter -local and/or subrecipient Agreement if more than one local government is covered by this contract 1. The procurement of professional administrative and engineering services. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a copy of the folkiiring procurement documents a Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication, b List of entities to whom a notification of the request for proposals was provided by mail or by fax, c List of firms that submitted a proposal (only if short -listing procedure was used), d Completed short -listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short -listing procedure used); e. Completed final evaluation / ranking forms, Portion of commission minutes dealing with contract award; 25 g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h Contract (signed or proposed); Truth -in -Negotiation certification (rf not in the contract) for engineering contracts over $60,000; If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds 525.000. If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information, and m If professional services procurement will not be undertaken, so advise the Department. 3 For any activity that requires construction plans and specifications prepared by an engineer or architect. a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000 These subrnissions aro for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents; and c In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. 4. For activities requiring acquisition of property. the Recipient shall a Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will not be used for the cost of acquisition. the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of his or her rights under URA. invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale. statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. 26 The documentation shall be submitted within forty-five (45) days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitonng of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property A copy of the final staternent of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within forty-five (45) days of the acquisition. 5. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 3B1 00655(1), Fla. Stat (1995) to hookup to the sewer system within three -hundred and sixty-five (365) days of its availability (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) 6. The Recipient shall obtain approval from the Department prior 10 obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER0S-2 CDBG Disaster Recovery Funds. 7 The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in comp/lance with all applicable requirements of 25 C F.R. Section 570.489(e) The amount of program income earned and expended must be reported to the Department on a quarterly basis Quarterly progress reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31 8 The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F R Section 570 487(b)(4) Annually shall be defined as ar :ctivity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. 9 A deed restriction shalt be recorded on any real property or facility acquired with Disaster funds This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85 31. Any future change of use shall be in accordance with 24 C F.R. Section 570 4890). 10 The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 11. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity The Department reserves the right 27 C c to require that deletion of an activity meeting the LMI national objective be replaced with another activity meeting the LMI national objective 12 The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days of the Recipients knowledge of changes in situations which would require that updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred 13 The Recipient shall comply with the historic preservation requirements of 24 C F R 58 17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 14 Conflicts of interest relating to procurement shall be addressed pursuant to 24 C F R Section 570 489(g) Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties, or any other financial interest, whether real or perceived. shall be addressed pursuant to 24 C F.R Section 570.489(1» All procurement actions shall be conducted pursuant to 24 C F R Section 85 36 and Rule 9B-43, Fla Admin Code 15 The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s). 16 If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package. and a copy of the certification shall be submitted with the administrative closeout package 17. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1376 shall not be paid with Disaster funds. 18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the -provisions of Program Condition Number 10. 19 Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as 'direct benefit' and the project rite shall document that the property owner qualifies as a low or moderate income (LMI) person. 1f documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed. 20 Following demolition of a structure on private property. the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property. then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub -grant period A copy of the lien shall be maintained in the project files When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570. 21 For any activity performed as an "urgent need,' the project files shall document that the activity meets the requirements of 24 CFR 570 483 (d) to qualify under the "urgent need' national objective For these disaster recovery funds, the "threat to health or welfare' portion of the requirements may be established in the context of the 2004 hurricane season damage. 28 22 If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub - grant period 23. If grant funds are used for "slum and blight; the project files shall document that the activity took place in an area officially designated as a "slum' or `blighted" area and meets HUD requirements for "slum and blight" national objective, or that the activity qualifies under I IUD requirements for "spot blight ' 24. If grant funds are used for acquisition, the requirements of 24 CFR 570 83 (e) (2) regarding final use or disposition shall be met 25. For any construction contract that requires payment of prevailing wages under the Davis -Bacon and Related Acts (OBRA), the Recipient shall take the following actions so that the Department may meet its OBRA tracking and reporting requirements to HUD for these funds: a Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information, and b Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the sarne information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have been corrected and the home meets Section 8 Housing Quality Standards 27 Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract. 28 Pursuant to Federal RegisterNolume 69, Number 237 (Docket Number FR -4959-N-01) and the Robert T Stafford Disaster Assistance and Emergency Relief Act (42 U.S.0 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipientsand, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during.monitoring, by an audit, or other means may require repayment of duplication of benefit funds 29 Attachment D Reporting Requirements The following reports must be completed and submitted to the Department in the time frame indicated Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement. 1 The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate "no activity". 2. The Request for Funds Form must be submitted electronically through FloridaPAPERS to the Department by an authorized signatory at a minimum of once per quarter within fifteen (15) days after the end of the quarter. April 15, July 15, October 15 and January 15 If no activity has taken place during the reporting period, a zero (-0-) Request for Funds must be submitted electronically indicating 'no funds required'. 3. The Projection of Contract Payments Form must be submitted to the Department (4) times a year April 15, July 15, October 15 and January 15. In Section I indicate the amount of funds projected to be drawn down for the applicable reporting period If no funds will be required, a zero should be reflected in the applicable reporting penod. In Section 11, indicate current approved budget and available balance for each project activity 4 A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days after the end of the quarter on the report form provided by the Department' April 15, July 15, October 15 and January 15. 5 A Section 3 Summary Report (I IUD form 60002), as required by 24 CFR Part 135, must be submitted to the Department annually by July 31 The Department will provide a copy of the report form to the Recipient. 6. the Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date 7 In accordance with OMB Circular A-133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year 30 Attachment F Warranties and Representations Financial Management In addition to complying with alt applicable federal regulations, the Recipient's financial management system shall provide for the following (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that adequately identify the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobfigated balances, assets, outlays. income and interest. (3) Effective control over and accountability for all funds, property and other assets Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Wntton procedures for determining the reasonableness, allocabdity and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant (5) Accounting records. including cost accounting records that are supported by source documentation. Competition In addition to complying with all applicable state and federal regulations, all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bijs and/or requests for proposals shall be excluded from competing for such procurements Awards shalhbe made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, once, quality and other factors considered. Solicitations shall dearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so Cole, 2tCondu;I The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shalt participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved Such a conflict would arise when the employee. officer, or agent. any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award The officers. employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts The standards of conduct shalt provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient 31 mess }lours The Recipient shall be available at all reasonable times for business 'Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8.00 a.mf to 500 p m, local time, Monday through Friday Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hued 32 Attachment H _ Certification tcegz rd[ng Debarment, Suspension, Ineligibility ,1 And Voluntary Exclusion _ Contractor Covered Transactions (1) The prospective contractor of the Recipient, pnrtrfies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Contractor's Name and Title Sig natur o Firm Street Address City, State, Zip Date Recipient's Name DCA Contract Number NOTE SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION 01- Ti IE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 33 Attachment J Special Conditions 34 Attachment K Department of Community Affairs Florida Small Cities Community Development Block Grant (CDBG) Program SIGNATURE AUTHORITY FORM Stine an oaka lgnatu re AurhaBy farm with each contract Redpient # Miami -Dade County 1-Contrad Mailing Address (Street or Post Office Box) 701 NW lst Court, 14th Floor City, State and Zip Code Miami, Florida 33136 Contact Person Tangle White Jackson Finandal Contact Person Awilda Ashford awb@miamidadeggv Requests for Funds (RFFs) from the Florida Small Cities CDBG Program requke (check one): [ ] one signature [ ] two signatures of Individuals authorized below. No more than two individuals can be authorized to use FlorldaPAPERS. CDBG contracts requke that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures Incurring during that reporting period. Typed Name Jose A. llernandez [ ] Check here Y the above person will be the designated FloddaPAPERS user. Typed Name Awilde Ashford [x ] Check here V the above person will be the designated FIorldaPAPERS user. TYped Name June Ramsaran [ x ] Check here If the above person will be the designated FlorldaPAPERS user. Q$DB--11-/1-01-A01 Telephone * 786-469-215 E-mail Address whiten@miamtdadc goo Telephone 7$6-469-2111 E-mail Address Address _jos ehmiam id ade Dated E mall`Address awhtiamidade trate E-mail Address 1yf@alaaidade:Roy I certify, as the redplent's Chief Elected Offidal, that the above signatures are of the Individuals authorized to sign Requests for Funds and to submit RFF's electronically to the Small Gilles Community Development Biock Grant Program using FIwWaPAPERS. Typed Name Carlos Alvarez [ ] Check here If your local government utilizes Elecuonle Funds Transfer (EFT) from the State of Florida. [ x] Check here If your local government w18 be worldrg on a reimbursement basis. CDBG payments to to locafgovenunenls using EFfare automatkafy deposited In the local government's general account. If the account Is Interest bearing, the CDBG funds must be transferred to a non -Interest bearing account. Please call the CDBG Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptrollers webslte: httediltatslbf Sate.fl.u3(_ Local governments not recelving EFT, and not working an a reimbursement bass, must establish a non -Interest bearing amount. Provide account information for the financial Institution �i inured by FDIQ below. Allssl natures on the account must be bonded. Name of Finandal InstittRbn I Amount Number Street Addressor Post Office Box elephone Number City, State and Zlp Code ATTACHMENT K FlondaPAPERS LOGIN ID AND PASSWORD REQUEST FORM 35 T i' _ nut . J •