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HomeMy WebLinkAboutExhibit 2SPECIAL GRANT AGREEMENT This Special Grant Agreement ("Agreement") is made this day of 2010, by and between the City of Miami, a municipal corporation of the State of Florida ("CITY") and Neighbors and Neighbors Association, Inc. a Florida not-for-profit corporation ("SUB - RECIPIENT, ") RECITAL WHEREAS, The SUB -RECIPIENT is eligible to receive financial assistance from the Community Development Block Grant program ("CDBG Program") to undertake activities eligible for such assistance under Title I of the Housing and Community Development Act of 1974 (the "ACT") WHEREAS, The City Commission, by Resolution No. 10- , adopted June , 2010, allocated funds and awarded a grant to SUB -RECIPIENT in the total amount of 5428; 545.00 (the "Grant') for the exterior rehabilitation of buildings located along N.W. 7th Avenue, between NW 54 Street and NW 58 Street, Miami; Florida, Ia mvii as N.'V. 7"' Avenue Commercial Building Rehabilitation Project ("PROJECT") WHEREAS, The SUB-RECIPE.NT and the CITY wish to enter in this Agreement to set forth the terms and conditions relating to the use of said GRANT. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to as follows: (� (-1 5 # /0 - /,-Vy I EXHIBITS EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Work Program and Timeline Exhibit C Budget and Compensation Summary Exhibit D Disbursement Procedures Exhibit E Program Guidelines Exhibit F Certification Regarding Lobbying Form Exhibit G Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit H Crime Entity Affidavit Exhibit I Insurance Requirements TERMS 1. RECITALS. The Recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. 2. GRANT. Subject to the terms and conditions set forth herein and the SUB-RECIPIENT's compliance with all of its obligations hereunder; the CITY hereby agrees to make available to the SUB -RECIPIENT the GRANT to be used for the purpose, and disbursed in the mariner hereinafter provided. 2 3. USE OF GRANT. The GRANT shall be used exclusively for the PROJECT as more particularly described in Exhibit "B" attached hereto and made part hereof. 4. COMPLIANCE WITH POLICIES AND PROCEDURES. The SUB -RECIPIENT understands that the use of the GRANT is subject to federal regulations, «-hich require specific reporting, record keeping, administrative methods, as well as contracting guidelines, and other requirements affecting the activities funded by the GRANT and, to a great extent, the day-to-day operations of the SUB -RECIPIENT. The SUB -RECIPIENT acknowledges receipt of and accepts the "Policies and Procedures Manual for Community Development Block Grant Sub -recipients" ("Policies and Procedures Manual'') as the official document which outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the SUB - RECIPIENT. The Policies and Procedures Manual is incorporated herein and made a part of this Agreement. The City of Miami reseives the right to update this Policies and Procedures Manual via Program Directives. These Program Directives and updated versions of this Policies and Procedures Manual shall be incorporated and made a part of this Agreement. The SUB -RECIPIENT covenants and agrees to comply and represents, and warrants to the CITY that the GRANT shall be used in accordance with all of the requirements, terms and conditions contained therein as the same may be amended during the term thereof the CITY's guidelines are hereby incorporated into this Agreement and by this reference, are made a part hereof. Without limiting the generality of the foregoing, the SUB -RECIPIENT represents and warrants that it «7111 comply and the GRANT will be used in accordance «-ith applicable uniform administrative requirements described in 24 CFR 570.502 and all federal laws and regulations described in 24 CFR 570 Subpart K; provided, hm ever, that the SUB -RECIPIENT shall not assume the CITY's environmental responsibility for initiating the review process under Executive Order 12372 and in accordance with the policies and procedures and all applicable federal, state and/or local codes; laws, rules and regulations. The SUB -RECIPIENT represents and warrants that it will comply with the Program Guidelines as described in Exhibit E. 5. SCOPE OF SERVICES. 5.1 The SUB -RECIPIENT shall, in compliance with the terms and conditions and in accordance with the purpose of this Agreement, provide the services for the PROJECT as described in Exhibit `B", attached hereto and made part hereof. 6. RECORDS AND REPORT'S/AUDITS AND EVALUATION. 6.1 The SUB -RECIPIENT understands and acknowledges that the CITY must meet certain record keeping and reporting requirements with regard to the GRANT to ensure that said GRANT is used in accordance with the applicable CDBG Program requirements. In order to enable the CITY to comply with its record keeping and reporting requirements, the SUB - RECIPIENT agrees to maintain all records and comply with all requirements and to document that the activities being funded by the GRANT will benefit low- to moderate -income persons as described in 24 CFR 570.506. 6.2 The CITY shall have the right to conduct audits of the SUB-RECIPIENT's records and to visit the PROJECT in order to conduct its monitoring and evaluation activities. The SUB - RECIPIENT agrees to cooperate with the CITY in the performance of these activities. 6.3 The SUB-RECIPIENT's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CITY of any inconsistent incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the CITY. M 7, REVERSION OF ASSETS. Upon expiration of the term of this Agreement; the SUB - RECIPIENT shall transfer to the CITY any GRANT funds on hand at the time of said expiration and any accounts receivable attributable to the use of the GRANT. 8. REPRESENTATIONS AND WARRANTIES. The SUB -RECIPIENT represents and warrants that for a period of five (5) years from the date of the last disbursement of the GRANT pursuant to this Agreement that the funds shall be used for the purpose for which the GRANT has been awarded. 9. THE CITY'S RE, SPONSIBILITYAT RE,IONITORING AND AUDITING RIGHTS. The CITY is responsible for ensuring that the GRANT is used in accordance with the applicable CDBG Program requirements and for determining the adequacy of the SUB-RECIPIENT's performance under this Agreement. Accordingly, the SUB -RECIPIENT'S compliance with the teens hereof is of the essence to this Agreement. The CITY's Department of Community Development will monitor the fiscal and programmatic operations of the PROJECT. To this end, the SUB -RECIPIENT shall make available to the CITY, upon the CITY's request, all financial; operational and other documents required by the CITY in this connection. 10. DISBURSEMENT OF GRANT. The CITY shall make available to the SUB - RECIPIENT up to 5428,545.00 as more particularly described in Exhibit "C" and shall be disbursed following the stipulations detailed in Exhibit "C" and Exhibit "D", as applicable; both attached hereto and made part hereof, 11. SEPARATION OF CHURCH/STATE. In accordance with the First Amendment Churcl_L/State Principles,. as a general rule, CDBG assistance may not be used for religious 5 activities or provided to primarily religious entities for any activities, including secular activities. 24 CFR 570.200(7) sets forth certain restrictions and limitations applicable to the use of CDBG funds for religious -related activities. These restrictions and limitations shall be observed at all tiles. 12. TERM. The te= of this AL-reement shall commence on June 17, 2010 and shall terminate two (2) years from the date this Agreement is executed by both parties. 13. REMEDIES FOR NON-COMPLIANCE. If the SUB -RECIPIENT materially fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained herein; then the CITY shall have the right to take one or more of the follm« mg actions: (a) Temporarily withhold cash payments, pending correction of the deficiency by the SUB -RECIPIENT or more severe enforcement action by the awarding agency. (b) Disallow,. (that is, deny both use of the GRANT and matching credit for) all or part of the cost for the activity or action not in compliance. (c) �k1-iolly or partly suspend or terminate the current award in accordance with 24 CFR85.43. (d) Withhold further awards for the PROJECT. (e) Take other remedies that may be legally advisable. 14. TERMINATION FOR CONVENT UENCE. The CITY may terminate this Agreement by convenience in accordance «ith the provisions of 24 CFR 85.44, 15. NON-DISCRIMINATION. The SUB -RECIPIENT, for itself and on behalf of its contractors and sub -contractors; agrees that it shall not discriminate as to race; sex; color; religion, Ce national origin, age, marital status; or handicapped in connection �!it-h its performance under this Agreement. Furtheremore, the SUB -RECIPIENT represents that no othen«dse qualified individual shall, solely by reason of his/her race, sex, color, religion, national origin, age, marital status, or handicap, or be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 16. CONFLICT OF P TEREST. The SUB -RECIPIENT has received copies of and is familiar with the following provisions regarding conflict of interest in the performance of this agreement by the SUB -RECIPIENT. The SUB -RECIPIENT covenants, represents and warrants that it will comply with all such conflict of interest provisions: (a) 24 CFR 670.611 and other regulations referred to therein. (b) CITY Code, Chapter 2, Article V. (c) Miami -Dade County Code; Section 2-11.1. 17. CO Tr GENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is subject to amendment or tennination due to lack of fonds or authorization, reduction of funds, and/or change in regulations. 18. U DE.��IFICATION- The SLB -RECIPIENT shall indeniuf�r and hold harmless the CITY, its agents; officers, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUB-RECIPIE'"TT"s perforemance under this Agreement, including all acts or omissions to act on the part of the SUB -RECIPIENT and any of its contractors 'subcontractors, employees, agents and any person acting for or on their behalf; and from and against any and all costs, attorney's fees, expenses and liability in relation to any orders, judgements or decrees which may be entered against the CITY; and all costs, expenses and 7 liabilities incurred by the CITY in connection with the defense of any such claims or in the investigation thereof, 19. 1 SLRA_ CE. At all times during the tern hereof, the SUB -RECIPIENT shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUB -RECIPIENT shall furnish to the CITY original certificates of insurance indicating that the SU -B -RECIPIENT is in cornpliance with the provisions described in Exhibit "I" attached hereto, which by this reference is incorporated into this Agreement. 0 Compliance with the requirements stipulated in Exhibit "I" shall not relieve the SUB -RECIPIENT of its liability and obligations under this section or under any other section of this Agreement. SUB -RECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement. SUB -RECIPIENT shall indem ify, defend and hold harnless the CITY and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, costs; penalties, fines; damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of. resulting from, or in Coninection -�vlth (i) the performance or non-performance of the s,11\7ices contemplated by this Agreemnent -�hich is caused; in whole or in part, by any act; omission, default or nealigence (whether active or passive) of SLB -RECIPIENT T or its employees, agents or subcontractors, or (ii) the failure of the SUB -RECIPIENT to comply 7�71th any of the paragraphs herein or the failure of the SUB -RECIPIENT to conform to statutes, 8 ordinances, or other regulations or requirements of any governmental authority; ederal or state, in connection «-ith the performance of this Aeeinent. SUB - RECIPIENT expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which maybe asserted by an employee or former employee of SUB -RECIPIENT; or any of its subcontractors; as provided above, for why ich the SUB-RECI IENT's liability to such employee or former employee would otherwise be limited to paynnerits under state '\A7orkers' Compensation or similar laws. 20. AMEN -DI BENTS. No amendments to this Agreement shall be binding on either party, unless in writing and signed by both parties. 21. ONTNERSHIP OF DOCUMENTS. All documents developed by the SUB -RECIPIENT or at its request pursuant to this Agreement shall be delivered to the CITY upon completion of the work contemplated by this Agreement, and shall become the property of the CITY, without restriction or limitation on its use. The SUB -RECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records La -v, Chapter 119, Florida Statutes. It is _further understood by and benveen the parties that any documents vdiich is gig -en by the CITY to the SUB -RECIPIENT pursuant to this Agreement shall at all times remain the property of the CITY, and shall not be used by the SUB -RECIPIENT for any other purposes v hatsoever, without the w itten consent of the CITY. 9 22. AWARD OF AGREEATENT. The SUB -RECIPIENT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee; commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 23. 1!'O-DELEGA.TABIL.ITY. The obligations of the SUB -RECIPIENT under this Agreement shall not be delegated or assigned to any other party without the CITY's priorwritten consent wl- iich may be withheld by the CITY, in its sole discretion. 24. CONSTRUTCTIO'NT OF AGREEMENT. This Agreement shall be construed and enforced in accordance with Florida law. The SUB -RECIPIENT shall comply with all applicable laws, ordinances and codes of federal, state, and local goveimnents. 25. TERMEl TATION OF CONTRACT. The CITY retains the right to te=, iate this Agreement at any time without penalty to the CITY. L7 that event, the CITY shall give w1itten notice of termination to the SUB -RECIPIENT; who shall be paid for those sen -ices perfon--ned prior to the date of its receipt of the notice of termination. In no case; however, shall the CITY pay the SUB -RECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood that any payment made in accordance with this Section shall be made only if no default has occurred in the perforr ance of this Agreement. If the SUB -RECIPIENT is in default; or if the work contemplated 'hereunder is not being performed in accordance with the provisions hereof, the CITY shall in no ivay be obligated and shall not pay to the SUB -RECIPIENT any sum whatsoever. 10 It is also understood that in accordance with 24 CFR 85.44, suspension or termination may occur if the SU -B -RECIPIENT materially fails to comply with any term of this Agreement, or if the CITY deems it convenient to terrilinate it. 26. GENERA -L CONDITIONS. (a) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on ��"hich personally served; or, if by mail, on the fifth day after being posted, or the date of actual receipt; whichever is earlier. CITY OF INILMAII Neighbors and Neighbors DEPARTMENT OF COI\TTMUNITY Association., Inc. DEVELOPMENT I80 INTT"T 62 Street 444 S.W. 2ND AVENUE, 2nd Floor Miami, FL 33150 MIAMI, FL 33130 (b) Title and paragraph readings are for convenient reference and are not a part of this Agreernent. (c) In the event of conflict between the terns of this Agreement and any terns or conditions contained in any attached documents, the terns of this AQ eein nt shall govern. (d) No «waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the sane or any other provision hereof and no waiver shall be effective unless made in writing. 11 (e) Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competentjurisdiction to be invalid, illegal or othenvise unenforceable under the laws of the State of Florida or the CITY, then such supen,rision, paragraph, sentence, «-ord, or phrase shall be deemed modified to the extent necessary in order to conform «lith such laws, or if not modifiable to conform with such laves, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 27. EDEPENMENT CONTRACTOR. The SUB -RECIPIENT, its contractors, subcontractors, employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Workers' Compensation benefits as employees of the CITY. 28, SUCCESSORS A_ND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assiglis. 29. ASSURANCES AND CERTIFICATIONS. The SUB -RECIPIENT assures and certifies that: (a) All expenditures of the GRANT «!-ill be made in accordance with the stated budget allocation as approved by the City Commission. (b) The GRANT will not be co -mingled ,vith any other funds and that separate bank accounts and accounting records will be maintained. 22 (c) The expenditures of the GRANT will be properly documented and such documentation will be maintained on file. (d) Periodic progress reports will be provided to the CITY as requested. (e) The SUB -RECIPIENT will be liable to the CITY for the amount of the GRANT expended in a manner inconsistent with the «-ork approved by the City Commission. No activity under thss Agreement shall involve political activities. (f) The SUB -RECIPIENT possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the SUBRECIPIENT's aovenung body, authorizing the execution of this Agreement, including all understandings the person identified as the official representative of the SUB -RECIPIENT to act in connection with the CITY and to provide such additional information as may be required. 30. REVERSAL OF ASSETS/RESTRICTIVE COV'ENTANT. The CITY shall have the right to record a restrictive covenant for each one of the properties in the PROJECT to ensure compliance with the use/disposition restrictions provided for herein. 31. RECAPTURE OF FUNDS. The CITY reserves the right to recapture funds in the event that the SUB -RECIPIENT shall fail: (i) to comply with the teens of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state, and local agencies. 32. ENTIRE A GREEATENT. This instrument and its attaclunents constitute the sole and only agreement of the parties hereto relating to said GRANT and correctly set forth the rights, duties, and obligations promises, negotiations; or representations not expressly set forth in the Agreement are of no force or effect. l3 IN WITNESS W=REOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above A7ntten. ATTEST: CORPORATE SECRETARY DATE ATTEST: PRISCILLA A. THO_MPSON DATE CITY CLERK APPROVED AS TO INSURANCE REQU _IREMENTS : Neighbors and Neighbors Association, Inc. 180 N.W. 62 Street 'N'Ilami, FL 33150 a Florida not -for profit corporation PRESIDENT DATE (AFFIX SEAL) CITY OF MIAMI, a municipal corporation of the State of Florida BY: CARLOS MIGOYA DATE CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: LEEANTNT BREHM DATE JULIE 0. BRU DATE DIRECTOR; RISK MANAGEMENTT CITY ATTORNEY 14 EXHIBIT B - WORK PROGRAM 1. CDBG grant funds in the amount of $428,646 were allocated to Neighbors and Neighbors Association, Inc. ("SUB -RECIPIENT") for technical assistance and hard costs in the implementation of the 7�' Avenue Commercial Building Rehabilitation Project ("PROJECT"), which will provide for rehabilitation of the building exteriors for buildings located along N.W, 7�' Avenue, between INTW 64 Street NW 68 Street and Miami, FL,, pursuant to the City of Miami Commission through Resolution R -10 - approved on June 10, 2010. 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. This activity serves an area with census blocks with a percentage of low and moderate income persons in excess of 61 percent per 24 CFR 670.208 (a)(1)(i) and that is primarily residential in character. Attached hereto and made part of this Agreement is the map of the PROJECT'S service area. 3. The SUB -RECIPIENT will provide assistance for this PROJECT under the provisions of 24 CFR 670.202 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 and that property owners are up-to-date in the payment of their property taxes. 5. The SliB-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, 6. The SUB -RECIPIENT will follow procurement procedures as outline in CFR 86.36 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). The certificates shall be forwarded to the CITY for final approval. 8. The SUB -RECIPIENT, prior to the cornmencement 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 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 fonn 4010 (Attachment D). 10. The SUB -RECIPIENT will provide documentation of results via the submission of the "CDB G — 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 agrees to comply with all requirements as outlined in the Special Grants Agreement Program Guidelines as described in Exhibit E. SUBRECIPIENT: Neighbors and Neighbors Association, Inc, 180 N.W. 62�d Street Miami, FL 33 15 0 IN STATE OF FLORIDA COL TY OF Leroy Jones Executive Director The foregoing instrument was acLmovviedged before me this by Executive Director of Neighbors and Neighbors Association, Inc.; a Florida not-for-profit corporation, on behalf of the corporation. Ht/She is personally known to me or has produced Print Notary Public's Name (SEAL) 2 Signature as identification. EXHIBIT C - COMPENSATION AND BUDGET SU'1I_MARY A. The CITY shall pay an amount not to exceed S428,_45 for the PROJECT pursuant to this Agreement as follows, i. Up to $64,280 (15% of the PROJECT cost) to the SUB -RECIPIENT for technical assistance and overseeing the PROJECT. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, and Staff Salaries Schedule are attached hereto and made part of this contract. All expenditures �� i11 be paid on a line -item basis and must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. '��%ithin 60 days of submitting each reimbursement request, copies of the cancelled checks or other CITY approved documents evidencing the payments by the SUBRECIPIENT, for which reimbursement was requested, shall be submitted. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various fanding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. The SUB -RECIPIENT will be compensated for the implementation of the PROJECT after the work of each treatment is completed. 2. $364,265 for the construction costs to rehabilitate the buildings. The itemized PROJECT Budgets, Cost Allocation Report for Construction, Rehabilitation and Improvements, and 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, tecluzical assistance, rehabilitation costs, and costs for architects, advertisement(s), permits and signs. B. Each written request for payment shall contain a statement declaring and affirming that services «ere provided to an approved business and in accordance with the approved Work Program and Program Budget and Exhibit D - Disbursement Procedures. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. C. During the teen hereof and for a period of five (5) years following the date of submission of the City of Miami's CAPER in which the specific activity is reported for the last time (unless there is litigation, claims; audit, negotiation, or other actions involving the records which has started before the expiration of the 5 -year period; in such cases, the records must be retained until the completion of the action and resolution of all issues which arise from it or the end of the regular 5 -year period whichever is longer), the CITY shall have the right to revie«7 and audit the related records of the SUBRECIPIENT pertaining to any payments by the CITY. D. The SUBRECIPIENT must submit the request for final payment to the CITY within thirty (30) calendar dans following the expiration date or termination date of this Agreement in a form to be provided by the Department. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the CITY may not honor any request submitted thereafter. E. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. Executive Director Date EXMBIT D DISBURSEN ENT PROCEDURES ARTICLE I 1.1 The Agreeinent establishes the conditions to the CITY's obligation to grant the CDBG Funds to the SUB-RECIPIENTT. The SUB -RECIPIENT may not request disbursement of funds pursuant to this Agreement until such funds are needed for the pay-aaent of eligible costs. Notwithstanding the restrictions of the previous sentence of this paragraph, the Allocation Retainage shall be disbursed by the CITY in accordance N -ith the provisions of Section 1.7 hereof y 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 «gill submit or cause to be submitted the following docu�rentat,ion 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, includinor: the amount to be paid to the SUB -RECIPIENT not to exceed fifteen percent (1%) 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 constiuction of the PROJECT bet-,veen 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 pa«nent of hard costs Nvill 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 workrnanslhip 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 �� givers shall be submitted to the CITY for review and approval before each disbursement. (b) Each request for payment 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 performed substantially in accordance with the drawings and specifications and in a rst-class workmanlike manner; (ii) All govermnental licenses and pen -nits 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 govenunental 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 infonnation 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 constiuction 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 fund to the SUB -RECIPIENT the suzn 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 may 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 riaht 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 1MISCELLANEOUS 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 terns not defined herein shall have the meanings provided in the Special Grant Agreement. -3- LN WITNESS WHEREOF, this A-eeinent has been executed by the SUB -RECIPIENT and the CITY on the date first above vm*tten. CORPORATE SECRETARY DATE ATTEST: PRISCILLA A.THOMPSON DATE CITY CLERK APPROVED AS TO L'NTSURANCE REQUIREMENTS: LEEANTN BREHM DATE RISK MANAGEMENT SUB -RECIPIENT: Neighbors and Neighbors Assoc. Inc. 180 N.W. 62nd Street Miami, FL 33150 a Florida not -for profit corporation PRESIDENT DATE (AFFIX SEAL) CITY OF MIAMI, a municipal corporation of the State of Florida mm -4- CARLOS MIGOYA DATE CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. BRU DATE CITY" ATTORNEY EXHIBIT E PROGRAM GtiIDELr ES 1, SiQnaae..Acknowjedaement. Publicity. During the Tenn of this Agreement, the SUB - RECIPIENT shall furnish silage identii�ring 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, peinianent or otherwise. All such acknowledginents shall be in a form acceptable to the CITY, as provided on Attachment "A". All publicity and advertisements prepared and released by the SUB-RECIPIENTT related to the PROJECT, such as pamphlets and new -,s releases, and all events cairied out to publicize the PROJECT, shall recognize the CITY as one of the PROJECT's funding sources. 2. Costs Incurred By the CITY. 'NTotwithstanding any other provision of this Agreement, the SUB -RECIPIENT understands and agrees that a portion of the CDBG Funds teas 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, enviromnental advertising costs and recordinff fees. 3. Insurance Requirements for Contractors. The SUB -RECIPIENT shall require the General Contractor and Subcontractors to satisf-v the CITY's insurance requirements, as provided on Attachment "B". 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 1 EXHIBIT E all contracts for the peiforinance of services or the supply of materials in connection «7itli 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 fi.:nds hereunder. 6. E.nviroiumental Report. The SUB -RECIPIENT shall submit all environmental infonnatiozi requested by the CITY with respect to the PROJECT includinff, but not limited to, Phase I and Phase II Enviroiunental 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-RECIPIENTT 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 if for the SUB- RECIPIENT's subcontractor(s). 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. 2 EXHIBIT E 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 revelations. 12. The SUB -RECIPIENT shall submit to the CITY for «7ritten prior approval all proposed Solicitation Notices, In-vitations for Bids, and Requests for Proposals. 13. The StJB-RECIPIENT, prior to the commencement of v,,ork, shall secure the Special Grant Agreement hard -costs �wjth 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. 1 lie SUB -RECIPIENT, contractors and sub -contracts shall comply with Davis -Bacon Act wage requirements on all construction, =rehabilitation and other labor and Nvork funded by the CITE" in excess of 52.000. 15. The SUB-RECIPIE'NTT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated Herein as part of this Agreement (Attachment D). 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 cor�tractorisubcontractor shall: a. Contact the SLB -RECIPIENT and the CITY prior to taking any action, to schedule a rneeting to receive compliance information. J EXHIBIT E 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 Bacan 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 vvritten approval_ all proposed Solicitation Notices; Invitations for Bids; and Requests for Proposals prior to publication. e. Submit to the SLB -RECIPIENT and the CITY all construction plans and specifications and receive the SUB -RECIPIENT and the CITY's approval prior to in, f. PROJECT construction must not continence until a HUD Release of Grant Conditions or a confirmation of exempt status has been issued for the PROJECT. SUB -RECIPIENT: Neighbors and Neighbors Assoc. Inc. 180yN.«T. 62'd Street Miami. FU 3315, 0 Leroy Jones Executive Director M II. EXPIIBIT I E SURAS CE REQUIRE•NIENTS TEC�'ICAL -ASSISTANCE Commercial General Liability A. L.iinits of Liability Bodily Injury and Property Damage Liability Each Occuirence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required S300,000 S600.000 5300,000 5300,000 City of Miami included as an Additional Insured Contractual Liability Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit/Split Limits Owned/Scheduled Autos S50.000/100.000/60.000 Hired and ?-Ton Ovviied Autos S50,0001100.000 B. Endorsements Required City of Miami included as an Additional Insured e An azeilcy may request ill writing the �valver of this cover age in paI Or as a w -hole if: a) The agency does not own any vehicles b) The agency does not hire the services of a company to perforin sen"ices for which the agency is being av,,,,arded the funding, and c) The agency does not allo«- 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= S 100,000 for bodily injury caused by an accident, each accident 5100;000 for bodily injury caused by disease, each employee 5500,000 for bodily injury caused by disease, policy limit NOTE: All certificates of insurance must be provided for revielic7 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,1 as to Financial Strength, by the latest edition of Best's Insurance Guide, published by, A. -M. Best Company, Oldw-ick, Ne«- T ersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. L II III ATTACIDIENT B V6LT,A_'�TCE REQUIRETNIE\TTS FOR A CERTIFICATE OF I SUR --NCE GENERAL CONTRACTOR COTNBILNITY DENTLOPMEI\'T PROJECTS (Over 5200,000) Commercial General Liability - A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence S1,000,000 General Aggregate Limit S2,000,000 Products/Completed Operations S 1;.000,000 Personal and Advertising Injury 51,000,000 B. Endorsements Required City of Miami included as an Additional Insured Neighbors and i.Teighbors Association; Inc, included as an Additional Insured Employees included as insured Independent Contractors Coverage Contractual Liability Premises/Operations Explosion, Collapse and Underground Hazard Business Automobile Liabilitv A. Limits of Liability Bodily hijury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non-Ovviled Autos Any One Accident S 1;000;000 B. Endorsements Required City of ,Miaini included as an Additional Insured Neighbors and Neighbors Association, Inc. included as an Additional Irisured t orker's Compensation Liinits of Liability Statutory -State of Florida IV. EMployer's Liability A. Limits of Liability S 100;000 for bodily injury caused by an accident, each accident $ 100,000 for bodily injury caused by disease; each employee 5500,000 for bodily injury caused by disease, policy III -Lilt V. Builders' Risk (IF APPLICABLE) Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $2,500 All other Perils 5% maximum on Wind A. Limit- at Site equal to the full value of the proj ect B. Coveraae Extensions: ® Materials, supplies and similar property o«,ned by others for which you are responsible. • Full coverage up to policy limits for equipment breakdown. ® Temporary storage/transit coverage. ® Full coverage up to policy limits for site preparation, re -excavation, re- preparation and re -grade in the event of a loss. ® Fences, scaffolding, construction forms coverage and signs ® Valuable papers coverage for blueprints, site plans and similar documents. ® Trees, shrubs, sod, plants while at premises. Flood, including inundation. rain, seepage and water damage. Earthquake Business h-iten-uption * Subsidence • Nevi, ordinance or law: reimbursement for an;, resulting loss of value to the undamaged portion, and required demolition expenses, including construction necessary to repair. rebuild or re -construct damaged parts. • Escalation clause in the event of a total loss up to 5% of policy limit. • Temporary structures; cribbing and false work built or erected at constriction site. • Unintentional errors and omissions in reporting clause • Full coverage up to policy limits for testing including physical loss caused by pneumatic and hydrostatic testing. • Debris Removal. Companies authorized to do business in the State of Florida; with the following qualifications, shall issue all insurance policies required above: 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 N�7ith the follm int 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, Old-Alck, New Jersey, or its equivalent. Ali policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. I; ATTACHMENT --C,, NVORK AUTHORIZATION FORM legal owner(s) of the property located at: Miami; Florida 331 give pennission to rehabilitate the exterior of my property. I further agree that the City of Miami and /or Neighbors and Neighbors Association; Inc. will not be responsible for any damages resulting from said rehabilitation. I have received a copy of the Program Guidelines (Exhibit E- Section 13) and agree to sigh a five (5) year Declaration of Restrictive Covenant with the City of Miami, prior to the commencement of work. I farther agree that, for the duration of the Covenant. I will not raise the tenant's rent. WITNESS SIGlN ATURE -WITNESS NI AME (PRINT) WITNESS ADDRESS CITY; STATE; ZIP PROPERTY OWTNER'S SIGNATURE PROPERTY OWNER'S N:A_I\IE DATE ATTACHMENT D Federal Labor Standard Provisions The time sensitive dates and the language for the Federal Labor Standards Provisions are as follows: 1) All provisions of the Federal Labor Standards Provisions HUD Form 4010 and the Applicable Wage* Decision must be incorporated in the bid packages, construction contracts, and subcontracts, and must be adhered to. 2) Ten days before bid opening, the CD Department must be contacted to ensure the applicable Wage Rate is being used and to "lock in" the Wage Rate for the project. The "Lock in" period is for ten days before bid opening. If the Bid is not opened within the ten days "Lock in" period then CD must be consulted again to inquire which Wage Rate is still applicable. 3) After the bid is opened, a contract must be executed with the contractor within 90 days in order for the Wage Rate that was issued at Bid opening to be applicable. If a contract is not executed within 90 days, then the Wage Rate that is current at the time of contract execution will be the applicable Wage Rate for the Project. 4) After contract award, a meeting should be held with the contractor and others involved entities to explain the Federal Labor Standards Provisions. * Applicable Wage Rate to be provided by CD once scope of project is provided and approved. ATTACHINIENT D HUD Farm 4010 DATE: TO VATHOM IT MAY CONCERN: representing (hereinafter referred to as "Contractor") Acknovwledae receipt of the HUD 4010 form whic17 states the Federal Labor Standards Provisions and the applicable v,,7age decision, vIdch are part of this particular project Name of project Contractor Name: Contractor Simlature: located at 17 Address of project ATTACIDIENT D Section 3 24 CFR Part 135 - at 135.38. This clause must be included in all Section 3 covered contracts. The contractor and subcontractors (where applicable) will be bound by its provisions. a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that the employment and other economic opportunities generated by HUD assistance of HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to ow and very low income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the contractor'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. d) The contractor 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 contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) a mer the contractor is selected but before the contract is executed; and (2) with persons other than those to whom the regulations of 24 Cl Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g) 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 ATTACEMENT D Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises P2rfles to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). ATTACHINIENT D City of Miami SECTION 3 ECONOMIC OPPORTUNITY PLAN QUESTIONS The Section 3 Economic Opportunity Plan must describe the proposed strategies for achieving the Section 3 training and employment numerical goals, and subcontracting numerical goals (where subcontracting is allowable in the Bid.) Please review the information below, and provide your responses on separate paper. (A Section 3 Economic Opportunity Plan Instruction Sheet is attached to further assist you in developing your responses to the information requested below.) 1. Identify individual(s) responsible for planning, implementing and tracking the projects' Section 3 training and employment goals. Describe their prior experience in this area. 2. Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate, and hire public housing and other low-income persons. Identify any private or public resources that will be used. 3. Describe contractor's activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting Section 3 subcontractors, where applicable. 4. Describe plans to structure project activities in ways that create opportunities for Section 3 firms' participation, where applicable. YOUR RESPONSES TO QUESTIONS 1-4 WILL CONSTITUTE YOUR PLAN; PLEASE ATTACH YOUR PLAN DOCUMENT AND ALSO INCLUDE THE FOLLOWING INFOMATION ON YOUR PLAN: (1)COMPANY NAME (2) YOUR NAME AND PHONE NUMBER (3) BID NUMBER AND NAME. ATTACEBIENT D SAMPLE FLAN QUESTIONS PLEASE RE -TYPE YOUR OWN FIRM'S PLAN ON YOUR FIRM STATIONERY FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER Question #1 Identify individuals responsible for planning, implementing, and tracking the project's Section 3 training and employment goals. Describe their prior experience in this area. The individual responsible for planning, implementing and tracking the project's Section 3 training and employment goals is John Doe, President (or the appropriate title of this individual), of name of firm (hereafter referred to as "Contractor"). He (or she) will obtain all pertinent information to become thoroughly familiar and ensure contract compliance with the HUD Section 3 Regulation. John Doe has worked on construction (or service, whichever is applicable) projects, and is qualified to administer contractor's Section 3 Economic Opportunity Plan (Plan.) Question #2 Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate and hire public housing and other low-income persons. Identify any private or public resources that will be used. Contractor will take the following steps to recruit, solicit, encourage, facilitate and hire public housing and other low-income persons, In the event any vacancies occur throughout the duration of the project: 1. Meet with resident associations and managers at the public housing site Where work is to take place, first, and second, at other public housing sites. 2. Schedule a time and place for public housing residents to complete job applications. 3. Develop a list of "pre -qualified" Section 3 public housing and other low- income residents who could fill job vacancies that may later become available. 4. Contract MDHA, at (305) 644-5277 for employment referrals. ATTAC'MIENT D S. Contact YWCA at (305) 377-9922, Ext. 204, or Fax (305) 373-9922 for HUD Youthbuild employment referrals. 6. Send notices about Section 3 training and employment obligations and opportunities required for this project to labor organizations, 7. Establish a training program to provide public residents and other low income residents with the opportunity to learn basic skills and job requirements. 8. Advertise in major and community newspapers and on job sites for workers who meet the definition of a Section 3 resident. Contractor will establish files to record and retain written documentation of all training and employment outreach efforts and resources from agency representatives and iob aopiicants. Question #3 (OML Y APPLICABLE TO RAMS THAT SUS COIVTAACT) Describe the contractor's activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting Section 3 subcontractors, where applicable. • Firm Name Page 2 of 3 Contractor will take all feasible measures to recruit, solicit, encourage, facilitate, and select qualified Section 3 business subcontracting firms to perform at least 10% of the project award amount (contract sum) for each City of Miami project for which Contractor is the successful bidder, Contractor will request the organizations, listed below, to provide lists of firms, organized by trade category that can perform required project work (in addition to these organizations, Contractor may also contact other organizations that provide such listings): 1. Miami -Dade County Department of Business Development 2. Contractor's Resource Center 3. Small Business Administration 4. Minority Business Development Center Contractor understands that, in addition to awarding work to qualified Section 3 businesses, it is our responsibility to: Use the contractor's or firm's solicitation letter to advertise to the "greatest extent feasible" to all firms on lists provided to us by the City of Miami and ATTACHMENT D other organizations about the type of work needed to complete each City of Miami project; 2. Advise firms of Contractor's obligation to seek and award work to qualified Section 3 businesses, where feasible; 3. Clarify the definition of a Section 3 resident and business, 4. Explain how to qualify as a Section 3 business in order to be eligible to receive a preference from Contractor when subcontractor work is to be awarded; and 5. Provide Section 3 certified firms that are qualified to perform work with an opportunity to submit price quotations for City of Miami project work, and where financially feasible, hire such firms as subcontractors. Documentation of Outreach to find E[iaib[e Section 3 Subcontracting Firms Contractor will establish files to record and retain written documentation of all outreach efforts and responses received from organizations and subcontractors who are contacted. 2. Contractor will fax the City of Miami Solicitation Letter to all firms that these organizations identify, based on each category of work required for each p roj ect. 3. Contractor will provide City of Miami with copies of its facsimile receipts to each of the organizations listed in its Plan and their responses. 4. Contractor will provide City of Miami with copies of its facsimile receipts and responses received from every firm that is faxed for each City of Miami project. 5. Contractor will provide City of Miami with an outreach close-out letter for each project awarded that refers to an attached outreach summary report. ff Contractor is unable to meet City of Miami requirement to contract at least 10% of the award amount to Section 3 businesses. Contractor will include in its close-out letter an explanation as to why this requirement was not met. 6. The outreach summary report, referred to in No. 5, above, will list all contacts made to each organization or association, the individual firms subsequently contacted, categorized by trade, and the bid amount or other type of responses received from each firm (similar to the sample outreach summary report attached to Contractor's Plan.) ATTACMIENT D 7. If a firm is non-responsive, Contractor agrees to make a second attempt at getting them to respond, failing which, Contractor will move on to another company, all of which will be submitted to the City of Miami, and referred to in the outreach close-out letter and summary report. (question (ONLYAPPLICABLE TO FIRMS THAT SUBCONTRACT) Describe plans to structure project activities in ways to create opportunities for Section 3 firms to participate, where applicable. Contractor will make every effort to structure project activities to increase opportunities for Section 3 businesses. This will be accomplished by sub -dividing the work into smaller amounts, or by using multiple firms to complete similar types of work. Submitted by: Submission Date: President Name, President ATTACHMENT D Procurement Procedures that Provide Preference To Section 3 Business concerns ATTACHMENT D OMB Circular A-110 Appendix A Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity -All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - Required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S,C. 276a to a -i) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - _ Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance ATTACH,IENT D with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 at seq.) and the Federal Vater Pollution Control Act (33 U.S.C. 1251 at seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U,S.C. 1251 Ct seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated f� unds to pay any person or organization for influencing or attempting to influence an offioer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list ATTACHNLENT D contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory. authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. This Instrument Prepared By and Return To: Cit}- of Miami Department of Community Development 4,114 S.W. ?°° Avenue Miami, Florida 33130-1910 EXHIBIT E DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Covenant") made this day of 2010 by ; (hereinafter referred to as the "Property Owner"), is in favor of the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"). RECITALS WHEREAS, by Resolution No. 10- . adopted June 10, 2010, the Miami City Commission allocated $428,545 in Community Development Block Grant Program funding ("CDBG Funds") to Neighbors and Neighbors Association ("NANA'') to carry out commercial rehabilitation activities (the "Project'); and WHEREAS, the Property ON mer holds title to certain commercial property located in the City of Miami, Florida, as legally described on Exhibit "A" (the `'Property'); and WHEREAS, the City and the Property Owner intend that the building exterior of the Property will be rehabilitated with CDBG Funds as part of the Project. Such rehabilitation will include new paint; window -s, doors, awnings, signs and other exterior rehabilitation, as needed; and WHEREAS, as consideration for the rehabilitation of the Property; the Property Owner desires to make a binding commitment to assure that the Property shall be used in accordance with the provisions of this Covenant; NOW, THEREFORE, the Propem% Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants ruru-iing with the land and binding upon Property Owner and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Covenant are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Use of the CDBG Funds: The Property Owner understands and agrees that the CDBG Funds approved for the Property shall be used exclusively for construction costs construction costs associated with the exterior rehabilitation of the Property, as more particularly described in Exhibit B, attached hereto and made part hereof. Section 3. Use of the Property. During the Covenant Period: (i) any sale or other transfer or conveyance of any interest in the Property; or; (ii) any change in the use of the Property, shall be in compliance with the requirements of 24 CFR Section 570.505 and require the prior written consent of the City, which shall not be unreasonably -�A-ithheld. During the Covenant Period, the Property shall not be used for any ineligible activity under 24 CFR Section 570.207 or under 24 CFR Section 570.2000). Section 4. Payment to the Citv. In the event of a violation; during the Covenant Period, of any of the requirements of Section 3 of this Covenant, the Property Owner shall, and covenants and agrees to, reimburse to the City of Miami, the amount of CDBG Funds provided for the Property, on a declining percentage basis, as follows: 100% in the first year, 80% in the second year, 60% in the third year, 40% in the fourth year and 20% in the fifth year.. However, if the Property Owner is able to demonstrate that the violation of Section 3 is due to hardship, then the City may, in its sole discretion and in compliance with the CDBG Regulation (24 CFR Part 570), adjust the amount payable to the City. Upon the expiration of the Covenant Period, this requirement shall not apply. Section 5. Tenn of Covenant: This Covenant shall remain in full force and effect and shall be binding upon the Property Owner, its successors and assigns from the date hereof until ("Covenant Period). Section 6. Inspection and Enforcement: The Property Owner understands and agrees that any official inspector of the City shall have the right at any time during normal working hours to enter and investigate the use of the Property to determine whether the conditions of this Covenant are being complied with. Section 7. Amendment and Modification: This Covenant may be modified, amended or released by a written instrument executed by the parties hereto. Should this instrument be modified, amended or released, the City Manager shall execute a written instrument in recordable form to be recorded in the Public Records of Miami -Dade County, Florida, effectuating and ackno-wledging such modification, amendment, or release. Section 8. Severability: Invalidation of one of the provisions of this Covenant by judgment of Court shall not affect any of the other provisions of the Covenant, which shall remain in full force and effect. Section 9. Recordation: This Covenant shall be filed of record in the Public Records of Miami -Dade County, Florida. Section 10, This Covenant is a covenant running with the land. This Covenant shall lapse and be of no further force and effect upon the expiration of the Covenant Period. -2- Section 11. The Property Owner shall notify the City within 10 business days of the occurrence of a casualty loss to the Property or in the event of the Property or any part thereof shall be condemned under the power of eminent domain. Section 12. In the event that the rehabilitation of the Property is deemed financially or otherwise unfeasible by the City; this Covenant shall be released by a V,,7ritten instrument executed by the City Manager and to be recorded in the Public Records of Miami -Dade County, Florida; effectuating and acknowledging such release. IN «%ITNESS WHEREOF, the Property Owner has caused this Declaration of Restrictive Covenants to be executed by its duly authorized officer(s) on the day and year first above -written. ATTEST: a Florida corporation MI Date: Property Owner Address: Miami. FL ACKNOWLEDGAIENTS STATE OF FLORIDA - ) ) SS: COUNTY OF IVIIA-MI-RADE- ) THE FOREGOING INSTRUMENT «las acknowledged before me on this day of 2010 by , 0«7ner of [Print Name] -who is personally known to me or who produced [Business Name] My Commission Expires: -, as identification and did/did not take an oath. Signature of Notary Public, State of Florida Printed Name of Notary Public M Physical Address: Legal Description: Physical Address: Legal Description: EXHIBIT A Legal Description of the Property -5- EXHIBIT B REHABILITATION BUDGET AND SCHEDULE m