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HomeMy WebLinkAboutExhibit 3EXHIBIT B NVORK PROGRAM I . CDBG grant funds in the amount of $185,000 were allocated to Rafael Hernandez Housing and Economic Development Corp. (SUB -RECIPIENT) for technical assistance and hard costs in the implementation of the Little Haiti Commercial Rehabilitation Project #2, which will provide for rehabilitation of the building exteriors for businesses located at 5845-5855 N.E. 2nd Avenue and 5857-5865 N.E. 2nd Avenue, pursuant to the City of Miami Commission through Resolution R-09- approved on July 18, 2009. 2. The SUB -RECIPIENT understands that Area Benefit is the National Objective that has been identified as a priority by the CITY for this Grant. Only activities located in census blocks with a percentage of low and moderate income persons in excess of 51 percent per 24 CFR 570.208 (a)(1)(i) and that is primarily residential in character can be undertaken by the SUB -RECIPIENT. 3. The SUB -RECIPIENT will provide assistance for this Project under the provisions of 24 CFR 570.202 and the program guidelines as stipulated in Exhibit E. 4. The SUB -RECIPIENT shall ensure that the assisted businesses are in operation, have a current occupational license for that location and certificate of use of that type of business. S. The SUB -RECIPIENT, prior to the commencement of work, shall obtain an executed Work Authorization Form (Attachment C) from the property owners. This form by virtue of execution, gives permission to the SUB-RECIPICIENT, contractors and sub- contractors to perform work on the owner's property. Additionally, it holds harmless the City of Miami from any resulting damages which may occur from this work. 1 6. The SUB -RECIPIENT will follow procurement procedures as outline in CFR 85.36 and obtain bid specifications from the contractors that are very detailed and that include information on the exact work to be done, time period in which the work must be completed, products and work- guarantees and costs. 7. The SUB -RECIPIENT, prior to commencing any rehabilitation activity under this Agreement, shall obtain a certificate of insurance indicating the Contractor and Sub- contractors are in compliance with the provisions described in (Attachment B). 8. The SUB -RECIPIENT, prior to the commencement of work, shall secure the Special Grant Agreement hard -costs with a five (5) year covenant filed against the real property title where the improvements are made by ensuring that each property owner executes a Declaration of Restrictive Covenant included in this Agreement attached hereto as (Attachment E). 9. The SUB -RECIPIENT shall ensure the Contractors and Sub -contractors are in compliance with the Davis Bacon Act and in receipt of the HUD form 4010 form (Attachment D). 10. The SUB -RECIPIENT will provide documentation of results via the submission of the "CDBG — Combined Monthly Report", as the Project progressed 11. The SUB -RECIPIENT will track payments from the CITY and maintain a precise record of expenditures associated with the Project. 12. The SUB -RECIPIENT will be compensated for the implementation of the Project after the work of each treatment is completed 13. The SUB -RECIPIENT agrees to comply with all requirements as outlined in the Special Grants Agreement Program Guidelines as described in Exhibit E. 2 SUBRECIPIENT: Rafael Hernandez Housing Economic Development Corp. 2400 N. Miami Ave Miami, FL 33127 ME STATE OF FLORIDA COUNTY OF Jautza Torres- Kaplan Executive Director The foregoing instrument was acknowledged before me this VA Executive Director of Rafael Hernandez Housing and Economic Development Corp., a Florida not-for-profit corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Print Notary Public's Name Signature (SEAL) 3 EXHIBIT C COMPENSATION AND BUDGET SUMMARY A. The CITY shall pay the PROJECT, as maximum compensation for the services required pursuant to this Agreement, the sum of S 185.000 B. During the term hereof and for a period of five (5) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the SUB -RECIPIENT pertaining to any payments by the CITY. C. Requests for payment should be made following the procedures stipulated in Exhibit D - Disbursement Procedures. D. The SUB-RECIPIENT's and PROJECT's Itemized Budgets, Cost Allocation Report for Construction, Rehabilitation and Improvements, Budget Narratives are attached hereto and made part of this Agreement. The budgets shall list in detail all the costs for the PROJECT including, but not limited to, technical assistance, rehabilitation cost, architecture, advertisement, permits and signs. E. The SUB -RECIPIENT must submit the final request for payment to the CITY within thirty (30) calendar days following the expiration date or termination date of this Agreement in a form provided by the Department. If the SUB -RECIPIENT fails to comply with this requirement, the SUB -RECIPIENT shall forfeit all rights to payment for the PROJECT and the CITY shall not honor any request submitted thereafter. F. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUB -RECIPIENT as a part of this Agreement and any modifications thereto. Executive Director Date EXHIBIT D DISBURSEMENT PROCEDURES ARTICLE I 1.1 The Agreement establishes the conditions to the CITY's obligation to grant the CDBG Funds to the SUB -RECIPIENT. The SUB -RECIPIENT may not request disbursement of fluids pursuant to this Agreement until such funds are needed for the payment of eligible costs. Notwithstanding the restrictions of the previous sentence of this paragraph, the Allocation Retainage shall be disbursed by the CITY in accordance with the provisions of Section 1.7 hereof. Provided the CITY is obligated to disburse the CDBG Funds pursuant to the Special Grant Agreement, the CITY will disburse such funds in accordance with this Article I. 1.2 The SUB -RECIPIENT shall submit payment requests for the CDBG Funds as needed. The SUB -RECIPIENT will submit or cause to be submitted the following documentation to the CITY: (a) A request for payment, in a form acceptable to the CITY, setting forth such details concerning construction of the PROJECT as the CITY shall require, including: the amount to be paid to the SUB -RECIPIENT not to exceed fifteen percent (15%) of the project cost; the amount paid to date to the contractor(s) constructing the PROJECT (the "Contractor") and pursuant to the contract for the construction of the PROJECT between the SUB -RECIPIENT and the Contractor (the "Construction Contract"); the amounts, if any, paid directly by the SUB - RECIPIENT to subcontractors of the Contractor and materialmen; the amount then currently payable to the Contractor, broken down by trades; the amounts paid on account of the Contractor's construction fee; and the balance of the construction costs which will remain unpaid after the of the amount currently payable. Any request for payment must be submitted to the CITY by no later than the thirtieth (30th) day of each month. Each Request for Payment must be signed by the SUB -RECIPIENT, the Architect for the PROJECT, and the Contractor, as applicable. Applications for receiving CDBG Funds for payment of hard costs will include the CITY's Request for Payment Form (letter), AIA Application and Certificate for forms (if applicable), the Contractor Request form, and other such documents as the CITY may require. The CITY, as described in Section 1.3 hereof, shall be required to certify each payment request: the amount of work on the PROJECT that has been completed; the good and acceptable workmanship of the Contractor and its subcontractors; compliance with approved plans and specifications of the PROJECT; and such other matters as the CITY may require. Lien waivers shall be submitted to the CITY for review and approval before each disbursement. (b) Each request for pa}ament for hard costs shall constitute a representation and certification by the SUB -RECIPIENT and the Contractor to the CITY that: (i) The materials have been physically incorporated into the PROJECT, free of liens and security interests, and that the construction of the PROJECT to date has been perfonned substantially in accordance with the drawings and specifications and in a first-class workmanlike manner; (ii) All governmental licenses and permits required by the PROJECT as then completed have been obtained and are available for inspection by the CITY; (iii) The PROJECT as then completed does not violate any law, ordinance, rule, regulation, or order or decree of any court or governmental authority; (iv) No Event of Default has occurred and is continuing and there is no continuing default under the Construction Contract; and (v) The SUB -RECIPIENT, the Contractor and each subcontractor has complied with all Federal, state and local laws and regulations relating to labor standards and with HUD Handbook 1344.1. (c) Such other information and documents as the CITY may reasonably require. 1.3 The CITY will review the work that is incorporated into the PROJECT and for which each request for payment of the CDBG Funds is submitted. The CITY will review and approve the final plans and specifications for the PROJECT and will review and approve the payment requests based on the percentage of work completed. The CITY's reviews, approvals, and conclusions shall be for the sole benefit of the CITY. All construction change orders must receive the prior written approval of the change orders that have not received the prior written approval of the CITY shall not be approved for payment by the CITY. 1.4 Upon receipt of a request for payment, delivered pursuant to Section 1.2 hereof and without attempting to verify the completeness of same, the CITY shall inspect the progress of construction work at the PROJECT. 1.5 If the CITY finds the materials submitted by the SUB -RECIPIENT and the report of inspection to be satisfactory and in accordance with the Special Grant Agreement, the CITY shall fiend to the SUB -RECIPIENT the sum requested by the SUB -RECIPIENT or such lower sum as the CITY deems appropriate. 1.6 The CITY shall fund payment of the CDBG Funds after it has received both the request for payment, in the form required by Section 1.2 hereof, and the inspection report of the CITY, in the form required by Sections 1.2 and 1.3 hereof. -2- 1.7 The CITY shall retain 10% of the CDBG Funds allocated to the SUB - RECIPIENT (the "Allocation Retainage") until it has received confirmation of completion of the Scope of Work and all the permits are closed. 1.8 The CITY reserves the right to refuse to fund any payment request(s) in the event that the CITY determines that the PROJECT and/or the SUB -RECIPIENT are not in compliance with any local, state or federal law or requirement. ARTICLE II MISCELLANEOUS 2.1 This Agreement may only be amended in writing by all the parties hereto.. 2.2 This Agreement, the Special Grant Agreement and the other documents executed by the parties in connection therewith constitute the entire agreement between the parties hereto and no other agreements or representations, unless incorporated in this Agreement, shall be binding upon any of the parties hereto. 2.3 All capitalized terms not defined herein shall have the meanings provided in the Special Grant Agreement. -3- IN WITNESS WHEREOF, this Agreement has been executed by the SUB -RECIPIENT and the CITY on the date first above written. CORPORATESECRETARY DATE ATTEST: PRISCILLA A.THOMPSON DATE CITY CLERK APPROVED AS TO INSURANCE REQUIREMENTS: LEEANN BREHM DATE RISK MANAGEMENT SUB -RECIPIENT: Rafael Hernandez Housing & Economic Development Corp. 2400 N. Miami Avenue Miami, FL 33127 a Florida not -for profit corporation : PRESIDENT DATE (AFFIX SEAL) CITY OF MIAMI, a municipal corporation of the State of Florida go PEDRO G. HERNANDEZ DATE CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU DATE CITY ATTORNEY EXHIBIT E PROGRAM GUIDELINES 1. Sianace. Acknowledaernent. Publicity. During the Tenn of this Agreement, the SUB -RECIPIENT shall furnish signage identifying the PROJECT and shall acknowledge the contribution of the CITY by incorporating the seal of the CITY and the names of the CITY commissioners and officials in all documents, literature, pamphlets, advertisements, and signage, permanent or otherwise. All such acknowledgments shall be in a form acceptable to the CITY, as provided on Attachment "A". All publicity and advertisements prepared and released by the SUB -RECIPIENT related to the PROJECT, such as pamphlets and news releases, and all events carried out to publicize the PROJECT, shall recognize the CITY as one of the PROJECT's funding sources. 2. Costs Incurred By the CITY. Notwithstanding any other provision of this Agreement, the SUB -RECIPIENT understands and agrees that a portion of the CDBG Funds was awarded to the PROJECT for, and may be used by the CITY to cover, costs incurred by the CITY on behalf of the PROJECT. Such costs may include, but are not limited to, signs, environmental advertising costs and recording fees. 3. Insurance Requirements for Contractors. The SUB -RECIPIENT shall require the General Contractor and Subcontractors to satisfy the CITY's insurance requirements, as provided on Attachment `B". 1 EXHIBIT E 4_ List of Subcontractors. The SUB -RECIPIENT shall submit a list of all of the SUB-RECIPIENT's subcontractors as of the date of execution of this Agreement, and copies of all contracts for the performance of services or the supply of materials in connection with the PROJECT. 5. Historic Preservation Review. All applicable requirements of the State of Florida Historic Preservation Department shall have been met prior to the disbursement of any funds hereunder. 6. Environmental Report. The SUB -RECIPIENT shall submit all environmental information requested by the CITY with respect to the PROJECT including, but not limited to, Phase I and Phase II Environmental Assessment Reports, as applicable. 7. Environmental Clearance. The PROJECT construction must not commence, or if the PROJECT was already under construction at the time of application for federal funds, construction must cease immediately, until a HUD Release of Grant Conditions or a confirmation of exempt status has been issued for the PROJECT. 8, The SUB -RECIPIENT shall be responsible for monitoring the contractual performance of all subcontracts. 9. The SUB -RECIPIENT shall submit to the CITY for its review and confirmation any subcontract engaging any party who agrees to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The CITY's review and confirmation shall be obtained prior to the release of any funds for the SUB-RECIPIENT's subcontractor(s). 2 EXHIBIT E 10. Approval by the CITY of any subcontract or assignment shall not under any circumstances be deemed to be the CITY's agreement to incur any obligations in excess of the total dollar amount agreed upon in this Agreement. 11. The SUB -RECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, if applicable, the Copeland Anti -Kick Back Act, the Contract Work Hours and Safety -Standards Act, the Lead -Based Paint Poisoning Prevention Act, the Residential Lead Based Paint Hazard Reduction Act of 1992 (and implementing regulations at 24 C.F.R. Part 35), Section 3 of the Housing Development Act of 1968 and any other applicable laws, ordinances and regulations. 12. The SUB -RECIPIENT shall submit to the CITY for written prior approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals. 13. The SUB -RECIPIENT, prior to the commencement of work, shall secure the Special Grant Agreement hard -costs with a five (5) year covenant filed against the real property title where the improvements are made by ensuring that each property owner executes a Declaration of Restrictive Covenant included in this Agreement attached hereto as (Attachment E). 14. The SUB -RECIPIENT, contractors and sub -contracts shall comply with Davis - Bacon Act wage requirements on all construction, rehabilitation and other labor and work funded by the CITY in excess of $2,000. 15. The SUB -RECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement (Attachment D). 3 EXHIBIT E 16. The SUB -RECIPIENT shall incorporate into all contracts with contractors and shall require all contractors to incorporate into all sub -contracts the following requirements: The contractor/subcontractor shall: a. Contact the SUB -RECIPIENT and the CITY prior to taking any action, to schedule a meeting to receive compliance information. b. Comply with the contractor's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. C. Comply with the Davis Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act; and other related acts, as applicable. d. Submit to the SUB -RECIPIENT and CITY for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 0 EXHIBIT E e. Submit to the SUB -RECIPIENT and the CITY all construction plans and specifications and receive the SUB -RECIPIENT and the CITY's approval prior to implementation f PROJECT construction must not commence until a HUD Release of Grant Conditions or a confirmation of exempt status has been issued for the PROJECT. SUB -RECIPIENT: Rafael Hernandez Housing & Economic Development Corp. 2400 N. Miami Avenue Miami, FL 33127 Janitza Torres -Kaplan Executive Director E EXHIBIT G INSURANCE REQUIREMENTS TECHNICAL ASSISTANCE Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit $600,000 Personal and Adv. Injury $300,000 Products/Completed Operations $300,000 B. Endorsements Required City of Miami included as an Additional Insured Contractual Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit/Split Limits Owned/Scheduled Autos $50,000/100,000/50,000 Hired and Non Owned Autos $50,000/100,000 B. Endorsements Required City of Miami included as an Additional Insured • An agency may request in writing the waiver of this coverage in part or as a whole if: a) The agency does not own any vehicles b) The agency does not hire the services of a company to perform services for which the agency is being awarded the funding, and c) The agency does not allow employees to use their personal vehicle for business purposes. III. Worker's Compensation A. Limits of Liability Statutory -State of Florida B. Employer's Liability Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit NOTE: All certificates of insurance must be provided for review and approval prior to the effective date of the agreement. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than thirty (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval.