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HomeMy WebLinkAboutSPECIAL GRANT AGREEMENTSPECLA.L GRANT AGREEMENT This Special Grant Agreement ("Agreements') is made this :F�h day of � ( C(r 2008, by and bet -ween the City of Miami, a municipal corporation of the Stare of Florida ("CITY") and Neighbors and neighbors Association. Inc., a Florida not-for-profit corporation 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 Cotnmunity Development Act of 1974 (the "ACT") WHEREAS, the City Commission. by Resolution 1,,To. R-08-0122, adopted March 13, 2008, allocated funds and awarded a grant to SUB-RECIiPIENT in the total amount of $250,000.00 to provide special economic development activities for the rehabilitation and construction improvements of the properties located at 5861 Neu 17 Avenue and,5841-45 Neu 17 Avenue better known as District 5 Business Corridor Expansion Project ("PROJECT"). WHEREAS, the SUB -RECIPIENT and the CITY wish to enter into 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: EXHIBITS EXXIIBITS. Attached hereto and forming a part of this AgTeerrmt are the follo�N7ir1Q Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement. Exhibit B '��Tork Program and Timeline Exhibit C Compensation and Budget Summary Exhibit D Disbursement Agreement 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 I. 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 for the PROJECT the GRANT to be used for the purpose of paging hard costs; and disbursed in the manner hereinafter provided. 2 I . 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. COATPLLANCE NA'ITH POLICIES AND PROCEDURES. The SUB-RECIPIE1 TT understands that the use of the GRANT is subject to federal regulations, which require specific reporting, record keeping, administrative methods, as well as contT acting guidelines, and other requirements affecting the activities Banded by the GRANTT 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 SUBRECIPIENT. The Policies and Procedures Manual is incorporated herein and made a part of this Agreement. The Cit;, of Miami reserves the right to update this Policies and Procedures Manual via Program Directives. These Prograrr. 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 Iimitin� the generality of the foregoing., the SUB -RECIPIENT represents and warrants that it v ill comply and the GRANT will be used in accordance with applicable uniform administrative requirements described in 24 CFR 570.502 and all federal laws and regulations described. in 24 CFR 570 Subpart K; provided, however, that the SUB -RECIPIENT shall not AMA 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 vaill comply with the Program Guidelines. 5. SCOPE OF SERVICES. 5.1 The SUB -RECIPIENT shall, in compliance v�ith the terms and conditions and in accordance with the purpose of this Agreement; provide the sent -ices for the PROJECT as described in Exhibit "B". attached hereto and made part hereof. 6. RECORDS AND REPORTS/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, 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 - 4 RECIPIENT agrees to cooperate with the CITY in the perform ance 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. 7. REVERSION OF ASSETS. Upon expiration of the tern of this Agreement; the SUB - RECIPIENT shall trar_sfer 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. S. REPRESENTATIONS AND VdARR_kNMES. The SLB -RECIPIENT represents and warrants that for a period of Eve (5) years from the date of the last disburseir_ent 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 RESPONSIBILITYf.L lO1N`ITORI-NG AND AUDITENIG 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 CI T Y'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. Aft AML 10. DISBURSEMENT OF GRAINT. T. The CITY shall make available to the PROJECT up to $20,000.00 as more particularly described in Exhibit `'C" attached hereto and made part hereof. 11. SEPARATION OF CHURCH/ST ATE. In accordance with the First Amendment Church,/State Principles; as a general rule, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities; including secular activities. 24 CFR 570.200(J) sets forth certain restrictions and limitations applicable to the use of CDBG funds for religious -related activities. These restrictions and limitations shall be obsen7ed at all times. 12. TERM. The term of this Agreement shall commence on March 13; 2008 and shall terminate -two, (2) years from the date Agreement is executed by both parties. 13. RE -N EDIES FOR NON-COMIPLLANCE. 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 following actions:_ (a) Temporarily withhold cash payments; pending correction of the denciency 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. G (c) Wholly 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. TER>N'I NATION FOR COINVEINTIENCE. The CITY may terminate this Agreement by convenience in accordance with the provisions of 24 CFR 85.44. 15. NON-DISCRIII'iI NATION. 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, national origin, age, marital status, or handicapped in connection with itsperformance under this Agreement, Furthermore, the SUB -RECIPIENT represents that no otherwise 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 INI TTEREST. The SUB -RECIPIENT has rceeived copies of, and is familiar with the following provisions regarding conflict of interest in the performance of this agreement by the SUB-RECIPIEINTT. The SUB -RECIPIENT covenants, represents and warrants that it will comply with all such conflict of interest provisions: (a) 24 CFR 570.611 and other regulations referred to therein. (b) CITY Code, Chapter 2, Article V, 7 AWN (c) Miami -Dade County Code, Section 2-11.1. 17. CONTINGENCY CLAUSE. Funding for this Agreeinent is contingent on the availability of funds and continued authorization for CDBG Program activities, and is subj ect to amendment or termination due to lack of funds or authorization, reduction of funds; 5;,,d/or chance in regulations. 18. FINDENINIFICATION. The SUB -RECIPIENT shall indemnify and hold harmless the CITY, its agents; officers; and employees from and against any and all claims, liabilities; losses; and causes of action «hiclh may arise out of the SUB-RECIPIENTT's performance under this Agreement, hacl_uding all acts or omissions to act on the pert of the SUB -RECIPIENT and any of its contractors/subcontractors; employees, agents and any person acting for or on their behalf; and I rom and against any and all -costs, attorney's fees, expenses and liability in relation to any, orders, judgments or decrees which may be entered azai_. t the CITY; and all costs, expenses and liabilities incurred by the CITY in connection vv'ith the defense of any such claims or in the investigation thereof. 19. INTSUR INCE. At .all times during the term hereof, the SLB -RECIPIENT shall maintain il-lsurance acceptable to the CITY. Prior to commemcing any activity under this Agreement; the SUB -RECIPIENT shall f,=ish to the CITY original certificates of insurance indicating that the SUB -RECIPIENT is in compliance -�i-ith the provisions described in Exhibit "I" attached hereto; \vhich by this reference is incorporated into this Agreement. s Compliance with the requirements stipulated in Exhibit "I" shall not relieve the SUB-RECIPIEINTT of its liability and obligations under this section or under any other section of this Agreement. 01 • SLAB -RECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the A7eement. SUB-RECIPIET.?T shall inde=Lify, defend and hold har -Mess the City and its officials, Employees and agents (collectively referred to as "L�dernnities") 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 o£ resulting from, or in connection -with (i) the performance or non-performance of the services contemplated by this Agree=ment which is caused, in whole or inpart, by any act, omission; default or negligence (v,;- ether active or passive) of SUB -RECIPIENT or its employees, agents or subcontractors, or (ii) the failure of the SUB -RECIPIENT to comply With any of the paragraphs herein or the failure of the SUB -RECIPIENT to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. 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 vviiich the SUB-RECIPIENT's liability to such employee or forrner employee , ould otherwisc be limited to payments under state Workers' Cornpensation or similar laves. 20. A.A'LE'!'DIMENTS. No amendments to this Agreement shall be binding on either party; unless in writing and signed by both parties. A 21. ONNINERSMP 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 propel° 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 previsions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any documents which is given 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 whatsoever, without the written consent of the CITY. 22. AWARD OF AGREEMENT. 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, coalimssion percentage, brokerage fee, or gift of any kind contingent upon or resulting from the a -ward of this Agreement. 23. NON-DELEGATABILITY. The obligations of the SUB -RECIPIENT under this Agreement shall not be delegated or assigned to any other party without the CITY's prior written consent which may be withheld by the CITY, in its sole discretion. 10 24. CONTSTRUCTION OF AGREEMENT. This Aareerrment 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 Qoverru?ents. %c. TERNII`.TATION OF CONTRR4CT. The CITY retains the right to ter -,'nate this Agreement at any tsiie vvithout penalty to the CITY. In that event, the CITY shall jive «vritten notice of termination to the SUB -RECIPIENT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. lin no case; hov ever, 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 performance 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 way be obligated and shall not pay to the SUB -RECIPIENT any sum v ,hatsoever. It is also understood that in accordance w;th 2A, CFR 85.441 suspension or termination may occur if he SUB -RECIPIENT materially fails to comply -,=ith any term of this Agreement, or if the CITY deems it convenient to terminate it. 26. GENERA, CONDITIONS. (a) All notices or other communications which shall or may be given pursuant to thds Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the pari at the address indicated herein or as the same 11 may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted; or the date of actual receipt, whichc�,er is earlier. CITY OF KLA -ATI Neiahbors and Neighbors Association, Inc. DEPARTMENT OF CON. D UNITY 180 INIV 62nd Street DEVELOPMENT Miami, FL 331-50 444 S.«7, -2 NTD AVENUE. 2"d Floor MIAMI, FL 33130 (b) Title and paragraph readings are for convenient reference and are not a part of this Agreement. (c) In the event of conflict beMccn the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. (d) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. (e) Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the CITY. then such supervision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, 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. 12' 27. INDEPENDENT CONTRACTOR. The SUB -RECIPIENT, its contractors, subcontractors, employees and agents shall be deemed to be independent contractors, and not aPents or employees of the CITY; and shali 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 ANM ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns, 29. ASSURANCES AND CERTIFICATIONS. The SLB-RECIPIENTT assures and certifies that: (a) All expenditures of the GRANT will be made in accordance with the stated budget allocation as approved by the City Co=fission. (b) The GRANT will not be co -r- ingled with. any other fords and that separate bank accounts and accounting records a i11 be maintained. (c) The expenditures of the GRANT will be properly documented and such documentation will be maintained on fle. (d) Periodic progress reports will be provided to the CITY as requested. (e) The SUB -RECIPIENT will be liable to the CITY for the arnount of fhe GRANT expended in a manner inconsistent with the work approved by the City Cornrnission. No activity under this Agreement shall involve political activities. { (f) The SUB -RECIPIENT possesses legal authority to enter into this Agreernent, a. resolution, motion or similar action has been duly adopted or passed as an off tial act of the SU-B-RECIPIENT's governing body, as horizing the execution of this Agreement, including all understandings the person identified as the official representative of the SUB -RECIPIENT to act in connection «-ith the CITY and to provide such additional information as may be required. 30. REVERSAL OF ASSETS/RESTRICTIVE COVEN A IT. The CITY shall have the right to record a restrictive covenant for each one of the properties in the PROJECT to ensure compliance vvith the use/disposition restrictions provided for herein. 31. RECAPTL-IR OF FUI'�'DS� The CITY resen, s the right to recapture funds in the event that the SUB -RECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the_direction of the federal; state, and local agencies. 32. ENTIRE AGREEN[ENT. TEs instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said GR NTT 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. IN WITNESS «`HEREOF; the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. 14 ATTEST: CORPORATE SECRETARY DATE ATTEST: I RISCILLA A. THOMPSON DATE CITY CLERK APPROVED AS TO INSURANCE REQUIREI\1ENTS : : f� J LEEANN BREHM DATE DIRECTOR. RISK MANAGEMENT 15 Neighbors and Neighbors Association, Inc. 180 NW 62nd Street Miami, FL 33150 a Florida not -for profit corporation PRESIDENT D _IJTE (AFFIX SEAL) CITY OF MI ANII, a municipal CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: )ATE NLIE 0. BRU Q/ DATE CITY ATTORNEY 'VVWT_PTT R WORK PROGRAM AND TINIELII\E 1. CDBG grant funds in the amount of 5250,000 were allocated to Neighbors and Neighbors Association Inc., (SUB -RECIPIENT) to provide special economic development activities for hard costs resulting from the implementation of the City of Miami District 5 Business Corridor Commercial Expansion and Rehabilitation Project ("PROJECT") which will provide for rehabilitation of building exteriors and interiors located at 5841-45 NW 17 Avenue and 5861 N'W. 17 Avenue. This was approved by the City of Miami Commission through Resolution R-08-0122 on March 13, 2008. 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) can be undertaken by the SUB -RECIPIENT. 3. The SUB -RECIPIENT will provide assistance for this PROJECT under the provisions of 24 CFR 570.203(b) and the program gaidelines as stipulated in Exhibit D. A detailed description of the PROJECT, including a timeline for completion for each building is attached hereto and made part of this Agreement. 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 for that type of business. 5. The SUB -RECIPIENT, prior to the commencement of work, shall obtain an executed Work Authorization form (Attachment E) from the property and business ovmers. 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. r 6. The SUB -RECIPIENT, prior to the commencement of «work, shall secure rehabilitation grant hard -costs with a five (6) 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 as Attachment "C". 7. The SUB -RECIPIENT will insure that the PROJECT complies with 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. 8. The SUB -RECIPIENT, prior to commencing any rehabilitation for the PROJECT, shall obtain a certificate of insurance indicating the Contractor and Sub -contractors are in compliance with the provisions described in Attachment B. 9. The SUB -RECIPIENT shall ensure the Contractors and Sub -contractors are in compliance with the Davis Bacon Act and Section 3 of the Housing and Urban Development Act of 1968, as amended. The SUB -RECIPIENT shall ensure that the Contractors and Sub -contractors are in receipt of the HUD form 4010 form (Attachment D). 10. The SUB-RE.CIPIENTT 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 agrees to comply with all requirements as outlined in the Special Grants Agreement Program Guidelines as described in Exhibit E. 2 SUBRECIPIENT: Neighbors and Neighbors Association Inc. 180 NW 62 Street Miami, FL 3310 By: Leroy Sones Executive Director STATE OF FLORIDA COUNTY OF Pa- , r The foregoing instrument was ackno«7ledged before me this ��— �- 2`' 1 by ��-� Executi�,e Director of Neighbors and Neighbors Association Inc., a Florida not-for-profit corporation, on behalf of the corporation. He/She is personally known to me or has produced 1-645w'Q ((,y as identification. I-- Print Print Notaiy Public's Name / -"' Signature (SEAL) si2w �apun o.k 6 [MON N4L papuoq yo 'P ; t lD2 '�� �°{N �S3liIdX3 S6B£19 Ga � NOfSS1N'IM00 I,W =`� ; BOYTTVM Kt3P ' 1{'„ ,•'' EXHIBIT C — COMPENSATION AND BUDGET SLWIN ARY The CITY shall pay the PROJECT; as maxi -num compensation for the services required pursuant to this Agreement the sum of 560.0000.00 for hard costs resulting from the implementation of the City of Miami District 6 Busuzess Corridor Commercial Expansion and Rehabilitation Project ("PROJECT'') which will provide for rehabilitation of building exteriors and interiors located at 6841-46 NW 17 Avenue and 6861 NW 17 Avenue B. During the term hereof and for a period of five (6) 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 SUBRECIPIENT pertaining to any payments by the CITY. C. Requests for payment should be made folloN ing the procedures stipulated in Exhibit D - Disbursement Agreement. Payments for the PROJECT will be made directly to the vendor/contractor related to the PROJECT not the SUB -RECIPIENT. D. The grant will be utilized to pay for the hard cost resulting from the interior and exterior rehabilitation of properties located at 6841-46 NTW 17 Avenue and 6861 NW 17 Avenue. The grant will not be utilized to pay SUB -RECIPIENT for the technical assistance provided under this Agreement. E. SUB -RECIPIENT'S and PROJECT Itemized Budgets, Cost Allocation Report for Construction, Rehabilitation and Improvements, Budget Narratives are attached hereto and made part of this contract. The budgets shall list in detail all the costs for the PROJECT including but not limited to technical assistance, rehabilitation cost, architecture, advertisement, pen -nits and signs. F. The SUB -RECIPIENT must submit the final request for payment to the CITY within 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 and the CITY shall not honor any request submitted thereafter. G 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 modifcations thereto. Executive Direct Date CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COST ALLOCATION REPORT FOR CONSTRUCTION, REHABILITATION AND IMPROVEMENTS Neighbors and Neighbors Association PROJECT NAME & ADDRESS: _ Shrimp, Wings Ming 5843 NW 17th Ave Fundina Sources: Specifv Name and Amount of Fun(MIQ Land Acquisition —� Hard Costs Construction incl. Site work 77,550 77,500 Construction Contingency Construction: Concrete/Soil Test Construction Supervision Site Preoaration Materials ' (—i Total Hard Costsj 77,500 1 77,500 Soft Costs Legal Permit Fees' Licenses / Environmental / Utilities Fees _ Appraisal / Surveys Insurance: Construction Period Marketing / Advertising Construction/Project Mana ement Environmental/Feasibility Studies Inspections signage & Ads Construction Accounting Soft Cost Contingency For Use by City: City incurred Costs Total Soft Costs Total Proiect Cost Total Project ($) City of Miami CDBG ($) Hier ); 1ee17 other th OtherM, ).00 300 Land Acquisition —� Hard Costs Construction incl. Site work 77,550 77,500 Construction Contingency Construction: Concrete/Soil Test Construction Supervision Site Preoaration Materials ' (—i Total Hard Costsj 77,500 1 77,500 Soft Costs Legal Permit Fees' Licenses / Environmental / Utilities Fees _ Appraisal / Surveys Insurance: Construction Period Marketing / Advertising Construction/Project Mana ement Environmental/Feasibility Studies Inspections signage & Ads Construction Accounting Soft Cost Contingency For Use by City: City incurred Costs Total Soft Costs Total Proiect Cost 450 100,000 1 100,000 700 700 _ 000 2,000 ).00 300 450 100,000 1 100,000 CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COST ALLOCATION REPORT FOR CONSTRUCTION, REHABILITATION AND IMPROVEMENTS Neighbors And Neighbors Association PROJECT NAME & ADDRESS: `A Mother's Care Inc. 5851- 5861 NW 17th Avenue Fundinn gnijrres: SnPrifv (Vamp and Amnnnt of Fnnrlinn - Land Ac uisitimi Total Project ($) City of Miami CDBG ($) Miami -Dade Cty Owner Other ): t her ('): Other _ Land Ac uisitimi �'- Hard Costs 139,000 124,500 14,500 Construction incl. Site work Construction Contin enc Construction: Concrete/Soil Test Construction Supervision 5,000 5,000 Site Preparation E ui ment 6,000 6,000 Materials Total Ward Costs 150,100 129,600 20,500 Soft Costs 29,500 2,500 27,000 Architectural and Engineering Im pact Fees _ Le al Permit Fees 3,000 3,000 Licenses / Environmental / Utilities Fees 1,500 1,500 _ Appraisal / Surveys 900 900 Insurance: Construction Period 2,000 2,000 Marketing / Advertising 700 700 Construction/Project Management 10,000 10,000 Environmental/Feasibility Studies 2,000 2,000 Inspections Signage & Ads $ 300.00 300 Construction Accounting Soft Cost Contingency 2,000 For Use by City: City Incurred Costs Total Soft Costs 61,400 20,400 4,500 27,000 Total Project Cost 202,000 150,000 25,000 27,000 EXIIBIT D DISBURSEMENT AGREEMENT This Disbursement Agreement is made this day of 2008 by and between Neighbors and Neighbors Association Inc.., a not for profit corporation, (hereinafter the "SUB -RECIPIENT"), and the Citi- of Miami, a municipal corporation of the State of Florida; through its Department of Community Development (hereinafter the "City"). 0147 WHEREAS, the City Commission, by Resolution No. R-08-0122; adopted March 13; 2008, allocated funds and awarded a grant to SUB -RECIPIENT in the total amount of $250,000.00 to provide special economic development activities for the rehabilitation and construction improvements of the properties located at 5841-45 N"�Aj 17 Avenue and 5861 NW. 17 Avenue better kno xn as District 5 Business Corridor Expansion Project ("PROJECT"); and WHEREAS, the SU -B -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' and WHEREAS, the SUB -RECIPIENT and the City desire to establish the mechanism �vhereb;% the SUB -RECIPIENT will apply to receive the CDBG Funds. NOW, THEREFORE, for and in consideration of the SUB-RECIPIENT's development of the PROJECT and the reciprocal agreements set forth herein, the SUB -RECIPIENT and the City agree as follo-ws: ARTICLE I DISBURSEMENT PROCEDURE 1.1 The Agreement establishes the conditions to the City's obligation to grant the CDBG Funds for the PROJECT. The SUB-RECIPIEINTT may not request disbursement of funds pursuant to this Agreement until such funds are needed for the payment of eligible costs. Provided the City is obligated to disburse the CDBG Furds pursuant to the CDBG 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, seting forth such details concerning construction of the PROJECT as the Civy shall require, including: the amount paid to date to the contractor(s) constracting the PROJECT (the `Contractor") and pursuant to the contract for the construction of the PROJECT bem,een the SUB -RECIPIENT. and or Property Owner 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 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 pay mutt 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 , 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 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 dra«ngs 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; and (iv) No Event of Default has occurred and is continuing and there is no continuing default under the Construction Contract. -2- (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 revie,,N-s, approvals, and conclusions shall be for the sole benefit of the City. All construction change orders must receive the prior written approval of the City. 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 CDBG Agreement, the City shall fund the PROJECT 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. 1.7 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 Aareement, the CDBG 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 CDBG Aareement. -3- INT WITNESS W -HEREOF, this Agreement has been executed by the SUB -RECIPIENT and the City on the datefirst above written. ,/4na_ 4 aZe � CORPORATE SECRETARY DATE ATTEST: t j t. PRISCILLA A.THOIvIPSON DATE CITY CLERK APPROVED AS TO INSURANTCE REQUIREMENTS: l ^l LEEANN BREHM DATE RISK MANAGEMENT SLB-RECIPIE1NTT: Nei,2hbors and Neighbors Association Inc. 180 NW 62 Street Miami, FL 331-50 a Florida not -for profit corporation BY: EXECUTIVE �_CTOR DATE (AFFLX SEAL) CITY OF MIAMI, a municipal corporation of the State of Florida -4- PEDRO G. HERINANIDEZ DATE CITY MAI�TAGER APPROVED AS TO FORIM AND CORRECTNESS; JULIE 0. BRU --" DATE CITY ATTORNEY Attachment B INSURANCE REQliIREMENTS FOR A CERTIFICATE OF INSURANCE- CD- (CONSTRUCTION PROJECTS OVER ($200,000) Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ ?,000,000 Products/Completed Operations S 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured Independent Contractors Coverage Contractual Liability Waiver of Subrogation Premises/Operations Explosion, Collapse and Underground Hazard Loading and Unloadinc, II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Sinale Limit Any Auto _ v Including Hired, Borrowed or Non -Owned Autos Any One Accident S 1,000;000 B. Endorsements Required City of Miami included as an Additional Insured JIT. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subro'gation IV. Employer's Liability A. 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 V. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence v $ 1,000,000 Aggregate $ 1,000,000 VII. Owners & Contractor's Protective Each Occurrence $1,000;000 General Aggregate $1,000,000 VI, Payment and Performance Bond VIII. Builders' Risk Causes of Loss: All Risk-SpecificCoverage Project Location Valuation: Replacement Cost Deductible: $2,500 All other Perils 5% maximum on Wind City of Miami and Model City Trust included as an Additional Insured A. LimitiVahle at Location or Site S B. Coverage Extensions: • Materials, supplies and similar property owned by others for which you are responsible. • Full coverage up to policy limits for equipment breakdown, • Temporary storap /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, eonstnletion forms coverage and signs • Valuable papers coverage for blueprints, site plans and similar documents. • Trees, shnibs, sod, plants while at premises. • Flood, including inundation, rain; seepage and water damage. • Earthquake • Business Internption • Subsidence • New ordinance or law; reimbursement for any resulting loss of value to the undamaged portion, and required demolition expenses, including construction necessary to repair, rebuild or re-constnict 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 construction site, • Unintentional errors and omissions in reportina clause • Full coverage up to policy limits for testing including physical loss caused by pneumatic and hydrostatic testing. • Debris Removal. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (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.11'I. Best Company, Oldwick, Nes,, Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Rist: Management prior to insurance approval. E:X.IIIBIT E PR0GRAl12 GUIDELINES 1. SianaQe. Acknovh,ledaement. Publicity. Durina the Tei �� of this AL-reement. the SLB -RECIPIENT shall furnish signage identifying the PROJECT and shall acknov,71tdge the contribution of the City by incorporating the seal ofthe City and the names of the Ci:-*,, comL issioners and officials in all documents, literature; pamphlets, advertisements; and signage, permanent or otherwise. All such acl nouJledgments 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 Citv. Notwithstanding any other provision of this Agreement, the SUB-RECIPIENTT understands and agrees that a portion of the CDBG Funds yeas awarded to the PROJECT, 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 recordina fees. 3. Insurance Reauirements for Contractors. The SUB -RECIPIENT shall require the General Contractor and Subcontractors to satisfy, the City's insurance requirements, as provided on Attachment "B''. EXHIBIT E �. List of Subcontractors. The SUB -RECIPIENT shall submit a list of all of the PROJECTS'S subcontractors as of the date of execution of this Agreement, and copies of all contracts for the performance of sen ices or tine supply ofmateriais in connection � ith the Project, 5. Historic Preservation Review. All applicable requirerlents of the State of Florida Historic Preservation Department shall have been met prior to the disbursement of any funds hereunder. a. Environmental Report. The SLB -RECIPIENT shall submit all environmental inforrnation requested by the City «with respect to the PROJECT including, but not 1-Lmited to; Phase I and Phase lI Environmental Assessment Reports, as applicable. 7. Environmental Clearance. 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 perforrance 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 prograrnrnatic activities, to ensure Its compliance ,vith the requirements of this Agreement. The City's revie-w and confirmation shall_ be obtained prior to the release of any funds for the PROJECT'S contractor(s) and subcontractor(s).. 10. The SUB -RECIPIENT and the PROJECT contractor(s) and subcontractors shall comply with. the Davis -Bacon Act; if applicable, the Copeland Anti -Kick Back r� EXFIIB IT E 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. 11. The SUB -RECIPIENT shall_ submit to the City, for �; Ti ten prior approval ail proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals. 12. The SUB -RECIPIENT, prior to the commencement of work, shall secure the rehabilitation grant hard -costs -Mth a five (6) 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 `=C". 13. The SUB -RECIPIENT and the PROJECT contractor(s) and sub -contractors) 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. 14. The SU -B -RECIPIENT and the PROJECT contractor(s) and sub-contractor(s) shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement (Attachment D). 15. The SUB -RECIPIENT shall insure that all contracts with contractors and all subcontractors incorporate the follov-inQ 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. EXHIBIT E b. Comply with the contractor's procurement and pre-a-,,vard requirements and procedures v,71lich; at a =.-imum, 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. e. Submit to the SUB-RECIPIENTT 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. 16. All other docuents required by the Ct �nn. Still -RECIPIENT: Neighbors and Neighbors Inc. ISO IST«% 62 Street Miami. FL 33 150 By: Leroy Jones Executive Direc't �r 4 trOchmgo /4 Building Better. .Neighborhoods Project Cost: $ 14,072,800 City Contribution $1,700,000 Welcoming Miami Home 4' x 6' Pressure Sensitive 2 mil cast vinyl overmounted with 3 mill mylar and mounted to 1/2"mdo with varnished or painted back cont: Akz'denz Grotesk Pantone Peflex Blue C 1 Pantone 117 C Pantone 871 C Black CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the hest of his or her lmowledge and belief, that: (1) N.To Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant; loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance Nvith its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All' sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance «as placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. L Name of Print name of Certifying Official Signature of Ce jf�ing,Official Date ! �` 27 City of MI QI-?'t STATE OF FLORIDA The foregoing instrument was ackknowledaed before me this dayof!`J��j ,200� by C 4 r-4 I who is personally known to me or who (name of erson whose signature is be._ng notarized) � v produced Jkvt },fir ry as identification, and -who d' t (Type Gndentification) ; q" Zf` JEAN WALLACE *i = MY COMMISSION k DD 673895 ' EXPIRES: May 22, 2011 a Bantletl ThN Notary Puon_ Undenv Pers NOT C; (Signature) (Print Name) My cornmission expires SEAL W. CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. The applicant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perforrzing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or _falsification or destruction of records, malting false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal. State, or local) with commission of any of the offenses enumerated in paragraph l.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I 'Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. Applicant/Agency v Print'Name.of Certifying Official Signature of Certifying Official Date 29 City of 1111/ / / STATE OF FLORIDA The foregoing instrument was acknowledged before me this day of 200P'� by , L'11 --7S _ _ -ho is personally kcnoi,�,-n to me or -who (name of person whose sib attire is being notarized) p r oduced-,d" -//� . --- as identification, and -ho did/did not take an oath. (Tvpe o denlincation) NOTARY PUBLIC: e (Print Name) My commission expires SE_A-L 30 JEAN 1h'RLLRCE ^ . � t,y .COMMISSION R DD 87389,- EXPIRES; 'f Ps May 22 2n11 Bonded Tnru N otzry public Unuerwritars 30 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO AT THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL. AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to By (Print this individual's name and title) for t 1 �_� _�c� 4 ` � �\ Q) C (4 -.� t (Print name of entity submitting statement) whose business address is and whose Federal Employer Identification Number (FEIN is if the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, -,,vith or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287,133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term, "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person; or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement; shall be a prima facie case that one person controls another person. A person who kiiowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which othenvise transacts or applies to transact business with a public 31 entity, The term `'person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which statement applies), Neither the entity submitting this sworn statement, nor any of its officers, directors. executives, partners, shareholders, employees, members, or agents who are active int he management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity. submitting this sworn statement, or one or snore of its officers, directors, executives, partners,. shareholders; employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past. 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity slabmitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECE-M3ER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I A_M REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANTGE �T THE i'NFOR,IATION CONTAINED IN THIS FORM. Signature I City of % %( � 1_� STATE OF FLORIDA S -w orn and subscribed before me this jb day of `i G 200r—' by ,7 4S who is Personally lmown to me f I Or who produced identification - (T;pe of Identification) NOT. IC: My commission expires a (Print Narne) SEAL JEM WALLACE J *` MY COMMISSION't DO 673695 I . � EXPIRES: May 2 2011 .1 dad Thru N7ay Public Underwriters 2 EXHIBIT I INNSURAINCE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence v $300,000 General Ag gegate Limit $600,000 Personal and Adv. Injury 5300,000 Products/Conipleted 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. Endorserrments Required City of ?Miami included as an Additional Insured 0 An agency cq _ , may re nest in v%riting the waiver of this coverage in part orasa v, -vole if. a) The agency does not o wn 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 1 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 $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 mast be provided for review and approval prior to the effective date of the agreement. The above policies shall provide the City ofMiami with written notice of cancellation or material chancre from the insurer not less than (10) 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.At Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Disk Management prior to insurance approval. DON ACOR© CERTIFICATE OF,, f (ABILITY INSURANCE I DATEIMNB 4/29/9/ : PROOLIMI THIS CERTIFICATE IS ISSUh— HS A MATTER OF INFORMATION A V INSURANCE AGENCIES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2497 NW 79th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Miani, FL 33147 I (305)696-2291 INSURERS AFFORDING COVERAGE I NAIC# INSURED NEIGHBORS & NEIGHBORS ASSOC. INC INSURER SCOTTSDPZE 180 NW 62 ST IINSURERB: PROGRESSIVE INSURANCE MIAMI , FL 33131 INSURER C: FLORIDA RETAIL FED ERA L INSURER D: FIRST COMMERCIAL INSURER E: AMERICAN EAGLE BOND COVERAGES THE POLCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA—M-0. NOTWVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED.SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE i ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, anR I PDJOY EFFECTIVE POUCYEXPIRATION LTd TYPE OF INSURANCE POLICY NUMBER DATEfMIWDDKYI I DATEMAIDDKYI I LIMBS RAL UABILTY EACH OCCURREN_e �y COMMERCVL GENERAL WBRTY hX DAMAGE TO RENTED O O O O O O IEa aenq) f 1 PREMISES bra 7 CIAIMSMAOE OCCUR MEDS.XP(A,y—p—) S 51000 A X CLS996647 03/03/08 03/03/09 PERSONALdADVINJURY I f EXC INS GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE UWAPPLIES PER PRODUCTS -COMPIOP AGG I f EXC INC 7X —7I JECT �I LOC AUTOMOBILELNBIUTY ANYAUTO COAIBINOO G:itl[+6) S (EasSINGLE UMR 300,000 BODILYItJURY (Pet P—) S I X ALLOWNEDAUTOS SCHEDULED AUTOS B X HIRED AUTOS FLC7009549 02/20/08 02/20/09 I BOD, ,u, I X NON-OWNEDAITOS (py.yaM) f PROPERTY DAMAGE f �`,1 AUTO ONLY-EAACCIDEM EAACC I OTHERTHAN S LIMA'= �� �I \�,'.'." '1,1 •�,�' �`�.;I ', r `{� AUTOONLY: AGG S IEXCESSAM1IBRELIA LIABILITY LINA `F✓jy, � �/ ✓ ✓ EACH OCCURRENCE AGGREGATE S 1 0 0 0 0 00 X OCCUR �� CLABlSIMDE IV PFRS & D INCL, 4948607 02/26/08 02/26/09 I PROD COM OP I f INCL , C�xE Ducne ( S I RETENTION f 2,500 I WORILP-SCOMPENSATONAND EMPLOYERS LIABILITY N Rwa I 0520 27457 0000 02/06/08 02/06/09 I WCSi ATU. IOTW EL EACHACCIDET f 100,000 E -L DISEASE - EA EMPLOYE_ f 100,000 Da E.L DISEASE- POLICY LBNT .. S -500,000 I SPECIALPROVISIONS briar I - I F OTHER FIDELITY BOND CRP4-17-64-10-01 03/31/08 03/31/09 $150,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESI EXCLUSIONS ADDED EYENDOPSEMENTISPECIALPROVISIONS A ADDITIONAL T_NSURED : CITY OF MIAMI DEP_A_RTIYPNT OF RISK MAhAGEM.ENT 444 SW 2ND AVE 9TH FLOOR MI_DAMYYI , FL 33130 I ItIUAA I t HULOtIl ADDITIONAL LOSS PAYEE CITY OF MIAMI DEPARTMENT OF RISK MANAGEMENT 444 SW 2ND AVE 9TH FLOOR MI2L MI , FL 33130 ACORD 25 ( 2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER-, ITS AGENTS OR REPRESENTATIVES. OACORD CORPORATION i 988 File ID TM: 08-00227 Version: 1 City of Miami Master Report Resolution R-08-0122 Controlling Office of the Cir Body: Clerk City Hall 3500 Pan American Drive Miami, FL 33133 v ww .miarnigov.com Enactment Date: 3;13/08 Status: Passed Title: .A RESOLUTION OF THE MIAMI CITY COMjvflSSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF 5250,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 5 BUSINESS CORRIDOR EXPANSION AND REHABILITATION ACCOUNT; ALLOCATING SAID FUNDS TO NEIGHBORS AND NEIGHBORS ASSOCIATION, I v'C.. AS SPECIFIED IN E=BIT "A," ATTACHED AND INCORPORATED, TO PROVIDis CIAL ECONOI IIC DEQ%LOPMENT.ACTIVITIES FOR TI IE COMMERCJ�J REHABILITATION OF THE PROPERTIES LEGALLY DESCRIBED IIN EXHIBIT "B " ATTACHED ,AND INCORPORATED; AUTHORIZING THE NAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FOP -M, NVITH SAID .AGENCY. FOR SAID PURPOSE. Reference: Introduced: 2/21/08 Name: TransferrinaFunds-N.AN.A Requester: Department of Cost: Final Action: 3/13/08 Community Development Notes: Sections: Indexes: Attachments: 08-00227 Leeislation.pdf. 08-00227 Exhibit.pdf, 08-00227 Exhibit2.pdf, 08-00227 Exhibit3.0df, 08-00227 Exhibit4.pdf 08-00227 Exhibi15.pdf, 08-00227 Exhibit6.pdf, 08-00227 ExhibitTpdf. 08-00227 Exhibit8.pd' 08-00227 Exhibit9.pdf 08-00227Exhibitl0.pdf, 08-00227 Exhibiil I.pdf, 08-002-17 Exhibitl2.pdf. 08-00227 Exhibitl3.ndf 08-0022-277 Summary Form.pdf, 08-00227 Public Notice.pdf, 08-00227 Pre-Leeislation.plif. 08-00227 Policy Attachment.pdL 08-00227 Attachment A.pdf; 08-00227 Pre-Legislatio;,2.pdf, 09-00227 Pre-Legisiation3.pdf, 08-00227 Anachment A2.pdf, 08-002%7 Pre-Legislation4.pdf. 08-00227 Exhibit A.pdf, 08-00227 Police Artachment2.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Office of the Ciry Attorney 3/3/08 Reviewed and Approved City of MJiaini Pzge 1 Printed on 6;'23i2008 City Commission 3/13/08 ADOPTED Ciry of.Miami Pace ? Primed on 6 23.2005 This Instrument Prepared By and Return To: City of Miami Citi no: ,ey s Of -ice 444 S.W. Avenue Miami, Eorida 33130-19:0 ATTA.CHNIENT "C" DECLARATION OF RESTRICTIVE COVE1\TANTS This Declaration of Restrictive Covenants (the "Covenant") made this day of 2008 by a Florida for -profit corporation (hereinafter referred to as "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, Property Owner holds title to certain property located in the City of Miami, Florida, as legally described on Exhibit "A" (the "Property"); and «WHEREAS, the building exterior of Property will be rehabilitated as part of the City of Miami District 5 Business Corridor Commercial Expansion and Rehabilitation Project (the "Project"'); and WHEREAS, the City and Property Owner have heretofore entered into the an agreement ("Agreement'") which sets forth the terms and conditions pursuant to which the City provided Neighbors and Neighbors Association Inc. the sum of Two Hundred Fifty Thousand Dollars (5250;000.00) in Community Development Block Grant Lnds ("CDBG Funds") to carry out Commercial Rehabilitation activities as authorized by the City Commission through Resolution No. 08-0123 on March 13, 2008 for the completion of the Project; and WHEREAS, Property Owner desires to make a binding coir Fitment to assure that the Property shall be impro,Ved in accordance with the provisions of this Covenant,- NOW ovenant; NOW THEREFORE, Property Owner voluntarily covenants and agrees that the Proper iy shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon Property Ovrner and its heirs, successors and assizns 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 R11y set forth in this Section. Section 2. Use of Grant: The Grant shall be used exclusively for the 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. Term of Covenant: This Covenant shall remain in full force and effect and shall be binding upon Property Owner, its successors and assigns for a period of five (5) years commencing on the date of final allocation of Ainds ("Covenant Period) for the Project. Property Owner is required to reimburse the City if the Property is sold during the Covenant Period. In addition, if the use of the property is changed during the Covenant Period to an activity not authorized under Title 24, Code of Federal Regulations, Section 570.207, or inherently religious in nature; the Property Owner is required to reimburse the Cit;.. Section 4. Property Owner is required to (a) reimburse the City of Mia.ni 100% of the amount of the grant actually disbursed for this Project if the Property is sold during the Covenant Period or if the use changes during the Covenant Period and (b) pay the City of I Iami an amount equal to the current market value of the Property, less any portion (on a prorated%percentage basis) of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to the Property, if the Property is sold during the Covenant Period. If the Property is sold after the Covenant Period, there will be no requirement for reimbursement of fiands or payment relating to the market value of the Property. Section 5. Except as provided in the Agreement, Property Owner. covenants and agrees not to encumber or convey any interest in the Project or the Property without prior written consent as required by the Agreement. For the purposes of this Covtnant, any change in the oN nership or control of the Property shall be deemed a conveyance of an interest in the Project. Section 6. Property Owner covenants and agrees that in the event (i) of a conveyance of any interest in the Project or the Property without the City's prior written consent; or, (ii) that the Property ceases to exist as a business, the Property Owner shall be required to reimburse the City completely. If the Property is sold after the term of the covenant, there will be no requirement for reimbursement of funds. Section 7. Inspection and Enforcement: It is understood and agreed that any official inspector of the City shall have the right any time durir_g normal working hours to enter and investigate the use of the Project to determine whether the conditions of this Covenant are being complied with. Section S. Amendment and Modification: This Covenant may be modified, amended or released as to any portion of the Project by a written instrument executed on behalf of the City and by the then owner of the fee simple title to the land to be affected by such modification, amendment or release. 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 acknowledging such modification, amendrnent, or release. Section 9. Severabilitv: 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 10. Recordation: This Covenant shall be filed of record among the Public Records of Miami -Dade County; Florida, at the sole cost and expense of Propel Omer. Section 11. This Covenant is a covenant running v�-ith the land. This Covenant shall lapse and be of no further force and effect upon the expiration of the Covenant Period. Section 12. All capitalized terms not defined herein shall have the meanings provided in the .agreement. -3- IN W-ITIN-ESS WHEREOF, caused this Declaration of Restrictive Covenants to be executed by its duly authorized officers and the corporate sea! to be affixed hereto on the day and year first above-w7i Len. ATTEST: Dame ��'f��f �Jr^n�� ��� r%=�� S T�•v Address ,5"5 �7'/3 / lt4)r Miami, FL ZIP 3 3 i' a Florida for profit corporation By:� ?� Date: ACKINNOW'LEDGMENTS STATE OF FLORIDA ) ) SS: COUNTY OF NUANH-DADE ) THE FOREGOING INSTRUMENT was acknowledged before me on this �r'°` day of J,[. `, , 2008 by (f�,C-L-t A C b b., t 5 as OLL/me r of5nrsrn,o on behalf of5�r>."to V.1, .5 f 7'A»f,5 , VVho is personally known to me or who produced a i46" -ti I on d did/did not take an oath. Signature of Notary Public, State of Florida My Commission Expires: 9 -/3,-'d'" i Printed Fame of?votary Public i s^ VARY T. k�-' LACE K • - fJY CCh1kISS!ON' ' DSC 705349 � T' • e. ,� z. V S2pi?5^„^,2r id, 2011 - • zr,.' Bended Thm No;�ry ?uN.: un, envrters -4- EXHIBIT A Legal Description of the Property Physical Address: 5841-45 NW 17 Avenue Miami, Florida 33142 Legal Description: 14 53 41 ORANGE HEIGHTS PB 14-62 LOTS 7 & 8 BLK 15 LOT SIZE 56.000 X 89 OR 18030-2634 0398 3(5) COC 21601-4645 08 2003 4 -5- This Instrument Prepared By and Return To: City of Miami City Attoney's Office 444 S.W. 2�,b Avenue Miami, Florida 33130-19 10 ATTACHMENT "C" DECLARATION OF RESTRICTI'V-E COVET\TMNTS This Declaration of Restrictive Covenants (the "Covenant') made this day of , 2008 by a Florida for -profit corporation (hereinafter referred to as "Property Ownner.''), is in favor of the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"). RECITALS 'WHEREAS, Property Owner holds title to certain property located in the City of Miami, Florida, as legally described on Exhibit "A" (the "Property"); and WHEREAS, the building exterior of Property will be rehabilitated as part of the City of Miami District 5 Business Corridor Commercial Expansion and Rehabilitation Project (the "Project'); and WHEREAS, the City and Property Owner have heretofore entered into the an agreement ("Agreement'') which sets forth the terms and conditions pursuant to which the City provided Neighbors and Neighbors Association, Inc. the sum of Two Hundred Fit, Thousand Dollars ($250,000.00) in Community Development Block Grant funds (''CDDG Funds") to cant' out Commercial Rehabilitation activities as authorized by the City Commission through Resolution No. 08-0123 on March 13, 2008 for the completion of the Project; and WHEREAS, Property Owner desires to mare a binding commitment to assure that the Property shall be improved in accordance with the provisions of this Covenant; NOW THEREFORE, Property 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 running 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 Grant. The Grant shall be used exclusively for the 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. Term of Covenant: This Covenant shall remain in full force and effect and shall be binding upon Property Owner, its successors and assigns for a period of five (5) years conunencing on the date of final allocation of funds ("Covenant Period) for the Project. Property Owner is required to reimburse the City if the Property is sold during the Covenant Period. In addition, if the use of the property,, is changed during the Covenant Period to an activity not authorized under Title 24, Code of Federal Regulations, Section 570.207, or inherently religious in nature, the Property Owner is required to reimburse the City. Section 4. Property 0«,ner is required to (a) reimburse the City of Miami 100% of the amount of the grant actually disbursed for this Project if the Property is sold during the Covenant Period or if the use changes during the Covenant Period and (b) pay the City of Miami an amount equal to the current market value of the Property, less any portion (on a prorated/percentage basis) of the value attributable to expenditures of non-CDBG funds for the acquisition of or improvement to the Property, if the Property is sold during the Covenant Period. If the Property is sold after the Covenant Period, there will be no requirement for reimbursement of fiends or payment relating to the market value of the Property. Section 5. Except as provided in the Agreement, Property Owner. covenants and agrees not to encumber or convey any interest in the Project or the Property without prior written consent as required by the Agreement. For the purposes of this Covenant; any change in the ownership or control of the Property shall be deemed a conveyance of an interest in the Project. Section 6. Property Owner covenants and agrees that in the event (i) of a conveyance of any interest in the Project or the Property without the City's prior written consent, or, (ii) that the Property ceases to exist as a business, the Property Owner shall be required to reimburse the City completely. If the Property is sold after the term of the covenant, there will be no requirement for reimbursement of funds. Section 7. Inspection and Enforcement: It is understood and agreed that any official inspector of the City shall have the right any time during normal working hours to enter and investigate the use of the Project to determine «hether the conditions of this Covenant are being complied with. Section 8. Amendment and Modification: This Covenant may be modified, amended or released as to any portion of the Project by a written instrument executed on behalf of the City and by the then owner of the fee simple title to the land to be affected by such modification, amendment or release, 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 ackrim ledging such modification, amendment, or release. Section 9. 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 10. Recordation: This Covenant shall be filed of record among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of Property Owner. Section 11. This Covenant is a covenant cunni°nor with the land. This Covenant shall lapse and be of no further force and effect upon the expiration of the Covenant Period. Section 12. All capitalized terms not defined herein shall have the meanings provided in the Agreement. LINT WITNESS 'WHIEREOF, caused this Declaration of Restrictive Covenants to be executed by its duly authorized officers and the corporate seal to be affixed hereto on the day and year first above -written. ATTEST: ?Name A rn44)�Y5 C'aye- 1. r) c. AddressnW Miami, FL ZIP 53149, a Florida for profit corporation By: Date: ACICNOWLEDGMENTS STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADS ) �HE FOREGOING D\TSTRUMENT was ackno��-ledaed before me on this _ day of 2008 .n by \I �O� A as oy-> P.y� 0- - of �` : e .� , �7 on behalf of who is personally kno«m to me or who produced as idz iaation and did/did not take an oath. NO-.L„,� ,SS C s 11 �=�' R!D A Signature of Notary Public, State of Florida My Commission Expires: SGT. 5 G DC) V 1 t"A - CKo Printed Name of Notary Public -4- �.XHIBIT A Legal Description of the Property Physical Address: 5861 N'W 17 Avenue Miami, Florida 33142 Legal Description: ORANGE HEIGHTS PB 1462 LOTS 3 & 4 BLK 14 LOT SIZE 50.000 X 89 OR 188142300 0999 2 (2) -5- A'I I'ACIBIENT D `Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. .A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Hous- ing .Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or re- bate ori any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland .Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof@ due at time of payment com- outed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached 'hereto and made a part hereof, regardless of any contractual relationship which may be al- leged to exist between the contractor and such laborers and mechan- ics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act on be- half of laborers or mechanics are considered wages paid to such la- borers or mechanics, subject to the provisions of 29 CFR-5,5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determi- nation (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its sub- contractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a)- Any class oflaborersor mechanics which is notlistedin the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction in- dustry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Adminis- trator of the Wage and Hour Division, Employment Standards Admin - U.S. Department of Hoasing and Urban Development istration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB con- trol number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be em- ployed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropri- ate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its desig- nee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (.Approved by the Off -ice, of Management and Budget under OMB Con- trol Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) de- termined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification un- der this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) if the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Pro- vided, That the Secretary of Labor has found, upon the written re- quest of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under GMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Depart- ment of Labor withhold or cause to be withheld from the contractor .ander this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including ap- prentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any appren- tice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing ,Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations form HUD -4010 (2/64) Previous edition is obsolete Page 1 of 4 ref. Handbook 13441 have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relat- ing thereto. shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all labor- ers and mechanics working at the site of the work (or under the United States Housing Act of 1937. or under the Housing Act of 1949, in the construction or development of the project). Such records shall con- tain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe ben- efits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual w20es paid. Whenever the Sec- retary of Labor has found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reason- ably anticipated in providing benefits under a plan or program de- scribed in Section I(b)(2)(B) of the Davis -Bacon Act, the contractot shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such ben- efits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of ap- prenticeship programs and certification of trainee programs, the reg- istration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OM B Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the appli- cant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -3347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, 'Washington, DC. 20402.- Theprimecontractor is responsibleforthe submission of copies of payrolls by all subcontractors. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either di- rectly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permis• sible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than, the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.1(i) of this section available for inspection, copy- ing, or transcription by authorized representatives of HUD or its des- ignee or the Department of Labor, and shall permit such representa- tives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide ap- prenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of .Apprenticeship and Training or a State Apprenticeship ,Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or other- wise employed as stated above, shall be paid not less than the appli- cable wage rate on the %vage determination for the classification of _work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a con- tractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be ob- served. Every apprentice must be paid at not less than the rate speci- fied in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship pro- gram. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Ad- ministrator determines that a different practice prevails for the appli- cable apprentice classification, fringes shall be paid in accordance form HUD -4010 (2/84) Previous edition is obsolete Page 2 014 ref. Handbook 1344.1 with that determination. to the event the Bureau of Apprenticeship and Training, or a State Apprenticeship .Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the con- tractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work perfornned unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employ- ment and Training Administration. The ratio of trainees to journey- men on thejob site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage deter- mination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice- ship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training .Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. in addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage deter- mination for the work actually performed. In the event the Employ- ment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incor- porated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(l) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also- a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with ail the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts con- tained in 29 CFR Parts 1, 3, and 5 are herein incorporated by refer- ence in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of La- bor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of La- bor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Sec. tion 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 100). Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... in- fluencing in any way the action of such Administration...., makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor stan- dards provisions of this Contract are applicable shall be dischareed or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or in- stituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor stan- dards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act, As used in this paragraph, the terms "laborers" and "mechanics" include watch- men and guards. (1) Overtime requirements. No contractor or subcontractor con- tracting for any part of the contract work which may require or in- volve the employment of laborers or mechanics shall require or per- mit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at`a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such con- tractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated dam- ages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub para- graph (1) of this paragraph. form HUD -4010 (2/84) Previous edition is obsolete Paoe 3 of 4 ret. Handbook 134411 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work per- formed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to in- clude these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (I) through (4) of this paragraph. C. health and Safety (I) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dan- gerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regu- lation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151 8), and failure to comply may result in imposition of sanctions pursu- ant to the Contract Vvork Hours and Safety Standards Act (Public Law 91-54, SS Stat 96). (3) The Contractor shall include the provisions of this Article in ev- ery subcontract so that such provisions will be binding on each sub- contractor. The Contractor shall take such action with respect to any suboontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such pro- visions. form HUD -4010 (2/84) Previous edition is obsolete Page 4 of 4 ref. Handbook 1344.1 ATTACI-EtIENT E `FORK AUTFIOPJZATIO IT FORM I, �d`F FO , legal m?�mer(s) of the property located at: r Miami, Florida 3)-' permission to rehabilitate the exterior and/or interior of my property as part of the City of Miami District 5 Business Corridor Commercial Expansion and Rehabilitation Project. I further agree that the City of Miami and /or Neighbors and Neighbors Association, Inc. ,Arill not be responsible for any damages resulting from said rehabilitation. I have received a copy of Exhibit E - Program Guidelines and Attachment C - Declaration of Restrictive Covenant which are part of the Special Grant Agreement bet ween the City of Miami and Neighbors and Neighbors Association Inc. C-� /C)1 s )otz0 0WNTER (PRINTT) 4,11717'e- �' ) 'WITNESS NAME 0�T TE SIGNATURE DATE WITNESS SIGNA WITNESS ADDRESS CITY, STATE, ZIP DATE ATTACHMENT E WORK AUTHORIZATION FORM legal owner(s) of the property located at: Miami, Florida 331U /-`/, give permission to rehabilitate the exterior and/or interior of my property as part of the City of Miami District 5 Business Corridor Commercial Expansion and Rehabilitation Project. 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 Exhibit E — Prograrn Guidelines and Attachment C — Declaration of Restrictive Covenant v,hich are part of the Special Grant Agreement between the City of Miami and Neighbors and Neighbors Association Inc. O' NER (PRINT) OTHER SIGNATURE DATE 77 WITNESS NAME � 'MTNESS SIGN.AIRE DATE WITNESS ADDRESS CITY. STATE, ZIP