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HomeMy WebLinkAboutCRA-R-21-0036 Fully Executed County Loan Agreement (OBSOLETE)LOAN AGREEMENT THIS LOAN AGREEMENT is entered into this - ' day of September, 2016, by St. John Community Development Corporation, Inc., a Florida non-profit corporation, whose address is 1324 NW 3rd Avenue, Miami, Florida 33136 ("Borrower") and MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 111 N. W. 1st Street, Miami, Florida 33128, Attention: County Mayor ("Lender"). 1. RECITALS. (a) Borrower is the fee simple owner of the real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Land") . (b) Pursuant to Florida law and the Code of Miami -Dade County, Lender is authorized to assist in the financing of construction and rehabilitation of housing for low and moderate income families by lending Miami -Dade County funds for that purpose. (c) Borrower has applied to the Lender for an allocation of funds from the HOME Program in the amount of $812,117.00 (the "Loan") to be used by Borrower to finance the rehabilitation (the "Complex") of 10 units by the Borrower upon the Land (the Complex and the Land are collectively referred to herein as the "Premises"). (d) Lender has agreed to loan these funds to Borrower to be used to finance a portion of the total project cost for the development of the Premises as housing for low and moderate income families. (e) Borrower and Lender have negotiated the terms and conditions of the allocation of the HOME Funds and have entered into the FY 2016 Home Investment Partnerships Program (HOME) Contract Between Miami -Dade County and St. John Community Development Corporation, Inc., executed as of even date herewith (the "Contract"), a copy of which is attached hereto as Exhibit "B", which evidences the allocation of the Loan. (f) The parties now wish to enter into this Agreement in order to set forth the terns and conditions of the disbursement of the allocation of the Loan. NOW, THEREFORE, in consideration of the premises, and of the mutual covenants and agreements set forth below, Borrower and Lender agree as follows: 2. DEFINITION. As used in the Agreement, the terms listed below shall have the following meanings unless otherwise required by the context: {a) Advance: A disbursement by Lender of a portion of the proceeds of the Loan to Borrower. (b) [Reserved] 1 (c) Architect's Agreement: Borrower's Agreement with Joseph B. Kaller Associates, PA (the "Architect") for design of the construction of the Complex, a true and correct copy of which has heretofore been delivered to Lender. (d) Assignment of Leases, Rents and Contract Rights: A Collateral Assignment of Leases, Rents and Contracts Rights of even date herewith from Borrower assigning to the Lender all of its rights, title and interest in and to all agreements for the leasing of the Complex or any part thereof, if any, and all rents, issues and profit derived or to be derived from the Complex. (e) Available Cash Flow: The revenue from the Complex for the previous month less all expenses of the Complex for the same period, including but not limited to all payments (principal and interest) on any superior debt. (f) Closing Costs: Those costs incurred by Borrower to consummate this Loan and the loan of the other Funding Sources, which shall include but not be limited to cost of acquiring the land, cost of recording all documents, all documentary stamp taxes and legal fees. (g) Code: The Internal Revenue Code of 1986, as amended. (h) Completion Date: June 30, 2017 or the date on which the Borrower receives true, correct and complete copies of all requisite final certificates or permits permitting occupancy of 100% of the units, whichever occurs first. (i) Construction Contract: Borrower's agreement with Azure Design and Construction Group, Inc. (the "Contractor") for construction of the Complex in substantial accordance with the plans and specifications, which Borrower shall deliver to the Lender and which shall be approved by the Lender prior to and as a condition precendent of Borrower being reimbursed for any hard costs (the "Plans"). (j) [Reserved] (k) Reserved. (1) Construction Period: The period beginning on the date of the execution of this Agreement (the "Closing Date") and ending on the Conversion Date. (m) Contract Records: Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical however collected or preserved which is or produced, developed, maintained, completed, received or compiled by or at the direction of the Borrower or any subcontractor in carrying out the duties and obligations required by teens of this Agreement or the Contracts, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. 2 (n) Depository Account: An escrow account to be opened by Miami -Dade County, in the name of Miami -Dade County and Borrower, to be maintained for the sole purpose of depositing loan proceeds to pay project costs as set forth in Exhibit "C" attached hereto. (o) Disbursing Agent: Miami -Dade County, or any successor agent designated by Lender to disburse the proceeds. (p) Funding Sources: All sources of financial assistance to the Project as represented to Lender by Borrower, more particularly set forth in the Project Budget which is attached hereto as Exhibit "C". (q) Note: Promissory note from Borrower to the order of Lender in the principal amount of S812,117.00 and of even date herewith. (r) Inspector: A licensed professional engineer or any successor inspecting engineer hired by Borrower and approved by Lender. (s) Legal Requirements: All laws, statutes, codes, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of, and agreements with, all governments, departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary, and any restrictions or agreements of record which now or at time hereafter may be applicable to the Complex or any part thereof, or any of the adjoining sidewalks, streets or ways or any use or condition of the Complex or any part thereof or any persons from time to time employed thereon or occupants thereof, or any business conducted therefrom, including but not limited to, zoning, building and land .use, noise abatements, occupational health and safety and of the governmental requirements relating to health, safety and environmental protection. (t) Loan Documents: The Contracts; Mortgage; Note; Assignment of Leases, Rents and Contract Rights; Assignment of Construction Documents; Rental Regulatory Agreement (if applicable); and this Agreement. (u) Intentionally deleted. (v) Mortgage: Mortgage and Security Agreement from Borrower to Lender, securing the Note, which is a valid lien on the Premises and all fixtures and personal property owned by Borrower to be used in connection with the Complex. (w) Permitted Encumbrances: Those matters set forth as Exceptions in the title commitment issued by the Title Company and any other matters approved by Lender. (x) Premises: The Land, the Complex and all improvements, fixtures and personal property, including but not limited to the Complex, now or hereafter located on the Land. 3 (y) Rehabilitation: Rehabilitation shall mean the work set forth on the Exhibit D: Description of the Work (Rehabilitation). (z) Reserved (aa) Rental Regulatory Agreement (if applicable): The agreement executed by Borrower and Lender which sets forth the rental restrictions, utility allowances and family income limits that will be required by Lender to be used by Borrower in connection with the operations of the Complex. (ab) Title Company: Chicago Title Insurance Company. (ac) jReservedi 3 THE LOAN. The Lender shall make a loan to Borrower in the amount of $812,117.00 upon the terms and conditions set forth herein, and Borrower shall take the Loan and expressly agree to comply with and perform all of the terms and conditions of this Agreement. Borrower is obligated, and expressly agrees, to use the proceeds of the Loan for Rehabilitation (as defined herein) of the Complex and other improvements on the Land, to pay soft costs incurred in connection with the development and construction of the Complex, or to pay or refinance loans used for the construction or development of the Complex. The Loan shall be evidenced by a Note, executed on even date herewith and shall be secured by the Mortgage and other Loan Documents as provided herein. The Loan may be prepaid at any time, in whole or in part, without penalty. The repayment terms, of each loan shall be more specifically set forth in the Note. 4. DISBURSEMENT AND USE OF FUNDS. Upon satisfaction of all conditions required and specified in Section 5 hereof, Lender shall disburse the Loan funds to Borrower in accordance with the following procedures set forth herein. Lender and Borrower agree that the Loan funds and other Funding Sources shall be disbursed to pay for Project Costs as set forth in Exhibit "C" to pay for the Rehabilitation to be performed as described in Exhibit D, Scope of Work (Rehabilitation), or to refinance Loans to pay Project Costs. Lender and Borrower have further agreed to the following procedures for disbursement of the Loan: (a) Borrower shall make no more than one (1) draw request in any calendar month. (b). Borrower shall submit a request for disbursements from federal funds (if any) prior to a request for disbursement of funds from other non-federal funding sources. 4 (c) The funds requested may be used to pay Project Costs for the Rehabilitation as described in Exhibit D, Scope of Work (Rehabilitation). Lender shall not be obligated to approve any "Request" (as defined below) unless and until the following conditions are satisfied: (a) All conditions specified in Section 5 of the Agreement shall have been satisfied. (b) There shall be no Event of Default under this Agreement, the Contracts, the Note, Mortgage, or any other Loan Documents. (c) The Lender shall have received: (i) A completed request for disbursement ("Request") in the- forms specified by Lender from time to time, prepared by Borrower and the Contractor and certified by the Inspector. Each Request shall be accompanied by: (1) Proofs as to paid and unpaid construction bills for materialmen and subcontractors, which show full payment of all such bills then due and payable except those covered under the current Request, if required by Lender; (2) If required by Lender for cause, copies of checks payable to suppliers and subcontractors with respect to the current Request. In the following Request, Borrower shall provide Lender with copies of cancelled checks received since the previous Request along with a reconciliation of any outstanding items, if required by Lender. (3) Lien waivers for all work and materials as required by the title insurance company for the issuance of its endorsements; (4) Inspection reports, architects' and/or engineers' certificates with respect to the Improvements, and such other proofs as the Lender may require to establish the construction progress and compliance with the Plans; (5) Affidavits of the Contractor and of any subcontractors or materialmen as to whom payments are due or will become due, covering all work done or to be done or services to be performed. 5 (6) The current status of accounts of contractors, subcontractors, materialmen, and laborers furnishing labor, materials or services in the improvement of the Premises. (ii) Advice from the Inspector that any construction of the Complex theretofore perfoiiiied is in compliance with the Plans. (iii) Advice from the Title Company that a search of public records discloses no !conditional sales contracts, chattel mortgages, leases of personalty, financing statements or title retention agreements filed or recorded against the Complex, other than the Permitted Encumbrances. (iv) An endorsement to the title insurance policy heretofore delivered, that since the last preceding disbursement, there has been no change in the state of title not theretofore approved by Lender, which endorsement shall increase the coverage of the policy by an amount equal to the advance then being made if the policy does not by its terms provide for such an increase. Each Request shall constitute a representation, with respect to the work and materials for which payment is requested that such work and materials have been physically incorporated into the construction free of liens and encumbrances, or have been delivered to the Premises free of liens and encumbrances and stored in a manner satisfactory to Lender; that work or materials have been performed or installed (except for those materials stored in a manner satisfactory to Lender) in a good and workmanlike manner; that the work and materials conform to the Plans and to all applicable statutes, laws or ordinances, administrative rules, regulations and requirements, that all improvements are wholly within the building restrictions of the Premises, and that construction has been performed by the Contractor in accordance with Occupational Safety and Human Administration ("OSHA") Lead in Construction Standard (29 C.F.R. 19926.62). Each Request shall be subject to the approval of Lender and such approvals shall be given if the foregoing conditions have been satisfied in all material aspects, but the approval of such Request by Lender shall not constitute an approval or acceptance of the work or materials, nor be binding upon Lender, except to the extent that the facts actually are as so represented when so approved, nor shall such approval give rise to any liability or responsibility relating to: (i) the quality of the work, the quantity of the work, the rate of progress in completion of the work, or the sufficiency of materials or labor being supplied in connection therewith; or (ii) any errors, omissions, inconsistencies or other defects of any nature in the Plans. Any inspection of the work that Lender may choose to make during the progress of the work, whether through any consulting engineer, agent, employee or officer, shall be solely for Lender's information and under no circumstances will any such inspection be deemed to have been made for the purpose of supervising or superintending the work, or for the information or protection of any right or interest of any person or entity other than Lender. No payment shall be due under any Request unless in the reasonable judgment of Lender, whose decision shall be final in such matters, all work usually done and all materials usually 6 furnished at the stage of construction when the payment is to be made have been done and furnished in accordance with this Agreement. 5. CONDITIONS TO LENDER'S OBLIGATION TO FUND. The conditions listed below are conditions precedent to Lender's obligation to fund any amount under the teims hereof and shall be complied with in form and substance satisfactory to the Lender prior to the first Advance of hard costs; and shall continue to be complied with prior to any disbursements by Lender or Disbursing Agent. Lender, at its sole discretion, may reimburse soft cost expenses prior to Borrower's fulfillment of the conditions and obligations of this Article. (a) Note: The Note shall be duly authorized, executed and delivered to the Lender prior to funding of the proceeds of the Loan. (b) Mortgage: The Mortgage shall be duly authorized, executed, acknowledged, delivered to the Lender, and recorded, and shall be a valid mortgage lien on the Premises and all fixtures and personal property owned by Borrower to be used in connection with the Complex. (c) Rental Regulatory Agreement (if applicable): The Rental Regulatory Agreement shall be duly authorized, executed and delivered to the Lender and recorded. (d) Assignment: The Collateral Assignment of Leases, Rents and Contract Rights and the Collateral Assignment of Construction Documents shall be duly authorized, executed, acknowledged, and delivered to the Lender and recorded. (e) Survey: An original current survey of the Land made by a registered surveyor satisfactory to the Lender and containing such certificates as Lender may require. Lender shall have received the Survey for Rehabilitation of the Complex, in form and content satisfactory to Lender. No disbursements of the Loan funds shall be made as reimbursement for hard costs unless and until the Survey has been received and approved by Lender. Lender shall reimburse Borrower the soft costs to cover the expense of the Survey. Other soft cost reimbursements, except as provided in this Article 5, are at the sole discretion of Lender, until Borrower meets all conditions and obligations of this Article. (f) Title Insurance: Borrower shall deliver to the Lender an original policy of title insurance issued by the Title Company in an amountequal to the principal amount of the Loan, which title insurance policy (i) shall insure the Lender against loss of damage on account of mechanics' liens upon the Premises, (ii) shall insure that the Mortgage is a valid lien on the Premises at the time of the first advance, (iii) shall insure that title to the Land is good and marketable and free and clear of all liens, encumbrances, easements, exceptions, reservations and restrictions except for those approved by the Lender and the Permitted Encumbrances. (g) Building Permits: Lender shall receive evidence that authorizations and permits required from the appropriate governmental authority for the construction of the Complex have been obtained. 7 (h) Mortgagor's Affidavit: An affidavit of Borrower shall be executed and delivered to the Lender certifying that no liens exist on the Premises, except for the First Mortgage Loan and taxes not yet due and payable and that no other parties are entitled to possession except as otherwise provided herein. (i) Utility Letters: Borrower shall deliver to Lender letters from local utility companies or municipal authorities stating that electric, gas, sewer and water facilities will be available to the Premises in sufficient capacity to service the Complex upon completion of the Complex. (j) Zoning: A copy of all applicable zoning ordinances including amendments thereto, variances or special permits covering the Premises, and a copy of the site plan for the Complex shall have been delivered to Lender. (k) Construction Contract: Lender shall have received a copy of the Construction Contract, certified by Borrower to be true and complete, and in all other respects fully satisfactory to Lender. Upon Lender's request (which request may be made following the closing of the Loan), the Construction Contract shall be assigned in satisfactory form to lender as collateral security for the obligations of Borrower under the Loan Documents. The Construction Contract shall require the Contractor to adhere to OSGA Lead in Construction Standard (29 C.F.R. 1926.62) when rehabilitating the premises. (1} Architect's Agreement and Plans: Borrower shall have delivered a copy of the Architect's Agreement and certified by Borrower to be true and complete, and in all other respects satisfactory to Lender. The Architect's Agreement and the rights to use the Plans shall, upon Lender's request (which request may be made following the closing of the Loan), be assigned in satisfactory form to Lender as collateral security for the obligations of Borrower under the Loan Documents. (m) Plans: Lender shall have received the Plans for construction of the Complex, in form and content satisfactory to Lender. No disbursements of the Loan funds shall be made as reimbursement for hard costs unless and until the Plans have been received and approved by Lender. Lender shall reimburse Borrower the soft costs to cover the expense of the Plans. Other soft cost reimbursements, except as provided in this Article 5, are at the sole discretion of Lender, until Borrower meets all conditions and obligations of this Article. (n) Soil Study: Borrower shall have completed and delivered to Lender a soil study made by a registered engineer or professional soil testing firm, acceptable to Lender, reflecting the condition of the soil and a certificate from the engineer or soil testing fine, as required by Lender, stating that the Complex can be satisfactorily constructed on the Land in accordance with the Plans without the necessity for any extraordinary land preparation, or if extraordinary land preparation may be necessary, the estimated cost thereof. (o) Appraisal: Upon completion of the Complex, Borrower shall provide Lender with an appraisal of the Premises, in form, scope, amount, and content satisfactory to Lender, and prepared by an appraiser satisfactory to Lender. 8 (p) Search for Security Interest in Personality: A UCC-11 Search Report to the effect that a search of the state records discloses no financing statements or security interests filed and/or recorded against the Borrower or the Premises except for any such financing statements or security interest filed and/or recorded to perfect the "permitted encumbrances" as defined in the Mortgage. (q) Corporate and Agency Documents: Borrower shall deliver to the Lender the following documents: (i) The Certificate of Good Standing of the Borrower and all amendments thereof, certified by the appropriate official of the State where filed; (ii) A good standing certificate of each of Borrower's General Partners or Managing Members from the Secretary of the State of Florida; (iii) Articles of incorporation and by-laws of each of Borrower's General Partners or Managing Members certified by the Secretary of each such corporation; (iv) Incumbency certificates specifying by name and title the officers and directors of each of Borrower's General Partners or Managing Members, certified by the Secretary of such corporation; and (v) Certified resolutions of the members of the corporation and the Board of Directors of each of Borrower's General Partners or Managing Members authorizing the execution and delivery of this Agreement, the Mortgage, Note, and all other documents necessary or desirable, for the consummation of the transactions contemplated by this Agreement. (r) Opinion of Borrower's Counsel: Prior to execution hereof, Borrower shall deliver to the Lender an opinion of counsel for Borrower and addressed to the Lender, such opinion to be reasonably satisfactory to the Lender, to the effect that: (i) This Agreement and all instruments and documents required to be delivered hereunder have been duly authorized, executed and delivered and are valid, binding and enforceable in accordance with their terms, subject to any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the right of creditors generally; (ii) That Borrower is a non-profit corporation in good standing under the laws of the State of Florida and has all the necessary power and authority to undertake its obligations hereunder; (iii) That there is no charter, partnership agreement or bylaw of Borrower and no provision of any existing mortgage, indenture, contract or agreement known to such counsel binding on Borrower or affecting its property which would conflict with or in any way prevent the execution, delivery and carrying out of the terms of this Agreement; 9 (iv) Except as otherwise disclosed in writing, that to counsel's knowledge there are no proceedings pending or threatened before any court or administrative agency which will materially adversely affect the financial condition or operation of Borrower or the Premises, including but not limited to bankruptcy, reorganization or insolvency proceeding or any other debtor -creditor proceedings under the Bankruptcy Code or any similar statute, nor to counsel's knowledge are there any financial circumstances within counsel's knowledge which could lead to such proceedings. (s) Insurance Policies: Borrower shall deliver to Lender copies of insurance policies (or binders) evidencing the required coverages as set forth in the Contract_ (t) Certificate Regarding Lobbying: Borrower shall have executed and delivered to Lender the certificate regarding lobbying, a copy of which is attached to each Contract. (u) Tax Credits: If Tax Credits are being used to finance the Premises, Borrower shall provide written confirmation from counsel or an accountant, acceptable to Lender, that upon the issuance of tax exempt bonds for the financing of construction of the Complex by the Borrower, the Complex will generate Low Income Housing Tax Credits ("Tax Credits") in an amount acceptable to Lender. (v) Contract: Notwithstanding any other provisions of this Agreement to the contrary, disbursement of the proceeds of the Loan shall be subject to the receipt of the fully executed Contract by and between Borrower and Lender and a duly executed Promissory Note in the amount of the Loan and in favor of the Lender. (w) Other Documents: Borrower shall deliver to the Lender such other documents and information as the Lender may reasonably require. (x) Payment and Performance Bonds: Lender shall have received a Payment and Performance Bonds for the total construction costs of the Project, in fours' and content satisfactory to Lender. No disbursements of the Loan funds shall be made as reimbursement for hard costs unless and until the Payment and Performance Bonds have been received and approved by Lender. Lender shall reimburse Borrower the soft costs to cover the expense of the Pa ment and Perfoiuiance Bonds. Other soft cost reimbursements, except as provided in this Article 5, are at the sole discretion of Lender, until Borrower meets all conditions and obligations of this Article. 6. EXPENSES. Borrower shall pay all fees and charges incurred in the procuring and making of the Loan, and all other expenses incurred by the Lender during the term of the Loan. 7. SPECIAL PROVISIONS APPLICABLE TO LOAN. Borrower expressly agrees to the following terms and conditions: 10 (a) Borrower shall set aside twenty percent (20%) of the residential units ("Units") in the Complex for persons or households with incomes whose annual incomes do not exceed 50% of Area Median Income, as determined by U.S. THUD ("AMI") (determined at the time of initial occupancy), which shall be adjusted for family size. Borrower shall set aside the remaning eighty (80%) of the Units in the Complex for persons or households with incomes whose annual incomes do not exceed 60% of AMI (determined at the time of initial occupancy), which shall be adjusted for family size. (b) Borrower shall not discriminate on the basis of race, creed, religion, color, sex, familial status, marital status, sexual orientation, pregnancy, age, ancestry, national origin, disability, gender identity or gender expression, status as victim of domestic violence, dating violence or stalking, or source of income in the lease, use or occupancy of any housing Complex hereunder. Age discrimination and discrimination against minor dependents, except when Units are specifically being held for the elderly, is also not permitted. (c) . Borrower shall ensure that all publicity and advertisements prepared and released by Borrower or on behalf of Borrower during construction of the Complex, recognize Lender as a participant in the funding for the Complex. (d) Borrower shall take affirmative steps to procure supplies, equipment, construction or services in connection with the improvements from minority- and women -owned businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be performed in connection with the Improvements. Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor and subcontractors, if subcontracts are to be let, to take the affirmative steps listed above in (i) through (v) of this section. (e) Borrower agrees to assign any proceeds to the County from any contract between the county, its agencies or instrumentalities and the Borrower or any firm, corporation, partnership or joint venture in which the Borrower has a controlling financial interest in order to secure repayment of the loan. "Controlling financial interest" shall mean ownership, directly or 11 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. 8. ADDITIONAL REPRESENTATIONS OF BORROWER. Borrower represents to Lender as follows: (a) Borrower is duly organized, active and in good standing as a non-profit corporation under the laws of the State of Florida; (b) Borrower has full power and authority to enter into the Loan Documents and to consummate the transactions contemplated therein. The Loan Documents have been approved by those persons having proper authority, and to the best of Borrower's knowledge, are in all respects legal, valid and binding according to their terms; (c) All budgets, schedules, information regarding funding sources, and all other documents furnished to lender in accordance with this Agreement, or the other Loan Documents are true and correct in all material respects and accurately set forth the facts contained therein and neither misstate any material fact nor, separately or in the aggregate, fail to state any material fact necessary to make the statements made therein riot misleading. (d) All required utility services are available (or will be available) at tap -in facilities at the boundary of the Project over dedicated and accepted public rights of way, and sufficient capacity has been unconditionally reserved and allocated to the Complex, including water supply, sewage facilities, storm and sanitary sewer facilities, electric supply, gas supply, if applicable, and telephone facilities, any required approvals of federal, state and local governmental authorities have been obtained for all necessary connections to water supply and sewage treatment facilities and the construction of water distribution and sewer collection facilities, subject only to payment of the fees reflected therefor in Exhibit "C" hereto. The storm and sanitary sewage disposal system, water system, and all mechanical systems of the Complex do (or when constructed will) comply with all applicable environmental, pollution control and ecological laws, ordinances, rules and regulations and all other Legal Requirements. The applicable environmental protection agency, pollution control board, and/or other governmental agencies having jurisdiction of the Premises have issued their permits for the construction, tap -on and operation of those systems;. (e) All streets, roads, highways and curb cut permits necessary for the full utilization of the Premises have been completed and dedicated to public use and accepted by appropriate governmental authorities. Unrestricted access to the Premises will be provided by a paved and publicly maintained public roadway; (f) The completion and use of the Complex in accordance with the Plans complies and will comply fully with all Legal Requirements, and with all private limitations on the use of the Complex, or any other condition, grant, easement, covenant, or restriction, whether recorded or not. All necessary approvals, permits and licenses of private parties and governmental authorities for the construction, operation, and use of the Premises have been or 12 will be timely and unconditionally obtained and are (or will be timely) in full force and effect, or if the present state of construction of the Complex does not allow such issuance or if the same have not been issued for any other reason disclosed to and approved by the Lender, then such approvals, permits and licenses will be timely issued when required if the Project is constructed pursuant to the Plans; (g) The Architect's Agreement, Construction Contract and all commitments from Funding Sources are unmodified and each is in full force and effect and all conditions to the effectiveness or continuing effectiveness thereof required to be satisfied by the date hereof have been satisfied. The Architect's Agreement and Construction Contract do or shall, in the aggregate, cover all services, labor, material and equipment required by the Plans or necessary to complete and operate the Complex; (h) When completed in accordance with the .Plans, the Complex will not encroach upon any building line, setback line, sideyard line or other recorded or visible easement or other easements of which the Borrower is aware which exists (or which Borrower has reason to believe may exist) with respect to the Complex; (i) The Plans are, in the aggregate, complete in all respects, containing all detail requisite for the Project which, when built and equipped in accordance therewith, shall be ready for the intended use and occupancy thereof; {j) No part of the Complex has been damaged or has been subjected to condemnation or other proceedings, and no such proceedings have been threatened; (k) There have been no material adverse changes in projected costs and expenses and income of or from the Complex or any other features of the transactions contemplated hereby as submitted to Lender; (1) Except as previously disclosed in writing to Lender, no chattel mortgage, bill of sale, security agreement, financing statement or other title retention agreement has been or will be executed with respect to any personal property, chattel or fixture used in connection with the construction, rehabilitation, operation or maintenance of the Complex or Improvements without the consent of Lender, which consent shall not be unreasonably withheld; (1n) The consummation of the transactions hereby contemplated and the performance of the obligations of Borrower under and by virtue of the Loan Documents will not result in any breach of, or constitute a default under any lease, bank loan, credit agreement, or other instrument to which Borrower is a party or which it may be bound or affected; (n) Except as disclosed in writing, there are no actions, suits or proceedings pending against Borrower or the Premises or to the knowledge of Borrower, circumstances which could lead to such action, suits or proceedings against or affecting Borrower or the Premises, or involving the validity or enforceability of any of the Loan Documents, before or by any governmental authority, except actions, suits and proceedings which have been specifically disclosed to and approved by Lender in writing; and to Borrower's knowledge it is not in default 13 with respect to any order, writ, injunction, decree or demand of any court or any governmental authority; (o) There is no default on the part of Borrower under this Agreement, the Note, the Mortgage, or the Contracts, and no event has occurred and is continuing which with notice, or the passage of time, or either, would constitute a default under any provision thereof; (p) To the best of its knowledge, Borrower is in compliance with all provisions of the Federal Water Pollution Control Act, Comprehensive Environmental Response, Compensation and Liability ("Superfzand") Act of 1980, the Solid Waste Disposal Act, Chapter 376 of the Florida Statutes, and other similar federal, state and local statutory schemes imposing liability on Borrower relating to the generation, storage, impoundment, disposal, discharge, treatment, release, seepage, emission, transportation or destruction of any sewage, garbage effluent, asbestos or asbestos -containing materials, polychlorinated biphenyls (PCBs), toxic, hazardous or radioactive materials, petroleum products, pesticides, smoke, dust, or any other form of pollution as such laws are in effect as of the date of this Agreement and with any orders or judgments of any courts or competent jurisdiction with respect thereto, and no assessment, notice of (primary or secondary) liability or notice of financial responsibility, or the amount thereof, or to impose civil penalties has been received by Borrower. Borrower has paid any environmental excise taxes, if any, imposed upon either of them with respect to the project pursuant to Sections 4611, 4661 or 4681 of the Internal Revenue Code of 1986, as amended from time to time; (q) Except as specifically set forth in the Mortgage or herein, the Premises or any part thereof shall not be sold, leased (except for leases in the ordinary course of business), conveyed, mortgaged or encumbered (except for Per.witted Encumbrances as set forth in the Mortgage) in any way without the prior written consent of the Lender; (r) Borrower will comply promptly with all federal, state, and local laws, ordinances and regulations relating to the construction, use and leasing of the Premises and will obtain and keep in good standing all necessary licenses, permits and approvals required or desirable for construction and rehabilitation of the Complex; (s) Borrower shall not consolidate with or merge into any other business entity, or permit another business entitiy to merge into it, or voluntarily fail to maintain its current limited partnership or corporate status as applicable; (t) Borrower will not knowingly engage in any activity or enter into any relationship which will give rise to any loan or brokerage commission with respect to the Loan, and Borrower will indemnify the Lender from the claims of brokers arising by reason of the execution hereto or the consummation of the transaction contemplated hereby. (u) Borrower will do all acts and execute all documents for the better and more effective carrying out of the intent and purpose of this Agreement, as the Lender shall reasonably require from time to time, including but not limited to causing the execution of certain documents by any contractor hired to construct the- Improvements and will do such other 14 acts necessary or desirable to preserve and protect the collateral at any time securing or intending to secure the Note, as the Lender may require. 9. DEFAULT. Upon the occurrence of any of the following events (the "Events of Default") all obligations on the part of Lender to make any Advance hereunder shall, if Lender elects, terminate, the Lender shall have the absolute right to refuse to disburse any additional loan funds, and the Lender may at its option exercise any of its remedies set forth herein, but the Lender may make any of the Advances or parts of Advances, or direct the Disbursing Agent to do so, after the happening of any Event of Default without thereby waiving the right to exercise such remedies and without becoming liable to make any further Advance: (a) Failure to Satisfy Conditions. If Borrower fails to, or is unable to, satisfy or keep satisfied any conditions hereunder and fails to diligently proceed to cure any such failure after notice thereof; (b) Non -Payment of Principal or Interest. If Borrower fails to make any required principal or interest payment under the Note within ten (10) days from the date such payment is due; (c) Bankruptcy. If there is filed by or against Borrower a petition in bankruptcy or a petition for the appointment of a receiver of trustee of the property of Borrower, and such petition is not dismissed within sixty (60) days of the date of filing, or if Borrower files a petition for reorganization under any of the provisions of the Bankruptcy Code or of any similar state or federal law, or if Borrower makes a general assignment for the benefit of creditors or makes any insolvency assignment or is adjudicated insolvent by any court of competent jurisdiction; (d) Breach of Covenants, Warranties and Representations. If any warranty or representation made by Borrower in this Agreement or pursuant to the terms hereof shall at any time be false or misleading in any material respect, or if Borrower shall fail to keep, observe or perform any of the teinis, covenants, representations, or warranties contained in this Agreement, the Note, the Mortgage, the Contracts or any other document given in connection with the Loan or the development of the Premises, provided that with respect to nonmonetary defaults, the Lenders shall give written notice to Borrower, who shall have thirty (30) days after notice thereof from Lender to cure such time may be reasonably extended by Lender. The Borrower may hake up to ninety (90) days after notice from Lender, if the cure has not occurred within such thirty (30) day period so long as the cure is commenced within such thirty (30) day period and diligently pursued; (e) Substantial Discontinuation of Construction. If there is a discontinuation of construction or development work for a period of thirty (30) consecutive days which discontinuation is without satisfactory cause; provided, however, that any discontinuation which is the result of force majeure or other events outside the control of Borrower shall not be deemed a default hereunder; 15 (f) Quality of Work. If the Complex is not constructed in a good and workmanlike manner in substantial accordance with the Plans, unless such deviation is approved by the Lender, the Limited Partner, the Architect, the Inspector, all other Funding Sources, and all governmental authorities having jurisdiction over the Complex; or Borrower's failure to promptly comply with any request by a governmental authority having jurisdiction over the Complex concerning any matter related to the construction of the Complex or the development work performed; (g) Commencement and Completion Dates. If all conditions precedent to the commencement of construction as may be required by this Agreement have not been met or the construction has not commenced by April 1, 2013, or if the construction of the Improvements is not complete on or prior to the Completion Date, except where the delays result from force majeure or other events outside the control of Borrower; (h) Material Adverse Change of Borrower. If any material adverse change shall occur in the financial condition of Borrower at any time during the term of the Loan from the financial condition revealed in statements, if any, already presented to and accepted by Lender; (i) Default Under Other Documents. If a default occurs under the Contracts, Note, Mortgage, Rental Regulatory Agreement, Assignment of Lease, Rents and Contract Rights, or Assignment of Construction Documents and the same is not cured after any applicable notice and cure period; (j) Default Under Other County Contracts. If Borrower, or any entity of which Borrower is a majority shareholder or partner, shall be in default of any contract with the County or shall be in arrears regarding any payments due to the County under any other contract or agreement, such default or arrearage shall constitute a default under this Agreement. 10 REMEDIES OF THE LENDER. Upon the happening of an Event of Default, the Lender may, at its option, upon written notice to Borrower: (a) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (b) Take immediate possession of the Complex and do all things necessary to fully complete the Complex, complete the construction and equipping of the Complex, and do anything in its sole judgment to fulfill the obligations of the Borrower hereunder. Without restricting the generality of the foregoing, and for purposes aforesaid, upon the occurrence of an Event of Default, Borrower hereby appoints and constitutes Lender its lawful attorney -in -fact with full power of substitution in the premises to complete construction and equipping of the Complex in the name of Borrower to use unadvanced funds necessary under the Mortgage or which may be reserved or escrowed or set aside for any purpose hereunder at any time, or to advance funds in excess of the face amount of the Note to complete the Complex; to make changes in the Plans which shall be necessary to complete the Complex in substantially the manner contemplated by the plans and to take any and all other necessary actions to complete the �6 Complex in a lien -free condition; to take action and require such performance as it deems necessary under the performance bond, if any, to be furnished hereunder and to make compromises with the surety or sureties thereunder, and in connection therewith, to execute instruments of release and satisfaction; it being understood and agreed that this power of attorney shall be a power coupled with an interest and cannot be revoked; (c) Accelerate the payment of the Note and the Loan and any other sums secured by the Mortgage, and commence appropriate legal and equitable action to foreclose the Mortgage and collect all such amounts due the Lender; (d) Appoint a Receiver, without regard to the solvency of the Borrower, for the purpose of preserving the security, preventing waste, and to protect all rights accruing to Lender by virtue of this Agreement and of the Mortgage, and expressly to make any and all further improvements, whether onsite or offsite, as the Lender may determine to be necessary to complete -the development or construction of the Complex. All reasonable expenses incurred in connection with the appointment of the Receiver, or in protecting, preserving or improving the security, shall be charged against Borrower and shall be enforced as a lien against the security; or (e) Exercise any other rights or remedies the Lender may have under the Mortgage or other Loan Documents referred to in this Agreement which may be available under applicable law. 11. NOTICE TO LIMITED PARTNER/MANAGING MEMBER AND RIGHT TO CURE. Lender shall give the Borrower's Limited Partner/Managing Member notice of any default by Borrower under the terms of the Loan or under any of the Loan Documents, and the Limited Partner/Managing Member shall be extended an opportunity to cure such default, which cure period shall be a period of fifteen (15) calendar days longer than the period to cure which is otherwise extended to Borrower. 12. SUBORDINATION. Lender's lien securing the Loan shall be a mortgage lien fully subordinated to the lien of any lender with a mortgage that has a lien priority superior to that of the Lender and any replacement thereof 13. GENERAL TERMS. The following shall be applicable throughout the period of this Agreement or thereafter as provided herein: (a) Rights of Third Parties. Except as provided herein, all conditions of the Lender hereunder are unposed solely and exclusively for the benefit of the Lender and its successors and assigns, and no other person shall have standing to require satisfaction of such conditions or be entitled to assume that the Lender will make advances in the absence of strict compliance with any or all conditions of Lender, and no other person shall under any circumstances, be deemed to be a beneficiary of this Agreement or the Loan Documents, any provisions of which may be freely waived in whole or in part by the Lender at any time if, in its sole discretion, it deems it desirable to do so. In particular, the Lender makes no -representations and assumes no duties or obligations as to third parties concerning the quality of the construction by Borrower of the Improvements or the absence therefrom of defects. The Limited 17 Partner/Managing Member of Borrower and the Trustee (if applicable) are intended Third Party Beneficiaries of this Agreement for the limited purpose outlined in this sub -section and shall have the right to seek to enforce the provisions of Section 11 hereof. (b) Borrower is not the Lender's Agent. Nothing in this Agreement, the Note, the Mortgage, the Contracts or any other Loan Document shall be construed to make the Borrower the Lender's agent for any purpose whatsoever, or the Borrower and the Lender partners, or joint or co -venturers, and the relationship of the parties shall, at all times, be that of debtor and creditor. (c) The Lender Not Liable for Damage or Loss. All inspections and other services rendered by or on behalf of the Lender shall be rendered solely for the protection and benefit of the Lender. Neither Borrower nor any other third persons shall be entitled to claim any loss or damage against the Lender or against its agents or employees for failure to properly discharge their duties. (d) The Lender Not Obligated to Insure Proper Disbursement of Funds to Third Parties. Nothing contained in this Agreement, or any Loan documents, shall impose upon the Lender any obligation (running to the Borrower) to oversee the proper use or application of any disbursements and advances of funds made pursuant to the Loan. (e) Indemnification. Borrower shall indemnify and hold harmless the Lender from any liability, claims or losses incurred by Lender in favor of third parties resulting from the disbursement of the Loan proceeds to Borrower or from the condition of the Premises, whether arising during or after the term of the Loan, whether as a result of a claim made under this Agreement, by the Lender under the Contract(s) or otherwise. The Borrower shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including 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 Contract by the Borrower or its employees, agents, servants, partners principals or subcontractors. Borrower shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Borrower expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Borrower shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. This provision shall survive the repayment of the Loan and shall continue in full force and effect so long as the possibility of such liability, claims, or losses exists. (f) Evidence of Satisfaction of Conditions. The Lender shall, at all times, be free independently, in its discretion, to establish in good faith and to its satisfaction, the existence or nonexistence of a fact or facts which are disclosed in documents or other evidence required by the terms of this Agreement. 18 (g) Headings. The headings of the sections, paragraphs and subdivisions of this Agreement are for the convenience of reference only, and shall not limit or otherwise affect any of the terms hereof. (h) Invalid Provisions to Affect No Others. If performance of any provision hereof or any transaction related hereto is limited by law, then the obligation to be performed shall be reduced accordingly; and if any clause or provision herein contained operates or would prospectively operate to invalidate this Agreement in part, then the invalid part of said clause or provision only shall be held for naught, as though not contained herein, and the remainder of this Agreement shall remain operative and in full force and effect. (i) Application of Interest to Reduce Principal Sums Due. In the event that any charge, interest or late charge is above the maximum rate provided by law, then any excess amount over the lawful rate shall be applied by the Lender to reduce the principal sum of the Loan or any other amounts due the Lender hereunder. (j) Governing Law. The laws of the State of Florida shall 'govern the interpretation and enforcement of this Agreement. (k) Number and Gender. Whenever the singular or plural number, masculine or feminine or neuter gender is used herein, it shall equally include the others and shall apply jointly and severally. (1) Prior Agreement. To the extent necessary, this Agreement shall be deemed to be an amendment to any prior loan agreement between Borrower and the Lender, and in the event of a conflict between the terms of this Agreement and of any such prior agreement, the teints of this Agreement shall govern. (m) Waiver. If the Lender shall waive any provisions of the Loan Documents, or shall fail to enforce any of the conditions or provisions of this Agreement, such waiver shall not be deemed to be a continuing waiver and shall never be construed as such; and the Lender shall thereafter have the right to insist upon the enforcement of such conditions or provisions. Furtheuluore, no provision of this Agreement shall be amended, waived, modified, discharged or terminated, except by instrument in writing sinned by the parties hereto. (n) Notices. All notices from the Borrower to the Lender and the Lender to the Borrower required or permitted by any provision of this agreement shall be in writing and sent by registered or certified mail and addressed as follows: TO BORROWER: St. John Community Development Corporation, Inc. 1324 NW 3rd Avenue Miami, Florida 33136 Attn: Ola Aluko COPY TO: Legal Services of Greater Miami, Inc_ 3000 Biscayne Boulevard, Ste 500 19 Miami, Florida 33137 Attn: Slia/irzad Emami,. Esquire TO LENDER: Miami -Dade County . 111 N. W. 1st Street, 29th Floor Miami, Florida 33128 Attn: County Mayor COPY TO: Miami -Dade County Public Housing and Community Development 701 N.W. 1st Court, 16th Floor Miami, Florida 33136 Attn: Director COPY TO: Assistant County Attorney County Attorney's Office 111 N. W. lst Street, Suite 2810 Miami, Florida 33128 Attn: Brenda Kuhns Neuman, Esq. Such addresses may be changed by written notice to the other party. (o) Successors and Assigns. This Agreement shall inure to the benefit of and be binding on the parties hereto and their heirs, legal representatives, successors and assigns; but nothing herein shall authorize the assignment hereof by the Borrower. (p) Counterparts. This Agreement may be executed in one or more counterparts all of which shall constitute collectively but one and the same instrument. (q) Expenses. Borrower shall pay all reasonable costs and expenses required to satisfy the conditions of this Agreement or incidental to the Loan, including (i) all taxes and recording expenses, including documentary stamp taxes, if any, and (ii) title insurance premiums and costs, appraisals fees and survey costs. (r) Changes to Limited Partnership/Limited Liability Company. The Limited Partner/Investor Member of Borrower shall be permitted to remove a general partner/managing member thereof for cause with the consent of the Lender. If the Limited Partner/Investor Member of Borrower exercises its right to remove a general partner/managing member thereof, the Lender shall not unreasonably withhold its consent to the substitute general partner/managing member (the "Substitute") so long as such Substitute is not on the Lender's list of debarred contractors, which is the list compiled, maintained and distributed by the Lender's Department of Business Development, containing the names of contractors debarred under the procedures of Section 10-38 of the Miami -Dade County Code. Lender hereby consents to Borrower's special limited partner/investor member or an affiliate of Limited Partner/Managing Member as a Substitute General Partner, as long as such entity is not on the Lender's list of debarred 20 contractors. The Limited Partner/Investor Member, within a commercially reasonable time period, shall provide to the Lender notice of such Substitute General Partner/Managing Member and certification that said substitute is not on the Lender's debarment list. Notwithstanding the above, the Substitute shall assume all of the rights and obligations of the original general partner under all of the Loan Documents, including, without limitation, any guaranties executed by the general partner/managing member for the benefit of Lender. (s) Review of this Agreement. Each party hereto represents and warrants that they have consulted with their own attorney concerning the terms contained in this Agreement. No inference, assumption, or presumption shall be drawn from the fact that one party or its attorney prepared this Agreement. (t) Waiver of Jury Trial. BORROWER WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION, WHETHER ARISING IN CONTRACT OR TORT, BY STATUTE OR OTHERWISE, IN ANY WAY RELATED TO THIS LOAN. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LENDER'S EXTENDING CREDIT TO BORROWER AND NO WAIVER OF LIMITATION OF THE LENDER'S RIGHTS UNDER THIS PARAGRAPH SHALL BE EFFECTIVE UNLESS IN WRITING AND MANUALLY SIGNED ON THE LENDER'S BEHALF. SIGNATURE PAGES TO FOLLOW 21 IN WITNESS WHEREOF, Borrower and Lender have caused this Agreement to be executed on the date first above written. By: ST. JOHN COMMUNITY DEVELOPMENT CORPO'' ..TION, INC. . Florida non -prof ration By: a-1-'5 Dr. Nelson Adams, Chairperson STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this is" day of k 4016_ by Dr. Nelson Adams as Chairperson of St. John Community Development Corporation, Inc. a Florida non-profit corporation. Personally Known roduced Identification ❑ Type of Identification: Did ❑ Did Not Take an Oath NOTARY STAMP NOTARY PUBLIC, STATE OF FLORIDA AT LARGE CHIARA BRANDSTAETTER ''r .+: MY COMMISSION # FF199308 EXPIRES February 12, 2019 1 i407f 388-0153 Flaidallotarasylee.corti 22 STATE OF FLORIDA COUNTY OF DADE LENDER: MIAMI-DADE COUNTY By: Name: Russell hford fiitle: Deputy Mayor 9} ) ss: -0 * at,6@� The foregoing instrument was acknowledged before me this /( day of by Russell Benford, as Deputy Mayor of Miami -Dade County, Florida. Personally Known Produced identification ❑ Type of Identification: ❑ DidDid Not Take an Oath NOTARY STAMP 23 OTA Y PUBLIC gTATE OF FLORIDA AT LARGE INGR1D BETHUNE 7 MY COMMISSION # FF 073177 = EXPIRES`. Februav 21, 2018 Bonder' Thru Nolar'' Public U .deuvrit rs EXHIBIT "A" Legal Description Of The Property Lot 2 and 3, Block 44, of WADDELL'S RESUBDIVISION, according to the Plat thereof as recorded in Plat Book 1 at page 169 of the Public Records of Miami -Dade County, Florida. EXHIBIT "B" CONTRACT Resolution Number##.R-165-13 and R-686-14 Duns Number 825023653 Awarded Amount $812,117 HOME 2016 FY 2016 HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) Mon -Profit CONTRACT BETWEEN Developer MIAMI-DADE COUNTY AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as "County" and St Jahn Community Development Corporation, Inc:, hereinafter referred to as "Awardee" or "Developer" and having offices at 1324 NW 3rd Avenue, Miami, FL 33136, and telephone number of (305) 372-0682, states conditions and covenants for the rendering of Affordable Housing activities hereinafter referred to as "Activity or Activities" for the County through its Public Housing and Community Development hereinafter referred to as "PHCD," and having its principal offices at 701 N,W. 1 Court, 14th Floor, Miami, Florida 33136, collectively referred to as the "Parties." WHEREAS,- the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents -throughout the County; and WHEREAS, the HOME Investment Partnerships (HOME) Program was authorized under Title II of the National Affordable Housing Act of 1990, as amended, with the primary objective of promoting the development of viable urban communities; and - WHEREAS, the Awardee provides it will develop Activities of value to the County and has demonstrated an ability to provide these Activities; and WHEREAS, the County is desirous of obtaining such Activities of the Awardee, and the Awardee is desirous of providing such Activities; and WHEREAS, the County has appropriated $812,117 of HOME funds (the "Loan" or the "HOME funds") to the Activity St. John Village Apartments II. Except for Tenant Based Rental Assistance (113RA) awards and HOME CHDO operating awards, the HOME funds disbursed to Awardee for performance of the Activities will execute for the benefit of the County a promissory note in the full amount of the HOME fund award as well as a Loan Agreement and shall be secured by a Mortgage and Security Agreement and Assignment of Leases, Rents and Profits; Collateral Assignment of Leases, Rents and Contract Rights; Environmental Compliance and Indemnity Agreement; Miami - Dade County Rental Regulatory Agreement; Collateral Assignment of Construction Documents; other documents which in the discretion of the County are desired or needed in order to secure its loan; and in the case of a rental project, a deed covenant as required by 24 CFR Part 92; and WHEREAS, the Awardee shall carry out the Activities, which are defined in more detail in Attachment A, 'Scope of Services,' in Miami -Dade County. This contract effective start date is April 1, 2013 and shall expire an June 30, 2417. NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. Definitions PHCD HOME Regulations Public Housing and Community Development or its successor department. 24 CFR Part 92, the federal regulations implementing Title II of the National Affordable Housing Act of 1990, as amended — HOME investment Partnerships Program, and the laws, rules and regulations referenced therein. HOME -Assisted Units Units which are built with the assistance of the HOME funds which are the subject of this Agreement. Page 1 of 45 Activities or Project Affordable Housing Affordable Housing Units or HOME -Assisted Units Affordability Period Community Development Corporation Community Housing Development Organization (CHDO) Community Housing Development-Organization- 5% CHDO Operating Community Housing Development Organization - 15% CHDO Set Aside Fixed and Floating HOME Units Homebuyer The provision by Awardee of services, set forth more fully herein and in the Scope of Services, which ultimately create or maintain Affordable Housing for low-income individuals and families whose incomes do not exceed 80% of Area Median income CAM"), as defined by the United States Department of Housing and Urban Development ("U_S, HUD"). The requirements for rental or homeownership housing set forth in 24 C.F.R. 92.252 (rental housing) or 24 C.F.R. 92.254 (homeownership). Affordable Housing is not student housing, hospice, nursing homes, foster homes, halfway houses, residential treatment facilities or other facilities not considered to be Affordable Housing by HUD. The units of Affordable Housing assisted with the HOME funds loaned to Awardee and described in this Agreement. The period of time that HOME assisted units must remain affordable as specified by 24 CFR 92.252, 24 CFR 92.254, or by Miami -Dade County as applicable. 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. A local nonprofit agency that is organized to provide decent affordable housing to very -low- and -low-income persons in accordance with 24 CFR 92.2. A Community Housing Development Organization may not. receive HOME funding for any fiscal year in the amount that provides rn.ore than 50% or $50,000 whichever is greater, of the CHDO's total operating expenses in that fiscal year in accordance with 24 CFR 92. 300(f). The eligible uses are as follows; Organizational Support, Housing Education, Administrative Expenses and Operating expenses. Funding for this operating assitance is contingent on the CHDO receiving CHDO set aside funds. A Community Housing Development Organization is eligible to receive CHDO Set Aside funds for Affordable Housing activities in accordance with 24 CFR 92.2. The set aside funds must be related to the creation of Affordable Housing units. in accordance with 24 CFR (F) Sec. 92.252, an Awardee may choose to use either a "fixed" or "floating" HOME.assisted designation for rental units. This designation must be made at the time of project commitment. "Fixed" units remain the same throughout the period of affordability. The "Floating" unit designation provides the Awardee the flexibility to maintain a certain number of HOME -assisted units throughout the Minimum Affordability Period, although the specific unit(s) so designated may vary with availability. Any low- or moderate -income individual who will be purchasing HOME assisted units covered by this agreement. The homebuyer will have ownership in fee simple title or a 99 year leasehold interest in a one to four -unit dwelling or a condominium unit or equivalent form of ownership approved by U.S. HUD. Page 2of45 Local Low- and Moderate -Income Individual or Family Very Low -Income Individual or Family • Contract Records or Agreernent Records Federa[ Award Having headquarters in Miami -Dade County or having a place of business located in ]Miami -Dade County from which the Contract or Subcontractwill be performed. A person or family whose annual income does not exceed 80% of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 92. Students independent of their families are not Low - and Moderate -Income individuals. A person or family whose annual income does not exceed 50% of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 92. Students independent of their families are not Very Low.. and Moderate -Income individuals. Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limitedto financial -books and records, ledgers, drawings, maps, pamphlets, designs, electronic .tapes, computer drives and diskettes or surveys. Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of HOME funds from Miami -Dade County. Developer Policies.and Procedures Manual' Project Property Awardee acting as the production agent for the delivery of the Affordable Housing units identified in Attachment "A' of this agreement' PHCD's Policies. and Procedures Manual flkla Contract Compliance Manual may be viewed and downloaded at http:I/www.rniamidade.gov/housing/community-deveIopmentasp The Affordable Housing Activities assisted with HOME funds pursuant this Agreement, as set forth in more detail in the Scope of Services, Attachment A. The real property as descibed by legal description in any loan documents executed between Awardee and the County and any real property of Awardee or Related or Affiliated Entities (as defined herein) acquired or improved upon with funds awarded pursuant to this Agreement or onwhich funds awarded pursuant to this Agreement are anticipated to be used. Program Income income derived from the use of HOME funds, whether by operation of the Project or otherwise, as described in 24 C.F.R. 92,2. Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for Subconsultant the purpose of performing work or functions cited on the Action Step Format (Attachment "Al) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee, Subrecipient Subrecipient is a public or private nonprofit agency, authority or organization, or an entity described in 24 CFR 92.2, receiving HOME funds from the County to undertake activities eligible for such assistance under Subpart C of the regulations. Awardee is not a subrecipient, as that term is defiend in the HOME Regulations. Page 3 of 45 Tenant TBRA Underwriting IL The Awardee Agrees: A person or household with household income of not more than 80% AMI and who has a lease to occupy- the HOME -assisted unit for a period of not less than one year. Tenant Based Rental Assistance The process of determining the financial feasibility and the terms of a project. Underwriting shall, at a minimum, include financial feasibility review, subsidy layering review, credit review, long-term viability, reasonableness of amount of return to owner, market conditions of the, neighborhood in which the projct will be located, experience of developer, financial capacity of developer, firm financial commitments for the project, reserves for maintenance and replacement, and an analysis of costs and vacancy rates of similar projects in the area, A. The Ai+vardee shall carry out the Activities specified in Attachment A, "Scope of Services," which is incorporated herein and attached hereto, in Miami -Dade County, for the provision of Affordable Housing to Low Income Individuals or Families. B. Insurance Requirements Upon PHCD's notification, the Awardee shall furnish to the Department's Corntnunity and Housing- Management Division (CHMD), 701 N.W. 1 Court, 14h floor, Miami, Florida. 33136, relevant certificate(s) of Insurance evidencing insurance coverage as detailed herein and in the Scope of Services (Attachment B-1(J). The effective coverage start date of applicable insurances shall not be later than the date of the Agreement execution and shall be approved by Miami -Dade County's Internal Services Department (ISD) prior to any reimbursement or draw requests being processed. All certificates and insurance updates must identify the name(s) of the Awardee and the Activity being funded through this Agreement. The Awardee shall provide Builder's Risk Insurance and/or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. Any changes to the required insurance policies, including coverage renewals, must be submitted to PHOD through a formal notice immediately upon occurrence throughout the -Agreement period, if the Awardee fails to submit the required insurance documents -in the manner prescribed in these requirements, the Awardee shall be in default of the terms and conditions of the Agreement. C. Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the Agreement period, including any and all option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee must have the coverage cited in Attachment B-1(J) of this Agreement at the time that it begins construction on the project. If the insurance certificates are scheduled to expire during the Agreement period, the Awardee shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period, the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to execution of the Agreement by the County and commencement of the contracted services, the Awardee shall obtain all insurance required under this Section and submit same to the County for approval. All insurance shall be maintained throughout the term of the Agreement. D. Indemnification The County shall not assume any liability for the acts, omissions to act or negligence of the Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this Agreement. The Awardee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or Page 4 of 45 instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the -performance of this Agreement by the Awardee or its employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Awardee expressly understandsand agrees that any insurance protection required by this Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign immunity by the County nor shall anything herein be construed as consent by the County to be sued by third parties in any matter arising out of this Agreement. The provisions of this section survive the termination or expiration of this Agreement. E, Documents and Reporting Requirements The Awardee shall submit documents to PHCD as described below or any other document in whatever form, manner, or frequency as prescribed by PHCD. These will be used for monitoring progress, performance, and compliance with this Agreement and for compliance with applicable County and Federal requirements. 1. Certificates of Insurance Original certificates of insurance, as set forth in the Insurance Requirements attachment, Attachment B-1(J), must be received by PHCD within the first month of this Agreement period, and submitted with each payment request, including any renewals, prior to payments made by the County. The effective date of the coverage must coincide with the beginning date of this agreement. 2. Progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, "Progress Report,' as it may be revised by PHCD from time to time, which shall describe the progress -made by the Awardee in achieving each of the objectives and action steps identified in Attachment A and Attachment A-1. The Awardee shall ensure that PHCD receives each report in triplicate (or as indicated) no later than 10 days after the end of the quarter. The final Progress Report submitted by Awardee to the County shall include a summary of all the services performed during the period of the Contract and shall be submitted with documentation sufficient to show that Affordable Housing units were created in conformance with the HOME Regulations. b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms and conditions of this Agreement, Miami -Dade County Resolution No. 1534-93 will apply to this Agreement. This resolution requires the selected Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order, The Awardee shall submit to PHCD a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: Page 5 of 45 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 theft activities including the number of housing units completed and occupied by low -moderate and low income residents. The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section II - Fiscal Information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section ttl - Contract and Subcontract Activity Report: Contract and Subcontract Activity Report (First and Third Quarter Progress Report) - The Awardee shall report to PHCD 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 PHCD no later than 10 days after the end of the first and third quarter . Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First. and Third Quarter Progress Report) - The Awardee shall report to PHCD the number of target and service area residents who have received employment opportunities from federally financed and assisted projects arrd 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 PHCD no later than 10 days after the end of the first and third quarter. 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 E.4. of this Agreement. Copies of the above described Progress Report shall be received by PHCD no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section 11, Paragraph E.2.a and Paragraph E.3. 3. Annual Report (Fourth Quarter Progress Report) -The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" Page 6 of 45 specified in Section 11, Paragraph F.2.a. above, which shall describe the progress made by the Awardee in -achieving the HOME Program Objectives identified in Attachment A during the previous year. The "Annual Report" must cover the HOME fiscal year of January 1 through December 31 and shall be received by PHCD no later than 10 days after the year ends. 4. Environmental Review - The Awardee immediately upon locating or determining a she for each of the' Unspecified Site" activities to be carried out pursuant to this Agreement, shall submit information detailing the location of each site for which a Site Environmental Conditions Statement will be prepared. The Environmental Review is to be prepared on information contained in Attachment D, "information for Environmental Review Form.' Notwithstanding_ any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned en the County's determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. 5. Audit Report - The Awardee shall submit to PHCD en annual audit report in triplicate as required by Section 11, Paragraph L of this Agreement, as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non-compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A-133. 6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures, etc. Such information shall be submitted to PHCD within 30 days of the execution of this Agreement. 7. inventory Report - The Awardee shall report annually all nonexpendable personal and real property purchased -with HOME funds from this and previous agreements with the County as specified in Section 11, Paragraph Y of this Agreement. 8. .Affirmative Action Plan - The Awardee shall report to PHCD information relative to the equality of employment opportunities whenever so requested by PHCD. 9. Disclosure of Related or Affiliated Parties At the time of contract execution, or at any other time at the request of the County, Awardee sha€t disclose to the County ail Related or Affiliated Parties, Related or Affiliated Parties shall mean persons, corporations, partnerships, or other business entities (a) which have a direct or indirect ownership interest in Awardee, (b) which have a parent or principal thereof which has a direct or indirect ownership interest in Awardee, (c) whose members appointed by Awardee, or (d) which the County deems in its sole disretion to be a Related or Affiliated Party of Awardee. The Awardee shall report this information to the County upon forming the relationship or, if already formed, shalt report it immediately. Any supplemental information shall be reported quarterly in the required Progress Report. This provision shall be construed broadly to the benefit of the County. Non-compliance with these requirements will be considered a default, which may result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through PHCD for a period of three years. 10. Reporting on Financial Status, Bankruptcy, Real Property, or Personal Property Awardee shall notify the County in writing within ten (1) days of the occurrence of any of the following as to Awardee or any Related or Affiliated Parties: a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default, late payment regarding any property of Awardee or Related or Affiliated Parties, including properties not related to this Agreement. Awardee shall also provide the County with Page 7 of 45 11. a copy of all court filings, notices of default, arrearage or late payment, or any other documents relevant to the disclosures required herein. b. Any legal encumbrance on the Property not permitted in writing by the County. c. Any default or arrearage on any loan, Note or other debt or obligation for which the Property is security. d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. e. Any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and conditions of this Agreement, Failure to comply with these reporting requirements shall constitute a default and shall entitle the County to seek any and all remedies available at law, equity and pursuant to this -Agreement. Pursuant to the Miami -Dade Board of County Commissioners' Resolution No. R-34-15, the Awardeer, its agents and/or representatives, shall provide written notice to the County related to the availability of rental opportunities, including, but not limited to, the number of available units, bedroom size, and rental prices .of such rental units at the start of any leasing activity, and after issuance of certificate of occupancy. The Awardee, its agents and/or -representatives shall also provide the County with the contact information for the Awardee, its, agents and/or representatives. F. Participation in the HOME Program The Awardee agrees to comply with ail requirements of the HOME Program as stated in 24 CFR Part 92 and any regulations, rules, laws or HUD guidance referenced therein (the "HOME Regulations"), as the HOME Regulations may be amended from time to time, including but not limited to the following: No HOME project funds will be advanced, and no costs can be incurred, until PHCD has conducted an environmental review of the proposed project site as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify or cancel the project. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by PHCD of a release of funds from the U.S. Department of Housing and Urban Development [or the State of Florida] under 24 CFR Part 58. Further, the Awardee will not undertake or commit any funds to physical or choice -limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance. The violation of this provision will result in the denial of any funds under the Agreement. 2. The HOME funds advanced to the Project will be secured by a note and mortgage and other security instruments at the discretion of the County on all development projects, and in the case of a rental project, a deed covenant or rental regulatory agreement as required by 24 CFR Part 92. 3. The Awardee will ensure that any expenditure of HOME funds will be in compliance with the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided as reimbursement for eligible'costs incurred, including actual expenditures or invoices for work. 4. For homeownership Activities, Awardee shall sell Affordable Housing units only to HOME - eligible buyers pursuant to the HOME Regulations. Awardee shall impose resale restrictions upon the buyers of the Affordable Housing units in the Project, which resale restrictions shall: Page 13 of 45 (a) restrict the ability and manner in which the Affordable Housing units may be conveyed or sold within the Affordability Period; and (b) require that the Affordable Housing units be conveyed during the Affordability Period only to HOME -eligible individuals or families; and (c) require that the HOME -eligible buyer use. the Affordable Housing unit as his/her principal residence; and (d) include a restrictive covenant in the form set forth by PHCD which shall be recorded in the public records of Miami -Dade County immediately upon the sale of the Affordable Housing units, Awardee must obtain the restrictive covenant from PHCD prior to the sale of any of the Affordable Housing units in the Project. The restrictive covenant shall require that the Affordable Housing unit: (1) continue to be the principal residence of the HOME -eligible individual ar family for the duration of the Affordability Period, (ii)bemade available for subsequent conveyance only to a HOME -eligible individual or family who shall use the property as his/her/their principal residence. The resale requirements shall ensure that the price at resale provides the original HOME -assisted owner the value of the homeowner's investment and any capital improvements made by the homeowner while preventing the owner from selling the Affordable Housing unit for a profit, The AWARDEE must ensure that the resale restrictions are adequately described in all written agreements with the Affordable Housing unit buyers. 5. If the Project is to be an eligible, homeowner -occupied Project, the AWARDEE will ensure that all HOME assisted units will be in compliance with 24 CFR 92.254, including documenting that the property is eligible under 24 CFR 92.254 and will maintain compliance during the Minimum Affordability Period. (if the property also contains a rental unit assisted with HOME funds, the AWARDEE will ensure that occupancy complies with the requirements of 24 CFR 92.254. If the project is to be rental, the AWARDEE will ensure that the project is eligible under 24 CFR 92.214, and that it will meet the applicable standards of 24 CFR 92 at initial occupancy and for the Minimum Affordability Period, as defined below: HOME Investment per Unit Length of the Affordability Period 5 years Less than $15,000 $15,000 - $40,000 10 years More than $40,000 15 years New construction of rental housing 20 years Refinancing of rental housing 15 years Homeless Capital Projects 30 years 6, The designated HOME -Assisted Units of this Project will meet the affordability requirements found in 24 CFR 92,252 (rental) or 92.254 (owner -occupied) as applicable. The Awardee shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low- and moderate -income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with HOME requirements as stated in the HUD Technical Guide for Determining Income and Allowances Under the HOME Program. 7. In the selection of occupants for the Affordable Housing units in the Project, the Awardee shall comply with all non-discrimination requirements of 24 CFR 92.350. if the project consists of five (5) or more units, the Awardee will implement affirmative marketing procedures as required by 24 CFR 92.351, Such procedures are subject to approval of PHCD. 8. If the Project was occupied at the time the County committed HOME funds to the Project, the Awardee shall comply with the relocation requirements of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA") (42 U.S.C. 4201- 4655), 49 G.F.R. part 24 and 24 C.F.R. 92.353. 9. The Awardee shall assure compliance with 24 CFR 92.251 as it relates to Property Standards and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251 (a) (3) as applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35. Page 9 of 45 10. If the Project is to be owner -occupied, the Awardee shall assure that any promissory notes and mortgages recorded for homebuyers shall be in compliance with 24 CFR 92.254 and that the Awardee will work with the County to assure eligible homeowners are approved. The County will ensure appropriate Restrictive Covenants are recorded and shall monitor each unit for principal residency. (under 92.254(a)(3)) and resale (under 24 CFR 92.254 (a)(4) — (5)). 11. The Awardee will provide any documentation required by PHCD regarding matching funds as may be required to document matching funds for purposes of the HOME program. 12. If the Project involves the construction or rehabilitation of 12 or more HOME -Assisted Units, the Awardee shall comply with the provisions of the Davis -Bacon Act (40 U.S.C. 276 a to a-7) as supplemented by Department of Labor regulations 29 CFR Part 1, Part 3, and Part 5, as amended. 13. If the property is sold through a lease -purchase agreement, the Awardee wit[ ensure compliance with 92,254(a)(7), as modified by the 1999 Appropriations Act, Section 599B, The Awardee will be monitored by PHCD for compliance with the regulations of 24 CFR 92 for the affordability period specified above. The Awardee will provide reports and access to project files as requested by PHCD during the Project and Five (5) years after completion and closeout of the Agreement. 14. For Housing, Rehabilitation, and Construction activities all condifions in this section will apply throughout the HOME affordability period. Throughout that period, the Awardee will be required to submit an annual report regarding its compliance with the HOME Program Objectives, and PHCD will have the right to monitor the activity. 15. Awardee shall prohibit any owner or operator of the HOME -assisted project from charging fees to tenants that are not reasonable and customary, such as monthly fees for access to• pay laundry facilities, as set forth in 24 C,F.R. 92.214_ Reasonable application fees, parking fees where such fees are customary, or the costs of non -mandatory services such as bus service are permissible. 16, For rehabilitation projects, Awardee shall ensure that the Project design satisfies PHCD's Rehabilitation Standards. Awardee further agrees that PHCD shall be permitted to inspect the Project for compliance with said Rehabilitation Standards and reimbursement using the Loan shall be denied if work fails to comply with those standards or other applicable building codes. Said Rehabilitation Standards include minimum useful Iife for major systems. 17. For rental rehabilitation or construction projects, all HOME -assisted units must be occuppied with an initial Tenant no later than six months from the date the unit is completed and a certificate of occupancy issued. if the unit is not occupied within that time, as required by 24 C.F.R. 92.252, Awardee must show the County and HUD its current marketing efforts and its plan for marketing the units. If the unit is not occupied with an initial tenant within eighteen (18) months, Awardee shall repay the County the amount of Home funds used to assist that unit. 18. Lease Requirements for all HOME -assisted units and Tenant -Based Rental Assistance: All tenants shall have a written lease for a term of not less than one year. Tenant's occupancy may not be terminated due to tenant income. Awardee cannot limit eligibility or give preferences unless by written agreement of the County. Separate or different housing for persons with disabilities is not permitted unless Awardee meets the evidentiary burden of showing necessity as set forth in 24 C.F.R. 8.4. 19. For homeownership projects, the HOME -assisted units must be acquired by an eligible homebuyer whose household qualifies as a low-income family, and the housing must be Page 10of45 the principal residence of the family throughout the period described in paragraph (F)(5) of this section. If there is no ratified sales contract with an eligible homebuyer for the housing within 9 months of the date of completion of construction or rehabilitation, the housing must be rented to an eligible tenant in accordance with §92.252. In determining the income eligibility of the family, the participating jurisdiction must include the income of all persons living in the housing. The homebuyer must receive housing counseling." 20. Except for Tenant Based Rental Assistance (TBRA) awards and HOME CHDO operating awards, Awardee shall execute for the benefit of the County a promissory note in the full amount of the HOME funding award as well as a Loan Agreement . Further the Loan and shall be secured by a Mortgage and Security Agreement and Assignment of Leases, Rents and Profits; Collateral Assignment of Leases, Rents and Contract Rights; Environmental Compliance and Indemnity Agreement; Miami -Dade County Rental Regulatory Agreement; Collateral Assignment of Construction Documents; other documents which in the discretion of the County are desired or needed in order to memorialize or secure the Loan (the "Loan Documents"). In the case of a rental project, a deed covenant as required by 24 CFR Part 92 shall also be required and shall be considered to be a part of the Loan Documents. Awardee agrees to execute the Loan Documents, as required by the County in its discretion as set forth herein, within a reasonable time after the execution of this Agreement. No funds shall be disbursed to Awardee pursuant to this Agreement until ail Loan Documents have been executed and recorded (where applicable). Failure to comply with the requirements of this section may result in the recapture of the HOME award for the project and termination of this Agreement. 21. Underwriting and Subsidy Layering Review Required. Before determining the loan terms and executing Loan Documents, PHCD will conduct, either in-house or via a third -party underwriter (to be chosen at the discretion of the County), a subsidy layering review and an underwriting analysis in accordance with 24CFR 92.250(b), the cost of which will be born by Awardee. Underwriting is performed to protect the County's scarce affordable housing funds and is performed to ensure that the Project has sufficient financing to be completed timely. The subsidy layering review shall -determine the resources and feasibility of the Project, indicate whether there is enough subsidy to pass along a benefit to the ultimate resident in the Project, and to avoid -the County investing more HOME funds in the project than necessary, considering other financing available to the Project. 22. Agreement to Agree. The HOME funds available under this Agreement shall constitute a loan with payments, interest, and maturity to be determined by the County following a subsidy layering review and a third -party underwriting of the Project. The Parties agree that this Agreement is contingent upon the Parties agreeing to the ultimate terms of the loan as negotiated by the Parties and the execution of the Loan Documents, !n the event that the Parties cannot come to agreement on the terms of the Loan, the Loan Documents to be executed, the priority of the County's loan, and the security to be provided to the County, the County shall have the right to terminate this Agreement, and the HOME funds shall be recaptured by the County. 23. The Parties may later negotiate and agree to, at their discretion, a loan structure whereby Awardee's loan is fogiven in an amount equal to the amount of the second mortgage the County gives to the buyer of a unit in the Project assisted with these HOME funds. This loan structure must be neogtiated by the Parties prior to execution of the Loan Documents. 24. Maximum per -unit subsidy amount.' The total amount of HOME funds that may be used on a per -unit basis in Affordable Housing may not exceed the per -unit dollar limitations established under Section 221(d)(3)(€i) of the National Housing Act (12 U.S.C. 17151(d)(3)(ii)). Awardee shall seek guidance in writing from PHCD in order to ascertain these limits. PHCD shall, upon request of Awardee, inquire of the Multifamily Division in the HUD Field Office. 25. Bonding Requirements. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, Awardee shall' ensure that the following inimum requirements are in place: Page 11of45 a. A bid guarantee from each bidder equivalent to five percent of the bid price, The "bid -guarantee" shall consist of a frrm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the contractor for 100 percent .of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract." 26. Awardee shall comply with the HOME Regulations, including but not limited to Subpart H, 27. Awardee shall comply with the HOME Regulations, including but not limited to 24 CFR Part 92 Subpart H and 24 CFR 92,504 govering agreements, inspections and responsiblities. 28. AU HOME -assisted rental housing must have leases for tenants, and said leases shall provide the HOME tenant protections described in 24 CFR 92.253. Rents shall be in accordance with 24 CFR 92.252. 29. HOME funds may only be used for permanent or transitional housing, as defined by HUD. 30. income determinations and performance of the Activity or Project must be conducted in accordance with the HOME regulations. See 24 CFR Part 92 (92.209 for Tenant -Based Rent Assistance) 31. The County may charge a reasonable fee for compliance monitoring to ensure Awardee complies with the terms of this Agreement and the HOME Regulations. G_ Lobbying Prohibition 1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement, 2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement, grant, loan, or cooperative Agreement, on a Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Awardee shall ensure that the language in this Section ll, Paragraph G_1. and G.2 be included in the award documents for ali subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. Page 12 of 45 H. Federal, State, and County Laws and Regulations and Licensing Requirements 1 The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services or Activities 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 Disabifities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other focal, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with OMB A-122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures specified in PHCD's Policies and Procedures Manual found at http:f/www.miamidade.gov/housingicommunity-development.asp which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised, 2. The Awardee agrees to abide by Chapter 11-A, Code of Miami -Dade County ("County Code"), as amended, applicable to non-discrimination in employment, housing and public accommodation on the basis of , the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identify, gender expression, sexual •orientation, actual or perceived status as a victim of domestic violence, dating violence or stalking, or source of income. 3. Awardee shall comply with, and cause all subcontracts to require compliance with, Florida Statutes, the Miami -Dade County Code of Ordinances, and all applicable building codes, including the Miami -Dade County Building Code and any applicable municipal building code. Failure of Awardee or any subcontractor of Awardee to so comply with these requirements, which includes but is not limited to engaging in construction or repairs without proper building permits or unlicensed professionals engaging in work which requires a license, shall cause this Agreement -to be .voidable by the County at the County's absolute and sole discretion. In the event the County voids this Agreement for failure to comply with the requirements of this section, Awardee shall forfeit any right to payment pursuant to this •Agreement, regardless of when Awardee's orthe subcontractor's noncompliance becomes known to the County. 4. Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap and requires a minimum number of units to be accessible to persons with disabilities; Title V1 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 Vlfl of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A-60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Bade 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 focal law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Awardee. 5. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C, 1358); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. Page 13 of 45 6. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by PHCD within the term of this Agreement or the Affordability Period. 7. Americans with Disabilities Act (ADA) of 1990.- The Awardee shall attest to; and submit the required Disability Non-discrimination Affidavit assuring compliance with ail 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. 8. Affirmative Action/Non-Discrimination of Employment, Promotion, and Procurement Practices (Ordinance #98-30) - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Acton Plan and Procurement Policy on file with the County's Regulatory and Economic Resources Department. 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 fhe 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 Regulatory and Economic Resources Department. Firms claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bidlproposal. Any bidder/respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the Miami -Dade County Mayor for award by the Board of County Commissioners: 9. Domestic Violence. Leave Affidavit: Prior to entering into any contract with the County, a firm desiring to do business -with -the -County shalt, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A 60-o€the M€emi- 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 currant 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, es well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and/or the firm being debarred. 10. Code of Business Ethics: In accordance with Section 2-8.1(1) of the Code of Miami -Dade County each person or entitiy that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ("Code") and shall submit an affidavit stating that the Awardee has adopted a Code that complies with the requirements of Section 2-8.1(i) of the Miami -Dade County Code (Form A-12). Section 2-11.1(d) of Miami -Dade County Code as amended by Ordinance 00-1, also requires any county employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County from competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County and that any such contract, agreement or business engagement entered in violation of this Page 14 of 45 subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at (305) 579-9093. 11. Public Entity Crimes Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the -convicted vendor list following a conviction for a public entity crime may noi submit a -proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this Agreement shall be Terminated on' the discretion of Miami - Dade County. Further, should the Awardee be placed on the list at any time during this Agreement Miami -Dade County shall have the right to terminate this agreement 12. 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 shalt disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with Awardee, Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: a. Miami -Dade -County Uniform Affidavit Form (includes standard County affidavits, such as Miami -Dade Employment Family Leave Affidavit, Miami -Dade Employment Drug -Free Workplace Affidavit, Miami -Dade Employment Disclosure Affidavit, Disability Nondiscrimination Affidavit) b. Criminal Record Affidavit c. Public Entity Crime Affidavit d. Financial and Conflicts of Interest Affidavit e. Collusion Affidavit f. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes g. Related -Party Disclosure Information h. Affirmative Action Affidavits i. Current on all County Contracts, Loans, and Other Obligations Affidavit j. Domestic Violence Leave Affidavit k. Code of Business Ethics Affidavit I. Financial and Conflicts of Interest Affidavit m. Collusion Affidavit ]f 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: • 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 Page 15 of 45 Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Rehabilitation Act of 1973, 29 U.S.C. Section 794; • The Federal Transit Act, as amended 49 U.S.C. Section 1612; • The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631 In addition to the requirements in the Agreement, the AwardeelDepartment agrees to comply with all the provisions of 24 CFR Part 92, including but not limited to subpart Hand the following: • Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. • Section 109 of the Housing and Community Development Act. • Labor standards. • Environmental standards. • National Flood Insurance Program. • Uniformed Relocation Act. • Employment and contracting opportunities. •- Lead -based paint regulations. • Eligibility -of contractors or sub recipients. • Uniform administrative requirements and cost principles. • Conflict of interest. • Executive Order 12372. • Eligibility of certain resident aliens. • Architectural Barriers Act and the Americans with Disabilities Act. Reserved J. Tenant -Based Rental Assistance (TBRA) For Awardees receiving funding under the_ Tenant -Based Rental Assistance Program (TBRA), the following shall apply, 1. Eligible Participants: The participants for TBRA must be law -income. Therefore, their annual gross income cannot exceed 80% of the Area Median Income {AMO. At least 90 percent of the Awardee's participants assisted by the TBRA program must be at 60 percent of area median income. Participants shall be limited to categories of special need so long as said category of participants is identified in the County's applicable consolidated plan as having unmet need and the preference is needed to narrow the gap in benefts and services received by such persons. Awardee shall work with PHCD to determine what preferences shall be made. 2. Tenant Selection: The selected applicant must have written policies on how it selects participants. These policies must be available for inspection by HUD, the County or the public. The policies should describe the application process. It should spell out when applications are accepted and where they will be accepted, It should also speak to how the program will be marketed and the method of the application process (in person, by phone, or other). Occupancy standards should be included in the policy along with a plan for landlord and participant outreach the policy should speak to fair housing requirements as well as Americans with Disabilities Act and Section 504 compliance. The policy should also speak to participant compliance issues and the consequences of non-compliance, such as eviction or termination of assistance, along with any grievance requirements. 3. Eligible Uses of Assistance: The HOME TBRA assistance may be used to provide ongoing rental assistance, utility deposits, and security deposits. These are the only allowable expenses for the funds associated with this subject award. Rents must be reasonable as set forth by HUD and should be documented as such. Deposits for utilities Page 1 s of 45 are limited to water, sewer, trash, electric and gas and are for first-time utilities and riot for subsequent moves. The deposits should be reasonable and based on market practices. Security deposits must be the equivalent of one month rent or less. Both utility and security deposits will only be paid once. Security deposits may be paid as a stand alone, however, utility deposits may be paid in conjunction with the security deposits. 4. Subsidy Limitations: (a) The amount of the monthly assistance that Awardee may pay to, or on behalf of, a participant family may not exceed the difference between a rent standard for the unit size established by the participating jurisdiction and 30 percent of the famify's monthly adjusted income, (b) Awardee shall consult with PHCD to establish the a minimum tenant contribution to rent. (c) PHCD's rent standard for a unit size shall be based on: (i) Local market conditions; or For each unit size, may not be less than 80 percent of the published Section 8 Existing Housing fair market rent (in effect when the payment standard amount is adopted) nor more than the fair market rent or HUD - approved community -wide exception rent (in effect when the participating jurisdiction adopts its rent standard amount). (Community - wide exception rents are maximum gross rents approved by HUD for the Rental Certificate Program under 24 CFR 882.108(a)(3) for a designated municipality, county, or similar locality, which apply to the whole PHA jurisdiction.) PHCD may approve, at its sole and absolute discretion, on a unit -by -unit basis a subsidy based on a rent standard that exceeds the applicable fair market rent by up to. 10 percent for 20 percent of units assisted. 5, Eligible Units: Public or privately owned units can be used in the program, The units must meet Housing Quality Standards (HQS) prior to the commencement of any assistance, The rents must be reasonable. The units cannot have duplicative subsidy attached, such as a project -based Section 8 unit or a public housing unit. B. Program Administration: The Awardee is responsible for collecting, reviewing and approving the dwelling lease, assuring its compliance with state law and program regulations. The lease should be for 12 months unless the two parties agree for a lesser term. An agreement must be executed with the owner agreeing to lease the property under HOME TBRA and abide by the program rules. The owner contract should run concurrent with the dwelling lease. Ongoing activities Include lease renewals, review of rent increases, recertification of income, re -inspection of the dwelling unit, and assurance of compliance with all program regulations. The selected applicant should also maintain a waiting list for program participants. This fist should be available for inspection. 7. Program Design and Regulatory Citations: The HOME TBRA is designed to mimic the Section 8 Housing Choice Voucher Program (S8 HCV). General program information can be found at 24 CFR Part 5, such as income and other eligibility issues. Program specific information can be, found at 24 CFR Part 92, that speak to HQS and rent reasonableness. The HOME TBRA regulations can be found at 24 CFR Part 92. The program can also be a stand alone deposit assistance program, providing security and utility deposits to eligible families that are relocating. Page 17 of 45 8. Program Budget: The HOME TBRA budget should be based on actual costs within program guidelines. The housing costs are based on the payment standard using 100 percent of the current FMR. The applicant must allow for deposit expenses as well when preparing the budget. The family composition will determine the bedroom size and affect the budget. Administrative expenses shall be limited to 10 percent. Staff timecards or records are required for review for staff expenses and should be specific to HOME allowable expenses. H. Property and Occupancy Standards: The Section 8 Housing Quality Standards (HQS) must be used for HOME TBRA activities. The Awardee shall conduct Inspections of each unit to verify compliance with HQS and occupancy standards at initial move -in and annually during the term of the TBRA assistance. Lease Requirements: The term of the lease between the tenant and the owner must be for at least for one year, unless both agree otherwise. The lease may not contain the following provisions: a, Agreement by the tenant to be sued or to admit guilt or a judgment in favor of the owner in a lawsuit brought in connection with the lease; b. Agreement by the tenant that the owner may take, hold, or sell the personal property of household members without notice to the tenant and a court decision on the rights of the parties (this does not apply to personal property left by the tenant after move - out); c. Agreement by the tenant not to hold the owner or its agents legally responsible for any action or failure to act, whether intentional or negligent; d. Agreement by the tenant that the owner may institute a lawsuit without notice to the tenant; e. Agreement that the owner may evict the tenant without a civil court proceeding where the tenant has the right to present a defense, or before a court decision an the rights of the tenant and the owner; f. Agreement by the tenant to waive a trial by jury; g. Agreement by the tenant to waive the tenant's right to appeal or otherwise challenge a court decision; or h. Agreement by the tenant to pay attorney fees or other legal costs, even if the tenant wins in court. 2. Minimum and Maximum Payment: The HOME program rules establish a maximum TBRA assistance payment and require the Awardee to establish a minimum tenant payment. Minimum tenant payment: The Awardee may use its discretion in setting this minimum payment level. The minimurn payment may be established at a dollar figure or as a percentage of income. Maximum TBRA payment: The maximum amount that the HOME TBRA program may pay to assist any given household is the difference between 30 percent of the household's adjusted monthly income and a jurisdiction -wide rent limit not to exceed the Fair Market Rents (FMRs) established annually by U.S. HUD for Miami -Dade County. 3. Tenant Selection Requirements: An Awardee administering a HOME -funded TBRA program must have a written tenant selection policy that clearly specifies how families will be selected for participation in the Awardee's TBRA program, There are two major components of tenant selection, as follows: a. income Eligibility: Households who receive HOME -funded TBRA must have an annual income that does not exceed 80% of the area median income. Page 18 of 45 a. Preferences: Awardees may use HOME -funded TBRA programs to support a variety of local goals and initiatives, including the following preferences: Targeted Programs: Awardees are permitted to design local selection criteria that meet the housing needs of specific populations, including the following examples of targeted TBRA programs: Preferences for persons with disabilities: Awardees may establish a preference for individuals with mental or physical disabilities. Awardees may also provide a preference for a specific category of individuals with disabilities if the specific category is identified in Miami -Dade County's Consolidated Plan as having unmet needs, and if the preference is needed to narrow the gap in benefits and services received by such persons. Preferences may not be administered in a manner that limits the opportunities of persons in a protected class. For example, a person given a preference under the TBRA program may not be prohibited from applying for or participating in other available programs or forms of assistance. Preferences for persons with other special needs: TBRA may be provided to persons with. a particular type of special needs, if the specific category of need is identified in the Miami - Dade County Consolidated Plan as having unmet need and the preferences are necessary to bridge the gap in benefits and services received by such persons. As with a general TBRA program, appropriate non -mandatory social services may be provided in conjunction with the TBRA. 4. ineligible TBRA Program Activities: There are a number of program activities that are ineligible for HOME TBRA assistance, including: a. TBRA may not be used to assist a resident owner of a cooperative or mutual housing unit when that resident is reconized by state law as a homeowner. However, under the provisions of some cooperative or mutual housing agreements, the units are considered rental housing under state law. The residents of this rental housing may receive TBRA. Under any circumstance, a tenant who rents from an owner of a cooperative or mutual housing unit may receive HOME TBRA. HOME TBRA may not be used to prevent the displacement of tenants frorn projects assisted with Rental Rehabilitation Program funds. b. Awardees may not provide HOME TBRA to homeless persons for overnight or temporary shelter. c. HOME TBRA may not duplicate existing rental assistance programs that already reduce the tenant's 'rent payment to 30 percent of income. For example, if the household is already receiving assistance under the Section 8 Program, the household may not also receive assistance under a HOME TBRA program. K. HOME CHDO For Awardees receiving funding under the HOME CHDO Program, It is understood that the Awardee has certified that it is and will maintain CHDO (Community Housing Development Organization) status for the term of the Project/Agreement in accordance with 24 CFR 92. Awardee agrees to provide information as requested by PHCD to document its continued compliance, including but not limited to an annual board raster and certification of continued compliance. All CHDOs must be certified by PHCD on an annual basis. Any funds advanced as CHDO pre -development funds must be in compliance with 24 CFR 92.301, 'and are forgivable only under the terms in 24 CFR 92.301. Any funds that the CHDO is permitted to retain as CHDO proceeds from this Project shall be used in compliance with 24 CFR 92.300(a)(2) Page 19 of 45 or. as specified in this Agreement. If the project is a rental, the Awardee will create and follow a tenant participation plan as required in 24 CFR 92.303. Ineligible Uses of the 15% HOME CHDO Set Aside include: a) Tenant Based Rental Program, b) Homeowner Rehab, anti, c) Down Payment and ciosing cost assistance not associated with unit construction or rehabilitation, L. Conflicts with Applicable Laws if any provision of this Agreement conflicts with any applicable law or regulation including but not limited to, 24 CFR 92, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. M. Board of Directors if the Awardee is a Community Development Corporation (CDC), PHCD shall have the option to appoint a representative to the Awardee's board of directors. This representative shall not be considered in the counting of a quorum and shall have no voting privileges, N. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. Awardee is responsible for compliance with 24 CFR Part 85. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Flours 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 PHCD for written approval all proposed Solicitation Notices, Invitations- for Bids, and Requests for Proposals prior to publication. 5. Submit to PHCD all construction plans and specifications and receive PHCD's approval prior to implementation. 6. Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a pre -construction conference. In aewrdance with industry standards, PHCD will hold ten percent (10%) of the total grant award as a retainer until the construction work is determined by PHCD, in its sole discretion, to be seventy-five percent (75%) completed. At the time that the construction work is determined by PHCD to be seventy-five percent complete, the retainer will be reduced to 5% until the work is completed, Completion shalt: occur when a Certificate of Occupancy is issued. 7. The County shall have the right to assign the Professional Staff and provide Technical Assistance from the Public Housing and Community Development to assist the project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement may result in a reduction of a maximum of 5% of the Agreement's award to cover the cost of the technical assistance, The Awardee shall cooperate and comply with all requests made by such staff. 8. Execute and record, at the County's request, any of the following documents in order to ensure the Property is used as defined and described in Attachment A of this Agreement and that the County's loan is adequately secured, in the sole and absolute discretion of the County: a. Promissory Note b. Mortgage and Assignment of Leases and Rents c. Loan Agreement Page 20 of 45 d. Restrictive Covenant e. Rental Regulatory Agreement f. Collateral Assignment of Leases, Rents and Contract Rights g. UCC-1 Rider h. Title Insurance Policy I. Other security agreement at the discretion of the County upon a determination by the County that the mortgage is insufficient to secure the County's HOME loan. O. Audits and Records 1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133, Nonprofit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program -specific audit performed, in accordance with OMB A-133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). Such agencies that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountants (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 cf 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 forAttestationEngagements (Attestation Report). 3. When the requirements of OMB A-133 apply, an audit shall .be conducted for each fiscal year for which federal awards attributable to this Agreement have been received by the Awardee, Each audit shall include a fiscal review, which includes_ a validation of all program generated income and its disposition, especially attributable to HOME 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 PHCD no later than six months following the end of the Awardee's fiscal year. 4. If an audit is required by Section i1, Paragraph 0 of this Agreement, but the requirements of OMB A-133 do not apply the Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year or on the basis of the period during which PHCD- federal assistance has been received, in either case, each audit shall cover a time period of not more than twelve (12) months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. Each audit shall adhere to all other audit standards of OM8 A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this Agreement. A copy of the audit report in triplicate must be received by PHCD no later than six months following each audit period. 5. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6, The Awardee shall maintain ail Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in AttachmentA in this Agreement, 7. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. Page 21 of 45 8. The Awardee shall include in all PHCD approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such Activities described in this Agreement and defined by PHCD, each of the record -keeping and audit requirements detailed in this Agreement. PHCD shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described above. 9. The County reserves the right to require the Awardee to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shalt 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 ail records pertaining to this Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 10. The Awardee shall ensure that its auditors share their audit results with must submit the audit report to PHCD within six months after the conclusion of the audit period. 11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. The Awardee agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allocability of costs. P. Protected Records and Documents Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or Protected Health Information (PHI) shalt comply with the Health insurance Portability and Accountability Act (HIPAA)-of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic transfer standards including but not limited to: 1. Use of information only for performing services required by the Agreement or as required by law; 2. Use of appropriate safeguards to prevent non -permitted disclosures; 3. Reporting to Miami -Dade County of any non -permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to•the same restrictions and. conditions that apply to the Contractor and reasonable assurances that IlHIIPHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8, Making internal practices, books and records related to PHI available to Miami -Dade County for compliance audits, PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Contractor must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. Q. Retention of Records 1. The Awardee shall retain all Contract Records for a period of at least seven (7) years following the final Close -Out of the Activity/Project (hereinafter referred to as 'Retention Page 22 of 45 Period") subject to the limitations set forth below. The final Close -Out of the Activity/Project is the date when PHCD provides written notification of such. Under no circumstances shall Awardee dispose of any Contract Records prior to Awardee providing the County sufficient documentation to show that the HOME Regulations were fully complied with in Awardee's performance of its obligations under this Agreement and has received confirmation from PHCD that the Activity/Project has been finally Closed -Out in the U.S. HUD ID1S system. Upon Awar-dee's request in writing for confirmation of said final Close -Out, PHCD shall provide Awardee in writing either confirmation of final Close -Out or a list of documentation required in order to proceed toward final Close -Out. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of PHCD, fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the Agreement records during the required Retention Period. 4. The Awardee shall notify PHCD in writing, both during the pendency of this Agreement and after its expiration as part of the final closeout procedure, of the address where all Agreement records will be retained. 5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement records within one year after expiration of the Retention Period. R. Provision of Records 1. The Awardee shall provide to PHCD, upon request, ail Agreement records. These records shall become the property of PHCD without restriction, reservation, or limitation of their use. PHCD shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this Agreement. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. if the Awardee receives funds front, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow-up communications and reports to PHCD immediately upon such issuance unless such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 3. Proprietary Information As a political subdivision of the State of Florida, Miami -Dade County is subject to the stipulations of Florida's Public Records Law. The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the County has developed at its own expense, the disclosure of which could harm the County's proprietary interest therein. During the term of the Agreement, the Awardee will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property, any computer programs, data compilations, or other software which the County has developed, has used or is using, is holding for use, or which are otherwise in the possession of the County (hereinafter "Computer Software"). All third -party license agreements must also be honored by the Awardees and their employees, except as authorized by the County and, if the Computer Software has been leased or purchased by the County, all hired party license agreements must also be honored by the Awardees' employees with the approval of the lessor or Awardees thereof_ This includes mainframe, Page 23 of 45 minis, telecommunications, personal computers and any and all information technology software. The Awardee will report to the County any information discovered or which is disclosed to the Awardee which may relate to the improper use, publication, disclosure or removal from the County's properly of any information technology software and hardware and will take such steps as are within the Awardee's authority to prevent improper use, disclosure or removal. 4. Proprietary Rights a. The Awardee hereby acknowledges and agrees that the County retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the County to the Awardee hereunder or furnished by the Awardee to the County and/or created by the Awardee for delivery to the County, even if unfinished or in process, as a result of the Services the Awardee performs in connection with this Agreement, including ail copyright and other proprietary rights therein, which the Awardee as wet as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Awardee shall not, without the prior written consent of the County, use such documentation on any other project In which the Awardee or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Awardee to -meet official regulatory requirements or for other purposes in connection with the -performance -of-Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b. All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works" shall become the property of the County. c. Accordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or any employee; agent, subcontractor or supplier thereof, without the prior written -consent of -the County, -except as required for the Awardee's performance hereunder. d. Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. Such license specifically includes, but is not limited to, the right of the County to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. S. Audits and Inspectors General Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended or shall they be construed Page 24 of 45 to impose any liability on the County by the Awardee or third parties. The provisions in this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in ail subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami -Dade County Inspector General Review According to Section 2-1076 of the Code of Miami -Dade County, as amended, Miami -Dade County has established the Office of the inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (114) of one (1) percent of the total contract amount which cast 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 ail change orders and ail contract renewals and extensions. Excerption: The above application of one quarter (114) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance• contracts; (h) revenue -generating contracts; (I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j) professional service agreements under $1,000; (k) management agreements; (I) small purchase orders as defined in Miami -bade County -Administrative Order 3-2;. (m) federal, state and local government -funded grants; and. (n) interlace! agreements. Notwithstanding the foregoing, the Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (1/4) of one percent in any exempted contract at the time of award. Awardee consents to the powers of the Inspector General. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County contracts, transactions, accounts, records and programs. In addition, the inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and. programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. Upon ten (10) days- prior written notice to the Awardee from the inspector Genera! or IPSIG retained by the Inspector General, the Awardee shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Awardee's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the Agreement, including, but not limited to original estimate files, worksheets, proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, proposal and Agreement documents, back -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. Independent Private Sector Inspector General Reviews Pursuant to Miami -Dade County Administrative Order 3-20, the Awardee is aware that the County has the right to retain -the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these- IPSIG services, and under no circumstance shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee in ponnection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Commission Auditor Access to Records Page 25 of 45 Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, andequipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this Agreement. T. Prior Approval The Awardee shall obtain written approval from PHCD prior to undertaking any of the following: 1. The engagement or execution of any subcontracts) or Agreement assignments, wherein HOME funds will be used to pay for goods or services. The Awardee must submit all proposed agreement documents to PHCD at least thirty (30) days prior to the start date of the agreement. PHCD shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by PHCD of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions for existing staff. 4. The purchase of at nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section II, Paragraph W.1, of this Agreement. 6, Out-of-town travel not specifically listed in the approved budget. 7. The disposition of Program Income not specifically listed in the approved Program Income budget. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section II, Paragraph K of this Agreement. 9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this Agreement: i0. In the event the Awardee wishes to substitute personnel for the key personnel idenfifed by the Awardee's Proposal, the Awardee must notify the County in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution. U. Monitoring The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all Agreement records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to interview any clients, employees, subcontractors, or assignees of the Awardee. Fdllowing such inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or provide PHCD with a reasonable justification for not correcting the deficiencies. PHCD 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 PHCD in its report. V. 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, where those sectons do not apply 24 CFR 92.356, 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, Page 26 of 45 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 HOME Entitlement program, The Awardee certifies and represents that no officer, director, employee, agent, or other consultant of the County or a member. of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. The Awardee shall abide and be governed by Miami -Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in connection with its Agreement obligations hereunder. The Awardee shelf 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 PHCD immediately upon the Awardee's discovery of such possible conflict, PHCD wilt then render an .opinion which shall be binding on all parties. The Awardee shall submit to PHCD, within five business days of execution this Agreement, all updated Conflict of interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: > Original Agreement or its subsequent amendments. ➢ Requests for budget revisions. > Requests for approval of subcontracts. Non-compliance with the above requirements will be considered a breach of Agreement, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through PHCD for a period of three years, a. Awardee certifies and represents that there are no undisclosed persons or entities interested with the Awardee in this Agreement. This Agreement is entered into by the Awardee without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the County, or of -the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid; i) is interested on behalf of or through the Awardee directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the Awardee's knowledge any subcontractor or supplier to the Awardee. b. Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or affiliate of the Awardee shall have an interest which is in conflict with the Awardee's faithful performance of its obligation under this Agreement; provided that the County, in its sole discretion, may consent in writing to such a relationship, provided the Awardee provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. c. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. d. In the event Awardee has no prior knowledge of a conflict of interest as set forth above Page 27 of 45 and acquires information which rrtay indicate that there may be an actual or apparent violation of any of the above, Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. W. Publicity, Advertisements and Signage The Parties agree that the Awardee is funded by the County for HOME Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development (US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of alE contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible. The Awardee shall ensure that all media representatives, when inquiring about the activities funded by this Agreement, are informed that the County and US HUD are the funding sources. The Awardee shall notify the County of all events and activities involving the Project ten (10) days prior to the activity or event. When the Awardee obtain(s) the building permit(s), the CHMVID Project Manager at the Department, must be notified in order to request the project sign from Miami -Dade County Internal Services Department. Within thirty (30) days of the erection of the sign, the CHMD Project Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or Certificate of Completion (CC), NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN -IN ATTACHMENT F. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. X. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or-servibes- to fulfill this Agreement from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this Agreement. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by PHCD in the HOME application approved by the supervising federal agency. The Awardee shall assure that ail subcontracts or third party agreements contain provisions with stated goals, that low-income residents from Community Development Target and Service Areas be provided with opportunities for employment and training in contracted activities. in conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low-income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: 1, The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low,- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this Agreement agree to comply with HUDJ's regulations in 24 CFR part 135, which implement Section 3, As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. Page 28 of 45 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, inciuding training positions, that are filled (1) after the Awardee is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that .to the greatest extent feasible (i) preference and opportunities for (raining and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian -organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section.3 to -the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Fair Subcontracting Policies (Ordinance 97-35) All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids/proposals in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bidlproposaI; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based an 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 shalt, as a condition of award, provide a statement of their subcontracting policies and procedures (see Attachment G), The County will not execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if. it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. Paoe 29 of 45 Y. Property 1. Definitions a. Property. As defined on Page 3 herein. b, Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. c. Personal Property: Personal property of any kind except reef property. 1) Tangible: NI personal property having physical existence. .2) intangible: All personal property having no physical existence such, as patents, inventions, and copyrights. d, Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $1,000 or more per item, with a normal expected life of one or more years, riot fixed in place, and not an integral part of a structure, facility or another piece of equipment. e. Expendable Personal Property: All tangible personal property other than nonexpendable property. ' 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved by Awardee or PHCD — in whole or in part with HOME funds received from PHCD snail meet the following: 1) All real property purchased and/or improved in whole or in pars with funds from this and previous contracts with PHCD, or transferred to the Awardee after being purchased in whole_ in part with funds from PHCD, 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; owners 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. 2) For awards involving the purchase and/or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the HOME award with PHCD within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the HOME award for the project and termination of this agreement 3) All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to PHCD. This report shall include the elements listed in Paragraph Y.2.a.2., above, 3. inventory - Capital Equipment and Real Property All capita] items acquired for the project by the Awardee with funds allocated in this Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to the County. A capital item shall be defined as an item that: (1) has a service life in excess of one year; (2) is either complete within itself or is a major component of another item of property; (3) by definition cannot be described either as supplies or materials; j4} will not be consumed or lose Hs identity; and (5) has a unit cost of $500 or more. Awardee shall notify the County immediately upon acquiring any capital items with funds allocated in this Agreement Page 30 of 45 The County shall allow the Awardee to retain possession of capital equipment after expiration of this Agreement as long as the Awardee continues to provide the service described in the Scope of Services (Attachment A). If the Awardee disbands, becomes defunct or in any way ceases to exist or if the Awardee ceases to provide the service described in the Scope of Services or another service of value, the County shall reclaim the items of capital equipment pursuant to the foreclosure of the County mortgage and other documents that may secure the County loan. 4. The Awardee shall comply with the nonexpendable personal property requirements as stated below: a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with PHCD shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the -time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with PHCD shall be inventoried annually by the Awardee and an inventory report shall be submitted to PHCD. The inventory report shall include the elements listed in Paragraph W-3.a„ above. c. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this Agreement shall vest in the County and PHCD. 5. The Awardee shall obtain prior written approval from PHCD for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of ail such property in accordance with instructions from PHCD. Those instructions may require the return of all such property to PHCD. Z. d. If the Awardee requests to use Program Income, the Awardee shall provide to PHCD a written explanation of the activities to be assisted with Program Income AA. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of PHCD's Policies and Procedures Manual. BB. Subcontracts and Assignments 1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution Mo. 1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https:llwww.sam.gov Awardee shall provide to PHCD a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami -Dade County's debarred Contractor's List; Awardee shall, at a minimum, check at http:(1www.miamidade.00vlsmalibusiness/business-development-reports, asp to determine if a person or entity is on Miami -Dade County's debarred contractor's Page 31 of 45 list. Awardee shall provide PHCD with a printout copy of the site page that indicates the name and the date it was checked. b. Comply with all HOME requirements, as applicable, as well as the regulations specified in PHCD's Policies and Procedures Manual. c. Identify the fulI, correct, and legal name of the party. d. Describe the activities to be performed. e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or PHCD 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 PHCD, set forth in this Agreement. PHCD shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described above, and; Result from an open competitive -bid process generating a minimum of three. bids. Such .competitive process shall be -described in writing, approved by the Board of Directors and a copy of which submitted to PHCD. In such circumstances that open, competitive bids are not feasible or that a minimum of three ,bids are unobtainable, permission to use other methods of award must be requested in writing and approved by PHCD prior to the assignment or award of subcontract The Awardee agrees that no assignment or sub -contract will be made or let in connection with the Agreement without the prior written approval of PHCD, which approval shall not be unreasonably withheld, and that all such sub -contractors or assignees shall be governed by the terms and intent of this Agreement. Incorporate the language -of Attachment E, "Certification Regarding Lobbying." g. h. Include language stating that the Subcontractor understands and agrees that the County is not -a party to the subcontract and has no obligation to the subcontractor. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Awardee and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. 2. The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g„ social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3, The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Semites. 4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined by PHCD as described in this Agreement. PHCD's approval shall be obtained prior to the release of any funds to the subcontractor, Page 32 of 45 5. The Awardee shall receive written approval from PHCD prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. 6. Approval by PHCD of any subcontract or assignment shall -not under any circumstance be deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar amount agreed upon in this Agreement 7. if the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to PHCD (Attachment H). ;3. The Awardee agrees that it wilt not change or substitute subcontractors or suppliers from the list (Attachment H) without prior written approval from PHCD. 9. The Awardee shall- not hire any of the Awardee's staff members or employees as subcontractors. CC. Additional Funding The Awardee shall notify PHCD of any additional funding received for any activity described in this Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the Awardee's notification by the funding source. DD. Method of Payment . The Awardee shall be paid as described below: 1. The Awardee shall be paid far those expenses allowed pursuant to the provisions provided below only when the Awardee submits to PHCD adequate proof, as determined by PHCD 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 PHCD 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 PHCD. The Awardee- shall be paid only for those expenditures contained within Attachment -El "Budget," to this Agreement as it may be revised with the prior written approval by PHCD. 2. Requests for payment (reimbursement) shall be assembled by calendar month and submitted to PHCD no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to PHCD, along with all original invoices, copies of front and back of cancelled checks paid to all subcontractors and suppliers, all release of liens from alll subcontractors and suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices. 3. In no event shall the County provide advance HOME funding to the Awardee or to any subcontractor hereunder, nor shall the Awardee advance HOME funds to any party. 4. Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by PHCD of all reports and documents which the Awardee is required to submit to PHCD pursuant to the terms of this Agreement or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services. Payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement — Attachment A, which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payment(s) will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on file with PHCD and the County's Internal Services Department. PHCD must receive the final request for payment from. the Awardee no more than thirty (30) calendar days after the expiration or termination of this Agreement. if the Page 33 of 45 Awardee fails to comply with this requirement, the Awardee will forfeit ail rights to payment(s) if PHCD, in its sole discretion, so chooses. 7. All monies paid to the Awardee which have not been used to retire outstanding obligations of this Agreement wrest be refunded to PHCD in accordance with PHCD's Policies and Procedures.Manual. 8. Any unexpended funds remaining after the completion of the services under this Agreement, or after termination of this Agreement, shall be recaptured in full by the County. 9. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this Agreement, Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a 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. EE. Reversion of Assets The Awardee shall return to PHCD, upon the expiration or termination of this Agreement all assets, owned or held by Awardee as a result of this Agreement, including, but not limited to any HOME funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to PHCD of the HOME Loan. The Awardee shall at the request of the County execute any and a€1 documents, including but not limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as required by the.County to effectuate the reversion of assets. FF. Restriction on the Use of Funds The funds received pursuant this Agreement shall be. used- for the purposes set forth herein and shall not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be used for: Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Awardee shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. 2. Religious Purposes. County funds shall not be used for religious purposes. Faith -Based Activities. Awardee shall be knowledgeable of 24 CFR 92.257 and shall administer HOME funds in accordance therewith. 3. Commingling Funds. The Awardee shall not commingle funds provided under this Agreement with funds received from any other funding sources, but may be included in a Development Bank Account permitted by the first mortgage lender at the discretion of the County. THE COUNTY AGREES: Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions contained within this Agreement in an amount not to exceed the appropriated amount as stated on page 9 of this contract. Page 34 of 45 IV. THE AWARDEE AND PHCD AGREE: A. Effective Date 1, This Agreement shall begin on the effective start date as stated on page 1 of this contract. Any costs incurred by the Awardee .prior to this date will not be reimbursed by the County. 2. This Agreement shall expire on the date as stated on page 1 of this contract. 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 HOME funds or other assests, including Program income to support HOME 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 pars of this Agreement. The Effective Term of this Agreement shall be the date the Agreement begins, as set forth in subsection 1V(A)(1) above, until the date the Agreement expires, as set forth in this subsection (the "Effective Term"). In no event shall the Effective Term be extended by the County beyond the period of four (4) years from the date the funds were "committed", as defined by HUD and the HOME Regulations. 3. This Agreement may, at the sole and absolute discretion of the County and PHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph Y, or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated, 4. Management Evaluation and Performance Review The Department may conduct a formal management evaluation and performance review of the Awardee, if in the Department's sole discretion it is deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices. The performance review should reflect the quality of service provided and the value received using monitoring data, such as progress reports, site visits, and client surveys. B. -Default or Breach 1. The Awardee shall be in default or breach of this Agreement if any of the following acts, omissions or conditions occur: a. The Awardee fails to fulfill each and every provision of this Agreement and the Attachments and fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Agreement. b, Awardee fails to disclose all Related or Affiliated Parties and all rnatters required to be disclosed as to Related or Affiliated Parties to the County as requried herein. c. Filing of a lis pendens, foreclosure action, or other legal action against the Property, any property of Awardee or Related or Affiliated Party, or against Awardee or Related or Affiliated Parry which the County determines, in its sole discretion, threatens the Property or the ability of Awardee to fulfill the provisions of this Agreement and the services outlined in the Scope of Services. d. Any arrearage, default, or late payment on any loan, Note or other debt or obligation for which the Property is security or regarding any property of Awardee or Related or Affiliated Party, including properties not related to this Agreement. e. Any legal encumbrance on the Property not permitted in writing by the County. f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. Page 35 of 45 g. Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h_ Awardee fails to report to the County within fen (10) days any bankruptcy, reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis pendens, foreclosure action or legal encumberance related to the Awardee, Related or Affiliated Party or the Property, or any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement Failure to comply strictly with Section II, Y(2)(a)(1)-(4) of this Agreement. The Awardee fails to provide sufficient documentation to the County to show that Awardee has performed its obligations in accordance with this Agreement and the HOME Regulations. C. Suspension 1. The County may suspend payment in whole or in part under this Contract by providing written notice to the Awardee of such suspension and specifying the effective data thereof, at least ten (10) days before the effective date of suspension. if payments are suspended, the County shall specify in writing the actions that must be taken by the Awardee as conditions precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other Agreements entered into between the County and the Awardee, The Awardee shall be responsible for its own aft direct and indirect costs associated with such suspension, including attorney's fees. Reasonable cause shall be determined by PHCD, in its sole and absolute discretion, and may include, but is not limited to: a, Ineffective or improper use of these Agreement funds by the Awardee or any of its subcontractors; kr Failure by the Awardee to materially comply with any term or provision of this Agreement; c. Failure by the Awardee to submit any documents required by this Agreement; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this Agreement. 3. PHCD will notify the Awardee of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). D. Termination 1. Termination at Will This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten (10) working days notice when PHCD determines that it would be in the best interest of PHCD and the County. Said notice shall be delivered by certified mail, retum receipt requested, or in person with proof of delivery. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Awardee with County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Awardee under this Agreement; and/or (c) terminate or cancel any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for its own direct and indirect costs associated with such termination, including attorney's fees. Page 36 of 45 2, Termination for Convenience PHCD may terminate this Agreement, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional costs under this Agreement. 3, Termination Because of Lack of Funds In the event of a funding short -fail, or a reduction in federal appropriations, or should funds to finance this Agreement become unavailable, PHCD may terminate this Agreement upon no less• than twenty-four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. PHCD shall be the final authority to determine whether or not funds are available. PHCD may at its discretion terminate, renegotiate and/or adjust the Agreement award whichever is in the best interest of the County. 4, Termination for Substantial Funding Reduction in fhe event of a substantial funding reduction ofthe allocation to the Awardee through Board of County Commissioners' action, the Awardee may, at its discretion, request in writing from the Director of PHCD a release from its contractual obligations to the County. The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Default or Breach PHCD may terminate this Agreement upon no less than twenty-four (24) hours written notification to the Awardee for breach or default. 6. Termination. for Failure to Make Sufficient Progress. PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering ultimate Agreement performance, or is not materiaily complying with any term or provision of this Agreement, PHCD may treat such failure to comply as a repudiation of this Agreement For construction or rehabilitation projects, pursuant to 24 C.F.R. 92.205, construction must begin within twelve (12) months from Commitment of funds, and the project must be completed within four (4) years from Ccommitment of funds, as Commitment is defined by the HOME Regulations. In the event these deadlines as set forth in the HOME Regulations, as amended, are not met, HUD may deem this Agreement terminated, and the Parties agree that upon such a determination by HUD, that this Agreement shall be terminated and Awardee shall repay to the County any funds disbursed to Awardee and shall waive any rights to consequential damages against the County. 7. Termination for Bankruptcy The County reserves the right to terminate this Agreement, if, during the term of any Agreement the Awardee has with the County, the Awardee becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Awardee under federal bankruptcy law or any state insolvency law. General to Termination and Breach Page 37 of 45 Unless the Awardee's breach is waived by the County in writing, the County may, by written notice to the Awardee, terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions herein do not limit the County's right to legal or equitable remedies. The County may resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. in the event the County shall terminate this Agreement for default or breach, the County or its designated representatives, may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 9. Penalties for Fraud, Misrepresentation, Material Misstatement, or Criminal Conviction in accordance with the Code of Miami -Dade County, Section 2-8.4.1, and other County policies, if Awardee or any individual, corporation, firm, partnership, joint venture or other business entity in which Awardee or its principals has a Controlling Financial Interest attempts to meet its contractual obligations with the County under this Agreement or any other County agreement or County program through fraud, misrepresentation or material misstatement, or is convicted of fraud, bribery or any other corrupt or criminal act in connection with any County program or County agreement, the County shall have the sole and absolute discretion to terminate this Agreement and may terminate or cancel any other agreements which Awardee or such individual, corporation, firm, partnership, joint venture or ether business entity in which Awardee or its principals has a Controlling Financial Interest has with the County. Such individual or entity shall be responsible for its own direct and indirect costs associated with such termination or cancellation', including attorney's fees. The foregoing notwithstanding, any individual, corporation, firm, partnership, joint venture or other business entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from. County contracting for up to five (5) years. For the pur.poses of this section, "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. 10. Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination. "Reasonable, allowable costs" are those costs which are necessary in order to perform Awardee's obligations under this Agreement and specifically exclude expenses incurred prior to the execution date of this Agreement, personal expenses, travel expenses, expenses related to additional phases of the Project not specifically and expressly incorporated into this Agreement. PHCD shall be the sole judge of "reasonable, allowable costs." All compensation pursuant to this Article is subject to an audit at the County's discretion. Limitation of Liability and Limitation of Remedies Awardee acknowledges that the County is providing substantial funds to Awardee at low or no cost to Awardee, and that these HOME funds are for the purpose of providing a benefit to the community health and welfare, which is the provision of low-cost housing that is affordable to low-income individuals and families. Therefore, notwithstanding any other provision herein, the Parties agree to the following limitations on liabilities for any and all claims of any kind arising from or in connection with performance or breach of this Agreement, which limitations shall apply equally to both Page 38 of 45 Parties: 1. Both Parties' cumulative liability for damages, if any, is limited to the amount of the HOME funds set forth in Section 111, above. 2. Neither party shall be liable for lost revenues, lost profits, lost program income, or lost developer fees. 3. Each party shall bear its own attorney's fees and costs. 4. Neither party shalt be liable for costs incurred by the other party prior to the execution of this Agreement. F. Renegotiation or Modification 1. Modifications of provisions of this Agreement shall be valid only when in writing and signed by duly authorized representatives of each party, which for the County is the County Mayor or Mayor's designee. The parties agree to renegotiate this Agreement if PHCD determines, in its sole and absolute discretion, that federal, state, and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. PHCD shall be the final authority in determining whether or not funds for this Agreement are available due to federal, state and/or County revisions of any applicable laws or regulations, or increases in budget allocations. 2. The County shall have the right to exercise an option to extend this Agreement beyond the current Agreement period and will notify the Awardee(s) in writing of the extension. This Agreement may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee, upon approval by the County Mayor or Mayor's designee. 3. The County may, for good and sufficient cause, waive. provisions in this Agreement. Waiver requests from the Awardee shall be in writing. No waiver shall be valid unless in writing and signed by the County Mayor or Mayor's designee. Any -waiver shall not be construedto be a modification of this Agreement. The County's failure to exercise any of its rights under this Agreement, orthe County'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 the County in the exercise of any right shall operate as a waiver. G. . Budget Revisions and Changes to the HOME Eligibility Activity Title • 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with PHCD's Policies and Procedures Manual. All budget revisions shall require an amendment of this Agreement, which the County shall have no obligation to execute. The County shall not be obligated to make payments for expenditures incurred prior to the approval oftho 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 PHCD no later than thirty (30) working days of the action; written notification will constitute a Agreement amendment, The Awardee will have five (5) 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, the County will revise the budget at its discretion. The County in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services, when required, will be negotiated to the mutual satisfaction of both parties. Page 89 of 45 3. Reserved H. Compliance This County shall have the right to inspect, monitor, and inquire of Awardee, at the sole and absolute discretion of the County , during the Affordability Period, or any period that the Awardee has control over Agreement funds, including Program Income, in order to ensure compliance with the HOME Regulations, However, the County shall have .no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. The Awardee agrees to comply with all applicable State and County laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. This contract may be executed in counterpart copies, and these counterparts shall together constitute an original of this AgreemenL Disputes In the event an unresolved dispute exists between the Awardee and PHCD, PHCD shall refer the questions, including the views of all interested parties and the recommendation of PHCD, to the Miami -Dade County Mayor for determination. The Miami -Dade County Mayor, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in the event additional time is necessary, PHCD will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that the Miami -Dade County Mayor's determination shall be final and binding on all parties. J. Headings The section an' d paragraph headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. K. Schedule of Fees for Services - Service Rate Schedule Miami -Dade County Implementing Order: ID 4-132 will apply to this Agreement. This Implemeting s the County to charge Awardee applicable fees as outlined below: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT SERVICE RATE SCHEDULE Fee Name Proposed Fee(FY 2015 — 16) Fee Due Construction Inspection Fee $1,500.00 At Loan Closing Contract Extension/Modificaiton Fee (Multi -Family Development Loans Onty) $2,500.00 At Time of Request for Extension L. Proceedings This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising under, ih connection with or related to this Agreement or related to any matter which is the subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Miami -Dade County, Florida. M. Notice and Contact All notices regarding terminations or breach from the Awardee to the Lender and the Lender to the Awardee required or permitted by any provision of this agreement shall be in writing and sent by registered or certified mail and addressed as follows: Page 40 of 45 TO AWARDEE: St. John Village Community Development Corporation, Inc. 1324 NW 3'd Avenue Miami, FL 33136 Attn: Ola Aluko COPY TO: Public Housing and Community Development 701 NW 1st Court, 14th Floor Miami, FL 33136 Attn: Wilde Ballard, SPA 1 TO LENDER: Miami -Dade County , 111 N. W. 1st Street, 29th Floor Miami, Florida 33128. Attn: County Mayor COPY TO: Public Housing and Community Development 701 NW 1st Court, 14th Floor Miami, FL 33136 Attn: Michael Liu, Director COPY TO: Assistant County Attorney County Attorneys Office 111 N. W. 1st Street, Suite 2810 Miami, Florida 33126 Attn: Terrence A. Smith, Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this Agreement. in- the event that any of the information required by the provisions of this Article is changed by either of the Parties after the execution of this Agreement, the affected Party_shall give notice in writing within five (5) days to the other Party of the amended pertinent information, which shall be attached and incorporated into this Agreement. N. Florida Public Records Act Requirements As it relates to this Agreement and any subsequent agreements and other documents related to the Development, Awardee and any of its subsidiaries, pursuant to Section 119.0701 of the Florida Statutes, shall: Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service; 2. Upon request of from the County's custodian of public records identified herein, provide the County with a copy of the requested records or allow the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in the Florida Public Records Act, Miami -Dade County Administrative Order No. 4-48, or as otherwise provided by law; 3_ Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement's term and following completion of the work under this Agreement if Awardee does not transfer the records to the County; and Page 41 of 45 4. Meet all requirements for retaining public records and transfer to the County, at no cost to the County, all -public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of Awardee upon termination of this Agreement. Upon termination of this Agreement, Awardee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. For purposes of this Section IV (N) of this Agreement, the term "public records"' shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the County. In the event Awardee does not comply with the public records disclosure requirements set forth in Section 119.0701 of the Florida Statutes and this Section IV (N) of this Agreement, the County shall avail itself of the remedies set forth in Section IV (D) of this Agreement. IF AWARDEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO AWARDEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, .PLEASE CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: Miami -Dade County Miami -Dade Public Housing and Community Development 701 l st Court, 14t Floor Miami, Florida 33.136 Attention: Alisa Caballero Errrdil ALARAmiamidade.qov 0 WAIVER OF JURY TRIAL NEITHER THE AWARDEE, SUBCONTRACTOR, NOR ANY OTHER PERSON LIABLE FOR THE RESPONSIBILITIES, OBLIGATIONS, SERVICES AND REPRESENTATIONS HEREIN, NOR ANY ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE, SUBCONTRACTOR OR ANY SUCH OTHER PERSON OR ENTITY SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES, OR ANY OF THEM. NEITHER AWARDEE, SUBCONTRACTOR, NOR ANY SUCH PERSON OR ENTITY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO, AND THE PROVISIONS HEREOF SHALL BE SUBJECT TO NO EXCEPTIONS. NO PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES, P. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement, including any rights, title or interest therein, or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. Q. Third Parties Page 42 of 45 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. R. Survival The parties acknowledge that many of the obligations in this Agreement, including but not limited to Awardee's obligations to indemnify the County, maintain Contract Records, and provide sufficient evidence of HOME Regulation complaince for the duration of the Affordability Period as well as the County's right to inspect and monitor the Project and Awardee for complaince with the HOME Regulations, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. S. Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no affiliation between the contracting parties. It is expressly understood and intended that the Awardee is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the County. The Awardee is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County. Ail persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Awardee's sole direction, supervision and control. The Awardee shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees, servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise, Agreement or representation other than specifically provided for in this Agreement. T. All Terms and Conditions Included This Agreement and its attachments as referenced (Attachment A — Scope of Services; Attachment Al — Action Steps; Attachment B — Budget; Attachment B-1(J) — ldemnification and Insurance Requirements (Housing only); Attachment B-2 — HOME Program Requirements; Attachment C — Progress Report and Set-up Forms; Attachment D — Information for Environmental Review; Attachment E — Certification, Statements and Affidavits; Attachment F — Publicity, Advertisements and Signage; Attachment G — Fair Subcontracting Policies; Attachment H — Subcontractor/Supplier Listing) contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. U. Conflict In the event that a conflict arises between any prior funding documents and/or agreements governing this Project, the terms, provisions and definitions included in this Agreement shall prevail. In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the project's true "gap" financing needs to be less than the maximum award allocated by the Board of County Commissioners, the SLR amount shall prevail and the amount of HOME funds described in this Agreement shall be subsequently reduced, "Gap" financing means the difference between the amount of financing available for the Project from other sources and the total project cost. In the event Awardee applies for and is awarded by the Board of County Commissioners ("BCC") additional funding for the same Project, as described in this Agreement, a separate Agreement or amendment to this Agreement must be negotiated and executed between Awardee and the County Mayor or Mayor's designee. Any differences between the terms and conditions set forth in this Agreement and the subsequent funding award shall require a negotiation between the Parties in order to resolve those differences. Awardee understands and acknowledges that changes to the Page 43 of 45 Project or Activities described in this Agreement may not be accomplished by applying for and being awarded 'subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the BCC funding for an additional phase of the same Project, a separate agreement must be negotiated and executed between the Parties. Under no circumstances shall Awardee assert that a subsequent application for and award of funds for the same project constitutes an amendment of this Agreement. Awardee expressly assumes any and ail risk of loss or damage associated with a subsequent application for and award of funds for the same Project where such subsequent application by Awardee includes terms which conflict with the terms of this Agreement. V. Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. W. Survival The parties acknowledge that any of the obligations in this Agreement, including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. X. Corporate Governance A Not -for -Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes, particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by reference as if fully set forth herein in connection with its Agreement obligations hereunder. A For -Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly Sections 607.0830 through 607,0833, as amended, which is incorporated herein by, reference as if Tully set forth herein in connection with its contractual obligations hereunder. Page 44 of 45 IN WITNESS THEREOF the parties hertqo duly authorized, this day of AWARDEE: St. John Community Deve ent Corporation, Inc. ye. caused this•Contract to be ekecUted by their undersigned officials as 2016. BY:: NAME: DATE: BY: .NAME: TITLE: DATE; 'WlOaeeee-,• 0,121 OLA a ALUKO FRO1DENT/CEO.• 0LA•O.ALUK0 PRESIPENT/CE0' AUGUST 24, 2016.- BY: (Signature) HURLETTE BROVVN Type or Print. Nate • Sign 4ure) SUSAN KELLY' Type.or Print Name C302.529 Federal ID Number: .59-2657:50 RP olC.al on 4. 111-686-‘14 MIAMI-DADE coubiri TITLE: DATE: ATTEST TITLE: Clerl:(,- Bpar.d of County Commissionere. DATE: Awardee's Fiscal Year Ending Date:, CORPORATE SEAL:• AGREEMENT 18 NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Page 45 of 45 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT ATTACHMENT A MIAMW ADE FY 2014 Scope of Services April 1, 2013 through June 30, 2017 Agency Name: St. John Community Development Corporation, Inc. 1. - ACTIVITY TITLE: IDIS I: RESOLUTION #: DUNS #: 2. - ACTIVITY DESCRIPTION: 2a—Activity Category: 2b. — Objective: 2.c. — Outcome: 3. - APPROVED BY BCC: Other Funding Source and Amount: 4. - FY 2014 FUNDING REQUESTED: r 5. - HUD INFORMATION: 5a. — HUD matrix code: 5b_ — NUD -Activity Type: 5c.—HUD-National Citation 6, - ACCOMPL HIIENTS: 6a. —Number of Units: 6b. —Type: 7. - NATIONAL OBJECTIVE: Total # of Low/Mod in Service Area: Census Tract: Block Group: 8. - ACTIVITY ADDRESS: 9. - LOCATION: NRSA (Activity located in): District (Activity located in): 10. - LABOR STANDARD applicable Type of Work: ❑ Building ❑ Residential 1I. 12. Project Manager: Willie Ballard St. John Village Apartments II N/A R-165-13 and R-686-14 825023653 Rehabilitation of ten (10) affordable rental apartment units Housing Decent Housing Affordability $206,000 of HOME 2013 (R-165-13) and $612,117 of HOME CHDO 2014 (R-686-14) $812,117 NIA NIA N/A 10 Housing N/A NIA 1445 NW 1" Place, Miami, FL 33136 3 N/A ❑ Highway ❑ Heavy Set aside units different from total units INSURANCE REQUIREMENTS: Worker's Compensation Insurance, Commercial General Liability Insurance, Auto mobility Liability insurance and Professional Liability Insurance. See Attachment for detailed requirements. Sandra Raymond I3adaiile Plaune atnre) Add Sit Of i(O HC)II•'ager, Resident Ser♦ ices, Community Planning & Outreach (Signature) St. John Village Apartments II Scope of Services Narrative ST JOHN VILLAGE APARTMENTS It: This project is the rehabilitation of an affordable rental housing project of 10 units comprised of 4 two -bedroom and 6 one -bedroom, 1 bathroom units. All units have a bathroom, living room and kitchen. The exterior walls are masonry. The building is 2 stories high, with exterior stairs. The project has an exterior asphalt court yard with site drainage. Rehabilitation will include upgrade all electrical systems to meet current code; replace thruwall air conditioning units with minimum SEER rating; repave existing asphalt parking area; install landscaping, metal perimeter fence and gate; interior floor repair and completely retile, new kitchen fixtures, cabinets and appliances; new bathroom fixtures; replace all interior doors and interior and exterior painting and lighting. Based on laboratory analysis, no asbestos was detected in amounts greater than 1 % in the secured bulk samples. County contract term will be from April 1, 2013 to June 30, 2017. TIMELINE APRIL 1, 2013 THROUGH JUNE 30, 2017 i1".'4 "5il cs 7.i:t; ATTACHMENT "AV' AGENCY NAME: 5T.JOHN PROPERTIES CORPORATION SUBMITTED JUNE 2016 ACTIVITY; ST, JOHN VILLAGE APARTMENTS I1 FUNDING SOURCE: HOMPIHOIAE CHO0 FY HMS &Ro rogramrninv AMOUNT; l;<:1LX TOTAL ACTIVITY COSTS: 51,121,473 TOTAL AVAILABLE FUNDING (ALL SOURCES): 01,121,473 PROPOSED AGCOMPLIS}IMENT UNITS; to ACCOMPLISHMENTUNfTs; d-:.:: - -'J. TYPE; Nnusiii Units •r .,- --:, 1- :.- :E -. :r;rx,-# r z-q...-. ',:.::, 'u i`rt- ...:.:.... . . ..•r, •,','- ,. ,-.n_ 1 .;' ,_ _. x +ti,::r.r rk '-re' A •f�(..,8,=. ,tx...:x ..: -. 1„ ..., RdJC Y: 11�RT RLY,' °G M �75H-S�`_t>z,r,Jr+es` ,�k�t3. yp {,{4 ,yil Q ..,�i `�`%'J.�i ,r''tt }f li.t '7 "Yr '. 6, Sild � �[ �:_, :..,_ ;: - ..._...... ,'rr -.. AU ;U /,.�543Ut CYERI. :ACCQI.Iy.LI }�I,�� SS, - 'iV.. '. 1'l�-i_ I R'- 'S.,-{}�.,:}}�� .F�n',1- ti p )L,c., i r3.- .:1 .\`Y. i'.' �'. ..f,pl ::�c-� :-S: .,..: [� f.-` i h ;•� , :,• t "v - � �`% 'I {5.7. 1,:, !., i( 0. ! 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( .si.,- �.r ,?i. ,3- 4 - .6 [}., sfh ter sl�t,31 CUh1 ETVI�hL• rt 4J� VEOE[riyl � �'}.- _� 3 ...,�. ..-ck..-,-5!�,� �iS,. uni�,�c.��'.+ei€;-+aa`,?t,rn. 1• i -i11i �•~ COMPLETED COMPLETED COMPLETED COIAPLEIEO PRE -BID PHASE SUBAMIT{TEMSTOCOUNTY FORHUOENVIRONMENTAL REVIEW 1E1: 7 j I3 QUARI'ERSS-4 PREPARED IPMThTION TO BID � P�E(rb, FY }i •fi .lh iOri• 4f1f13io 3131119 PROCESSED PAYMENT TO UNDERWRITER ca EO -,_,° PREPARED ITEMS FORSUBMISSIONTOUNDERWR(TER ;G➢I� C'fta-0.' ,;-..• BID PRASE BID ADVERTISEMENT I'I 5TH QUARTER PRE-BIDCONFERENCE• ICU 4!1114 to 6130114 BID !REP OPENING ROPET•EO, VERIFY GC IS NOT ON DEBARMENT LIST Ti3�l�LE;�EQ.��,F CONFIRM PAYMENT AND PERFORMANCE80ND CAPABILITY I,CI' RECOMFAENOATIOhI,SELECTION OFGE:FIERALCOEHRACTOR ''T`OMr sUBMmEOREPROGRAMMING REQUEST TOcowry FOR ADDITIONAL FUNDS NEEDED L•-4-13lyrEq,. PHEPARGO HEMS FOR SUBMISSION TO UNDERWRITER iCOTirPLLET.EW EO"-. > LtiEU- ;, �I)?L EL1. i "i -0--)-:Tt3 -,? ,1s ';;.'. COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED 6THQUARIER NJA- DAVIS-BACON WAGE DETERMINATION- MUST BE REQUEST I IJ FEW OCED& BE INCLUDED IN THE r OCED APPROVED BID PACKAGE -ONLY 10 UNITS 4CONPCcTE1��r 711T141as736(i4 SECURED REPROGW4k1I,1lNGOFADDITIONAL FUNOS NEEIJE:U C SUBMIT SUBSIDY LAYERING REVIEW 1ANALYSIS(REQUEST FROM OHC[Yr cor WORH WITH SUBSIDY LAYERING REVIEW UNDERWRITER 1001 .P... SECURED ENVIRONMENTAL CLEARANCE SUHMITrALOFQUARTERLY PROGRESS REPORTS CD ,,1• �., P EfEE? 1 EFEFi'y3Tr}'3 l.tr, YLE1EI7 COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED 7THQUARTER WORE( WITH SUBSIDYLAYERING REVIEW UNDERWRITER IOOI?LE000:JI 7 10N11410 13131/14 SUBMITTAL OF QUARTERLY PROGRESS REPORTS aOR"PLETG0_ P%i :ir COMPLETED COMPLETED BTHQUARTER WORKWITHSUBSIDY LAYERING REVIEW UNDERIARJTER toP:LETEUFIp ly iIN15 to 3f3111S SUBMITTAL OF QUARTERLY PROGRESS REPORTS PCU1APLEft=D S• a 7 COMPLETED COMPLETED OTHQUARTER WORK W+TE3SUBSIDYEAYPRINGREVIEYJUNDERWTITER •CQ PLEfEQ;1;x�ry�"; MT/151e6/55115 SUBMrITALOPQUAH1tHLYPROGRESS RFPORTS !C:)lIPr-g,50,m?;:/: COMPLETED COMPLETED 10THQUARTER WORN WITH SUBSIDY LAYERING REVIEW UNDERWRITER 13GF,i Ef /l,. TTiT15 to 6f30115 SUBMITTAL OF QUARTERLY PROGRESS REPORTS ICQ01PLk7E,i ,; ,; COMPLETED COMPLETED t1TH QUARTER WOEIIS WRH SUBSIDY LAYERING REVIEW UNDERWRITFTt rQOMPREO, 1NUT 5to17}311E5 SUBMITTAL OFQUARTERLY PROGRESS REPORTS . IGOAa},. Viz: ,id ETE.0-'' COMPLETED COMPLETED 12TR QUARTER SECURE SUBSIDY LAYERING REVIEW UNDERWRITER FINAL REVIEW - EOOMP EO"p.fl mils in3731N6 SUBMTRAL OF QUARTERLY PROGRESS REPORTS ICOMP.ETEOi W COMPLETED COh1PLEi to 13TH QUARTER SLi8ij0TCLOSJNG DOCUMENTS TO COUNTY 4M116 to 6J30110 sLIEh1ILTAL OF QUARTERLY PROGRESS REPORTS >. },�ssT:ntt•:;d .wr = yi;Fi':`"F.. ;,.::',-''':;::;r::''�.::-::-::"_.. ..-- ..9d::<:!.-"`O•:...:: .,.:'}'•-,:':•;.':::: PAGE i OF 2 TIMELINE APRIL 1,2313 THROUGH JUNE 90, 2317 AGENCY HAME: ST. JOHN PROPERTIES CORPORATION ACTIVITY: Si. JOHN VILLAGE APAR1MEN-1-s II FUNDING SOURCE HOME/HOME CHDO FY 2013 & Reprogramming ATTACHMF.NrAl" SUBMITTED JUNE 2016 AMOUNT: rfg,i,i.,A:;17.J'„fc0,;. TOTAL ACTIVITY COSTS: S1,121,473 TOTAL AVAILAELEPUNDING (ALL SOURCES& 91,121,43 PROPOSES: ACCOMPLISHMaNT UNITS: in AccompusHMENT UNITS: a:Ai,ifniO9.11.i)91:F.) I.:12A4`Qj_i.i...i.,..Qe.iAJin,t TYPE Housing Units . , fiii.' HIE2OrTR'f-40,110, , 'GTO WA gl;YMP814:124kiERtg A1IijE: td A„'..., i.r!,1 0 1AiftS, g ,E14LLIcb .1#f 7 eu @a :. "q.•lmir su - '14 dEg r 1 1 1 i .j,1 .. kl,TO f 040T 4A ,051.0 E,.z ,,-"g m pp ERVjUFIT6.' P •--git:L "IA, ...zr-1JI1JL tti1.061 613 "eiiki* 14TH QUARTER COORDINATE wiTH COUNT( ON CLosnaG pocUMENTS AND REVISE AS NEEDED MI ,an THIlgio MONS SIGN CLOSING DOCUMENTS COUNTY CLOSE ON HOME FINANCING AND RECORDS IN THE PUBLIC RECORDS 4 RESUBMIT [TENET() COUNTY FOR ENVIRONMENTAL REVIEW .-..-(., SECURE' COUNTY ENVIRONMENTAL APPROVAL . SUBMITTAL OF QUARTERLY PROGRESS REPORTS ,,,. N,tr` CONSTRUCTION PHASE -- ' -i.:,..1 15TH QUARTER RELEASE NOTIGETO PROCEED :•.' 0n i 10/1,19 1a12/31f16 SUM FT plols FOR PERMITTING 6 ,Akkiii OBTAIN FEINTS '5 pRSCONSTRUCTION CONFERENCE (INCLUDE WORK SCHEDULE AND MAINTENANCE OF TRAFFIC) - R coNTAcT & CooRGINATB WITH OCED PRIOR TO SCHEDULING BEGIN REHAB CONTRACT CONSTRUCTION MANAGEMENT & MONITORING SECTION 3 PLANS, COMPLIANCE, MONTHLY REPORTS MONTHLY SUBMITTAL 0F CONSTRUCTION RELATED PAYMENT REQUESTS / RENBURSENIENTREQUE,STS' :I:REQUIRES OCED REVIEMANDAPPROVAL) - SUBMITTAL pF QUARTERLY PROGRESS REPORTS (ANNUAL REPORT FOR pp,' OR '6E4 1 .. CONSTRUCTION PHASE 19TH QUARTER CCUITNUECONSTRUOTION ' UM? to 3/31117" CONTINUE CONSTRUCTION MANAGEMENT & MONITORING SECTION 3 PLANS, COMPLIANCE MONTHLY REPORTS CONTINUE MONTHLY SUBMITTAL OF CORSTRUCTION renal PAYMENT REQUESTS /REIMBURSEMENT L 111P - gEaursTs(REGIMES OCED REVIEVY AND APPROVAL) Ii 1.,Ie CONDUCT MARKETING ACTIVITIES sualorunt oP QUARTERLY PROGRESS REPORTS , CONSTRUCTION & FINAL LE&SE UP PHASE 17TH QUARTER COMPLETE REHABILITATION (PROJECTED PERCENTAGE OF COMPLETION AND SPECIFIC ACHIEVEMENITS ARE IDENTF1ED IN CONSTRUCTION SCHEDULE OR GA(ITT CHART) /OAT to 6/30117 CONTINUE CONSTRUCTION MANAGEMENT & MONITORING 4e, SECTION 3 PLANS, COMPIJANCE, MONTHLY REPORTS CONTINUE MONTHLY SUBMITTAL OF CONSTRUCTION RELATED PAYMENT REQUESTS (REimpatt 511 ENT REQUESTS (REQUIRES OCEOREVIENAND APPROVAL) CONDUCT MARKETING ACT miles SUBMITTAL Or QUARTERLY PRWRESS REPORTS ....,' PAGE 20F 2 St John Village Apartments II 1445NW1stPlace June 2016 uNITs: 10 Attachment B - Budget County County EXPENSE CATEGORY Total Cost Reprogramming HOME'13 SJCDC Equity TOTAL LAND &BUILDING SJCDC Equity $308,356 308,356 TOTAL LAND & BUILDING $308,356 SO $0 $308,356 CONSTRUCTION COST GC Contract Total $482,030 342,505 139,525 0 P&P Bonds $9,641 9,641 Contingency $36,562 38,562 TOTAL CONSTRUCTION COST $530,233 $390,708 $139,525 $0 SOFT COSTS Construction Management $60,000 60,000 Environmental. Asbestos & LBP Te $2,375 2,375 Appraisal Fees $4,000 4,000 Survey $600 300 300 Site Security $20,000 20,000 Insurance $20,000 20,000 Market Study $2,500 2,500 Advertising & Signage $650 650 Accounting $2,000 2,000 Permit Fees & Permit Processing $3,000 • 1,500 1,500 Soft Cost Contingency I $10,475 10,400 75 TOTAL SOFT COSTS $125,600 $117,.350 $8,250 $0 CLOSING & FINANCING COSTS Legal Fees $2,150 2,150 Title & Recording $12,182 9,182 3,000 Underwriting & Inspection Fees $16,075 16,075 Total Closing Costs $30,407 $9,182 $21,225 $0 DEVELOPER FEE i Developer Fee $125,878 $94,878 $31,000 $0 TOTALS $1,120,473 $612,117 $200,000 $308,356 INDEMNIFICATION AND INSURANCE REQUIREMENTS — B-1(J) Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigates and defend all claims, suits or actions of any kind or nature in. the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein as herein provided. The Contractor shall furnish to the Miami -Dade County, c/o of Public Housing and Community Development, 701 NW Ist Court, 14th Floor, Miami, FL 33136, Certificate (s) of Insurance which indicates that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Commercial General 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. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications` The company must be rated no less than "A_-" as to management, and no less than "Class VIE" as to financial strength, by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Financial Services. NOTE: CERTIFICATE HOLDER MUST READ: MIAMI DADE COUNTY 111 NW STREET SUITE 2340 MIAM[, FL 33128 Rehab — Private Entity PUBLIC HOUSING AND COMMUNITY DEVELOPMENT ATTACHMENT B-2 HOME PROGRAM (includes HOME and HOME CHDO SET ASIDE) A. Schedule of Units — For Awardees undertaking the development of for -sale ownership or rental housing, the description of the proposed units to be completed is as follows (to be completed by Awardee): Schedule of Units Unit Description Total Number of -Units Total Number -Set-Aside Units Square Feet Sale Price/Net Rent Amount % of AMI Efficiency/Studio 1 Bedroom/1 Bath 2 Bedroom/1 Bath 2 Bedroom/1.5 Bath 2 Bedroom/2 Bath 3 Bedroom/1 Bath $ 3 Bedroom/1.5 Bath 3 Bedroom/2 Bath 4 Bedroom/2 Bath $ 4 Bedroom/2.5 Bath For Awardees undertaking rental housing, the Awardee agrees with respect to the Development for the period beginning on the date of recordation of the Mortgage and Security Agreement securing the PHCD Loan, and ending on the fast day of the Affordability Period, as herein defined, that: 1. The Awardee shall designate and set -aside units for very low, low-income, or moderate income families in the configuration as described in the Schedule of Units referenced herein, The Awardee herein elects a fixed or floating HOME -assisted designation for the HOME set -aside units. 2. At the very minimum, the Awardee shall be required to equip each unit with the following: refrigerator, oven, carpeting/tile, and central air conditioning. 3. Each unit shall meet the energy efficiency standards promulgated by the HUD Secretary. 4. The Awardee must verify that all households assisted have annual incomes that do not exceed 80% of the Area Median Income (AMI). The awardee must report to PHCD the number of set - aside housing units completed and occupied, including demographic information on each head of household. The applicable income levels for the HOME Program area as follows: Warning: 'title VI, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. thX.7 j; This material is available in an accessible format upon request. Ca126/62012/V 1of4' ATTACHMENT B-2: HOME Program -i3ade County: Fl° 2016 Adiusted HOME Income Limits Effective June 6, 2016 # of Persons in Family Area Median Income (AMI) Income Limits 1 2 3 4 5 6 7 8 $48,100 30% Extren Low Income 14,950 17,050 19,200 21,300 23,050 24,750 26,450 28,150 5O% Very Low Income 24,850 28,400 31,950 35,500 38,350 41,200 44,050 46,900 60% 29,820 34,080 38,340 42,600 46,020 49,440 52,860 56,280 80% Low Income 39,800 45,450 51,150 56,800 61,350 65,900 _ 70,450 75,000 (NOTE: Income Limits subect to change annually. Source: https:/lwww.hudexchange.info/manage-a-t rrogramihome-income-limits/ 5. In order to meet HOME Program objectives, structures with one unit must be occupied by a Low Moderate Income (LMI) household. If the structure contains two units, at least one unit must be LMI occupied. Structures with three or more units must have at least 51% occupied by LMI households, a. Rental buildings under common ownership and management that are located on the same or contiguous properties may be considered as a single structure. b. For rental housing, occupancy by LMI households must be at affordable rents as established annually by the U.S. Department of Housing and Urban Development (HUD) and consistent with standards adopted and publicized by PHCD. 6. 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 requited to submit an annual. report regarding its compliance with the national objective, and PHCD will have the right to monitor the activity. B. TERM The Awardee expressly agrees to complete all work required by this agreement in accordance with the timetable set forth below: MILESTONE DEADLINE Project Start Date: Project Completion Date: C. AWARDEE OBLIGATIONS AND DUTIES 1. The Awardee shall begin construction no later than twelve (12) months after execution of the HOME Agreement. All construction shall be completed within the term of the Agreement. Construction is completed when a Certificate of Occupancy (CO) is issued. 2. The Awardee shall submit to PHCD, in writing, all requests for project construction start-up and completion extensions, including a revised timetable for completion of the project. Such written requests must be subritted to PHCD at least sixty (60) days prior to the expiration date of the contract or amendment. If the extension request is not timely submitted, the funding award shall be automatically forfeited by the Awardee, 3. The Awardee shall obtain prior written approval from PHCD before undertaking any and all changes to the project, including, but not limited to changes in the proposed unit sales prices or rents (as applicable), start-up and completion date extension request, unit set -aside, floor plans and amounts to be contributed towards closing. The Awardee shall send PHCD notice of such changes within thirty (30) days of any such increase. CD126/62612/V 2 of 4 ATTACHMENT 13-2: HOME Program 4. The Awardee shall execute a Rental Regulatory Agreement, Note, Restrictive Covenant and Mortgage delineating a set -aside of units that is proportionate to the level of funding received pursuant to the funding sources. 5. The Awardee shall forward to PHCD within fifteen [151 days of execution of this contract an Affirmative Marketing Program to attract and identify prospective renters or homebuyers (as applicable), regardless of sex, of all minority and majority groups, to the Project, particularly groups that are not likely to be aware of the Project. The Marketing Plan should include efforts designed to make such persons/groups aware of the available housing, including, but not limited to the following activities: 6. Submit proof of advertising in The Miami Herald, Diario Las Americas, Miami Times, or an equivalent newspaper in an effort to afford all ethnio groups the opportunity to obtain affordable housing. The Awardee shall provide proof of other special marketing efforts including advertising Multiple Listings Service (MLS) through a licensed real estate professional. 7. The Awardee shall provide PHCD with a complete set of permitted plans, approved specifications, and permits for each building or unit model, as applicable, upon approval by the appropriate controlling municipality prior to commencing construction. 8. The Awardee shall provide to PHCD for approval prior to awarding the construction contract for the Development, the name of the General Contractor. 9. Prior to the commencement of construction, the Awardee shall provide to PHCD the General Contractor's Payment & Performance Bond (P&PB). At PHCD's discretion, based on the Awardee's organizational capacity, track record, and experience, an irrevocable Stand-by Letter of Credit may be accepted in lieu of the P&P13, In such event, the Letter of Credit must be issued by -a Florida chartered bank or national bank operating in Florida in the amount of ten percent (10%) of the construction contract amount, in US funds, with Miami -Dade County listed as the beneficiary. 10, The-Awardee shall s.chedule a Pre -Construction Conference with PHCD at least sixty (60) days prior to' the commencement of construction, 11-. The Awardee shall provide. PHCD with a written commitment for construction financing from a financial institution(s) at the time of construction loan closing. 12. The Awardee agrees to notify PHCD in writing within fourteen (14) days of any key personnel or location changes in the management company. 13. During the Design Stage, the Awardee shall obtain Professional Liability lnsuranbe in the name of the Awardee or the licensed design professional employed by the Awardee in an amount of not less than $250,000, and shall furnish to PHCD the relevant Certificates of Insurance evidencing the prescribed insurance coverage in accordance with ATTACHMENT B-1 of this contract. D. PHCD OBLIGATIONS AND DUTIES 1_ PHCD shall manage its own disbursements and act as the disbursement agent for ail construction loan funding draws, 2. PHCD will monitor the project for adherence to plans, unit layout and deadlines for project completion in accordance with the Contract and the Scope of Services. 3. PHCD shall forward to the County's Internal Services Department, Risk Management Division, all required and applicable Certificate(s) of Insurance. 4. PHCD shall disburse the awarded funding only after the Awardee closes on the construction loan, all required loan documents have been recorded, and the Awardee: has timely submitted funding draw requests and relevant invoices in the prescribed manner and as satisfactory to PHCD. 5. PHCD shall notify the Awardee of any address/location changes to PHCD's contact information within forty-five (45) days of its occurrence. CD/26/62012N 3of4 ATTACHMENT B-2: HOME Program E. Terms 1. Construction Loans During the construction phase, for -profit and not -for -profit awardees undertaking acquisition, new construction or rehabilitation of affordable rental housing (rental only) shall pay interest at a rate of zero percent (0%). During the construction phase, not -for -profit HOME CHDO awardees undertaking acquisition, new construction, or rehabilitation of affordable rental housing and/or pre -development activities shall pay interest at a rate of zero percent (0%) during the construction period until issuance of the Certificate of Occupancy. During the construction phase, not -for -profit HOME CHDO awardees undertaking homeownership activities shall pay interest at a rate of zero percent (0%) to three percent (3.0%). The HOME/CHDO awardee shall be provided with a maximum construction term of 24 months, and a maximum sell -out period of 12 months, for a total term of 36 months. If the housing does not continue to be the principal residence of the family for the duration of the affordability period, that the housing is made available for subsequent purchase only to a family who qualifies as a low income family and will use the property as its principal. residence. The resale requirement will ensure that the price at resale provides the original HOME assisted owner a fair return on investment (including the home owners' investment and any capital improvement). During the construction phase, for -profit and not -for -profit awardees undertaking homeless or capital projects shall pay interest at a rate of one percent (1.0%). Commitment Fee: All developers, both for -profit and not -for -profit, must pay a Commitment Fee. 2. Permanent Loans Upon issuance of the Certificate of Occupancy (CO), for -profit and not -for -profit awardees undertaking acquisition, -new construction or rehabilitation of affordable rental .housing (rental only) shall pay interest at a rate of zero percent (0%) to one and one-half percent (1.5%). For awardees undertaking rehabilitation or substantial rehabilitation projects, the permanent loan term shall be for a period of 15 years. For new construction activities, the permanent loan term shall be for a period of 20 years. Upon issuance of the Certificate of Occupancy (CO), HOME CHDO awardees undertaking acquisition, new construction or rehabilitation of affordable rental housing (rental only) shall be. subject to a 15-year rental regulatory agreement. Upon issuance of the Certificate of Occupancy (CO), for -profit and not -for -profit awardees undertaking homeless and capital projects shall pay interest at a rate of one percent (1.0%). Such projects shall be subject to a 30-year affordability and occupancy restriction period_ in the event of a conflict between the loan terms set forth herein and those set forth in any of the loan documents, the loan terms of the loan documents shall prevail. Borrower agrees to assign any proceeds to PHCD from any contract between PHCD and the borrower or any firm, corporation, partnership or joint venture in which the borrower has a controlling financial interest in order to secure repayment of the loan. "Controlling financial interest" shall mean ownership, directly or indirectly of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. CD/26/62012N 4 of 4 MIAMI-CODE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Income Limits for Fiscal Year 2016-17 (Effective 03/2812016) Please check the appropriate family size and income. l yc "Brig7E { . ]ly - Size,7,. sm ,7:: :Inig.[;30, rP3-4g e 1'le� LTdW�. . y�141 ARot`M .. an)�.._h5 1,.. i ��" _. �1.4i ' --a7 0 (5,. % o' , M ra•j y °w '"3i 6...- ::z- � k ;3: (80%tiof Median) 1 $14,950 $24, 850 $39,800 2 $17,050 $28, 400 $45,450 3 $20,160 $31, 950 $51,150 4 $24,300 $35,500 $56,800 5 $28,440 $38,350 $61,350 6 $32,580 $41,200 $65,900 7 $36,730 $44, 050 $70,450 8 $40,890 $46,900 $75,000 Income Limits for Fiscal Year 2016-17 (Effective 03/28/2016) uF Asg 3 REXLre L;LWt�'...� �' ve � '� `r 7�` kY.-��r t g✓{ -. PEIMEWieniilt 1 $14,950 $24,850 $39,800 2 $17,050 $28,400 $45,450 .3 $20,160 $-31,950 $51,150 4 $24,300 $35,500 $56,800 5 $28,440 $38,350 $61,350 6 $32,580 $41,200 $65,900 7 $36,730 $44,050 $70,450 8 $40,890 $46,900 $75,000 ATTAOEENENT C SJAf�IkL pE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 I .Reparki ng; Peridd. 1_ ❑ 15t Quarter [J.an�Mar]:.�: ❑ 2"d Quarter:[P,pr=Jun] Q.3N Quarto .r:[;lOI-Sept]`...:❑ 4j�? Quarter [Oct -Dec] / Annual:Report ,S:eciion:C GEneralrlrtfoima ion. Recipient Name (Organization): Contact Person (Name & Title): Activity Narne (Project Title): Activity Address: Activity Description: Telephone Number: IDIS #: Index Code: Funding Source: Funded Amount: $ Activity Category: ❑ Administration , ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Public Service ❑ Housing ❑ Homebuyer Assistance ❑ Tenant -Based Rental Assistance (TBRA) ❑ Homeless Housing Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing El Create economic opportunities Outcome: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability (-•--- .. .. ..... .. >.- .. _. - P ., Y-„p cent (56°/ an aevent i S�CtIDIi II l=lnaticlal, Irtformatlon At the time the Awardees has been afd aC bthernfse received ffft er percent (70y/gj of the Ag eeme't Fu�fds, the A�rardees reportf g these4e gendit�ires rnµstsubm documentation o show that 4wardees..has 1 •ccomplistietl 0"/d:arf� 7t)%y, respeGti'vely, ofhfheActivrties cies.ctFpedTherein. A B C A E F Category Approved Budget Total Expended ;e Actual Expenditures Cumulative 'Through end of this quarter] Reimbursed Cumulative ,rough end of this quarter) Cumulative Percentage Ib D] Projected Expenditures [Next Quarter] Projected Cumulative Expendituresd of ontract Penad Personnel € $ $ $ $ % I $ $ Contractual I $ $ $ $ % $ $ Operating Costs I $ $ $ % $ $ Commodities $ $ $ %', $ $ Capital Outla $ $ $ % $ $ TOTAL $ $ $ % $ $ Program Income • The disposition of Program Income not specifically listed in the approved Program Income budget requires prior written approval from PHCD. 1, Does this activity generate Program Income? ❑ Yes ❑ No 2. If yes, indicate the amount generated this quarter. $ 3, if yes, was written approval granted by PHCD to use the Program income generated from this activity? ❑ Yes ❑ No ❑ NIA 4. If yes, attach copy of approval letter and related documents. If no, a written request for approval to use the Program Income must be submitted to PHCD. CD/14/51712 1 of 3 MIAMI:DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT FY 20 • • I „ fimE _Q13 1. Activity Status: Cancelled 0 Underway El Completed 2. Environmental Status: 0 A=Exempt LI C=Completed D=Uncierway 3, is this activity still in compliance with the original project schedule'? 0 Yes 0 No pleted1; Check appropriate,.box and reference the Scopezof Services included En your contract; as e basis. for.',reporting•-the w6r,..invg.cio*s..ot•occiffiTii... ' . " • . fli404004i6g-V190.0... • p:r6v,kib,:-0"60thfifi'..tit56•-i,.!0i6.,,,(ippotitoot,:rot6;„0,:.01k6hr.:44 '5E0g efforts that hSa,ve beapp;i-Oartially,:,_implernented, or Lcompteted duripg tliis perioJ• •• • • _ Section -:V Problems Encountered 1 delays encduriteredduringlhis,pefi&dor antiCipated:. -• If .roUr.',..(::.r6ar:ikati(;)h...tiaji.ah*J....or.,-aritOpate... describe the of the ste re'qdired. • agttiCiri'Vtl:Re .": 'abt(alaChiOatigntS are .i • rojeCts:...1.14St Submit'appile0.1:::aotiVitY•tekip form. Accomplishment Type: El People [01] 0 Households [04] 111 Businesses [08] 0 Organizations [09] fl Housing Units [10] El Public Facilities 111] 0 Jobs [13] National Objective: °Area Wide Benefit [e.g. LMA, LMAFl, LMASA, SBA] -or- El Direct Benefit [e.g. LMC, LMH, LMJ] Peope or :1-. • • HouseholdsiR:AgtliPY.PT.: If yes what accomplishment People 70,!;. People Households (LMH activities onl Total People Low / Mod Total Households Low / Mod Female Headed Projected Goal - Actual This Quarter Actual Cumulative Supplemental Report Attached Y / N Performance & Benefit Data: D Housing —or— El Public Service & Administration —or— 0 Capital improvement &Public Facilities 00V14/51712 2 of 3 ill AHi ODE r ''11l. PUBLIC HOUSING AND COMMUNITY DEVELOPMENT QUARTERLY EXPEND[TURE AND PROGRESS REPORT FY 20 I Housing;Unifs:.AchieV.airirits:` Owner Rental Buyer Total Projected Goal Actual This Quarter Actual Cumulative Supplemental Report Attached Y / N ❑ Performance & Benefit Data: Housing Jobs •or Businesses Achievements: 1 If yes what.Is ',tie aecompllshrnenttype? ❑{Jobs 'or;'>❑businesses:' Jobs Created Total Job Count Full -Time (FT) FT Low l Mod Total Weekly Hours Part -Time (PT) PT Low / Mod Percent Low / Mod Jobs Projected Goal Actual This Quarter Actual Cumulative Assistance to Businesses Projected Goal Actual This Quarter* Actual Cumulative, New Businesses Existing Businesses Total Supplemental Report Attached Y / N ❑ Performance & Benefit Data: Economic Development PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter. Initials NOTE: Submittal of Supplemental Form — Performance & Benefit Data is not required at this time based on the certification that no accomplishments occurred during this quarter. CERTIFICATION This is to certify that the data and other information provided in this Report is correct, based on official accounting system and records, and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by: Title: Print Name Title: Signature of Certifying Official: Date: Date: Report ❑ is / ❑ is not complete ¢ Report 0 is / ❑ is not accurate Activity MIS Number: Initial review for completeness and accuracy completed by Name: Project Manager Name: Supervisor Date: Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. This material is available in an accessible format upon request, 3 of 3 CD/14/51712 tv�o.or.naoreo niits.per'structure] Recipient Name: Activity Name: IDIS# : PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE & BENEFIT DATA: HOUSING Supplement to Quarterly Expenditure & Progress Report FY 20 Activity Category: HUD Activity Matrix Code: Accomplishment Type: HUD Matrix Code Description: 1st Quarter [Jan -Mar] ❑ 2nd Quarter [Apr -Jun] ❑ 3rd Quarter [Jul -Sept] ❑ 4th Quarter [Oct -Dec] 1 Annual Report ❑ HOME FUNDED PROJECTS ONLY 0 [Instructions: hick the box that corresponds to the HOME tenure type, complete the appropriate Form, & attach it to this report.]i;, _.. _.. , ❑ Rental - tJ Rental Set Up & Completion Form ❑ Homebuyer-e Homebuyer Set Up & Completion Form ❑ Tenant -Based Rental Assistance - a Tenant Based Rental Assistance Set Up Form ❑ Homeowner Rehab - Homeowner Rehab Set Up & Completion Form PROJECT TYPE..0 [Instructions: Check the box that corresponds tothe activity project type] ❑ Construction of Rental Units ❑ Rehabilitation of Rental Units E Acquisition / Construction New Homeowner ❑ Homeowner Rehab Units ❑ Direct Financial Assistance to Homebuyers Total number of Rental Units: Total number of Owner Units: Total number Homebuyer Households: GDBG MULTI -UNIT ACTIVIITY. Activity Setup . Completion Infor-matior [M ultk unit housing is efined as Units Total Occupied Occupied P Low / Mod Number of Units at Start Number of Units Expected at Completion Number of Units Actually Completed Instructions: Indicate if this activity is limited to one of more of the items listed below by placing an "X" for each that applies. GDBG Housing Rehabilitation Installing Security Devices Installing Smoke Detectors Performing Emergency Housing Repairs Providing Supplies and Equipment for Painting Houses Operating a Tool Lending Library DISPLACEMENT NFORMATI Type Displaced From Census Tract or City White Black Hispanic • Asian / Pacific American Indian 1 Alaskan Remaining In Relocated To PLACEMENT INFORMATION:- Type Demolished 1 Converted Address Replacement Address r Number of Bedrooms Agreement Execution Date Available Date CD/10/5-1712V 1 of rf,11AMO:ittnE 7,77-71 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE & BENEFIT DATA: HOUSING Supplement to Quarterly Expenditure & Progress Report FY 20 Ip RFORMANCE MEASUREMENT & ACCOMPLISHMENT iNFORMATtON GApplicability: This section must! completed forall ;Rental; and Homeowner activities]....... 1. Number of Affordable Units:. a) Units occupied by elderly: c) Number of Bedrooms: d) Number of units subsidized with project -based rental assistance by another Federal, state or local program: b) Years of Affordability: e) Number of units designated for persons with HIV/AIDS, inciuding units receiving assistance for operations: Number of units for the chronically homeless: f) Permanent housing units designated for homeless persons & families, including units receiving assistance for operations: Number of units for the chronically homeless: 2. Number of Section 504 Accessible Units: 3. Number of Units qualified as Energy Star: .-_. The: following.,questions-arefor Rehabilitation Activities only Nr 4. Number of units brought from substandard condition (HOS or local code): 5. Number of units brought into compliance with lead safety rules (24 CFR Part 35): :; :The fallowing question: i fo.r Rental. I e,habilita'ti.oi Activities.ion ly:: 6. Number of units created through conversion of non-residential to residential buildings: ,p The following question is for.Ac.quisitii n f.°:C'onstruction New. Homeowner Activities only a 7. Number of households previously living in subsidized housing_ DIRECT:;FINANCIAL 'ASSIS-TINCE TO"-HOMEBUYERS 1, Number offirst-time homebuyers: a) Of those, number receiving housing counseling: 2. Number receiving Down Payment Assistance / Closing Costs: DIRECT BENEFICIARY 1NFORMATION + NUMBER OF HOUSEHOLDS ASSISTED ' : RACE & ETHNICITY CATEGORY Instructions: (1) Indicate the total number of persons or households served in each Racial Category for this reporting period and the cumulative total. (2) From the total number depicted in each Racial Category, indicate the numbers that are of Hispanic Ethnicity for this reporting period and the cumulative total. Report Period Totals ; Gurriulati er TR Totals Ethnicit' Race Ethnicity Race E f Racial Categories Total # # Hispanic Total,# ;...],...:'Hisparzlc White [11] ,. Black / African American [12] "-- M aL `II Asian [13] American Indian / Alaskan Native [141 p -'i k Native Hawaiian / Other Pacific Islander [15] American Indian / Alaskan Native & White [16] yl_ 4- `-" f,,, *' . . , Asian & White [17] ta, Black / African American & White [18] , 4 s j American Indian or Alaskan Native & Black I African American [19] i Other/ Multi Racial [20] uy Totals "` CD/10/51712V 2 of PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE & BENEFIT DATA: HOUSING Supplement to Quarterly Expenditure & Progress Report FY 20 INFORMATION - Report Period Totals Grnu"a1;iie1�7aal:- _ ''` ratal`Iurrber,. ,.. income Levels Total Number Extremely Low (30% or less) n` ; Low (31 /0 50 /D) ii L Moderate (51%-81°1D Non Low/Mod (81 °/D or greater r k-r +7 F.: r N >,., {i i .,;,'fi ; Totals Number of Female Headed Households • NEIGHBORHOOD REVITIALZATION STRATEGY AREA(NRSA) INFORMATION Is this activity located in a NRSA? ❑ Yes ❑ No 1f yes, the NRSA must be identified, as applicable, using the maps provided via Miami -Dade Countys websife — Services Near You: http://qisweb.miamidade.gov/CommunitvServices/ . A copy of the printout must be included with this report Provide the following information: NRSA # of Clients Served NRSA Location / Project Address: Location 1 Project Address: Location / Project Address: # of Clients Served Street / City / Zip Code Street / City 1 Zip Code Street 1 City / Zip Code FUNDING SOURCES 4 Leveraging f°:funds<[Other. Funding Sources] 1. CDBG Funds 2. HOME Funds 3. ESG Funds $ 4. Section 108 Loan Guarantee $ 5. Other Federal Funds 6. State / Local Funds 7. Private Funds 8. Other: Name of Funding Source Total Funds COMMENTS CD/10/51712V 3ofa MIAMi-DALE Report Prepared by: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE & BENEFIT DATA: HOUSING Supplement to Quarterly Expenditure & Progress Report FY 20 Signature of Certifying Official: Print Name Title: Title: 3:).`,S.pee«I }'ltilaraeN: Deed (s),'!}) HOtill E income & household srze data), :6) Rent ions, 8) Vllrrften,Agreement with landlord:/ ns 9).At=inal S_ sources & Uses; Statement;. & ices::::•• .: .:. . Date: Date: Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. This material is available in an accessible format upon request. CD/10/51712V 4 of 4 wti,pr�E-oar r PUBLIC HOUSING AND COMMUNITY DEVELOPMENT. Rental Set Up and Completion Form HOME Program for single and multi -address activities) Executed agreement with the grant recipient must be attached with this form. ATTAcum- ;uT r, Check appropriate box: �_�.�. Ea��S,_,; ,: m.�,s :-, B'4CLBeVw,ner;grA,'ddreSS, - t✓z.a x..?1 Name and Phone Number of Person Completing Form: KEIT P RE:f Tfv l i�i1l1TY A. General information 1. Name of Participant 2. IDIS Activity ID Number. 3. Activity Name: I„eo es see C. Special Characteristics 1. Activity Location (Check any that apply) Strata rea O'tfoea.Mf irea 5(}iggeglifaily:.deolareeifiajRdisaE rIgi0 011(41WitaVeruatio afea D. Activity Information 5j B atifieJd a etbpR:je%t e I n> Gss_n o,f a res1aentla[ fo, restden 0 M NEfra'a"3 fort T, t~NTi 2. Will this activity be carried out by a faith -based organization? 1. Activity Type EMELETTOR pIDAfew.Igiiraaeta,x€?NL7 zbairatiggiTKOha illtatol p ggrii'sitioru'OsIL i( 'Arg Gsrlion_aNC=Ne i ixanstfuctiorj 3. City: 4. State: 5. ZIP Code: ik=4 mil 2. Property Street Address: 6. County Code: Activity Estimates: 7. HOME units: ^Y i 8, HOME Cost: 9. Multi -Address: E. Property Owner or Developer Information (ONLY applicable if this is a multi -address activity) 1. Developer Type (check one): rVi 3lydiv}dli ai F� rv''.ra 'foi-Prfltit u 21/1 0. el 2. Property Owner or Developer's Name: 3. Street Address: 4. City F'�-:max= �+s 5. State 6. ZIP Code: This material is available in an accessible format upon request. Page 1 of 12 CD164142016 PUBLIC HOUSING AND COMIVIUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and multi -address activities) aM etMiirt ATTACTMEJT C F. Activity Information. If this is a multi -address activity, make copies of this forth so that cost and beneficiary information is reported for each address _ Sections H, I, J, K, and L. 1. Activity Type (check one) I d,r00-6-ftTIN"' Q 4.aga it on A,E tglge`h` l"i. tg_P_ u s-ELTI �1� NRvy o strlspo 2. Property Type (check one) .21i s{1;) Coradorr` drii Cl(4jApmti ¢2) Gboperati i 0] ( Other nu 3. FHA Insured? (For single -address activities ) Ygs ,:.D;No rLUe:ia"�4nstitenn ONLYe,1 -1frgtii�ait`i Ogra 4. Mixed Use? r, s 1 4. N 5. Mixed Income? 5. Completed Units Total Number. II- 4-4 HOME -Assisted: Vag g 0167603 ftio C. Property Address. (For multi -address activities). 1. Building Name 2. Property Street Address 3. City 4. State 5. ZIP Code 6. County Code H. Units. 1. Of the Completed Units, the number, Total: Meeting Energy Star standards i4`ia 504-accessible o Designated for persons with HIV/AIDS i>'a'!r f:i `"a, Of those, the number for the chronically homeless � ::..:,.,.::. Designated for the homeless ggia Of those, the number for the chronically homeless a `� Home -Assisted: • Period of Affordability: if you are imposing a period of affordability that is longer than the regulatory minimum, enter the total years (HOME minimum + additional) of affordability: .Grantee -imposed period of affordability:Rag years. J. Costs: 1. H.OME Funds (including Program Income) (1) Amortized Loan (2) Grant (3) Deferred Payment Loan (DPL) (4) Other raM Total HOME Funds 2. Public Funds 16. iJ Totals (1) Other Federal Funds ;1i':; ; : ill (2)State / Local Funds L i3 �y t,Kwf� ,,mv�., �, art y a F sx`. a °,e :Ed (3) Tax Exempt Bond Proceeds `0 Total Public Funds 0o 4 3, Private Funds (1) Private Loans . (2) Owner Cash Contribution (3) Private Grants INV Total Private Funds 4, Low income Housing Tax Credit Proceeds 5. Activity Total or Total This Address $,D • R H'r'°r.a,a This material is available In an'accessible format upon request. Page 2 of 12 CD/64f4201S PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and multi -address activities) K. Household Characteristics. (Use codes indicated below.) Household Unit# er +rmsr Occupant Total Monthly Rent ' /:Median: , Hispanic? Y1N -� Race iz- � �,�Ir='wrir,i R y - Sr r : ,, s;i �; Mal f NN�� �'.L.'�sSl! 'm14, re wf !;<iziri: .L'{ wl PREY: W .c;il:a x:.4l r'> .. s6li .SI. FA' I.i E::;F;�^�'r.: jLjz41 __ : ly4 ri y.: ..;,.+.�MyJLx „�'+_I v MOO �l'I-9 T.. ? 71� � ..,�' t �' , 1��1 - ;, . �.-htf.N U I:i J: .l' IM1 I__a' ll- E7'N'F. i � 11' i ,.:._. ?»"I i l'I' r'!I J� :.'j . d .; 1= I Eaf i" F�. 31 _�.: l Lei m { —' �lil .5�, r�I�-> ;'f �I' [[[.,,� [RI 21 figs!^-i,,:. fi k�'1., j it a.�'3 NI : -1 _I S'i.: .:2tiiv Ii rr, -' j •.'. t''Y�'rr�:Y 't j_v1 4 ,i ., Et `!r 107i a .� _�i I�if.= :i" i Ear �!-;H:,,. ,o .: ':i, 45. i r - : �i :S Y. 1`--",;- 3:1 'x'_S, i�_+RS;rs=F.l :'i r,4z;�. :._i i":' -. �"�-V'y=k 1 t L1:° Vri a5 ti µr.(,I II;: ''4 Ik. ` Isz.ram Et =.1 ati r_:i ;: ':II s'= ,' "', 13 .--4. ?5 liTi as S'J ..,.-. J r. .; _�,';. ._^-i.'ii r "y a 1 — p .. = y ..�` 1" '-? y--, R^'[ e!: emu.^ �` "�` .P..:,.�ife i µ,i !nr-= 4. 1 L :. tiI� _F7. l6; .N. m. 1 .. w r .,-.,i2t r'y 7:.1 . `E i: -. 0 - SRO/Efficiency 1 - 1 bedroom 2 - 2 bedrooms 3 - 3 bedrooms 4 - 4 bedrooms 5 - 5 or more bedrooms 1 - Section 8 2 - HOME TBRA 3 - Other federal, slate or local assistance 4 - No assistance Occupant 1 - Tenant 2 - Owner 9 - Vacant Unit 1i115S I ilikgi2e _ 1 -1 person 2 - 2 persons 3 - 3 persons 4 - 4 persons 5 - 5 persons 6 - 6 persons 7 - 7 persons 8 - 8 or more persons Household %.of.Median 1-0to30% 2 - 30+ to 50% 3 - 50+ to 60% 4 - 60+ to 80% Mreatikr 1 - Single, non -elderly 2 - Elderly 3 - Single parent 4 - Two parents 5 - Other Househoid.Race 11 -White 12- Black or African American 13-Asian 14-American Indian or Alaska Native 15- Native Hawaiian or Other Pacific Islander 16-American Indian or Alaska Native & White 17-Asian &White 18- Black or African American &White 19- American Indian or Alaska Native & Black or African American 20- Other Multi Racial This material is available in an accessible format upon request. Page 3 of 12 CD164142016 HAW-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (tor single and multi.address activities) K. Household Characteristics. (Continued) Household Unit # .1,141:7. ...,, 1,Z..13s1 , l• Occupant Total Monthly Rent • '".r PAlm6dtah. _......._ Hispanic? Y 1 N • • Race .. -_,..„...-....., --4.7.4,'-'ilt-it..4"i-- ...,Artaargm_:-.1. r— L ?' ......, 2 11Z-Z 5-',F4lik :fizo P,....' Fe; gr fir: !!..-2?-1--ra tr! . ogi=r7 . ;,,till 41 ,1.,i .,11 qii3ogi v,:g4117LAi. . 11,1 ..„, ,..., ;!V•,,i'll'•,.., t•e' g• :IiI0S0 `7•',' .qT7',..' tE ifv,-F•!:!::',:l',' 6! 6 .: 5:FiaM :!,*Ip.r.:!•.1.1 PC :4; I'v.4!:: .1. ,:. •P icr'e,i;4!0 ilKt.g.4; ti! 4. roi 44'1104 i 41 WO Vi'l. 1,1$ '..T. F.. Wiaq. ' 2 I filmfAT! P . Fi 1 qi iLtrt, 1E1 ra — o pi If 0 I rrp:dv--Lq, 71 ltItA ql 1. El .v lll REER r ' -LY4,7.r.t1 CI .' 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Y, .•'5:7.F•Ti •••••L•ry '''.' 7:;-: L.t.ihtta 14!:44!,1t-f,!'• P-V,•!* 4' 2 1,-7,,, '. '4..•-.3.1.`f• Mr411:: !.?j1•401.t.Z 1 ..,R Z Et'r'Ar.W. 4LF•44-,-711 r! 2- E..,-,.;-.4• ,,,_.,--,t...„, ••‘••.:7•1 ro 3:-. Et,f1 .0 c,• W 1;5 t7.1-k. ii, U-2.1.j.tai PIS t EEO ::;:i 4-.1V71 .A.,,, •,..:0_z74 P . ;,,t,:-g11 r-r1 g..,, f,,,-.3a d.,:ti ET 7 4 . :7i ti: l• '0.75.4`,27,,, f • 61. 10' , 1,VgqTa!:.1 A'•1•7PMit l'i T1=71 *".:4" ra ''' , .Z., 9 r:_!--7.;,,,,,..e.• Il F. .t7S ill r-i' ri i'I TEM , 4 F-1 r1.1:ir v, g ,-..1; rai' FJ PER rA !''' it.,,,,,thd fli .... 2 P This material is available in an accessible format upon request. Page 4 of 12 CD/64/42016 M.;A l-PAD>= PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Farm HOME Program (for single and multi -address activities) Instructions on Completing the Rental Set Up and Completion Forrn Read the instructions for each item carefully before completing the form. The purpose of this report is to assist with the collection of information to be entered into HUD's Integrated Disbursement and Information System (IDIS). • Applicability, This report is to be completed for each project activity assisted with HOME funds, ■ Timing. This report form is used to setup an activity in IDIS so that funds may be drawn down and to complete the .activity so that the HOME Program reporting requirements are met. Attach.rbnts :I=xecuted agreeme.rit_ ith.t iegrant recipient must:.be attached.:With::this form SET UP RENTAL ACTIVITY (Page 1) A. General Information. 1. Name of Participant. Enter the name of the agency administering the rental activity. 2. 1DIS Activity ID Number. Enter the activity number assigned by IDIS and provided to you by your HOME program officer. If this is the original submission, the IDIS number will be provided after submittal of this form. 3. Activity Name. Enter the name that the grantee -or sub -grantee has designated to the activity. :.ofeumva 0 latlo '._P:h.;;„, ° Ctl7lle oberops�byApravl aasectloby a" a fo no ttl- G. Special Characteristics 1. Check any that apply. �e1 infrast re housrn vy5 l STrli This material is available in an accessible format upon request Page 5 of 12 CD164/42016 mlAmmADE ?fie t4E� PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and multi -address activities) �e� =r�� RS . set -.et elk. e �or�S:� :-.1-7407,::' ?iorsolydat.� ec ionkga,. .e).,_ __ . (2) Local target area is defined as a locally designated non-CDBG strategy area targeted for assistance. (3) Presidentially declared major strategy area is defined as an area declared a major disaster under subchapter IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (4) Historic Preservation Area is defined as an area designated for historic preservation by local, state, or federal officials. (5) Brownfield redevelopment area is defined as an abandoned, idle, or underused property where expansion or redevelopment is complicated by real or potential environmental contamination. (6) Conversion from non-residential or residential use is self-explanatory. An example is converting an old warehouse into rental units or condominiums. SE ac r-1e b oad i:o a e Mith e. Loco edi ra tl ra tr < urea ® s atesozon • uen .l.aso_ ac �Woth basic-i rn a0N w 2. Faith -Based Organization. Will this activity be carried out by a faith -based organization? Check "Yes' if it is known or if the organization declares itself to be a faith -based organization. If not, check "No". D. Activity information 1. Activity Type. Check box to indicate the type of activity. (1) Rehab Only. A HOME -assisted rehabilitation activity that did not include acquisition of real property. (2) New Construction Only. Any activity that involved: (a) the addition of units outside the existing walls of the structure and (b) the construction of a new residential unit(s). (3) Acquisition Only. Acquisition of a structure that received certificate of occupancy at least 13 months before" acquisition, which did not require rehabilitation and which is being used to provide affordable housing. (4) Acquisition & Rehab. A HOME -assisted rehabilitation activity, which included the acquisition of real property. (5) Acquisition & New Construction. A HOME -assisted new construction activity, which included the acquisition of real. property. This includes acquisition of a structure that has received an initial certificate of occupancy within a one-year period prior to acquisition. 2. Property Street Address. Self explanatory. For multi address activities enter a general description of the project location. 3. City. Self explanatory. 4. State. Self explanatory. 5. Zip code. Self explanatory. } ;1 r This material is available in an accessible format upon request. Page 6 of 12 C0164/42016 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and mufti -address activities) 6. County code. Enter the county name or code. (Check with your HOME program officer for your county code.) 7. Activity Estimates. HOME Units. Enter the estimated total number of units (upon completion) that will receive HOME assistance. 8. Activity Estimates. HOME Cost. Enter the total amount of HOME funds requested for the activity. 9. Multi -Address? If the activity consists of more than one home, check "Yes" so that costs and beneficiary information can be reported for each address at completion. E. Property Owner/Developer Information. 1. Property OwnerlDeveIoper Type. Enter code to indicate the type of property owner/developer: (1) Individual (2) Partnership (3) Corporation (4) Not -for -Profit (5) Publicly Owned (6) Other 2. Property Owner's/Developer's Name. Enter the name of the property owner or developer. - 6. Owner's/Developer's Street Address, City, State, and ZIP Code. Self-explanatory. COMPLETE RENTAL ACTIVITY-(pages-2 & 3) F. Activity Information. 1. Activity Type. Only if the activity type has changed from set up in a1, -check the revised completion activity type in the box. 2. Property Type. Check box to indicate the type of property assisted: (1) Condominium (2) Cooperative (3) SRO (4) Apartment (5) Other 3. FHA Insured. (For single address activities.) Check "Yes" or "No" to indicate whether the property's mortgage is insured by FHA. 4. Mixed Use. Check "Yes", if the activity is designated in part for uses other than residential but where residential living space must constitute at least 51 percent of the activity space. Check "No" if the activity is not mixed -use. 5. Mixed Income. Check "Yes", if less than 100 percent of the activity's housing units qualify as affordable housing as defined in section 92.252 of the HOME regulations. Check No if the activity is not mixed -income. 6. Completed Units: Total Number: HOME Assisted: Enter the total number of completed units and the total number of HOME assisted units. G. Property Address. (For multi address activities.) 4-W4 This material is available in an accessible format upon request. Page 7 of 12 CD/s4I42016 MiA#4l-r iPDE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and multi -address activities) 1. - 6. Building name, Property's Street Address, City, State, Zip Code and County Code. Self-explanatory. Note: Each unit .or apartment is not to be entered as a separate address. A multi address activity would have more than one building. H. Units. 1. Of the units completed, enter the number for: • Total and Home -Assisted Meeting Energy Star Standards. Enter the total number of completed units that meet Energy Star standards and the number of completed HOME - Assisted units that meet Energy Star standards. Energy Star applies to substantial rehabilitation. It is a system for achieving and verifying a level of building performance with respect to energy efficiency. Energy Star homes are independently verified to be 15% to 30% more efficient than those built to model IECC standards. The performance level is certified by third party contractors. The Energy Star label should. be prominently displayed on the home's electrical distribution panel. See www.energystar.gov for more information. ▪ Total and HOME- Assisted 504 accessible. Enter the total number of completed units and completed HOME assisted units that are 504 accessible. ▪ Total and HOME Assisted Designated for Persons with HIV/AIDS. Enter the number of completed units that have been designated for persons with HIV/AIDS and the number of HOME -assisted units designated for persons with HIV/AIDS. Of those, the number for the chronically homeless. Enter the number of completed units and -HOME-assisted units that have been designated for chronically homeless . persons with HiV/AIDS. (Chronically homeless is defined below). Number of units designated for the homeless. Of the total number of rental units in the activity, enterthe number designated for the homeless. Homeless is defined as: (1) an individual or family who lacks fixed, regular, and adequate nighttime residence; or (2) An individual or family who has a primary nighttime residence that is: (a) supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional. housing for the mentally Ili; (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. • Of those, the number designated for the chronically homeless. Of the number of units designated for the homeless, enter the number designated for the chronically homeless. A chronically homeless person is defined as an unaccompanied homeless individual with a disabling condition who has either: (1) been continuously homeless for a year or more, or (2) has had at least four episodes of homelessness in the past three years. A disabling condition is defined as a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability. For the purpose of determining chronically homelessness, a homeless person an unaccompanied individual sleeping in a place not meant for human habitation or in an emergency homeless shelter. This material is available in an accessible format upon request, Page 8 of 12 CD/64/42016 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and multi -address activities) I. Period of Affordability. If you are imposing a period of affordability that is longer than the regulatory minimum, enter the total years (HOME minimum + additional) of affordability. Grantee imposed period of affordability: years. J. Costs. Include all HOME funds used for the activity and all other funds (public and private). Do not double count. If private funds are used for construction financing and those funds are later replaced by permanent financing, do not report both. Report all HOME funds expended on the activity. (Note: Federal regulations specifically prohibit paying back HOME funds with HOME funds.) -For funds other than HOME, to the extent a choice must be made to avoid double counting, report permanent financing rather -than construction financing. The total amount of HOME funds reported in the block titled "Total HOME funds (Total Items (1)" must equal the total amount disbursed through IDIS for this activity. 1. HOIVIE Funds (Including Program Income). (1) Amortized Loan. Enter the amount of HOME funds provided for this activity in the form of an amortized loan. If there are multiple loans, enter the interest rate and term of the largest loan. (2) Grant. Enter the amount of HOME funds provided without any repayment requirements. (Note: A grant may be used to reduce the principal amount borrowed, a principal reduction payment, or the effective interest rate, an interest subsidy payment, on a privately originated loan.) (3) Deferred Payment Loan (DPL). Enter the amount of HOME funds provided through loans where pay -meat of principal and interest is deferred until a future time and enter the interest rate and amortization period, if any. A DPL is some times called a conditional grant (e.g., repayment is required when.the property is sold, or is forgiven if the owner does not sell the property for a specified number -of years or repayment of principal- and interest starts after the bank loan is repaid.) (4) Other. Enter the total amount of HOME funds provided for subsidy funding that is other than the type of loan/grant assistance identified in the above items listed in (1) through (3). Total HOME Funds. Enter the total of items (1) through (4) as the amount of HOME funds expended. 2. Public Funds. (1) Other Federal Funds. Exclude any HOME funds expended. (2) StatelLocal Funds. (3) Tax Exempt Bond Proceeds. Report funds used for development costs only. Total Public Funds. Enter the total of items (1) through (3) as the amount of Public Funds expended. 3. Private Funds. (1) Private Loans. Enter the amount of all of the costs that have been paid with funds obtained from private financial institutions, such as banks, savings and loans, and credit unions, and enter the interest rate and amortization period of the loan. If there are multiple loans, enter the interest rate and term of the largest loan. (Do not double count.) (2) Owner Cash Contribution. Enter the amount of all cash contributions provided by the project owner. E%,-: c: This material is available in an accessible format upon request. Page 9 of 12 CD/54/42016 MiAMt-D4PE (3) PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and multi -address activities) Private Grants. Enter the amount of cash contributions provided by private organizations, foundations, donors, etc. Total Private Funds. Enter the total of items (1) through (3) as the amount of Private Funds expended. 4. Low -Income Housing Tax Credit Proceeds. Enter the total amount of syndicated Low Income Housing Tax Credits provided. • 5. Activity Total or Total this Address. Enter the sum of totals for HOME funds, Public funds, Private funds, and Low -Income Housing Tax Credit Proceeds. K. Beneficiaries. Complete one line for the head of household of each residential unit that occupies a HOME - assisted rental unit. • Unit Number. Enter the unit number of each HOME -assisted unit. ▪ Number of Bedrooms. Enter 0 for a single room occupancy (SRO) unit or for an efficiency unit, 1 for 1 bedroom, 2 for 2 bedrooms, 3 for 3 bedrooms, 4 for 4 bedrooms, and 5 for 5 or more bedrooms. . Occupant. Enter 1 if the unit is occupied by a tenant, 2 if it is owner -occupied, and 9 if it is vacant. Note: No more than one HOME -Assisted rental unit cart be owner occupied. • Total Monthly Rent. Enter the actual rent, including utilities, to be paid by the tenant at the time of activity completion (to the nearest whole dollar). If the rent includes utilities, or, if the rent includes .partial utilities, e.g., heat, but not electricity, these utility costs must be added to the Gent. Compute utility costs for the area (and in the case of partial utilities, compute costs for utilities excluded from the rent), by using the utility allowance schedule produced by the Montana Department of Commerce Section 8 Program. Note: For owners, enter 0; for tenants,. enter the total monthly rent (tenant contribution plus subsidy amount). • Household % of Med. For each occupied residential unit, enter one code only based on the following definitions: 1. 0 to 30 Percent of Area Median income refers to a household whose annual income is at or below 30 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 2. 30+ to 50 Percent of Area Median Income refers to a household whose annual income exceeds 30 percent and does not exceed 50 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 3. 50+ to 60 Percent of Area !{Median Income refers to a household whose annual income exceeds 50 .percent and does not exceed 60 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 4. 60+ to 80 Percent of Area Median income refers to a household whose annual income exceeds 60 percent and does not exceed 80 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. • Household Hispanic? For each household assisted with HOME funds, enter the ethnicity of the head of household as either "Y" for Hispanic or Latino or "N" for not Hispanic nor Latino. Hispanic or Latino ethnicity is defined as a person of Cuban, Mexican, Puerto Rican, South/Centrai American, or other Spanish culture or origin, regardless of race. The term, "Spanish origin," can be used in addition to "Hispanic or Latino." Oilv3rw4 This material is available in an accessible format upon request. Page 10 of 12 CD/64142016 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and multi -address activities) • Household Rate. For each household assisted with HOME funds, enter one code only based on the following definitions: 11. White, A person having origins in any of the original peoples of Europe, North Africa or the Middle East. 12. BlacklAfrican American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American." 13. 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. 14. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains affiliation or community attachment. 15. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original. people of Hawaii, Guam Samoa or other Pacific Islands. 16. American Indian/Alaska Native & White. A person having these multiple race heritages as defined above. 17. Asian & White. A person having these multiple race heritages as defined above. 18. Black/African American & White. A person having these multiple race heritages as defined above. 19..American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above. 20. Other mri ti_racial. For reporting individual- responses that are not included in any of the other categories listed above. NOTE: Collection of information on ethnicity and race is mandatory. If the tenant won't volunteer the information, the person filling out this form should make his/her best guess. (See EXHIBIT 5-E - INDIVIDUALDIRECT BENEFIT RECORDING FORM in Chapter 5 of the HOME Program Administration Manual. • Household Size. Enter the appropriate number of persons in the household: 1, 2, 3, 4, 5, 6, 7, or 8 (for households of more than 8, enter 8). • Household Type. For each household assisted with HOME funds, enter one code only based on the following definitions: 1. Single, non -elderly. One -person household in which the person is not elderly. 2. Elderly, One or two person household with a person at least 62 years of age. 3. Single parent. A single parent household with a dependent child or children (18 years old or younger). 4. Two parents. A two -parent household with a dependent child or children (18 years old or younger). 5. Other. Any household not included in the above 4 definitions, including two or more unrelated individuals. ▪ Assistance Type. For rented units, enter one code only to indicate the type of assistance, if any, being provided to the tenant. a;, This material is available in an accessible format upon request. Page 11 of 12 CW64/4201B MIAMI- DE zN PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Rental Set Up and Completion Form HOME Program (for single and multi -address activities) I. Section 8. Tenants receiving Section 8 assistance through the Section 8 Certificate Program under 24 CFR part 882 or the Section 8 Housing Voucher Program under 24 CFR part 887. 2. HOME TBRA. Tenants receiving HOME tenant -based rental assistance. 3. Other federal, state or local assistance. Tenants receiving rental assistance through other federal, state or local rental assistance programs. 4. No assistance. Self-explanatory. This material is available in an accessible format upon request. Page 12 of 12 CD/64142016 Pubflc Rousing •and Comm.:laity Development . . . Co.utt 1Efoor. Marn FL33136-3914 T78-465-4100 F 785-469.-419 .mtamtetare.Oov arliis Gimenezi Mayor September a, 2014 Mr. Ola b. ,AitIko PreSident/CE0 St John COrrirriunity..Development:DorpOration, Ino 1324. NW 3Td Avenue miami, FL 3:8136 'Envirblienentai Clearan Finding of NO Significant Impact _TOW Dear M. PUbb Housing and Gorrirclunity deVeloprnent (PHCD) hereby certifies that the adtiVity referenced bel6W has been feViewed.andiSstied an e.nVironrriental clearance. Agency Project Title- a Description Project Funding St. JOhn Conirnunity Development Corporation, Inc. St John Village- Apartrrienta — Rehabilitation of a multi-ropily:apartment cprripteK CpMprised-of 10 Ctnit S for low-td-matierate income fries. Location : 140 NW ill Place, Miami,. FL. - $200,000 of HOME C17100 2013 total Projett 'Cost =..• $508,356 Please: be adVised •that the site is .envirenfientally ap-prOVed for the expenditure of voojooti of HOME Q.E.IDp 413 Program "funds, per 24 CFR: Part 5S, -Specifically, United States Department a HoOSing and Urban DeVelopmerit (HUD), haS, considered *all objections and ' observed fhp minimum waiting period for pubkc comments with an issuance of an Authority to Use Grant Funds. apOrOval on June 26, 2014. Should you have rly-questlorisi peas e oontoct,Selep41/Villiatris at 766469-4160. Sint Selena Williams Division Director Attachment o: Fite Carlos A GrneneZ Mayor Ocibber 22, 201:5 -1)14 Alnico Presjcippt IC:FQ St John ApOrtilphts. Community Development Qprporation 1324 NW' 3rd Av6ni.i FL,31.85 RqT. EnvorgrIeritgi.Q1eamive, 24 CFR, 5 35(b) cateorica11y Excluded (not:subject to Housitig ancl..Corrifroinity Development 701Foy, iCoUrt, 14th Floor Miltar FL, .3136-9'1.4 1-7864684100 F 780-469-4i 99 tolaniiclacle40oV Dow- Mr. Alc4k0f Public Housing and Community Development (Pilco) hereby certiiles that. the St John Apartments Coprriopity, DevelopmentCorporations .St Job Apartment: :activity, loo*cl at. 1446 NW isk Nate has been reviewed apici...determed to be,a eqtegd_ricelly erclUded 'acfivity per 24 itiAy be..ubjeOt tbprovisibrts of 24 CFR 5, as:applicabja, Please J. advised Ofipt the .sit 'enronmentOy *proved fOT the Qxppriditureki of this solipi6hiqitOf assisfance Of.$02,117 irr FY 2014 HOME Rh/WOO. aitedoe. Arpottrn.pn% 'Ot•Fe -1411A14DADE-.4" M-d'r -110-.T2i Project St Jahn ApadtnentSli Project Descriptidn: Rehabilitation pf a:10 unit apartment building LocatiOr14:45: l\IV.V.tst Street Miami, FL. FUnding Source: ODIE3G —HOME X. ESG _HOPVVA.— EDISP. Giant Other Funding Amount. $pl FY.2014 CrtifiOpti.pg�f cateoribOi EXClus.ton Opt subject to 5,8.5) Determination 'of aotivitieS:per 24 CFR. 68.35(b) -May be subject tp provisions of 24 .OFF 58.6, asappliCabje: ... .. TeriantLbaSed rental .assiStarice; • 2.. Supportive services inOludirig.,but riot limited to,. health oare;.. housing services,.permanea hou§kig PfAcerrient day ore,:. nutritional SerViCe.sn, shcirt-terip payments for tentirnoftgagefutility oOsts,,.and. assistance fh 'gaininq aodeSs. to label, State, andFederal gOverriment benefit's and. SerVi6ek . .. ... . Operating costs inol.lidin'9 tninfer,lende,,;security,. -operation, '.ufillties., furnishings; Ouiprrient, supplies, Staff -training and 'recruitment -andother incidentatoosts; 4. Fcprlomi.p. development .actiV‘ities, inCluding but not limited tO.i.eddi.Pnierit. pfir6hasei.inventorl) finariCing-t interest subsidy, operating expenses and similar costs:. not .assooiateci with construotion::or expansiori of' existing operations; $, - rWivities to -asSist barnebuyers to. 'plidii6se existing _dwelling units or ,dwelling units. under constructipn, including clp.Sfrig .costs and: down-payrnenf a$sistann-e, interest buy cfowri, .and Similar. acilvlttes. filat testilt in thetransfer oftitle. 54 Affordable housing pre -development costs it -lauding 'legal,. consulting, developer and. other c-,oSts, related. to .pbtaiiiing Se..cption.s., priledt financir0; adentniStrativ6 cbstS .and fees: for loan cathrhitnents„ zoning approvals; and other related activities which do not; haye -a physical impact. X 7. ApPrOVaf of ,SUpPleirien61.aSsisthnce (including insurance or guarantee) to a:project previously approved: under this part, jf the approval: is Made. by 'the same : responsible entity that concluaed. .the environmental review on the original ;.projeat and re-evaluation of the environmental findings is not required under 58,47, • If Our, .prOjea faLis WO any Ofthe aboVe:categdries,.You cis not have to subrri4. a .RequeStfqr Release of Funds. tpflon, and no fOrther approval from HUD WLII be needed for the drawcibwit qf fpncis, .However, the. 136Spontible Entity Must still document in .writing is •Otimplidnde. with antlidr. apPlicabey of 'other reguireenent?.per 24 '0.FR'58:6.(inclqcleci with. this document). 13y signing beloW the Responsible Entity:, certifies in kiiritind that tath activity or prpjpct Catepripally: Excluded au_lajpq't9 and, meets. the: conditions speo*d,fdr such dgterrninatiph per seam"24 Oft 5$,35.cb), Please keep a-cfrybUt prOje6-t Pritittnr Tit162 tflPh Date 1 1 Cp.ifipli4rite.DOOrilphiatipr! Checklist 24 OFR 58;.6:- Projea $t John ApartmentS Project Descriptiorg Rehabli[tation of a 1Ouriit aparbifert balding. ,Legation.:. 1445 NW isrStreet Miarhi,. FL Level of EnvirOnrrientalRevieW Determination: Categorically excluded riot gPOieGI to 585 .0t4e; 'Exerppt per. 24' cFR CateOrIcaRir..pliided. nazsuWeet. E9 ptat.06;$ (Critegori5aliy ).•c41.utleri .itliject giattries per58.35();,cirEnvirorirrienW-Assessrrient per 50..crrES per 49,'.GR:1:,$PC5.). • STATUTES .AND REGULATIONS LISTED AT 24.0F a.50-0.. 'Flood Disaster Protection Act . 1., Dos :theproject rnvotve aGqulslbon, coristrudPrr Or retA01.11Won of structures located ri q FEI4N-identified -Special Flood Hard? Mo—.SO1-04e. DopyrrOptation: 'FIRM MAP ,Zone X 1 1 Yes— continuaTo Question the bernrniinity particpating inthe Natior1 Flood fnsurance Program (or hasleSS Kan -.666 Stear.PaSSed since FEIVIA.notlfroaffori. Of Special Rood Hazards)? Yes — Flood Insurance: under the 'NatiOnal :Rood Instirance Protam. must be. Ottained and Maintained forth:0 ed011Orni0fe of the prolept, IP:the amount of. the total. project cost A copy of The -flood: insurance policy must be in Me. No — recleral assistance may not be tid n te Special Flood Hazards Area unteSs the ommu nity ts.partiolpatng in. tne.Nefional RO.Q0 l'OPPrnoe- Program; doastal Barriers Resources Act 1, Is the. §rojeCt. lOoatedin:a cOasfaf. barrierfesOrPe area? Not Apptipabie --,.NorlOoestal County. No — Goastaceunties, niust eke sburCp t';ibdurnentatiOrr. . 004.61'8 MAP rx I (This el*a§rit:Id cOrn0Yetedy, Yes — Federal aSsistanOe rna.y not be used' in such -an: area, Airport -Runway -Clear Zones -and CI 6arZpiiie: Is the. project located. witbir.i. .-3";p00 feet from the end of .the, runway at. a civil .airport?, IS the project ideated. within 2.5 mileS.frbrn the end of a •tunway military airfield? Nto — Source Documentalion7' IliternationafArivat frhjs elarr-int cor4lefe4 Yes — COntinVe!t0 g.tiestion 2, Mies the.: prbjeot.-rnvoJV The 'propeitY •vgalifrt- P. 0'4 Airportz Runway ClearZerie 'Or a MiRaiy-, inStallatites-Cleat Z01,07 ' .N.0.— Source Documentation: . . Yes — A disciostra.statethent. inut; be; provided to buyer and a cOpy'9.f must t•;?,rnair:ItAinsj jn ti* EnYlroninental Review:Et -eooi•,d, Sonia Colnn lease F' - • SfanatO TiT rip* Title 1191/41/c Dite REVISED .SUBMISSION viiikpii-DApE-puBwe Ooppijsit AND cpkivi.)Nr(cr pEm.pp.iwNTAPHG 11.4FoRIV41104OR E.NVIRONLIENTAL REVIEW FORM INSTFO.UCTION: Per .24 'CFR Fart 58, the riurpnse.or thel-environinental review. 06.60, ure.6.1,to •fopter the itnpierneritation of errstironmentaliy compatible aothritib§.. Ai• ganprloan recipient, Miami-Dade.CourtyWilf not fund predeots. Wit will rioga..tiveN impact 41ents, Oorrirrinnitle, the emtirontnent. Part. 1.• AGENCY AND PROJECT DETAIL 1, Indipaterunding. Source: Cl q0E§8 HOME E] FIOMELEtS (SRO/SHP): fl EDI Indicate Fiscal Year FY ati 3. "Nagleof SO-recipient/Agency! (i7 D Hc.:PVl 0 NSP $7.17. JOIHN 'APARTMENTS POMMUNITY DEVELOPMENT CORP 4. Name af- proposed Activity:. $L JOHN ATWNTb: II 5, .I_Otatinn,..(Aildress with Pity.,.8T. and Z17 i Activity-tr•Prciject-, 1445, NW: iST PLACE MIAMI, FLORIDA 3.3135 5, Site Rik, Number* 01-.3136-051,04J0 7. Commission Drstiict(4): Med Contact infortnatIon dtahftiit red Olentt Name: OLA 0-AL,L/KO. Acritlmss-,:: 1324 NW 3R0 AVENUE • gitv:.. IglAtVil State: FLQ.RIDA .Zip.; 33136 .r Phone: Z0.5 :872 0682. Fac, 3.115 381 .957:4 . .. Detailed '.d.e$brii5flon ofaCti9.1.tar:Peojett. Mrs s.a10 unit thhab". rerita delia1ngirtent_WithfO4t. 2 bedroom one baih nd sx 1 bdroom 1 6affi'priftt.•: fPrtPi.ivrThtc!rtlo 10. What is the -purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. H1.37P01f 11. What is the status of activity or project? For example, Pre -Development Phase, Rehab/Construction Underway, Rehab/Construction Completed, etc. PRE DEVELOPMENT PHASE Part it. PROJECT OUTCOME Will the activity or proiect result in the foIIowing? YES NO X 1. Change in use X 2. Sub -surface alteration L€.e. excavations) X 3. New construction X 4. Renovation or demolition X 5. Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc.) X 6. Building improvements (windows, doors, etc.) X 7. Displacement of persons, households or business X- . 8. I-ncrease in population working -or living an site - X 9,. Land acquisition X 10. Activity in 1P,U-year floodplain X 11. A new nonresidential use generating -at feast 1,375,000 gallons of water or 687,500-gallons of sewage -per day. X 12. Use requiring operating permit (Le. for hazardous waste, pretreatment of sewage, etc.) X 13. A sanitary landfill or hazardous waste disposal site X 14. Tree removal or relocation X 15. Street improvements X 16. The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of water). Part Ili. SITE SPECIFIC INFORMATION 1, Land Use: Describe the existing and proposed land use: • Existing? The existing building is a two story 1 D unit apartment building that consist of four 2 bedroom units and six 1 bedroom units all with one bath each ▪ Proposed? Rehab the entire building both interior and exterior • Does the site have any known contaminants? ❑ YES d NO • If there are known contaminants, has a Phase I audit been completed? if yes, a copy of Phase I Environmental Audit certified to Miarni-Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. ❑ YES 2. Site Plan: N/A ❑ NO Does the proposed activity include a new structure(s) or site improvements on a site of one (1) acre or more? ❑x YES ❑ NO If yes. a site plan must be provided. Protects) will not be environmentally reviewed without a site plan. 3. Photographs: Does the activity include new construction, renovation or rehabilitation? 1 YES ❑ .NO If yes, photographs must be provided of each side (front, rear and sides)_ef the structure(s)-proposed. for assistance and the buildings on the adjacent lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site, the following information, a Existing structure(s) on site? YES ❑ NO Estimated age of structure(s)? 54 Part of current new construction for project 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)7 ® YES ❑ NO If yes, what is the estimated cost of rehabilitation or renovation? $812,117 What is the amount sought for funding? $612,117 of which $200,000 has already been allocated In addition, indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74,9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 3 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 or a loan for nonresidential parcel? [IYES 0 NO if yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and underground storage tanks (available through the Department of Permitting Environment and Regulatory Affairs (DPERA), Florida Department of Environmental Protection (FDEP) and U.S, Environmental Protection Agency... (EPA)); and site- inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? 6. Environmental Health Information: I] YES ❑ NO • If aresidential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑- YES Q NO If yes,- please submit the results. • Have any -child under the age of six at the site been tested for elevated levels of lead in :he body? ❑ YES x1 NO if yes, please submit the results. 7, Other Site Information: YES NO 1. Flood insurance required? x 2, Public water available on site? x 3. Public sewer available on site? x 4. Children under6 years of age residing on site or relocating to site (including day care facility)? x 5. Hazardous waste disposal facility? x 6. , Storage of hazardous materials on site? x 7. Abandoned structure(s) on site? x 4 Part:IV, 'SUPPLEMENTAL REQUIRED DOCUMENTS Requited Submittal Oacurnents: 1. .ro.r.a.11 projects: Snlirriltatreetiplat mapsIhatdepiotlooation Elf property In the tounty: and/or City - With the la -cation o tetclearly- parted out n Foe' new construction orojeotk Submit a scopeof servibe., a temIzed hudget,and a site: Oen. Per hdusingibUildind rehabilitation projects only: Submit a scopeofserviceran iterated budget describing, the -MajOroomporients of the rehabilitation, program planned, and a photograph of the OitePerty, 4. For historic proPiteas, 'include: Submit photographs of the property, and :a description of any edjaeent hiatoric properties that Maybe affectedby youractIvity. Pali V:. tERTIVICATIDN ertify. to the accuracy of the information provjded 1 understand that all:funded activities 'must have an approved environmental reView clearance prior to the cornMen Ceroept cf. projects - t clearly understand that any omitted andlor incorrect infcirrigaticm deity tl* :initiation of the environmental review process by the PHCD staft As such, I AM aware that ontitted information could delay the: commencement, of my organization's project: i understand all approved. environmental reviews are valid for one CO:year 'mum. OLA O. ALUKO: Print. Name ST.Acti-Oop.MMOStiTy DEVELQMENTC�FPORkIIPN, NC Nate .of Organization or Cipro.oration PRESTOENT/CEO Title S.F,TEIV.ii3ER :3, 20.14 UnleSS otheiwise indicated,return 'completed f�rm and attachment -sill P-rtlect Managernent Divierien: Public and Cerrirtiunity Development Nyv•V•poun - 14P Floor Fda:331:36 TTPESOF'ACTIVITIESAND ENVIRONMENTAL GUIDELINES TRI.G.GERED- Oate Type &Activity . . EXEMPT* CENST" . , . CESTrA . / EA ECOnOnskic Development - i\lew:cehitrUctleh 14.W.-Ja..0 Woh-"deristruCtiontExpantfon. X X1 . .k •k. ' : HOISttlig . Slararrii.l..Rehab, Millti-Fathiii:Rehab: NeW C.oristnictieh Hbri-160.hel-sh 45 Assistance ! Affoidb:16.1-10Whd- Pe -Le. . . . . X X X', . X? X . aPifra! itTiPrPvernPflt Handicapped Access public .Facilihes . X & 5 infrastructure Xs Xz Public Services Employment Crime Prevention Child Care Youth or Senior Services Supportive Services X X X X X Type of Publication No Public No Public No Public Notice/No Publish Notice/No Notice/No RROF (No Statutory FONSI and RROF RROF Requirement NDI/RROF Triggered) Or Publish NOWRROF . (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30-45 Days 30-45 Days 45-90 Days 90. Days Triggered Statutes) Minimum Xi If for continued use and change in density (or size) of less than 20% Xz Change in density (or size) of more than 20% ***ft Exernpt Exempt Activities- CENST Categorically Excluded and -Not Subject to 5815 CEST Categorically Excluded Subject to 58,5 EA Environmental Assessment (Format -II) 6 C D/43/31413 59-2657550 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniforrii Affidavits 825023653 Federal Employer1dertlifiration Number(FEIN) Dun & Bradstreet Nunsber (0.J-1i-S ) ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. A) Name of Entity, Indivsdual(s), Perinea ar Corporation H) DoingrBus"rnesaAs (if same as'lina A, leave hank) 1324 NW 3RD AVENUE Street Address (P.O_ Box Number Ss not permitted) MIAMI FLORIDA City State {U,S,A) MIAMI-DADE 33136 Country Irp Code f. MIAMI-DADE COUNTY' OWNERSHIP DISCW:SURE AFFIDAVIT- (Soc. 2-8.i of rho Morn€ -Dade Comfy Code) Fuss registered to do business with Miami -Rode County, shall require the person contracting or transading such business with the County to disclose under oath his or her full legal name, and b.tslatess address. Such contract or trarrsacfionsha)I arso require the disclosure under oath of the full Segal name and business address of sit inciNkluals having any interest (legal. equitable, beneficial or otherwise) in the contact other than subcontractors, matey atmen, suppliers, laborers or lenders. Post office box addresses shall not be accepted lieretenri&r. if the contract or business transaction is with a corporation the foregoing information shall be provided for each officer and director and each stockholder holding, directly or indiredly, five (5) percent Dr more of the outstanding stock in the corporation. It the contract or business transaction fs whirs partnership, the foregoing information shalt be provided for each partner. if the contract or 'business transaction is with a trust, the foregoing information shall be provided for the tnsstee and each beneficiary of the trust The foregoing disclosure requirements shall not apply to contracts with pubrrcly- traded corporations, or to contracts with the United States or any dnnarbrnent or agency thereof, the Stale or any political subdivision or agency thereof, or any municipaJty of this State_ tls.& duplicate page if needed "far additional names. if no officer, director o+-starkhw/der own. (S%,) ormvre ofstock p/- write None" below. FULL LEGAL NAME MLLE ADDRESS NONE OWNERS I CHECK 9axE5 Baow FULL LEGAL btA.mE 717LE a re re us . o ze ADDRESS GENDER RACE I ETHNICITY M F 'S Li n ]= 0 Fs g I C w 1 a m z � IF 8. Q NONE if a percentage of the firm I¢ Awned by a publicly traded corporation, lndlrata belosvla the space Other Carporaf ores . 0111ER CORPORATIONS T • Pagel ors CDf4213i413 PUBLIC HOUSING AND.COMMUNITY DEVELOPMENT (PHCIJ) ATTACHMENT E AFHI DAVJTs Uniform Affidavits Z. MIAMI-DADECCUNTY alPLOYMENT DISCLOSURE AFFUJ.41I1T (Co'up(Ordinance No, 9O-133, arrze»ding Section 2.8-1(d) (2) or the Miami -Dade County Coda) The fo€lowing infomnation is forcompfaance with all items in the aforementioned Section: 1. Does your firm have a collective bargaining agreement wilt its employees? Yes No 2. Does your arm provide paid health care benegs for its employees? Yes No X 3. Provide a current breakdown (number of persons) in your krm's work force indicating race, aatianai origin and gender, 'Mite Btadt €iisparrlc Asians t Pacific Islander NativeAmerican 1 Alaskan Native Outer Total Number of Employees fJU11F8ER OF EMPLOYFES Males . Females 1 3 1 1 4 5 Total Empioyees rNt4M1-DADEEMPLOYMENT PRUG-FREF WORKFtAC-C AFFIDAVIT (Sadler; 2-9.1.20) of the Miami -Elide County Code). All persons and entities that contract with hiliarnF-Dade County are ser4uired to nert>iy that they will maintain a drug -free workplace and such persons and entities are required to provide notice to-emptoyeesand knrns.. sanctions for drug violations occurring in the workpiara. In comp€lance with Ordinance No. 92 15 of the Code of Miami -Dade County, the above warned firm is providing a drug -free workplace_ A written statement to eadi employee shall inform the employee about: 1. Danger of drug abuse to the workplace 2 The ftmt's po?icy of maintaining a drug -free environment at all work places 3. AvailabiirYy of drug counseling, rehabilitation and employee assistance programs 4. Penalties that may be imposed upon employees for drug abuse violations The firm shall also require an employee to sign a statement, as a condition of employment that the employee well abide by the tenths of the drug -free workplam policy and notify the employer of any criminal drug mrwiction arsx+rrirrg no Tater than five {5) days slier receiving notice of such conviction and impose appropriate personnel action against the employee up to and Including tom* ation. Flans may also cornply with the County's Drug Free Workplace Certification where a person or entity is required to have a drug -free workplace poky by anntherlocaf, state or federal agency, or maintains such a policy of its own accord end such policy meets tare intent of this ordinance. 4, hfiA1111-AADEcowry. DISASILITY.AND NON-1NSCRJMJNA77ON AFFIDAVIT (Article t', Section 2-8. 1.5 Raselegen R-t82-00Amanding R 385,45 of the Mlarrg-Dada County Coda) Finns transacting business with bonnie -Dade County shall proVide all affidavit indicating cdmplianco with all requirements of the Americans with Disabilities Ad (A.DA). 1, stale that this firm, is in compliance with and agrees to continue to comply With, and assure that any subcontractor, or third party contractor shall comply unlit all applicable requirements of the laws including, blrt not (rented to, those provisions pertafnfrrg to employment, pinvfsion of programs and services, transportation, communications, ac-res to facillirs, renovations, and new umshuction. The American with DisabffiSiesAct of 1990 (ADA), Pub. L 161-336, 164 Stet327, 4211S.C, Sections 225 and 611 Including Truss 1, If, II), IV and V. The Rehab€frtallon Act of 1973, 29 U.S.C- Section 794 The Fnderal TrandAct, as amended, 49 U.S.C, Section 1612 The Fair Housing Art as amended, 42 U.S.C. Sedlon 3601-3631 Page 2 of 9 CD14213t413 14r.Alittoo:31* PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affidavits 1, hereby affirm that i am in coleerrence with the heioxvsections: Section 240.4(4)(a) of the rrvie of Miarni-Oade County (Ordinance No- 82.37), which requires ihaf all properly licensed arr-hrtedural, engineering, landscape architectural, and /and surveyors have an affirmative action plan on file with Miami -Dade County Section 2-8.1.5 of the Code of Miemi-Dade County, which moires That tin-ns that have annual gross revenues in excess of five (5) rnUlion d0Nars have an affirmative action plan and procurement policy on fire with Miarni-Dade Courtly. Frnrxs that have a Board of Oiredors that are representative of the population make-up ofthe nation may be exempt- 5 MIAMI-DAVE COUNTY DEBARMENT DISCLOSURE AFFIDAVJT - (Sertion 10.3E of the. MiamiDade County Code) Finns wishing to do business with Miam -Oade County must certify that rYs contractors, subcontractors, officers, principals, stockholders, or affiliates are notdebarred by the County before submitting a bid. 1, confirm that none of this lams agents, officers, principals, steckhokfers, subcontractors or their affiliates are debarred by Miami - Bade County_ s, MIA I-[3ADE COUNTY AFFIDAVIT REIATING-70 JND1WDLOLS AND ENTITIES ATTESTING B@NG CURRENT JN THEM OBLIGATIONS TO MIAMt-DAA,E COUNTY (Ordinance 924432, amending Seeion 2-8.1; Ordinance 00-30, amet c g Section 2 g 1(c). end Ordinance QO-87, amending 2-8.1 (h), of the Miami -bade County Code) Fans wishing to transact business with Miami -Dade County mud certify that all delinquent and r arently doe fees, taxes and parking tickets have been paid and no Individual er entity in arrears in.any payment under a vontract, promissory note or other document with the County shall tie -allowed to reea 'e any new business. 1, confirm that ail delinquent and cun'ently due fees or taxes including, but. not flmted to, reef and personal property taxes, convention and tourist development taxes, util'rfy'faxes, and local Business Tax Receipt collected in the normal course by the Miami Dade County Tax Collector and County issued parking tickets for vehicles registered in the name of the above firm, have been paid. 7, MIAMI..bADECDfJN YCODE OFBUSINESS ETHICS AFFIDAVIT (Article 1, Section 2-8. i(r? of the Mfarnr-Dade County Code through (6) and (9) of the Connfy Code and County Ordinance No 004 amending Section 2-11.1(e) ofthe County Code) Firms wishing to transact business with Mian,t-Dade County must certify that it has adopted a Code that wmptlas wlh the requirements of Section 2-8.1 of the County Code, The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum; require the contractor to comply with all applicable governmental rules and regutaticns. -- I confirm that ttie #hits has adopted a Coda of business ethics which complies with the regal mments of Sections 2-B.1 of the County Code, and thatsuch cede of business ethics shall apply to all business that this firm does with the County and shall, at a minimum, require the cantradorto comply with all applicable governmental rules and regulations. 6. MIAMJ-DADECOUNTY FAMILY LEAVE AFFIDAVIT' (Article V of Chapter-11, of the lMiami-Dade County Code) Firms contracting h siness with Miern Dade County, which have more than fifty (50) employers far each wortring day during each of twenty (20) or more work weeks In the current or preceding calendar year, are required to certify that they provide family leave to theiremployees. Firms with less than the number of employees hdieeted above are exempt from this requirement,bbut , n Code, indicate di to by r (signed by an arstirorized agent) that it does not have the minimum number of employ required Y be I confirrn that if applicable, this fxrn complies witi'r Article V of Chapter 11 of the County Code, which requires that firms contracting business with Mlarni-Dade County which have more than fifty (5D) employees for each working day during each o! twenty (20) or more work weeks in the current or preceding calendar year ace required to certify that they provide family leave to Page 3 of 9 CD/473314't3 PUBLIC HOUSING AND COi1i311IUNI:TY DEVELOPMENT (PHCD) ATTACH)3F1EMT E AFFIDAVITS Uniform Affidavits their employees. 9. ffilkgrf--DADE COUJT(L!VlHG WAG1=AFFWDAV1T (Section 2-11.9 of the of the lYTramf-Dade County Code) All eppticabJe contractors entering into a contract With the County shall agree to pay the prevailing living Wage required by this section ofiba Countytode. I confine trot if applicable, tills firm complies with Section 2-B.9 of the County Code, which requlrPs that aJi applicable employers entering a contract with Miami -Dade County shall pay the prevailing living wage required by the section of the County Code. 19. MIAMI DAD,E COUNTY DOMES77CLEAVE AND REPORTING AFFYDAVfT (Article 8, Section 11A-60 — 11A-67 of_the of the r4iiaml-Dads CooNV Code) Firms wishing to transact- business with Miami -Dade County must certify that it is in cbrnprmncc with the Domestic Leave Ordinance - I confirm that if applicable, this firm complies with the Domestic Leave Ordinance. Mrs- ordinance applies to employers that have, in the regular course of business, fifty pa) or more employers working in Miami -Cade County far each working day driving the current or preceding calenriaryear MIAM!-DADECOUNT YCRIM? 4iRECOF7.DAF.RtDAy7T (Section 2-16 nfte 114iami-Bade County Code) The individual. or entity-entering`lnto-a contract or rer> ivirtg funding from the County has X has not as of the dale or this affidavit been convicted of -a felony during the past ten. (Ali) Years. An officer, director, or executive cram entity entering into a contract or receiving funding from t County, has X as zi as of this date ben convidea of a felony during the past ken (10) years. gnature) Sworn to and Subscribed before me this 4 day of AUGUST t 20 1 erson li known OLA O. ALUKO Or produced identification (Type of identification) Notary Pubic -stale of FLORIDA My commission expires JUNE 13, 2017 (Ptir tell, tY ar stamped coMM ionleY of notary public) �pYt^RY. i PUS, E. SUSAN MURIEL KELLY MY COMMl8SJON # EE 874485 o, EXPIRES: June 13, 2017 "-*.OF FLU'` Bonded Tire Baugh 4wary 5ervicat Page 4of9 . CD/42)3141a PU13L1C HOUSING AND COIVIMUNiTY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS . Uniform Affidavits SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST 3E SIGNED AND SWORN TO IN T-IE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1.- This form statement is submitted to MIAMI-DADE COUNTY by OLA O. ALUKO / PRESIDENT/CEO (Print individual's name and title) rST. JOHN COMMUNITY DEVELOPMENT CORPORATION,. INC. fo (Print name of entity submitting sworn statement) whose business address is 1324 NW 3RD AVENUE; MIAMI, FLORIDA 33136 and if applicable its Federal Employer Identification Number (FEIN) is 59-2657550. If the entity has no FEl N, include the Social Security Number of the individual signing this sworn statement 2.- t understand that a "public entity crime" as -defined in paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with, respest.to, and- directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3.- I understand that `convicted" or "conviction' as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or Without an adjudication of guilt, in a federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty Or nolo contendere. • 4 - I understand that an'Affiliate" as defined in paragraph 287.133 (1)(a), Florida Statutes means: e) A predecessor or•surcessor of a person convicted of a public entity crime or; b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for Fair market value under an an'n's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 rnoths shall be considered an affiliate. 5.--1 understand that a "person" as defined in paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Page 5 of 9 COMa 31413 PUBIJCHOUSING AND COMMUNITY IJEVELOPMENT(PHGD) ATTACHMENT E AFFIDAVITS Uniform Affidavits 6.- Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement (Please indicate which statement applies) X Neither the entity submitting sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crimesubsequentfo July 1, 1989. The entity submitting this sworn statement, .or one rsr more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity bad been charged with, and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies). The entity submitting this swam statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Iho entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a 1-Tearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this swam statement on the convicted vendor list_ (attach a copy of the final order). 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY' IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH.DECE BER 31 OF THE CALENDAR YEAR IN WHICH IT'S FILED_ I ALSO UNDERSTAND THAT 1 AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTRING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVO P IN SECTION 287.017 FLORIDA STATUTES FORACATEGORY TWO OF ANY CHANGE IN THE 1NFD°M ION CONTAINED IN THIS FORM, Sworn, to and subscribed before me this (—Personally #mown OLA O. ALUKO Or produced identification day of AUGUST fl (Type of identification) Page 6 of 9 (51 3 Notary Public -State of FLORIDA My commission expires 611312017 e°0;. Y• Pb°*,n SUSAIN MURIEL KELLY at * MY COMMISSION ik EE 874485 EXPIRES: June 13 2017 N�r4pFA4 T°� pan4e¢1hN94dpgf*Any SBIVices Cbl4213141 a aoi ce Single Family House Loans MuIli-Family Housing 'Rehab CDBG Commercial Loan Project U.S.HLJD Section 108 Loan Other HUD Funded Programs Other (liens, fines, loans, occupational licenses, etc.) If YES, please explain: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT AFFIDAVITS. Uniform Affidavits AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST 1,- Do you have any past due financial obligations with Miami -Dade County? YES NO X X X X 2- Do you Have any past due financial obligations with Miami -Dade County? YES NO X If YES, please explain: 3_ Are you a relative of ur dcryou'haave any business or financial interests with any elected Miami -Dade County ❑fficiak, Miami -Dade County Employee, or Member of Miami -Dade County's Advisory Boards? YES NO X If YES, please explain: My false information pr County The answarslia_.he,feo�ng uesstions are coat -city stated to the best of my knowledge and belief_ AUGUST ( 9 , 2016 Hy: (Signature • (Date) Sword to and subscribed before rile this day of AUGUST Personally know; Or produced identification vid+ ion this arfrdavitwill be reason for rejection and disqualification of yourpmjed-funding request to Miami -Dade 20 16 (;ILA ALUKO (Type of identification, Notary Public -State of My commission expires (tAiLs (Printed, typed or raped corrrml FLORIDA 6/13/2017 of notary public ipnY a1lA 81JSANIMURIELKELLY G�j4 74K3 Page tir,pf`- �; MY COMMISSION It EE 874485 „' EXPIRES: June 13, 2017 �rcgo,vv t9hriO9d1hn Budg i Notary sinus sworn states: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHC1) ATTACHMENT E AFFIDAVITS Uniform Affidavits COLLUSION AFFIDAVIT (Cade of Miami -Dade County Section 2-8.1.1 and 10-33,1) (Ordinance No. 08-113) BEFORE ME, A NOTARY PUBLIC, personally appeared OLA O. At UKO (insert name ofaftiant) who being duly • 1 am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder andfor I am otherwise authorized to bind the bidder of this contract 1 slate that the bidderof this contact © is not related to any of the other parties bidding in the competitive solicitation, and that the contractor's proposa# is genuine and not share or collusive ar made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, farm, or corporation to refrain from proposing; and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other_propr r. OR • [] is related to the following pariies who bid in the solicitation which are identified and listed below: Note: Any person of entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended cont:motor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related paRies shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct .r indirect ownership interest in another bidder of proposer for the same agreement or in which a �-� t company or the principals thereof of one (1) bidder or proposer have a direct or indirect owners terest in another bidder or proposer for the same agreement. Bids or proposals found to be colt eshall be rejected_ By; OLA O. ALUKOV PRESIDENT/CEO Printed Name of Affiant and Title 5I9-216f5f7f5/5/0f Federal Employer identification Number ST. JOHN COMMUNITY DEVELOPMENT CORPORATIQN, INC Printed Narne of Arm 1324 NW 3RD AVENUE, MIAMI. FLORIDA 33136 Address of Firm Page 8 of 9 CO142f31412 PUBLIC HOUSING AND -COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT E AFFIDAVITS Uniform Affrlavits SUBSCRIBED AND SWORN TO (orafiimiecf) before meths 17TH day of AUG. , 20 16 He/She i . • i= ,.a t..._.. to me or has presented as identification_ Type of identi0catiai EE874484 Print or Stamp Name of Notary Notary Pubic-- slate of FLORIDA Serial Number' 6/13/2017 Expiration Date Notary Seal 60.!:;'8tSUSANNIURIELKELLY * MY COMMISSION I EE 874465 EXPIRES: June 13, 20i7 lE�ftiQ¢� BandedlhruBudget Notary tenits Page 9 of S CD/42131413 DEVELOPER'S AFFIDAVIT THAT M1AM1-DARE COUNTY TAXES, FEES AND PARKING TICRL IS HAVE BEEN PAID (Section 2-8.1 (c) of the Code of Miami -Dade County, as amended by Ordinance No. 00-30) and • ..THAT DEVELOPER 15 NOT IN ARREARS TO THE COUNTY (Section 2-8.1 (h) of the Code of Miami -Dade County, as amended by Ordinance No.00-57) OLA O. ALUKO , being first duly sworn, hereby state and certify that the foregoing.statements are true and correct 1 _ That I am the Developer (if the Developer is an individual), or the • (,ill in the title of the position held with the Developer) of the Developer_ 2. That the Developer has paid all delinquent and currently.dpe fees or taxes (including but not limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in the normal course by the- Miami -Dade County Tax Collector, and County issued parking tickets for vehicles registered in the name of the above developer, have been paid. 3. That the Developer is not in arrears in excess of the enforcement threshold under any contract, final non -appeasable judgment, or Iieh with Miami -Bade County, or any of its agencies or instrumentalities, including the Public Health Trust, either directly or indirectly through a firm, corporation, partnership or joint venture in which the Developer has.a controlling financial interest For purposes hereof, the term "enforcement threshold' means any arrearage under any individual contract, non -appeal able judgment, or lien with Miami -Dade County that exceeds $25,000 and has been delinquent for greater than 180 days, For pu urhses hereof, the term 'controlling financial interest" means ownership, directly or indirectly, of t -rcent or more of the outstandingcapital stock in any corporation, or a direct or indirect inte s o ten percent or more in a firm, partnership, or other business entity. By: AUGUST � ,20 16 SignaturOf *= ant Data PRESIDENT/CEO 5/ 9 p2/ 6/ 5/ 7/5 / 5 / 0/ / / Printed Name of Alflant and Title . Federal Employer Identification Number ST. JOHN COMMUNITY DEVELOPMENT CORPORATif1I 1I _ Printed Name of Firm 1324 NW 3 AVENUE, MIAMI, FLORIDA 33136 Address of Firm SCRIBED AND SWORN TO (or affirmed) before me this ( day of AUGUST (� , 20 16 . By OLA O. ALUKO . He/She i ielty know to me or has presented as identification_ Type of identification ip- 111 Signature of Note Printor•Stamp Name of Notary Notary Public -State of FLORIDA • EE874484 Serial Number JUNE 13, 2017 Expiration pate Notary Seal o .1PR.Y..a`,u e, SUSAN MURIEL KELLY . Z K * MYCOMMISSION #EE874485 EXPIRES. June 13, 2017 �r�opr,ac^� esf9dihryHigigAbleary wins PUBLIC HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR DUE DILIGENCE AFFIDAVIT Per Miami -Dade County Board of County Commissioners (Board) Resolution No. R-63-14, County Vendors and Contractors shall disclose the following as a condition of award for any contract that exceeds one million dollars ($1,000,000) or that otherwise must be presented to the Board for approval: (1) Provide a list of all lawsuits in the five (5) years prior to bid or proposal submittal that have been filed against the firm; its directors, partners, principals and/or board members based on a breach of contract by the firm; include the case name, number and disposition; (2) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has defaulted; include a brief description of the circumstances; • (3) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has been debarred or received a formal notice of non-compliance or non-performance, such as a notice to cure or a suspension from participating or bidding for contracts, whether related to Miami -Dade County or not. All of the above information shall be attached to the executed affidavit and submitted to the Procurement Contracting Officer (PCO)/ AE Selection Coordinator overseeing this solicitation. The Vendor/Contractor attests to providing all of the above information, if applicable, to the PCO, Contract No.: Contract Title: Federal Employer identification Number (FEIN): ') D111i) �, 201/1,01401 Printed Name-ai'Affant PrinfediTitle ofAffiant tomtt;E. v i+4 t)) t� if ('0 TP. I Tr Name of Firm _ Address of Firm Stale Notary Public Information Notary Public -State ---Lo lzl.pk County of Subscribed and sworn to (or affirmed) before me this 3 6) day of, O!a Q. C1 l u I -le or she rally knoiAn to rre E inc. Sigiture of Affiant ZsDt Date Zip Code • 20 (G2 or has produced identification ❑ Type of idtification produced tUdU V-% Sgistre cf Way Rb Ftirt rs amp cf WaryRdic .011E iraiiailate Said Ni i SUSAN MURIEL KELLY * MY COMMISSION 1 EE 874485 ,55 , ,ieia,�uir t$f„dwi d . arys.ryk , 2/2014 4, ❑ Applicant: Co -Applicant: E-mail Address: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT ETHICS DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS ST. JOHN COMMUNITY DEVELOPMENT CORP., INC. oaluko@stjohnedc.org Mailing Address: Zip Code: Telephone; 1324 NW 3RD AVENUE MIAMI, FLORIDA 33136 (305) 372-0682 The Miami -Dade County Conflict of interest and Code of Ethics at Sec. 2-11.1 (c)(5)(5) allows County Employees and their •immediate family members to apply for direct housing assistance programs from the County's Public Housing and Community Development department (PHCD) if they meet certain conditions and if the following criteria are met. Check if any of the following applies to you: Please mark the PHCD Program you are applying for: ❑ Section B Housing Choice Voucher (HCV) ❑ Project -Based Voucher (PBV) ❑ Veterans Affair Supportive Voucher (VASH) ❑ Moderate Rehabilitation ❑ Substantial Rehabilitation 0 Shelter Plus Care (S+C) ❑ Public Housing Rental O Tenant -Based Rental Assistance (TBRA-maximum 2 years) ❑ Horne -ownership Program (Second Mortgages) ❑ Horne -owner Rehabilitation Program O Horne -owner Beautification Program ❑ Other (please list): 2. Mark the type of participation you are seeking for the program marked above: ❑ Owner/Landlord ❑ Housing Assistance Applicant 3. E Ifwe do not currently work for Miami -Dade County. Uwe amlare a School Board or Federal Employee. These employees are not covered under Section 2-11.1 of the Miami -Dade County Conffict of interest and Code of Ethics Ordinance. IF YOU MARKED BOXES 3 OR 4, NO FURTHER ACTION IS NEEDED. THE PHCDREPRESENTATIVE MUST PLACE. THIS FORM 1N APPLICANT'S FILE. Ifwe amlare a Miami -Dade County Employee (including Jackson Public Health Trust Employees). Please provide the department and division you are working for: • ❑ Ifwe amlare an appointed or elected County Official: ❑ l/we amlare *immediate family to a Miami -Dade County employee, appointed or elected official. (*)Immediate family is defined as spouse, domestic partner, parents, stepparents, children and stepchildren. Please provide the following information regarding the Miami -Dade County employee, appointed or elected official: Name of employee, appointed or elected official: Department, Division, or Board: IF YOU MARKED BOXES 5, 6, or 7, THE APPLICANT MUST OBTAIN THE REQUEST FOR OPINION (RFO) APPLICATION AT: http:llethics.miamida a. by/library/forms/county emps relatives seeking housing assist 8-15.pdf- THE RFO APPLICATION MUST BE F L lY COMPLETED AND SENT TO THE CONTACT PERSON INDICATED. Signature of Applicant Date: AUGUST 25416 Signature of Co Applicant Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false orfraudulent statements to any Department or Agency of the United States is guilty or a felony. State law may also provide penalties for false or fraudulent statements. ALC/AMICAICDM162414N5 REV. HENRY NEVIN—FOUNDER OFFICERS: NELSON L. ADAMS, III, M.D. CHAIRMAN OF THE BOARD WILL MILLER, Ed.D. 1ST VICE CHAIRMAN WALTER DENNIS 2ND VICE CHAIRMAN MARY L. WILLIAMS SECRETARY BETTY BURKE-CLAYTON ASSISTANT SECRETARY REV. JOHN H. TAYLOR TREASURER GRACE K. HUMPHREY ASSISTANT TREASURER BOARD OF ;DIRECTORS: EISHOP JAMES ADAMS THOMAS ADDIS ON DOUGLAS BROWN DEANNA CHRISTENSEN COREY B. COLLINS, Esq. FRANKLIN CLARK MARTHA DAY CECIL DUFFIE TROY DUFFIE KERRY GRANT ROBERT HARRIS, Esq. ERIC HAYNES HOMIER HUMPHREY, RPh. DORIS P. ISAAC GARFIELD MILLER Esq. EDWINA PACE AKUA SCOTT ALEXIS SNYDER T'RAN STUDWELL, Ed.D. ULYSSES TERRY, Esq. OLAO.ALUKO, MBA, ARIA PRESIDENT\CEO CUMMLJN TY ,)r,E rM -r . v I .0 ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. DISCLOSURE ABOUT RELATED PARTIES August 17, 2016 THERE ARE NO BOARD MEMBERS OF THE ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. OPERATIONS. SI.nceri lY ...... 0, 4 ot OMa O. AI 0 President/CEO OOA/hb ATTACHMENT ACTT F County Construction Sign (Only areas circled are subject to change) LI GOB NON GOB in Ground 1 Sided in Ground 2 Sided A -Frame 1 Sided A -Frame 2 Sided This Form to be Email to: lillakingston Chery:cmakin@miarnidade.gov and Hernan Lopez:lopeah@miarniidadeagov Sign is 4' X 8' with 12' post CadosA. Glmimax Mayer Jun i3onaslims Chabrrian l s5aban two, Jr. 1Ran Chauman Barbara J. Jordan asdid Joan Menesfim• 121thie 2 Audrey M.Edmenaan DIsbJd 3 311111A. Heynw INstri Warm A. Rana 0f Ro—s D1 • XavierLBaa Ustrid tianiella Lsvinn Can Dlsdld.9 Dennis C. pMos Dlstmt. SsrwmrJavinr p. Sauk, Dlerid 10 lawn C. Tapalar 0/strict 11 Jess "Pape" Dlac DI i712 Esfahan Bev, Jr. DBhdd 13 MIAMI-DARE Th1s pra�ec� supported and sponsor Conimissioner.Senator Javier D www.miamidadeagov or calf 3-1-1 Project Manager to mark location of sign(s) on site. installer to call Uncle for underground inspection before digging. Services Ticket Index code GOB Capital Project Number Project Name Project Number Quantity required Project Manager Department* Address: Phone Number: District Commissioner Other Funding Source(s) (Max 3-logos) For GOB Projects only Sign location address Plus specific location of sign placement PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) ATTACHMENT G .FAIRSUBCONTRACTING POUCIES (Ordinance 97-35) FAIR SUBCONTRACTING PRACTICES In compliance with Miami -Dade County Ordinance 97-35, the Developer submits the following detailed statement of its policies and procedures of awarding subcontracts: 1. Notify the broadest number of Inca( subcontractors of the opportunity to be awarded a subcontract. a Advertise in local newspapers, "when required by funding sources" with community agencies, etc. b) Private mailings / flyers, email, etc, 2.' Invite local subcontractors to submit bids/proposals in a practical, expedient way; 3. Provide iota( subcontractors access to information necessary to prepare and formulate a subcontracting bid/proposal; 4. Allow local subcontractors to meet with appropriate staff of St. John Community Development Corporation to discuss the contract requirements; The awards for subcontracts will be based on the results from an open competitive bid process, full and complete consideration of all submitted proposals, contract will be awarded to the contractor submitting a proposal complying with the conditions of the contracts stated objectives, provided the bid is reasonable and it is in the best interest of St. John Community Development Corporation to accept: - is• -n� I hereby certily that the foregoing information 4 true Corr- om Pfete. Signature of Authorized Representative: Tit4e: PRESIDENT/CEO P -te: AUGUST 17, 2016 Firm Name:ST. JOHN COMMUNITY DEVELOPMENT CORPFed. ID No: 59-2657550 Address: 1324 NW 3RD AVENUE city. MIAMI State: FLORIDA zip Code: 33136 Telephone: ( 3051 372-0682 Fax: (303 381-9574 CW3e/31313- $lli! ..: PUBLIC HOUSING AND COMMUNITY DEVELOPMENT {PHCD) ATTACHMENT SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) FirmNameof Prime Contractor/DeveloperST. JOHN COMMUNITY DEVELOPMENT CORP., INC This form, of a comparable listing meeting the requirements of Ordinance No 97-104, MUST be completed by the developers on County contracts for purchase of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and 8[1 developers on County or Public Health Truth construction conlrects which involve expenditures of $l00,000 or more. This form, or a comparable listing meeting the requirements of Ordinance No. 97-iO4, must be completed and submitted even though the developer will .not utilize subcontractors or suppliers on the contaacL The developer should enter the word "NONE" under the appropriate heading on this foam in those instances where no subcontractors or suppliers will be used on the contract_ The developer who is awarded the contract shall not change or substitute first tier subcontractors, direct suppliers or the portions of the contract work to be performed, or materials to be supplied from those identified, except upon written approval of the County. er: ° P ` iiL) al f iwriftr,!-� pending eiSW6f: urtt to eifQRpedaS uiscon etbilS.0 consul :tPsi�cip��:`�us - Gender'; certify that the true and accura Stgrrature De AUGUST 17 resentations contained in this Subcontractor/Supplier Listing are to the best of my knowledge , 2016 Date - eat OLA O. ALU}CO Print Name PRESIDENT/CEO Print Titie Authorised Representative (Duplicate if additional space is needed) Page 1 di CD/40131415 St John Village Apartments 11 1445 NW 1st Place June 2016 UNITS: 10 County County EXPENSE CATEGORY Total Cost Reprogramming HOME '13 SJCDC Equity TOTAL LAND & BUILDING SJCDC Equity $308,356 308,356 TOTAL LAND & BUILDING $308,356 $0 $0 $308,356 CONSTRUCTION COST GC Contract Total $482,030 342,505 139,525 0 P&P Bonds $9,641 9,641 Contingency $38,562 38,562 TOTAL CONSTRUCTION COST $530,233 $390,708 $139,525 $0 SOFT COSTS Construction Management $60,000 60,000 Environmental. Asbestos & LBP Te $2,375 2,375 Appraisal Fees $4,000 4,000 Survey $600 300 300 Site Security $20,000 20,000 Insurance $20,000 20,000 Market Study $2,500 2,500 Advertising & Signage $650 650 Accounting $2,000 2,000 Permit Fees & Permit Processing $3,000 1,500 1,500 Soft Cost Contingency $10,475 10,400 75 TOTAL SOFT COSTS $125,600 $117,350 $8,250 $0 CLOSING & FINANCING COSTS Legal Fees $2,150 _ . 2,150 Title & Recording $12,182 9,182 3,000 Underwriting & inspection Fees $16,075 16,075 Total Closing Costs $30,407 $9,182 $21,225 $0 DEVELOPER FEE Developer Fee $125,878 $94,878 $31,000 $0 TOTALS $1,120,473 $612,117 $200,000 $308,356