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Flamingo Neighborhood $1,500,000CDBG 2005 DRI Municipality cc-- t r c' 7 FLAMINGO NEIGHBORHOOD SI 500.000 FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT Disaster Recovery Inititiave #08 -DB -D3 -11-23.01-A01 GOVERNMENTAL CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE 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 "Awardee" Tho parties agree' I Definitions OCED 24 CFR Part 570 - CDBG Community Development Corporation Office of Community and Economic Development or its successor Department 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 i.e., a family whose income is within specified income limits set forth by U.S HUD. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storago data and media whother written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs. electronic tapes, computer drives and diskettes or surveys. Federal Award Awardee Subcontractor Subcontract Department Subgrant Agreement Any federal funds received by the Awardee from any source during the penod of time in which the Awardee is performing the obligations set forth in this contract. Recipient of CDBG funds from Miami Dade County. Any individual or firm hired on a contractual basis by tho Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "A) of this contract. Any contractual agreement between a Subcontractor and the Awardee. State of Florida, Department of Community Affairs Federally -funded Disaster Recovery Inititative 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 II. 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 claim 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, and July 10, 2010. b. Quarterly Renortina when Subcontractors are Utilized Awardees are advised that when subcontractors or sub -consultants are utilized to fulfill the terms and conditions of this contract, Miami - 2 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 Wornen-Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. The Awardee shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section 1 - Status of Contracted Activities. The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and/or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low -moderate and low income -residents. The Awardee shall also report 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 III - Minority Business Enterprise: Contract and Subcontract Activity(( Re99prt (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• Nolr\hhnrhnod Fmnlovment }nrortunities Re Qrt (First and Third Quarter Progress Report) - f he Awardee shareeport 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 D.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 II, 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 1/1 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 II, Section E 5. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "Information for Environmental Review." Notwithstandin(t ants provision of this eoreement. the1'1arties hereto 37ree and acknowledge that this A/%.reement does not constitute a commitment of funds or site annroval and that such commitment of funds or an,Rroval may nrrur nnly a an satisfactn tt corn lotion of environmental revied nd rete( bJ the Counof a release of funds from the U.S. De//JJartment of Housi%` an (khan neve looment under 24 CFR Part 58. The �arf(es further agree tha� the provision of anv funds to the n object is conditioned on fhe Countjl s nterminatinn to proceed with. modify or cancel the oroiect based on the results of a subseauent environmental review 4 4 Audit Report - The Awardee shall submit to OCED an annual audit report in triplicate as required by Section II, Paragraph I 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 II, Paragraph Q of this contract 6. Affirmative Action P�n - The Awardee shall report to OCED information relative to the equals y 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. 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 and/or demolition of property and which require the relocation of families, individuals, businesses and/or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and/or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and/or industry) is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and/or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 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 the 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 Awardee 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 CornrOiance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5 Americans with Disabilities Act (ADA of 1990 - The Awardee shall attest to; and submit the 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 Em/7 or`ent Prnmntinn and Procurement Practices%Ordinance #9R-301 - 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 detemiine 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 statins that the Awardee has aricptnd a Cnrin that comiVies with the reouirements of Section 2-8 1(i) of the Miami -Dade Counbr Code )Form A-12). PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287133, 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, 8 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, 9 3 The Federal Transit Act, as amended 49 U S C Section 1612, 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. 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. 10 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 Audits and Records 1. The Awardee expending 5500,000 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 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. 12 3. The Awardce shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 4. The Awardce 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 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, arid 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-DADF COIINTY INSPECTOR f;FNFPS 1 PP&IPW According to Section 2-1076 of the Code of Miami -Dade County, as amended by Ordinance No 99-63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (114) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. a. Exception. The above application of one quarter (1/4) of one percent fee assessment shall not apply to the following contracts. (a) IPSIG contracts, (b) contracts for legal services, (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue -generating contracts, (I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j) professional service agreements under $1,000, (k) management agreements; (I) small purchase orders as defined in Miami -Dade County Administrative Order 3-2; (m) federal, state and local government -funded grants; and (n) interlocal agreements. Notwithstandl5kM the forgaoipa the Miami -Dade Court ( Beard of Count rlln /C//o{mm/i..(7s}iioonner(j\ may authorize the inclusio fffr f the fee asasst [ o LI C rlrt70 Or aWaer 114) of ane nprcent in any nvmmntnN 13 Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract 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 II, 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 II, Paragraph H of this contract 9. The disposal of all contract records as provided for in Section 11, 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. 14 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 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. 0. Publicity, Advertisements and Signage 1. 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 be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather - resistant colors and materials. The Awardee shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE THE SIGNS SHALL BE IN 15 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 arnount for mobilization. P. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED in the CDBG application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low-income residents from Community Development 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 low-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) atter the Awardee is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR 16 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. 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 (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). g. Fair Suhcontractmc Policies Ordinance 97-35) All Awardees on County con racts 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 their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The term "local" means having headquarters located in Miami -Dade County or having a place of business located in Miami -Dade County from which the contract or subcontract will be performed. The term "subcontractor" means a business independent of a Awardee that may agree with the Awardee to perform a portion of a contract. The term "subcontract" means an agreement between a Awardee and a subcontractor to perform a portion of a contract between the Awardee and the County Q. Property 1. Definitions a. Real Property. Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 17 b. Personal Property- Personal property of any kind except real property. 1) Tangible: All personal property having physical existence 2) Intangible- All personal property having no physical existence such as patents, inventions, and copyrights c. Nonexpendable Personal Property. Tangible personal property of a nonconsumable nature, with a value of 5500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d Expendable Personal Property: All tangible personal property other than nonexpendable property 2. The Awardee shall comply with the real property requirements as stated below. a Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives until five years after the expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole and absolute discretion, or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Awardee such longer period as determined by OCED-then the Contract or shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph Q.2.a.1., above. b Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from OCED for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from OCED. c. All real property purchased or improved in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Awardee and shall include a legal description; size, date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property 18 was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met d For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. e. All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED This report shall include the elements listed in Paragraph T 2.c , above. 3. The Awardee shall comply with the nonexpendable personal property requirements as stated below a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Awardee and shall include a description of the property; location, model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED. The inventory report shall include the elements listed in Paragraph 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 Awardee shall obtain prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this contract. The Awardee shall dispose of all such property in accordance with instructions from OCED Those instructions may require the return of all such property to OCED. 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 are specifically not allowed pursuant to the 19 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 Cor Qance Manual. If any program income provisions of the Confract Cor�}}gg1liance Manual conflict with any program income provisions of (his contract, the provisions of this contract shall rule b Thn (•.minty may in its sole discretion allow Awardee to Use Prgylfam Income to carpi out eliaible activities. The Awardee may reau o t to use Proaram Income for e . ible activities. If the Awardee requests to use Program Income, the Awardee shall report to OCED all cumulative Program Income generated from activities financed in whole or in part by funds from this contract. This information. alogp with a check payable to Miami -Dade County for the tenerated Pivram Income muss he submitted ruarterly as part oI the Fiscal Section of the Awardee's Prnnress Rennrt as nuflinarl in Cart:On 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. e. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity 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 9- 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 shall transfer to the County any program income funds on hand, and any program income accounts receivable attributable to any CDBG 2p 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) 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. 21 3 The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services 4. The Awardee shall receive from OCED written prior approval for any subcontract 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. If the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to OCED. 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 terns of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee is required to submit to OCED pursuant to the terms of this contract or any amendments thereto 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 on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement — Attachment "A," which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6 No 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 Awardee which have not been used to retire outstanding obligations of this contract must be refunded to OCED in accordance with OCED's Contract Comoliancn 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 shalt 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 23 III 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 $1,500,000 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 April 30, 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 2 In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds, withhold payments or both These actions may apply to only part or all of the activities funded by this contract 3. OCED will notify the Awardee of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s) OCED will give the Awardee reasonable opportunity to rectify any action or inaction referenced above. C. Termination Termination at Will This contract, in whole or in part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be in the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination for Convenience 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 less than twenty-four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. OCED shall be the final authority 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 tho 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 25 performance, or is not materially complying with any term or provision of this contract. Unless the Awardee's breach is waived by OCED in writing, OCED may, by written notice to the Awardee, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract The provisions herein do not limit OCED's right to legal or equitable remedies 6. Penalties for Fraud, Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2-81 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 paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification 1. Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party The parties agree to renegotiate this contract if OCED, 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 CONTRACT EXTENSION The County shall have the right to exercise an option to extend this contract for up to one year beyond the current Contract period and will notify the Awardee(s) in writing of the extension. This contract may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Office of Community and Economic Development. E. Right to Waive 26 OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as a waiver. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. OCED shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by OCED no later than 5 working days of the action; written notification will constitute a contract amendment The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the 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. Minority Participation 27 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 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 1/4 of l% 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 2S Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section arc 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 '/1 of 1% of the total contract amount. L. Notice and Contact OCED's representative for this contract is Richartd Hoberman. The Awardee's representative for this contract is Judy Hoanshelt. The Awardee's principal office is at 1700 Convention Center Drive, Miami Beach, FL 33139. The Awardee's telephone number is 305 673-7510. In the event that different representatives are designated by either party after this contract is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. M. Name and Address of Payee When payment is made to the Awardee's assignee, the name and address of the official payee is: N/A N Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has In any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County. P. Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall 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, 2y 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. O 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 8-1 Insurance Requirements; Attachment C - Progress Report; Attachment D - Infomiation for Environmental Review; Attachment E - Certification Regarding Lobbying; Attachment 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 executed by their undorsigned officials as duly authorized, this AWARDEE: CITY OF MIAMI BEACH BY: NAME: TITLE: DATE: ATTEST: BY: City Manager b / t+lCQI 0 e ko (,.e t 1 cr lot q TITLE: L(4-01 !`-te.ALL__ Federal ID Number: 59-6000372 Resolution #: R-1260-07 Awardee's Fiscal Year Ending Date: 9130 CORPORATE SEAL: le (31) gelcontract to be y of MIAMI-DADE COUNTY BY: NAME: TITLE: Mayor ATTEsrco1464 7 .: i BY: «v.,, L 1' rte• TITLE:' `(terI%,jloajrof County Csm nissipners APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 31 •1 ACMIEIr R � Fs' ! 5 ATTACHMENT B CITY OF MIAMI BEACH FY05 CDBG-DRI SUMMARY BUDGET PERSONNEL $-0- OPERATIONS -0- CONTRACTUAL 225,000 CAPITAL 1,275,000 TOTAL $1,500,000 DETAIL BUDGET CITY OF MIAMI BEACH FLAMINGO PARK IMPROVEMENTS Modification (1) PP 04014 PERSCINNELL - Employee ,ular-Salaries 04011 StI..end - Non County Subtotal Salaries Frip0e Benefits 0401! Pica 37,317 x 0620x100% 04012 Mica 37317 x 0145x100% 04013 Retirement- Non County 04014 Group Health Ins - Ndfl County 04015 Group Life Ins - Non Count 04016 Workers Comp Ins -Nan C&Unty 04017 Unimployment Ins . - Non Cowl/ 04018 Group Dental Ins - Non County I Subtotal Fringe Total Personnel Contractual Services 21010 External Audit Non OCED OCED !Total All Sources 1 0 0 0 06 $0.00 6 $020 000! 30 090 $ o (b so Oo so00 5000 50001 $0001 1020 Accountin Services 21030 Other Pro essional Svc 22310 Securit. Services 25511 Build! • ental Total Contractual Orratingp, E . ense 22010'Electrica(Se ces 23210 General Liability Insurance 23220 Auto liability Ins. _ 125330 Rent Cop16r 131015 Cellular Phone Service 31020 Outside nPhone-59 31021 Outside n4Phone-Long Distance 31310 Travel E pend - Local 31611 Post e -Re ular Mail 32021 Eddebtlonal Materials 33020 Prizes & Awards - Trophy etc Gio ° 1 so o0 Total Operating Expense 0 I 50.00 0 0 00 0. 0 50.00 0 00 50 00 50 00 50 00 50 00 $0-00 Commodities /I 33050 Other General 9giSJ Vi�c. Nips Contrt 47010 Office SuppIies!Clalfide Vendors 43013 Re parts Auto 49630 S e I Supplies for dials Total Commodities I COM Outity 111161620 66sic Architddural fees 61620 Prime Contractor Total Capital Outlay (TOTAL BUDGET o 001 0 00 50 00 5000 50,20 $' 0 00 000 0.00 $0 00 50 00 5000 50 00 5000 $0 00 000) �p OD O0 1 000 00qI $000 0 o[;,I s'Do o. l $o 01 225,000176T!� r 23 �f} 0 1,275,000 001 5'1,�7�,OOtl.tlUl 1,500,000 1,500,000.001 sool5500 000 51,500,000 001 Soo { 51 , ATTACHMENT B-1 INI)ENMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION ANI) MAJOR REHABILITATION ACTIVITIES Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including 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 ansing nut of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners pnncmpats or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in 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 Conununity and Economic Development, 140 West Flagler Street, Suite 111000, Miami, Florida 33130, Certificates) 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 Flonda Statute 440_ 13. 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 Insurance_ on an "All Risk" basis in an .amount. not, less _. than one hundred (100%) percent of the insurable value of the buildmg(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor E Professional Liability Insurance in the name of design professional for this project, in an amount not less than $250,000 with the deductible per claret, if any, not to exceed 10% of the limit All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must he rated no less than "13" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company mist hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to 1)0 Business in Florida" issued by thc State of Florida Department of Insurance and are members of the Florida Guaranty Fund, Certificates will indicate no modification or change in insurance shall be made without thirty (30) clays in advance notice to thc certificate holder MIAMI= COUNTY CAPITAL IMPROVEMENTS PUBLIC FACILITIES QUARTERLY EXPENDITURE AND PROGRESS REPORT • FY 2009 Repoiting. Periddt_j 0 1" Quarter [Jan -Mar] 0 2^d Quarter [Apr -Jun] 0 3e Quarter [Jul -Sept] 0 4" Quarter [Oct -Dec] 1 Annual Report :Section I: Generalanformation Recipient Name (Organization) Contact Person (Name & Title) Activity Name (Project Title) Acbvity Address Activity Descnpbon Telephone Number Activity 10 4 Index Code Funding Source Funded Amount: $ Activity Category ❑ Administration 0 Capital Improvement 0 Economic Development ❑ Historic Preservation 0 Housing 0 Public Service Objective 0 Create suitable living environments ❑ Provide decent affordable housing 0 Create economic opportunities Outcome 0 Availability/accessibility 0 Affordability 0 Sustainability i Section II: Pfiiancial Information A 8 C D E TOTAL REIMBURSED CATEGORY EXPENDED CUMULATIVE iFrs QLarp' p.rwgaend of alls¢eno APPROVED BUDGET ACTUAL EXPENDITURES CUMULATIVE prro.lah ere o' ms go alt6 )Personnel $ fContractual $ Operating Costs $ Commodities $ CapitalOutlayS $ $ JL S F G H CUMULATIVE PROJECTED PROJECTED PERCENTAGE EXPENDITURES CUMULATIVE IB 6 C "tem QJarell EXPENDITURE ?'r Eno °'rASNV.I Per oil yo $ % $ % $ $ $ TOTAL $ % $ $ Program Income The disposition of Program Income not specifically listed in ne approved Program Income budge: requires prior widen approval from 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 written approval granted by OCED to use the Program Income generated from this activity? 0 Yes 0 No 0 N/A It yes, t® Oath copy of approval letter aid related documents U no, amitten rattiest tor approval to use the Program Income mus bo submitted to OCED -or-a check payable to Miami -Dade Canty for the generated Program Income must be submitted quarterly in accordance Nigh the terms of the conaacL • Check Attached? 0 Yes 0 No 0 NA% �:.^:r`;?i: 2`r 2i'. :'•i .` -_ :,.:>-i '. ,?HETIVITYSTATIJS.ANDACCQMPUS1 7ENTINFORM&TION. '.;..- 1 Activity Status 0 Cancelled 0 Underway 0 Completed 2 Environmental Status 0 A=Exempt 0 C=Completed 0 O=Underway 3 Is this activity soil in compliance with the original project schedule? 0 Yes 0 No 4.4,70119 yYAt 810:41 14Thiitieri rid j + Ao4111 liShiltipnYNattaUvelien-,ayedh�,letedj .r�retk 8a6N �rdtgr.`g�edfs�eXfrc3rEo"A:YDkt:�o�Ye^tr.k4��'��sKtxrepirrg.h°audcCiIXgtF4ie^i�olbirfexcJ hnerilaeaarana ro,aat`, -1 fA fa-ptSoop°or5ertrloae]_----1 :7edifOfl1Y% 1iei uPiiolo Qtt t"to•tfiacla?kzwalorsrsprrdep lsb�ddunr�nsrew Office of Community and Economic Development Page 1 of 2 Quartedy Expenditures and Progress Report (rev 12-15-08) MIAMI tac►a� COUNTY I CAPITAL IMPROVEMENTS I PUBLIC FACILITIES QUARTERLY EXPENDITURE AND PROGRESS REPORT• FY 2009 Section V: Problems Encountered • Provide a brief descrosbn(erg p-rpyama or delays oncosnlered slurry the perodanikipated Sodas VI: TeehnleaFASStance •FTore °Satyr= has anetderatipalle a need IcrOnlerical assist:recessing Its poke.p deaubeale naucdareaaareroere et.1 Section VII: Performance Measurement Aaompishment Type 0 Peeple loll 0 Households til 0 Businesses tcal 0 Organaabals Fsi 0 Housing Units 11o) 0 Public Facilities [11) 0 Jobs [13) National Objective 0 Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA) -or- 0 Direct Benefit [e.g. LMC, LMH, LM:j . Achievements: 0 Yes 0 No. Type: 0 Housing ,,Achievements: 0 Yes 9 No Typo;. 0 People 0' 0 Households j Projected Goal Actual This Quarter Aqua' Cumulative Housing Unita Owner Rental Buhr I Total 1 1 'Supplemental Form @ Required - Attached Y IN ;1) Performance & &xeit Daa: Hawing Nob1-^il1E thdcd prNecrs must setae appacabb aMvy se hop form Projected Goal Actual This Quarter• • Actual Cumulatve People Households Total People Low? I Trial -� Lowl 1 Female Mod I NoustYtNs Mod ` Headed "Supplemental Form '3 Required - Attached Y / N _ (1) Performance & Beceil Data Pubic Service & Adrrcisaaton 0 et - (2) Performance & Benefit Data. Capital Improvement & Pubic Faclilies 0 -0r- (3) Performance & Benefit Data. Housing 0 Note. 1 -ME funded projects mus? subvatappdcahie arrant/ setup roan Achievements:. Yea.: o .Type: 0 Jobs or 0Businesses Projected Goal Actual This Quarter Agdal Cumulative Jobs Created FT Jobs Low Mod PT Jobe ;Low! Mod 1 Total 1. E Jobs Retained FT Jobs ; Low I Mod ( PT Jobs : Low? Mod y 3.. Total 'Supplemental Fong @ Required - Performance 8 Benefit Data Economic Development - Attached Y / N: PERFORMANCE CERTIFICATION: 0 This certifies that No Accomplishments occurred during this Quarter __ meals I NOTE: SuMsaal of Suopien ental Form - Performance 8 Benefit Dab is not requ'rod at be time bawd a: the cone) aton Mit no ewcmpashments owned during It Wane CERTIFICATION This is to certify that the data and other information provided ir. this Report is correct. based on official accounting system and rocords, and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by Signature of Certifying Official. Flint llama Tile: Title. Date: Date :FOR:OOER U$E ONLY,.d; :_ Acbvity IDIS Number ___ Report 0 is 10 is not compete • Report 0 is 1 D is not accurate • initial review for completeness and accuracy completed by: Name Date Name: Contracts Mfcer Olioe of Community and Economic Development Page 2 o12 Date: Team leaser 1 aupavisa Quarterly Expenditures and Progress Repo (rev 12.15a) QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS 1 QUARTERLY EXPENDITURE & PROGRESS REPORT - Page One - Instructions Reporting Period. Enter "X° in the box that corresponds with the appropnate reporting period for this report Section I General Information 1. Recipient Name: Fill in the appropnate Agency; Organization Name 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 activity 5 Activity Address Enter the complete address of the location where the activity is taking place. 6 Activity Description Enter bnef description of the activity (120 characters maximum) 7. Activity ID M: 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) if 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 primary 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 Information 1. Column B 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 during this reporting penod 3. Column D: Enter the actual cumulabve 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 reporbng 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 B (Approved Budget) Example - If Column D shows $5,000 expended to date in the Personnel Category and Column 6 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 m each category for tie next quarter (reporting period) 7 Column 11 Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contact penod 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 'No' box 10 If the response is "Yes" to Program Income Indicate the amount of program income generated during this reporting pend, 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 letter along vrith all related documents. Otherwise, enter "X" in the 'No" box and submit a wntten request for approval -or- a check payable to Miami -Dade County for the generated Program Income ACTIVITY STATUS AND ACCOMPLISHMENT INFORMAf ION 1. Activity Status Enter 'X' in box that corresponds with the appropnate status of the activity [Cancelled, Underway, or Completed] Please note that an acbvity is considered complete once it meets its national objective, all accomplishments have been reported, and all the funds are drawn from IDIS 2 Environmental Status Enter "X" in the box that corresponds with the appropriate 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 activity complies with the onginal project schedule. if not enter "X" in the "No' box Section 111: Work in Progress Provide a bnef narrative description of work in progress during this reporbng period For example - • Housing - During 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 OtherSu000rtina Efforts Provide a bnef narrative descnpbon of al other supporting efforts that have begun, partially implemented, or completed during this reporting period. Include quantifiable data whenever appropnate. In addition, other expenditures of funds, including local match and leverage contributions, should be depicted here �i3SilANi;EftL:YEXP.ENl3ttljRE!&4ROMESOEPTA'[:.:ipage Two.. nstructons ;' %,:.„�•r:•:•::o:x�: ••;::• .,r.{;•;: Section V Problems Encountered Provide a brief narrative description of any problems or delays 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 originally proposed, including but not limited 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 & Acronyms [created 6/301081 revised 9,108 Page 1 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Section VII Performance Measurement 1. Accomplishment Type Enter 'X' in the box that corresponds to wth the actual accomplishment type of tins 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 locate the National Objective for the activity—or— contact the Contracts Officer to obtain this intonation. Code LMA LMAFI LMASA LMC LMCMC LMCSV Beneficiary Type Area Basis Benefit Area Basis Benefit Area Basis Benefit Direct Benefit Direct Benefit Direct Benefit Description Low/Mcd Aroa Benefit Low/Mod Area Benefit, Community Development Financial Institution (CDFI) Low/Mod Area Benefit Neighborhood Revitalization Strategy Area Lowihlod Limited Clientele Benefit LowlMod Limited Clientele, Micrcenterprise Low?Mcd Limited Clientele. Job Sernce Benefit LMH Duect Benefit LMHSP LMJ LMJFI Direct Benefit Direct Benefit Direct Benefit LMJP SBA SBR Direct Benefit Designated Area Basis Urban Renewal Area SBS Spot Basis Low/Mod Housing Benefit 24 CFR Citation 570.208(a)(1) 570208(d)(5)(i) 570.208(d)(5)(1) 570.208(a)(2) 570 208(a)(2)(iii) 570 20R(a)(2)(iv) 570.208(a)(3) Low/Mod Housing Benefit, CDFI or Neghbo hood Revnalizaton Strategy Area LovlMod Job Creal:on,Retention Low/Mod Job Creation/Retention, Public Frothy/improvement Benefit Low/Mod Job Creation., Location Based Slum/Blight Area Benefit Slum/Blight in an Urban Renewa Area Slum'Blight Spot Basis URG Urgent Need Urgent Need 570.208(4)(5)(4) 570 208 0161611 570.208(a)(4) 570.208(a)(4)(iv)(F) 570 208(a)(4)(iv) 570.208(6)(1) 570.208(6)(3) 570.208(b)(21 570.208(c) The data in this section is required on a quartedy basis for the reporting period and cumulative (from the beginning of the contact period through the quarter being reported) If there are no accomplishments during the reporting period, the data for this Quarter and Cumulabve may be left blank, and the Recipient must complete the Performance Certification 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 if any accomplishments are achieved in the reporting period and complete the Supplemental Form, °Performance and Benefit Data. Housing' 4 Total People or Households: Activities that provide Public Services or Administrative (e g , Fair Housing Activities) must complete this secbon if any accomplishments are achieved in the reporting period 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 period and complete the Supplemental Fon, 'Performance and Benefit Data Capital Improvement & Public Facilities' 5 Total Jobs: Activities that create or retain jobs, andror provide assistance to businesses, must complete this section if any accomplishments are achieved in the reporting penod and complete the Supplemental Form, "Performance and Benefit Data Economic Development' 6 Performance Certification The Performance Certification check box for 'No Accomplishments" must be checked and initialed by the Certifying Official if there have been no accomplishments during the reportng period. This item certifies that there have been no accomplishments during the reporting penod and the Recipient is excused from providing any further accomplishment information on the activity 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: http:lhmvw hud.aoviofficeslcodlabouUnerformance1 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 Certifying Official of the Recipient must sgn the report, his of her title must be entered, and the oeiification must be dated '•''' "'r% "`'kW ` %``SUPPLEMENTAL FORM.PERFORMANCE '&BBM t';Ip. ,•' r`8 u`<FC•y�•' ^'+�St•'•t'^:y.>:>:.r :. INSTRUCTIONS ' J uc •• a�'' ,'�E.'`� 'h$.?•%;;;.:St#S&i�:::5rt;�;iii#i,:l �3k. SY.•:�..\;':.`y.'..•'.:. 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 objecbve 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 actmty The following general information is available on Attachment A in the contract Activity ID, Activity Category, HUD Activity Matnx Cede and Description (HUD Activity Type), Accomplishment Type. and National Objective M reports must include the name of the person prepanng the report and the Certifying Official of the Recipient must sign the report. his or her tide must be enter, and the report must be dated Instructions, Definitions & Acronyms (created 6130,06] revised 9/5i08 Page 2 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS atainterifiEnTiMUWARRa Project Category [required] Enter "X" in the box that corresponds vnth the funded project type Accomplishment Type 1 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 lowfmod income 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 penod 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. w�kt°C.-t:-6s�,t�,$d.-E-S-6+•s�+C�vSw.w:.r;.ti.-c�-e+-e.-G��-fi.-65.6,-E+ Funding Sources! Leveraging of Funds [required] . ; ;5 F a!gi`ww,,.g? }r(trF_es..atiorOb Project Type [required] Enter °X° in the box that corresponds with the funded project type Measures Acquisibon/Drspositton and Clearance:Demolition acbvities 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 Fadlities] , number of persons served, and number that are lovdmod income 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 �,-6-6-6d+-ei-as-S.+6+wSw`.w5-G+,5i-Cn�.4-s,.aC-s:-6..S..a:wSti.,G.•G.•di-c'• Direct Benefit Information (required] Beneficiary information must be provided in hs 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 -a5.s"-e,-�..ew5•eae�-c,.6s-6;-a;-s;.s.�.v+°avis.c.-c.-e.-6�.ati-6g-s;-�-e.•a. Funding Sources f Leveraging of Funds [required] Required Attachments must be provided, if a licable a"et:6KilZte 3lfrifit raa[ef:jal3;t ei i• i x _moo HOME Funded Projects Only [required] Enter "X' in the box that corresponds with the funded HOME tenure type, complete the corrosponding 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 tor the funded activity CDBG MuIU-Unit Activity, if applicable Provide all requested information for both charts in this section Displacement Information, if applicable Provide all requested informabon in the chart Replacement Information, if applicable. Provide all requested information in the chart -C.•G�L+�S-�C-GS-G-6,-E-6•-6,�R.E<S.d..lnwS.Ei.C.wS-Er'S-6+�-65d+-u4-CA Performance Measurement & Accomplishment Information [required], all applicable seder must be completed (1) Provide number of Affordable Units and respond to each inquiry - a through f - 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 &ought up to HOS/Local Cade (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 Financial 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 Assistance+Closing Costs 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 & Acronyms [created 6/30108] revised 96/08 Note Jobs data should be prepared as accomplishments take place (as jobs are created) or on a quarterly basis. at a minimum Job Creation andfor Job RMrntlnn Infnnnatinn [responses required for this Accomplishment Type] (1) Complete the Job Creation area if the activity is expected to create jobs, otherwise. complete the Job Retenbon 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 penod and the cumulative total Also, provide requested informabon in the Income Category and Other Beneficiary 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 •6-6-6- -05.65.65-s. d '6 NI:+ene..4 •6•f:.4.se•-e•-65-as-6 a,6•-s•-6•N.•cr+•E 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] -6KFS..S-6%-ereaNi4.04•wCw5°h•6S•A•65• -6.6.51:,v'S-Gv65-E-65.65.65.60 Area Benefit Information [required] Funding Sources., Leveraging of Funds [required] Required Attachments must be provided, if applicable Page 3 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS DEFINITIONS & ACRONYMS Area Benefit Those activities having a national objective of LMA, LMAJI, and LMASA Beneficiary data is reported 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 streetsidewalk improvements, water/sewer lines. neighborhood facilities, and facade improvements in neighborhood commercial distncts Census Block A geographic area bounded by visible and/or invisible features shown on a map prepared by the U S Census Bureau A block is the smallest geographic entity for which the Census Bureau tabulates decennial census data Census Tract: A small, relatively permanent statistical subdivision of a county or stabsbcally 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 authorizing 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 acbwbes must achieve one or more 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 serious 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 acbwties 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 call the DUNS number request line 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 practices HUD encourages incorporation 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 categones in the performance measurement system Extremely Low -Income. Households with annual income less 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' ate designated as separate ethnicity categones. • 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 ongin,' 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, mamage, or adoption Household. All 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 (HOS) HOS are set acceptable conditions for interior living space, building exterior, heating and plumbing systems, and general health and safety The purpose of HOS 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 Objective of creating or retaining permanent jobs, at least 70 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons Low Mod Landed Clientele (LMC) An activity camed 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 IMI, or • Have income eligibility requirements limiting the activity to LMI persons only; or • Be of such a nature and in such a location that it can be concluded that clients are primarily LMI Low Mod Income Area Benefit (LMA): An activity tamed 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 camed out to meet the National Objective of benefit to LMI persons/households, e g , acquisdion, constniction, or improvement of permanent, residential strictures which. upon completion, will be occupied by LMI households Matrix Codes: The matrix code indicates how the 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 Microenterprise: A business that has five or fewer employees. one or more of whom owns the enterprise Moderate -Income Household/Family. A household/family 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 & Acronyms [created 6130/081 revised 9/5/08 Page 4 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Objectives. The objectives capture the range of community impacts that are expected to occur as a result of program activities There are three possible objectives for each acuity 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) Availabiltty!Accessibtlity. 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 categories to identity 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 ongins in any of the original 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 Afnca Terms such as 'Haitian" or Negro' can be used in addition to "Black or African Amencan 4 Native Hawaiian or Other Pacific Islander A person having origins in any of the onginal peoples of Hawaii, Guam, Samoa, or other Pacific Islands 5 White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa 0 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 B. Black or Afncan American & White A person having these multiple race hentages as defined above 9 American Indian or Alaska Native & Black or Afncan American 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 population served Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap It 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 job -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 6f3008) revised 9/5/08 Page 5 of 5 MIAMI-DADE . >.;.rtii/cj" COUNTY Recipient Name - Activity Name Activity ID # HUD Activity Matrix Code HUD Matrix Code Descriptor PROJEcx g Performance & Benefit Data Capital Improvement & Public Facilities Supplement to Quarterly Expenditure and Progress Report • FY 2009 Activity Category Accomplishment Type ❑ Acquisition / Disposifon ❑ Clearance / Demolition ❑ Street Improvements ❑ Public Facility l Type ❑ Building /Type ❑ Other Capital Improvement (Type pn6cambcwn', MEAS ❑ Structures • 0 Parcels ❑ Structures • 0 Parcels Persons Served • Low & Moderate Income Persons Served • Low & Moderate Income Facilities • Persons Served • Low/Mod Income Persons Served • Low & Moderate Income Instructions 1. Total benefiting for program year 3 Of those assisted, enter the number that a} Novi 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 Re rtipqq Period 1 '''dlarter [Jan -Mar] ( LJ 2'a QuarterApr-Juni t fl 3" Quarto [du'-SeptU• , 4Quarter (Oc-Dec} f Annual Reoo:t I 0 # of Structures # of Parcels # of Facilities # of Persons Served # of Low/Mod Income 7413,;i i MO itatiki'h til 1 s �,bti, .a a Aal bili y' anal Objectives i d tide k, L SBA, , SBR, SAS or URG 2 Counts by Households (li) -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 taality or infrastructure improvement 1) 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 ratriaW0iliOlgzizisli4-01101.0110ittkilialia;„•".m?„,kt„.. 2,,k‘ RACE I ETHNIC CATEGORY Instructions Indiate the total number of households or persons served in each Racial Category for this reporing period and the cbmulauve total From the told' number depicted in each Rabat Category, indicate the numbers that are of Hispanic Ethnioty for this reporting period and the cumulative total CUMU1:14TNE:T.OTALS::-..::::::: RACIAL CATEGORIES Racial Clief Ethic's Racial CalegoEthnic Category Total Number Numbe('•t �c Total NUM er Number Hispanic While (11) Black iAfrican American 1121 Asian [13] American Indian /Alaskan Naha [14] Native Hawaiian :Other Radio Islander [15[ American Indian i Alaskan Native & White [16] Asian & White [17] Black 1 African American & White [18) American Indian or Alaskan Native & Black / African [ I a] Other Multi Rada! 1201 Totals Pedormanoe & Benefit Data Dadra! Improvement & PUGtc Fadiities (rev 12-10-08] Paget of 2 Supplement to Quadogy Expenditure & Progress Report M I A M I•DIADE COUNTY Performance & Benefit Data Capital Improvement & Public Facilities Supplement to Quarterly Expenditure and Progress Report • FY 2009 Ali'M;..41Watr i.\.?a.El:d d9r$:iy��;a011i e].7rT:�#Peggigth DIRECT BENEFIT Income Categories BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION REPORT PERIOD TOTALS CUMULATIVE: TOTALS 1 Other Categories I REPORT PERIOD TOTALS CUMULATIVE TOTALS Total Number Total Number Total Number Total Number Extremely Low (30% or less) Total li Benefiting from the Aobvdy Low (31% - 50%) Moderate (51% - 80%) 4 of Female Headed Households Non Low Mod (81% or grealer) Totals 1btakt?cv?5#�".sLZ s a 2< S ° .' s trG.i?�;taL E ulE3il:i os;.i!,Y�98 �x >` ' a Y Census ( C} or Survey (S) Data Used -c:al # of LowiMod in Service Area. Total LowfMcd Universe Populabon in Service Area Percent of Low/Mod :n Service Area Census Tract. Block Grasps. tf (S), enter # of LowlMod & Total Populaban Census Tract Block Groups Census Tract Block Groups 'iSiR:isiiG.'>?i�a:;;.%ivui,on,;: +•.r.�;:: .il,�iilll�.fwQ�WA Q;;;;A.•1f1!tedAl gl 001: 1•1=3B••• CDBG Funds $ 2 HOME Funds $ 3 ESG Funds $ 4 Section 108 Loan Guarantee $ 5 Other Federal Funds 6 State i Local Funds 7 Private Funds 8 Other \�\\\`ZFoSa.\r$ Nam o1F.na l Sou $ Total Funds 7.0SCCIIMED/ATTLPIMENTSitePplicatte): 1) Certificate Ot.COltiglefiblVa&G htglggAalbletedin theCniar*OiSeirSic;;T:: Title Date Report Prepared by Hat HMO Signature of Cerbfying Official Title Date Pedormanco & Benefit Data Capital Improvement & Public Facilities (rev 12-10-08J Page 2 of 2 Supplerrentto Quarterly Expenditure & Progress Report ArTACUMENT 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. CDBG D HOMELESS (SRO/SHP) 2. Indicate Fiscal Year: FY 20 oS 3. Name of SubrecipientfAgency ❑ HOME ❑ EDI r HOPE Vl n BEDf ayy T KA.... tca4 4 Name of Proposed Activity. FIr..47 R0v IltblitlistfliS 5. Location (Address with City, 5T and Zip) of Activity or Protect 6 Site Folio Number(s)' t JR 7 Commission Disirict(s) 8 Direct Contact information of loanfgrani recipient Name jai f ultrldf Address. l'0 em csf 1'e. 4th' Dr. City M:..; Salt State. 1 Zro 33119 Phone Br -477. 7906 1(61 83 1 Fax -M<r 3-1 v- — q41 Form Revised 101'17107 9. Detailed description of activity or projct: Ca fsj . fd r tJ e0 /h/ lac/Jn takes. 10. What is the purpose of the activity a project? For example, Public Service, Economic Development, H' Preservation, Capital Improvement, Housing.,/�ut.. etc. ;w / L MCC AuLt tt� r.5/�i�r rLK1)p 7�f 4:46•4tbld tfltc�trq I ea aTMcnA1 11. What is the status of activity or project? For example, Pre -Development Phase, Rehab.+Constructior. Underway, Rehab/Constnicbon Completed, etc ire- r%1((9am) Qe ut root J. /kb �� 30 1x,M;ki at «dL Part II. PROJECT OUTCOME Will the acbvity or o ct result in the foliowina? YES NO X 1. Change in use 2. Sub -surface alteration (Le. excavations) 3. New construction Renovation or demolition 5. Site improvements (utilities, a(utilities,siideewallk, landscaping, storm 6. 6P110 afVd P(windows/k,retc.) . Displacement of Persons.s0use o ds orbusiness on working or Iivr.;o on site 9. Load ace n 10. Activity in 100 -year floodplain 11. A new nonresidential ;se generating at least 1,375,000 gallons of water or 667,500 gafrons of sewage per day. 12. Use requinng operabng permit (Le. for hazardous waste, retreatment of sewre etc.) 13. A sanitary Iandfil o/r )arIous waste disposal site It.Tree removal or rMpcabon Ueet Improvements ii. Tne Impounding of more than 10 acre feet of water (e.g. digging a lake or dnvrtinn nr deepening of a body of water) 2 Part III. SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and proposed land use: • Existing? res4k al ,.,k alt t, :, i4.. 14af 714s/ • Proposed? v 2. Site Ran: Does the proposed activity include a new suucture(s) or site improvements an a site of one (11 acre or more9 0 YES No a.a. 11 is :w Itis. ,F.r..t/ If yet a site Plan must be provided Proiect(s1 will not be environmentally reviewed out a site plan. 3. Photographs. Does the activity include new consVucbon. renovation or rehab%itabon? 14 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 intonation. �A r a sire • filth watt k Leat tie sfetf4 M.t.tyy. • Existing structure(s) on site? 0 YES D NO • Eshmated age of structure(s)? 4. Value of improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? l ❑ YES IR NO Rei&c¢m¢r% of a�ci�?+l,y 51011)4413 l If yes, what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? In addition, indicate If the estimated value of the improvement represents ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the sinrture(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? H YES ;21 NO If yes, a copy of Phase I Envronmenta Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid wastellandfill facil`ties and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection (FDEP) and 1.1 S Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stairs in the soil Has a Phase 1 been performed? E YES EX NO o. Environmental Health Information: • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? tan; ❑ YES ❑ NO 1f yes, please submit the results • Have any chid under the age of seven at the site been tested for elevated levels of lead in the body? WA ❑ YES ❑ NO If yes, please submit the results. 4 7. Other Site Information: N/A 1. Flood insurance required? 2. Public water available on site? 3. Public sewer avalable on site? YES 4. Children under 7 years of age residing on site or relocating to site (including day care facility)? 5. Hazardous waste di phi aj facij¢y' 6. Storage of hazard is '�A jleri ((g on site'? 7. Abandoned structure(s) on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submitta': Documents. NO 1 X X x X �C X X 1. For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the ProPertY. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and/or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. ,TOP Cit rn . 4-0p7 ; 'T i vet oniNf'Ct6rc Print Name agna' re Title C(rine/\nrtic C3 nCt to /'S(pc)Name of Organization or Corporation Date / Unless otherwise indicated, retum completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1st Court - 14th Floor Miami, Florida 33136 5 TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity Economic Development New Constriction Renab Non -Construcbon/Expansion Housing Single Family Rehab Multi -Family Rehab New Construction hlomeownersmp Assistance Affordable Housing Pre-Dev Capital Improvement Handicapped Access Public Facilities Infrastructure Public Services Employment Cnme Prevention Child Care Youth or Senior Services Supporbve Services Type of Publication EXEMPT* CENST** CEST*** EA* X Xr X2 X X Xr X2 x No Public Notice/No RROF X Xr X1 X2 X2 X No Public Notice/No RROF No Public Nobce/No RROF (No Statutory Requirement Tnggered) Or Publish NOI/RROF (Statutory Requirement Triggered) Publish FONSI and NOIRROF Estimated Time Frame (Excluding 3045 Days 30-45 Days I II 45-90 Days 90 Days Moored Statutesl Minimum X+ 1f for continued use and change in density (or size) of less than 20% X2 Change in density (or size) of more than 20% • Exempt Exempt Activities CENST Categoncally Excluded and Not Subject to 58 5 *"" CEST Categorically Excluded Subject to 58.5 **" EA Environmental Assessment (Format Il) 6 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 pard 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. 1f 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 thus 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 docurnents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. 4 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. By: taint: Title: Date: IAMI BEACH ntativo) GONZALEZ (Print Name of Firm and Authorized Representative) cIrt MANAGER • 2' Y' 1 4' 0" 2' 6" Project Name Project Cost Enti Miami -Dade County Carlos Alvarez Mayor Board of County Commissioners Barbara J. Jordan District 1 Dorris D Rolle District 2 Audrey Edmonsun District 3 Sally A. Heyman District 4 Bruno A. Barreiro District5 Rebeca Sosa District.S Carlos A. Gimcncz District'7 Bruno A. Barreiro Chairman Barbara .i. Jordan Vice-Clialr ratan Katy Sorenson District 8 Dcmtis C Moss District 9 Sen. Javier D. Souto District 10 Joe A. Martinez District 11 Jose "Pepe" Diaz District 12 Natacha Scijas District 13 Harvey Ruvin Clerk alike Circuit and County Courts George M. Burgess County Manager R. A. Cuevas, Jr. County Attorney COMMUNITY AND ECONOMIC DEVELOPMENT Over 23 Years of 3trenglhening Miami -Dade County 4' 0" ATrAC. 1IMEN'r F _Sign The sign (s) shall be made of V. inch thick marine plywood, newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materials. The Contractor shall place the sign (s) securely braced and mounted. All materials shall he provided by the Contractor and the sign(s) shall remain ui the property of the Owner at the completion of the contract. Shin Support The sign shall be free standing, prominently displayed as directed by OCED representative, and supported by two 4"x4"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 ground shall be 1' FE t- hitt r 6- SFATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS -Dedicated to making Florida a better place to call home" CHARLIE CRUST Govenlol February 23, 2007 The Honorable Carlos Alvarez Mayor, City of Miami 140 West Flagler Street, Suite 1000 Miami, Florida, Florida 33130 Re: Disaster Recovery CDBG Program - Contract 1107 -D13 -3V -I I -23 -0I -Z06 Dear Mayor Alvarez: THOMAS Cw YELlIAM ;ire. n.o y We arc pleased to return your executed Disaster Recovery CI)BG Award Agreement with the Department of Community Affairs (DCA). The Agreement must be retained in your official CDBG files and made available for public review upon request. Please note the following Instructions before beginning your protect: • Do not incur or obligate more than $15,1100 in expenses until you cornplete an environmental review of the project and receive a release of funds notice from the Department. You may incur up to 315,000 in administrative costs to cover the environmental review and other start-up activities • Your contract contains performance related Program Conditions (Attachment C, Section fl) that must be met before funds for construction may be drawn. Special Conditions, if applicable, are reflected in Attachment J. Review your contract immediately and begin the process of meeting applicable program or special conditions. • Enclosed are copies of the Projection of Contract Payments Form, Quarterly Report Form and Minority Business Enterprise Report (with instructions). Use these forms to project quarterly payment needs, to report accomplishment data and to report contractual activities. fhe Department cannot process an electronic paymud request for'an amount Tess than 35,000 (unless it is the final payment) We Zook forward to working with you and will provide technical assistance upon request. If you have questions about your grant, please contact Jim Austin, Community Assistance Consultant, by phone al (850) 922-1791. or by e-mail at jim austi r,dca.state.t1 us . Sincerely, rone Mc 1 anicls, MPA, Administrator Florida Small Cities & Disaster Recovery CDB° Programs EMfFCIja Enclosures Cc: Zafar Ahmed, City of Miami 2555 SIIUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-1100 Phone- 850 488.8466/Suncom 218 8466 FAX 850.921 0781/Suncom 291 0781 Internet address hltp //www.dea,State.il 7MIIGIL STALE Ca/CCM nn.. Dana r/9GOvals t .ay Slide 20 A_•MC it DLO MI 30112ea)wR CIMtMURI1? PLANNING 1S1SSiad Oak blute.rd T~ asset flVMS 2I 18501.88.2.156 EMERGENCY MANAGkMENI 7b ST.wvdOrt Deese TYYwssoe, ft.31)99 2100 14014 i3 9969 HOUSING a CUM UUMTY OCvk tOVMEMI 15ss S ...tial Oan.de.ad T IIs. ,ee ft 32399/100 (850)S f951. iRecipicntNendor Relationship Determination' PART B� The following should be analyzed for each relationship with a non -state organization where it has been determined that state program provides state financial assistance (i.e. is a State Project) and the non -state organization is not exempt .sed on the questions above This relationship may be evidenced by, but not limited to, a contract, agreement, or application. YES NO 1. Does Slate taw or Legislative proviso create the non -slate organization to carry out this State Project? 2 Is the non -state organization required to provide matching resources not related to a Federal Program? 3. Is the non -state organization required to meet or comply with specified State Project requirements in order to receive State resources? (State Project requirements include laws, rules, or guidelines specific to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of specified assets, etc. Specified State Project requirements do not include procurement standards, general guidelines, or general laws/rules.) 4 is the non -state organization required to make State Project decisions, which the State agency would otherwise make? (e.g. determine eligibility, provide case management, etc.) 5 Is the non -state organization's performance measured against whether State Project objectives are met? (e g number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc. Performance measures may or may not be related to State performance-based budgeting.) If any of the above is yes, there is a recipienusubreclpient relationship and the non -state organization is subject to the FSAA. Otherwise the non -state organization is a vendor and Is not subject to the FSAA. PART C Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion .regarding the non -state organization' !deck one) RecipientlSubrecipient:.lt- Vendor Exempt Organization: Comments: Print Name: -lames nnstin - Telephone Number.922-1701 Tiitfe: y Accistance Consonant Signature: Date' February S 2007 Note it is the program personners responsibility to notify Finance and Accounting of which non -state organizations have been determined to be recipients and are receiving state financial assistance (Le. disbursements must be coded as 7500. object code in FLAIR). Note if is ppssrble to have a contractual agreement with a non -state organization under Chapter 287, Flonda Statutes, and stif consider thenon-state organization a recipient under tho Florida Single Audit Act. f a recipient/subrecipicnt relationship exists the standard contract audit language, including Exhibit 1, must be included in he document that established the State's, recipient's, or subrecipient's relationship with the non -state organization_ )uestions regarding the evaluation of a non -state organization or if it has been determined that the non -state organization s a recipient and a CSFA number has not been assigned, contact your FSAA State agency liaison or the Executive Office 4 the Governor. Office of Policy and Budget, Budget Management Policy Unit at (850) 487-3832 or Suncom 277-3832. iefercnce may be made to Rule 270-1, FAC. evised January 01, 2002 one Number: FSAA CL2 Agreement Number. 0706 -3V -11-23-01-Z 06 CFDA Number 14-228 Applicable Rule: 9BER06-1, Florida Administrative Code FEDERALLY -FUNDED 2005 DISASTER RECOVERY SUBGRANT AGREEMENT 11-115 AGREEMENT is entered into by and between the State of Florida, Department 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 B. 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 and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows (1) ICOPE 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 1 1. If any litigation, claim or audit is started before the expiration of the five-year periodand extends beyond the eve -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 live (5) years after final disposition. 3. Records rotating to real property acquisition shall be retained for live (5) years after dosing of tide. (c) The Recipient shall maintain all records for the Recipient and for alt subcontractors or consultants to be paid fmm 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 alt 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) AUDIT REQUIREIIgNLS (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 al reasonable times for inspection, review, or audit by stato personnel and other personnel duly authorized by the Department "Reasonable" shad be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.rn. to 5.00 p.m., local time, Monday through Friday. (c) The Recipient shad also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring thc funds awarded under this Agreement. 3 Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 jAn electronic copy shall also be submitted to aurilla pariish©dca.stato.fl.us] and Department of Community Mous 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(dX1) 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 101° Street Jeffersonvffle, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (1), OMB Circular A-133, as revised. (f) Pursuant to Section 320 (1), OMB Circtdar A-133. as revised, the Recipient shat submrl 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 Affars Office of the Inspector Genera) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (An electronic copy shall atso be submitted to auritla.narrish@dca.state.fl,us) and Department of Community Marrs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) 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 (c) The 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 dato 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) MONITORING 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 aro 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 ..rnay nclude,_but.00t be limited to, on-site.visits by Department staff, Iimited.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 agroes 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 this Agreement or any previous agreement with the Department and has not cured such in timely fashion. oris unable or unwilling to meet Ks 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) 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 Recipienrs 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 ternxnation Tho notice shall be effective when placed in the United States mail, fust lass 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 enforceperformance of (c) Withhold or suspend payment of al 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 it the situation is not corrected; 9 (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 Agreerment. (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 obltgabons 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 mad, 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 name and address of the Department contract manager for this Agreement Jim Austin Florida Disaster Recovery CDBG Programs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-1791 Fax: (850) 922-5609 Email. Jim.Austin@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is* Zafar Ahmed 140 West Flagler Street, Suite 1000 Miami, Florida 33130 Telephone: (305) 375-3408 Fax: (305) 372-6304 Emad. zafar.ahmed@miamidade.gov 11 Attachment D - Reporting Requirements Attachment F - Warranties and Representations Attachment H -- Certification Regarding Debarment, Suspension. Ineligibility And Vokintary Exclusion Attachment J - Special Conditions Attachment K - FloridaPAPERS ID and Password Request Login Form (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $16,119.191 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 FloridaPAPERS. The Recipient must complete a FloridaPAPERS ID and Password Request Login Form. Attachment K of this Agrccmenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behalf of the Recipient utilizing the intuitive web portal. (d) Pursuant 10 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 'ekperlde5%t othFnielse eligible acliVities finer 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 Chicl Financiat Officer Comptroller or the Office of Management and Btxlgeting, all obligations on the pad of the Department to make any further payment of 13 the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and 0* release of the Department from all its obligations to the Recipient. (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 shall be deemed null and void to the extent of such conflict, and shall be deerned severable, but shall not invalidate any other provision of this Agreement (c) Any power of approval or disapproval granted to the Department under the tem s of this Agreement shall survive tho 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) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101336, 42 U.S.C. Section 12101 et sect), 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 discnntinatory 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 hst or on the discriminatory vendor fist (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 (i) The Slate of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Slat or the Florida Constitution. ()) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preauttrt and postaudit thereof. (k) If otherwise allowed under this Agreement, all bibs 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 unliterally 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 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 obfgation to pay the contract amount. (n) The Slate 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 Suction 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. NI such meetings shall be publicly noticed, open to the public, and the minutes of alt such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. 17 the required certification shall be subject to a civil penalty of not fess than $10,000 and not mom than 3100,000 for each such failure. (22) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR 1N 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 tho 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 Ronda. 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 we hereby transferred by the Recipient to the Stale 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 alt rights and entitlements to any pre-existing intellectual property, which is so disclosed. Failure to disclose will indicate (hat no such property exists. The Deparbiient shall then, under Paragraph (b). have the right to all patents and copyrights, which accrue during performance of the Agreement. 19 EXIIIBTT 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 014.228 $16,119,191 Compliance requirements applicable to the federal resources awarded pursuant to this Agreement are as follows: Note: If the resources awardcd to the recipient represent more than one Federal Drogranklist applicable compliance requirements for each Federarogram in the same manneias shown below. Federal Program: The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and 11 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. _ 21 0 1 b 11. 0 m n 3 0.t 0 0 r n D r P S S -�— R I 1M d Sce co m c A N 4.4 z N tP M 714 0 73galT \ mn • H 70 Z co iS ca r bg t� w `tea m 1 _. Aiw N i ! 0 } • 5 i0 c 0 f io to 0 i W 0 0 0 0 0 m l w u }! 1 I l! f 1 • SOURCES AND AMOUNTS OF "OTHER FUNDS" (COLUMNS 9 AND 10 ABOVE) O s w y) Y ca 0 ,3 a 6 (1) c0i N i • i 0 0 i c s w c 0 0 • miD • W y 1 C 0 n w a 3 A O 3 w Z m.4 73 N 9,D • '> 0 T -I . y N Z ri w cy Q 0 it at S IS M DA ��/pp �Cil 0 3n3� O 01 1 ? • Z C ' m u p cora Ca o Z R� 0 y q n O m m /A RECIPIENT: Mleml-Dade Ccunty CONTRACT a 07DB-3V-11.23-01-Z 06 A 61 N CO'CSEZ'ZS I I I SOURCES AND AMOUNTS OF "OTHER FUNDS" (COLUMNS 9 AND 10 ABOVE) > C CO m w m CAI i a N D a 1 m < y 4 b m XI o NO 0 o Z 3D c m W C 0 0 0 Z2 C 9 S Z ca p y -13 c to0 C S m 3 w z • Ao71 M Eii, D b O X y 3 0 co t m -t <_ A Z m nA - Jc NY -. u (4).A 8 n_ m R 7, 0w O ao 3 O c c3 :-.; ZI e m g 23 'A O N C 8 73 i m 3 g a A o w e !EEO RECIPIENT: MIaml.Dade County CONTRACT # 0709.3V•11.23.01.Z 06 en § a GP ta� 1 |I !| i! B ra■ ! 7 73 at g>: I. ere 1 2 ) ; ©k � s ] 21 . § | i. 0 ( §§ �0° \-412■ §§�4§ CO 0) CFI ! | °0co co § K : \_\/ o § P �)2}U if § k ° E } c0co 0 k. ;aa 90 Z• I OCS $ VA£'8000 0100J.NO0 1 I i i '1 • SOURCES AND AMOUNTS OF "OTHER FUNDS" (COLUMNS 9 AND 10 ABOVE) -4 0 r w CO N 0 D c • ' I 8 w q 0 x c gco0 o» c a to cw T S C Orn m A 73 Z X Co CO y m' o_ E r` ra 3 mn m ,4 & m IA m T y • O < m °< 3g 1 V d m F 3 5. 6 C A m 73m CO C C m N Z p Y N C m d NA b O A O m m x RECIPIENT; Miami -Dade County 90 2•10-£Z•I1•A£10L0 # £0VILLNO0 Attachment U Activity Work Plan(s) 23 0 a§ 8 a k\§ a e m 2 m 0 $ w 7r. g: § J ---- — — — — — a ° \ �w 9 \ § k K d t0 �- c _2 2§■ o } --- -- — ° 6 § q 0Cr 7/- E E k e \ t v ¢ E§ 7 g E%» k 0- a{ 2 £ { { f 2 - 6 \ \� } a j \ o a■_ f 5 Z m $ o { § § J e k - #m cr I a - # } - oio )7 7 �k I a \ ci o % { \ j a0g _ n » 2]■ 9 ® 2 ■k/ o \ § a'8 \ -a 2 E « zF C) 0) / CO § -4 d § 0023 0 rn 2cn 6) o 71 8 mf3C �m� 0 Q �E/'/ ƒ tti00Z 6ny AGN) swewmop pig )o lenadde uc k - QQ-# 7a®7_Q2okk 72kk k &/ 2�kk 'k v• CO t2 0co CPI VD 62 co 476. 5•1 k 9 9 k 0 0 go §aIG © 2£;k2 . 3 A ti § 73$ k ( §\ )}{ j �-- Co 3g@ ®® Co CA) /m z %7a t§ § \k\\ — -- k1°ƒ�� 0 0up U3 -u �/ 7 7 7# k 2 k o $ ® E ` G ) E = A 5 3 ta "0 \ it Zig g 2 s* a k 43 i) % 3 0o k\ c a\ k Ai 0 S - an, ] A g k § / } } @w©Xl to $ \ - R } cr Ida 2 ) cr�� -I m \0g » » �\o &imo \j as } \§% r> # mem > 0 mm -0 Zr ej�o \ co 13 o/j m rn o —1 v.6) N s;uawnoop pig }o pm f§mc @§ on 0- z.g o §o§§na% K f _// ■ R§VI W=k k k k k/ k 2§ ~0 ■ § ■ g § a it 44 /ƒ\ ▪ a. _f 13 l % 0 0 0 0\ 0§ �� i° z 2 8 0 2 x§ ��e 0 n \ , _ . -4 JD <as _9 $ /- - - >gw o 7 2 0 0 2 0 0 8 2 > o 3 ° G a° • CO e �k _ k ~ r®- m 2 CT C. , g g g g¥ 2 0 I i i / 2 ■ @ a @ @ # # = s of 2 k a k 0 a s k j CT } 0 k ksZ k .0a - § § \ \tom c §j te KaA } ] § aa /2( * y o `/© / 3 0 3 0i—& CO%& 3Ca �% %jam �� ,as # mc.m Q& IT, m� zr og� 0 j \§j (0 m0 © § ® 0 0 2 § SsI _ 0 2�/m\ eisca (/ - -- — --- - ---� cn GE 6 %co3/44 d \ r• « 0 000» kk k 0 kk 00 k k ® 'ola an _�ka»a - ■g§; 40 _ _ \ 0 §�■ a -- -- % j k§ 3 Et -0 mom �d0 K ¥w55 9. •Q. k2$ 0aa >>m 0® . ;Q o { § \ \ 22- - oz - 2 -a °33 0 —03 q 2— 2 2 n n 0 0 CO \ 4,& f on ® 0- K «/` w o \ k_ k 7 « §_ ft TO ) / E « ° # Q. 66 2 Z \ ■ ) j �-. o. s }�/ Q o & 0 } a 0 \ \ 3 C ; / \ 0 ao k 0 il a 3 •3 / «n§ / 4 _- 2 ca, ,_ _ o }%k • ,4)::_ q 0 \ \$\ \ 0 \ 0 mff on q o G § Cr �� J a - / m 0-u0 zr 0 %J§ ° o. mc.m Q o nR� R. III 0 7;am / co \ 0 mo 13 _ 27 =\A 0 `7 § ; — — > 53 o _ m..< .0 0 in 0 \ « � a Eo§a- c t k00 g k 9 k 5." k 2 `» §0, ■-0 444 - M(©i2 im Ott ce :i. ;::::1 k 0 0 0 �' Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that 11 will comply with Ne following applicable federal and state requirements: Section I: State and Federal Statutes and Regulations 1 Community Development Disk Gant, Final Rule, 24 35. CF.R, Pad 570; 2 Florida Small and Minority Business Act. s. 288.702- 288.714. F.S.; 36. 3 Florida Coastal Zone Protection Act. s. 16152-181.58, 37. F.S.: 38. 4. local Government Comprehensive Manning and Land 39. Development Regulation Ad. Ch. 163, F.S. 5. UIe t or the Housing and Community Devebpnent Ad 40. of 1974. es amended 6. Treasury Circular 1075 regarding drawdown of CDBG 41. • funds 7. Sections 290.0401.290.049, F.S 8. Rule Chaptor 98-43, Fla. Admin Code.; 42. 9. Department of Community Affairs Technical Memorandums: 10. HUD Circular Memorandums applicable to the Snug 43 Cafes CDSG Program; 44. 11 Single Audit Act of 1984; 12. National Environmental Policy Act of 1969 and other 45. provisions or law which further the purpose of this Ad; 13 National Historic Preservation Act of 1966 (Public 46. Law89-665) . as amonded and Protection of I llstoric Properties (24 47. C.F.A. PM 800); 48. 14. Preservation ol Archaeological and Historical Data Act 49 of 1966. IS. Executive Order 11593 - Protection and Enhancement 50 of Cultural Environment: 16. Reservoir Salvage Act 17. Sate Drinking Water Act of 1974, as amended; 51- 18. 'Endangered Spedes Act of 1958, as amended, 19. Executive Order 12896 - Environmental Justice 52. 20. Exocuflvo 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,C., a. 1251 cisco); 54. 22. Executive Older 11990- Protection of Wetlands; 23. Coastal Zone Managemad Act el 1968, as amended; 24. Wild and Scenic Rivas Ad of 1968, as amended; . - - 65: - Clean Air Ada 1977; 56. 26. telt) F.nvlrorxnesdal Standards (24 C.F.R. Part 58); 57. 27. Farmland Protection Policy Ad of 1981; 28. Clean Water Ad of 1977; 58. 29. Davis - Bacon Act 59. 30. Contract Work Hours and Safety Standards Act of 1962.40 U.S.C. a. 327 et. seq.; 60. 31. The Wildlife Coordination Act of 1958, as amended. 32. The Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1975 (42 61. U.S.C., s. 6901 et. seq.)-, 33, Noise Abatement and Control: Departmental Policy 62 hhplo en(aticn. Resnais -abates. and Standards, 24 CF.R. Pad 51, Subpart 8: 34. Flood Disaster Protection Act al 1973, PI . 92-234; 25. 24 Protection of Historic end Cultural Properties under HUD Programs. 24 C.F.R. Part 59; Coastal Zone Management Ad d 1972, P.L 97 583; Architectural and Construction Standards; Architectural Barriers Ad «1968,42 U:B.C. 4151; Executive Order 11296, relating to evaluation of flood hazards; Executive Order 11288, relating to prevention, control and abatement Ovate( pollution; Cost -Effective Energy Conservation Standards. 24 C.F.R. Part 39; Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882; Coastal Samar Resource Act of 1962; Federal Fah Labor Standards Act 29 U.S.C. s. 201 et. seq.: life VI of the Cid frights Act of 1964 - Rom discrimination: Title Vito! the Cid Rights Ad a 1960 - Non- discrimination in housing; Age Disair inalion Ad of 1975; Executive Order 12892- Fair Housing Section 109 of the Housing and Connwnity Development Act of 1974. Non-discrimination; Section 504 oI the Rehabilitation Act of 1913 and 24 C.F.R. Part 8; Executive Order 11063 - Equal Opportunity In Housing; Executive Order 11246 - Norfdisainination; Section 3 of the Housing and tkbon Oavebpment Act of 1968, as amended • Employment/Training of lower Inoorne Residents and local Business Contracting: Uniform Rebellion Assistance and Real Property Acquisition Policies Ad of 1970, P.l., 1001'7; and 49 C.F.R. Pat 24; Copeland Ann-IGdttad(Att of HatehAct Title IV Lead -Based Pain! Poisoning Prevention Ad (42 U.S.C., s. 1251 et seq.); OMegraAars A-87, A-122. and A-133, as revised; Administrative Regarenonts la Grants. 24 C.FR Pa( 85; Section 102 of the Deparblent d Housing and Oman Devetapmer4 Reform Act of 1989 and 24 C.E.R. Pan 12; Emergency Rub 913ER06-1, COBG Disaster Recovery Funds; HUD program requirements for disaster recovery projects as published in Federal Regina. Vnl. 69. No. 237 (December 10, 2004) (Docket No. FR -4959 .- N-0II. 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 (if not in the contract) for engineering contracts over $60,000; l� 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 $25,000; 1. If a regional planning council o' local government is performing the services, submit only a copy of the contract and cost analysis information; and it. If professional services procurement will not be undertaken, so advise tho 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 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 tho 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, exduding 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 admk istrative costs per service area based on eachservice areas peroeintage of the grants total -project costs,- excluding admiNstradve costs. 4 For activities requiring acquisition of property, the Recipient shalt: 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 bo used for the cost of acquisition, the Recipient shalt document completion of the acquisition by submitting all documentation required fora 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 to require that deletion of an activity meeting the LMl national objective be replaced with another activity meeting the LMI national objective. 12. The Recipient shall update and submit Form HUO 2880 to the Department within thirty (30) days of the Recipient's 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 tho Secretary of t _e Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 14. Conflicts of interest relating to procurement shall bo 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(h). All procurement actions shall be conducted pursuant to 24 CS R. Section 85.36 and Rule OB -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 fine 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 tho Recipient fall to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not bo paid with Disaster funds 18 It, as a result of a site visit. the Department identifies any issues affecting the eligibility for funding any activity in the application. the local govemment 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 (fleeting 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 wit be treated as 'direct benefit' and tho project file shall document that the property owner qualifies as a low or moderate income (IMI) person. If 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 Tien against the real property for the cost of demolition. 0 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 Tien shall be maintained in the project files. When the Hen 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 shat(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 rho context of the 2004 hurricane season damage. 28 Attachment D Reporting Requirements The following reports must bo 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 Parag;0rfi (10) of this Agreement. 1. Tho 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. May 1, August 1, November 1 and February 1. 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 appicable 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 tho Department: April 15. July 15, October 15 and January 15. 5. Tho Administrative Closeout Package must bo submitted to the Department forty-five (45) days alter the Agreement termination date. G. 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 Business Hours Tho 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 m to 5.00 p m local time. Monday through Fnday Licensing and Permitting All subcontractors or employees hired by tho Recipient shall have alt current licenses and permits required for all of the particular work for which they are hired. 32 NO SPECIAL CONDITIONS Attachment J Special Conditions 34 la•,`1. a Attachment K Department of Community Affairs Florida Small Gifts Community Development Block Grant (CDBG) Program SIGNATURE AUTHORITY FORM Submit an odginal Signalise A Rrmwih ctmntxL Recipient Contract 0 Mian–Dade County. 07–DB-3V-11-23-01–Z06 Mang Address (Street or Post Office Box) • 140 Nest Flagler Street, Suite 1000 Gty, State and Zip Code —. Hiasi, Florida 33130 Contact Person Zafar Ahmed Telephone A (305) 375-3408 E-mail Address — — — zafar. abieedemiamidade gov Financial Contact Person Awilda Ashford Telephone f (305).i37543454s.v E -mall Address awbeaiaaidade.goo Requests for Funds (RFPs) from the Florida Small Cities CDOG Program require (cher* ane): [ ] one signature [ ] two signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS. CDBG . contracts require that at least one (1) RFFs must be submitted each quarter and should reflect al expenditures incurring during that reporting period. Typed Name Date Jose A. Hernandez 2/2/2007 [ ] Check here if the above person will be the E-mail Address desljrwted FlOridaPAP€RS user. 1osebemlaaidade.gov Typed Nar Awilda Ashford 21/2/2007 [ Z] Chedt here t the above person wi be the designated FloridaPAPERS user. Typed Name - _June gamsaton 1 aJ Chedc here if the above person will be the designated FloridaPAPERS user. E -mal Address awb(aliaaidade.:ov Date Signature 2/2/2007 E-mail Address .4yf9miamidad& gov I certify, as the redpient's Chief Betted Official, that the above signatures are of the individuals authorized to sign Requests for Funds and to submt RFPs electronically to the Small Cities Community Development Moet Grant Program using FfoiIdaPAPER3. Name Ott" .. A . ✓ A e. pate 5gnau ;Trod Carlos /aware* 2jy/ ��"'• [ J Uneck here if your local government utilizes Electronic Funds (((jTransfer (09) from the State of Florida. [ %] Oiedc here W your local govemment wilt be working on a reimbursement basis_ COBG payments to kxa/gorzvmnaibr using EFT are automatically deposited in the local gove m enes'genenl account If the account is Interest bearing, the CDBG funds must be transferred to a non -Interest bearing account Please call the C08G Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptrollers website: htSp;!!(dtif.state.fl.usf. Local governments not receiving EFT, ant not wx*kg ai a relmbasemenf basis, must establsh a non-interest bearing account Provide account information for the financial institution (Insured FDICLbbclow.- AN signatures on the account must be bonded. Name of Finandal Institution Account Number Street Address or Post Office Bea –1, State and Zip Code