HomeMy WebLinkAboutExhibitI V K 0 1 U I'j
N
From
To
IDIS #
Entity Name
Amount
Entity Name
Rafael Hernandez Housing and Economic
Development Corporation
Amount
$430,800
2497
Little Haiti Housing Association, Inc.
$12,500.00
2479
Adgam, Inc.
$15,500.00
2409
The Alternative Programs, Inc.
$75,755.00
2552
House of Style and Envy, Inc.
$81000.00
2561
London Motors, Inc.
$5,654.00
2053
Kevin Lamont Watkins dba Nivek's Feet &
Heavy Lace Ent.
$2,097.97
2481
Center of InformationandOrientation, Inc.
$3,300.00
City of Miami Unallocated Account - District
$307,993.03
Total
$430,800.00
Total,
$430,800
PA -or.-¢ �L OF I—
Entity Name
Comment
Amount
Little Haiti Housing Association,_ Inc.
Could not implement program with
amount of funding allocated
$12,500._00
Adgam, Inc.
Could not implement program with
amount of funding allocated
$15,500.00
_
The Alternative Programs, Inc.
Could not complete construction
with amount of funding allocated
_
House of Style and Envy, Inc.
Business closed
_$75,755.00
London Motors, Inc.
Business did not qualify
_$_8,000.00
$5,654.0__0_
_
Kevin Lamont Watkins dba Nivek's Feet
_& Heavy Lace Ent.
_
Close-out
_
Center of Information and Orientation,
Inc. _ _ _
Close-out
-.--$2,097.97
$3,300.00
City of Miami Unallocated Account -
Dis_t_ric_t_5_ ____
_
Unused balance from Floral Park
project
$30_7,993.03
_
Total
$430,800.00
SPECIAL GRANT AGREEMENT
This Special Grant Agreement ("Agreement") is made this day of
2010, by and between the City of Miami, a municipal corporation of the State of Florida ("CITY")
and Rafael Hernandez Housing and Economic Development Corp., a Florida not-for-profit
corporation ("SUB -RECIPIENT.").
RECITAL
WHEREAS, The SUB -RECIPIENT is eligible to receive financial assistance from the
Community Development Block Grant program ("CDBG Program') to undertake activities
eligible for such assistance under Title I of the Housing and Community Development Act of 1974
(the "ACT").
WHEREAS, The City Commission; by Resolution No. 10 -
adopted ,
allocated funds and awarded a grant to the SUB -RECIPIENT in the total amount of $430,809.00
(the "GRANT") for the exterior rehabilitation of the buildings for the businesses located at
Miami, Florida, known as The Little Haiti Commercial Rehabilitation
Project 43 ("PROJECT").
WHEREAS, The SUB-RECIPENT and the CITY wish to enter in this Agreement to set
forth the terms and conditions relating to the use of said GRANT.
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, the parties agree to as follows:
EXHIBITS
EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits:
Exhibit A Corporate Resolution Authorizing Execution of this Agreement
Exhibit B Work Program and Timeline
Exhibit C Budget and Compensation Summary
Exhibit D Disbursement Procedures
Exhibit E Program Guidelines
Exhibit F Certification Regarding Lobbying Form
Exhibit G Certification Regarding Debarment. Suspension and other Responsibility
Matters (Primary Covered Transactions Form)
Exhibit H Crime Entity Affidavit
Exhibit I Insurance Requirements
TERMS
1. RECITALS. The Recitals and all statements contained therein are true and correct and are
hereby incorporated into this Agreement.
2. GRANT. Subject to the terms and conditions set forth herein and the SUB-RECIPIENT's
compliance with all of its obligations hereunder, the CITY hereby agrees to make available to the
SUB -RECIPIENT the GRANT to be used for the purpose, and disbursed in the manner hereinafter
provided.
3. USE OF GRANT. The GRANT shall be used exclusively for the PROJECT as more
particularly described in Exhibit `B" attached hereto and made part hereof.
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4. COMPLIANCE WITH POLICIES AND PROCEDURES. The SUB -RECIPIENT
understands that the use of the GRANT is subject to federal regulations, which require specific
reporting, record keeping, administrative methods, as well as contracting guidelines, and other
requirements affecting the activities funded by the GRANT and, to a great extent, the day-to-day
operations of the SUB -RECIPIENT. The SUB -RECIPIENT acknowledges receipt of and accepts
the "Policies and Procedures Manual for Community Development Block Grant Sub -recipients"
("Policies and Procedures Manual") as the official document which outlines the fiscal,
administrative and federal guidelines which shall regulate the day-to-day operations of the SUB -
RECIPIENT. The Policies and Procedures Manual is incorporated herein and made a part of this
Agreement. The City of Miami reserves the right to update this Policies and Procedures Manual
via Program Directives. These Program Directives and updated versions of this Policies and
Procedures Manual shall be incorporated and made a part of this Agreement.
The SUB -RECIPIENT covenants and agrees to comply and represents, and warrants to the
CITY that the GRANT shall be used in accordance with all of the requirements, terms and
conditions contained therein as the same may be amended during the term thereof the CITY's
guidelines are hereby incorporated into this Agreement and by this reference, are made a part
hereof.
Without limiting the generality of the foregoing, the SUB -RECIPIENT represents and
warrants that it will comply and the GRANT will be used in accordance with applicable uniform
administrative requirements described in 24 CFR 570.02 and all federal laws and regulations
described in 24 CFR 570 Subpart K; provided. however, that the SUB -RECIPIENT shall not
assume the CITY's environmental responsibility for initiating the review process under Executive
Order 12372 and in accordance with the policies and procedures and all applicable federal, state
and/or local codes, laws, rules and regulations. The SUB -RECIPIENT represents and warrants
that it will comply with the Program Guidelines as described in Exhibit E.
5. SCOPE OF SERVICES.
5.1 The SUB -RECIPIENT shall, in compliance with the terms and conditions and in
accordance with the purpose of this Agreement, provide the services for the PROJECT as
described in Exhibit `B", attached hereto and made part hereof.
6. RECORDS AND 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 and to document that
the activities being funded by the GRANT will benefit low- to moderate -income persons as
described in 24 CFR 570.506.
6.2 The CITY shall have the right to conduct audits of the SUB-RECIPIENT's records
and to visit the PROJECT in order to conduct its monitoring and evaluation activities. The SUB -
RECIPIENT agrees to cooperate with the CITY in the performance of these activities.
6.3 The SL'B-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.
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7. REVERSION OF ASSETS. Upon expiration of the term of this Agreement, the SUB -
RECIPIENT shall transfer to the CITY any GRANT funds on hand at the time of said expiration
and an; accounts receivable attributable to the use of the GRANT.
8. REPRESENTATIONS AND WARRANTIES. The SUB -RECIPIENT represents and
warrants that for a period of five (5) years from the date of the last disbursement of the GRANT
pursuant to this Agreement that the funds shall be used for the purpose for which the GRANT has
been awarded.
9. THE CITY'S RESPONSIBILITY/MONITORING AND AUDITING RIGHTS.
The CITY is responsible for ensuring that the GRANT is used in accordance with the applicable
CDBG Program requirements and for determining the adequacy of the SUB-RECIPIENT's
performance under this Agreement. Accordingly, the SUB-RECIPIENT's compliance with the
terms hereof is of the essence to this Agreement. The CITY's Department of Community
Development will monitor the fiscal and programmatic operations of the PROJECT. To this end,
the SUB -RECIPIENT shall make available to the CITY, upon the CITY's request, all financial,
operational and other documents required by the CITY in this connection.
10. DISBURSEMENT OF GRANT. The CITY shall make available to the SUB -RECIPIENT
up to $430,809,000.00 as more particularly described in Exhibit "C" and shall be disbursed
following the stipulations detailed in Exhibit "D", both attached hereto and made part hereof.
11. SEPARATION OF CHURCH/STATE. In accordance with the First Amendment
Church/State Principles, as a general rule, CDBG assistance may not be used for religious
5
activities or provided to primarily religious entities for any activities, including secular activities.
24 CFR 570.200(J) sets forth certain restrictions and limitations applicable to the use of CDBG
funds for religious -related activities. These restrictions and limitations shall be observed at all
times.
12. TERM. The term of this Agreement shall commence on and shall terminate two
(2) years from the date this Agreement is executed by both parties.
13. REMEDIES FOR NON-COMPLIANCE. If the SUB -RECIPIENT materially fails to
perform any of its obligations or covenants hereunder, or materially breaches any of the terms
contained herein, then the CITY shall have the right to take one or more of the following actions:
(a) Temporarily withhold cash payments, pending correction of the deficiency by the
SUB -RECIPIENT or more severe enforcement action by the awarding agency.
(b) Disallow, (that is, deny both use of the GRANT and matching credit for) all or part
of the cost for the activity or action not in compliance.
(c) 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. TERMINATION FOR CONVENIENCE. The CITY may terminate this Agreement by
convenience in accordance with the provisions of 24 CFR 85.44.
15. NON-DISCRIMINATION. The SUB -RECIPIENT, for itself and on behalf of its
contractors and sub -contractors, agrees that it shall not discriminate as to race, sex, color, religion,
national origin, age, marital status, or handicapped in connection with its performance 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 INTEREST. The SUB -RECIPIENT has received copies of, and is
familiar with the following provisions regarding conflict of interest in the performance of this
agreement by the SUB -RECIPIENT. The SUB -RECIPIENT covenants, represents and warrants
that it will comply with all such conflict of interest provisions:
(a) 24 CFR 570.611 and other regulations referred to therein.
(b) .CITY Code, Chapter 2, Article V.
(c) Miami -Dade County Code, Section 2-11.1.
17. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability
of funds and continued authorization for CDBG Program activities, and is subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or change in regulations.
18. INDEMNIFICATION. 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 which may arise out of the SUB-RECIPIENT's performance under this
Agreement, including all acts or omissions to act on the part of the SUB -RECIPIENT and any of
7
its contractors/subcontractors, employees, agents and any person acting for or on their behalf; and
from and against any and all costs, attorney's fees, expenses and liability in relation to any orders,
judgments or decrees which may be entered against the CITY; and all costs, expenses and
liabilities incurred by the CITY in connection with the defense of any such claims or in the
investigation thereof.
19. INSURANCE. At all times during the term hereof. the SUB -RECIPIENT shall maintain
insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUB -RECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUB -RECIPIENT is in compliance with the provisions described in Exhibit "I" attached hereto,
which by this reference is incorporated into this Agreement.
O Compliance with the requirements stipulated in Exhibit "I" shall not relieve the
SUB -RECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
® SUB -RECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
s SUB -RECIPIENT shall indemnify, defend and hold harmless the CITY and its
officials, employees and agents (collectively referred to as "Indemnities"), and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses
(including attorney's fees) or liabilities (collectively referred to as "Liabilities') by
reason of any injury to or death of any person or damage to or destruction or loss of
any property arising out of, resulting from, or in connection with (i) the
performance or non-performance of the services contemplated by this Agreement
which is caused, in whole or in part, by any act, omission, default or negligence
(whether 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 may be asserted by an employee
or former employee of SUB -RECIPIENT, or any of its subcontractors, as provided
above, for which the SUB-RECIPIENT's liability to such employee or former
employee would otherwise be limited to payments under state Workers'
Compensation or similar laws.
20. AMENDMENTS. No amendments to this Agreement shall be binding on either party,
unless in writing and signed by both parties.
21. OWNERSHIP OF DOCUMENTS. All documents developed by the SUB -RECIPIENT
or at its request pursuant to this Agreement shall be delivered to the CITY upon completion of the
work contemplated by this Agreement, and shall become the property of the CITY, without
restriction or limitation on its use. The SUB -RECIPIENT agrees that all documents maintained
and generated pursuant to this Agreement shall be subject to all provisions of the Public Records
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.
E
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,commission
percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this
Agreement.
23. NON-DELEGATABILITY. The obligations of the SUB -RECIPIENT under this
Agreement shall not be delegated or assigned to any other parry without the CITY's prior written
consent which may be withheld by the CITY, in its sole discretion.
24. CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and
enforced in accordance with Florida law. The SUB -RECIPIENT shall comply with all applicable
laws, ordinances and codes of federal, state, and local governments.
25. TERMINATION OF CONTRACT. The CITY retains the right to terminate this
Agreement at any time without penalty to the CITY. In that event, the CITY shall give written
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. In no case, however, shall the CITY pay
the SUB -RECIPIENT an amount in excess of the total sum provided by this Agreement. It is
hereby understood that any payment made in accordance with this Section shall be made only if no
default has occurred in the 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
whatsoever.
10
It is also understood that in accordance with 24 CFR 85.44, suspension or termination may
occur if the SUB -RECIPIENT materially fails to comply with any term of this Agreement; or if the
CITY deems it convenient to terminate it.
26. GENERAL CONDITIONS.
(a) All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by
registered mail, addressed to the party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be deemed given on the day on
which personally served; or, if by mail, on the fifth day after being posted, or the date
of actual receipt, whichever is earlier.
CITY OF MIAMI
DEPARTMENT OF COMMUNITY
DEVELOPMENT
444 S.W. 2ND AVENUE, 2nd Floor
MIAMI, FL 33130
Rafael Hernandez Housing
& Economic Development Corp.
3550 Biscayne Blvd. Ste 500
Miami, FL 33137
(b) Title and paragraph readings are for convenient reference and are not a part of this
Agreement.
(c) In the event of conflict between the terns 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.
11
(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
,,,lith 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.
27. INDEPENDENT CONTRACTOR. The SUB -RECIPIENT. its contractors,
subcontractors, employees and agents shall be deemed to be independent contractors, and not
agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified
employees; further, they shall not be deemed entitled to the Florida Workers' Compensation
benefits as employees of the CITY.
28. SUCCESSORS AND 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 SUB -RECIPIENT 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 Commission.
(b) The GRANT will not be co -mingled Adth any other funds and that separate bank-
accounts
ank
accounts and accounting records will be maintained.
12
(c) The expenditures of the GRANT will be properly documented and such
documentation will be maintained on file.
(d) Periodic progress reports will be provided to the CITY as requested.
(e) The SUB -RECIPIENT will be liable to the CITY for the amount of the GRANT
expended in a manner inconsistent with the work approved by the City
Commission. No activity under this Agreement shall involve political activities.
(f) The SUB -RECIPIENT possesses legal authority to enter into this Agreement; a
resolution, motion or similar action has been duly adopted or passed as an official
act of the SUBRECIPIENT's governing body, authorizing the execution of this
Agreement, including all understandings the person identified as the official
representative of the SUB -RECIPIENT to act in connection with the CITY and to
provide such additional information as may be required.
30. REVERSAL OF ASSETS/RESTRICTIVE COVENANT. The CITY shall have the
right to record a restrictive covenant for each one of the properties in the PROJECT to ensure
compliance with the use/disposition restrictions provided for herein.
31. RECAPTURE OF FUNDS. The CITY reserves the right to recapture funds in the event
that the SUB -RECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to
accept conditions unposed by the CITY at the direction of the federal, state, and local agencies.
32. ENTIRE AGREEMENT. This instrument and its attachments constitute the sole and only
agreement of the parties hereto relating to said GRANT and correctly set forth the rights, duties,
and obligations promises, negotiations, or representations not expressly set forth in the Agreement
are of no force or effect.
l3
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by the respective officials thereunto duly authorized on the first date above wTitten.
ATTEST: Rafael Hernandez Housing &
Economic Development Corp
3550 Biscayne Blvd. Ste 500
Miami, FL 33137
a Florida not -for profit corporation
BY:
CORPORATE SECRETARY DATE
ATTEST:
PRISCILLA A. THOMPSON DATE
CITY CLERK
REQUIREMENTS:
GARY RESHEFSKY DATE
DIRECTOR, RISK MANAGEMENT
14
1;i"R=III 0ifti11TE
(AFFIX SEAL)
CITY OF MIAMI, a municipal
corporation of the State of Florida
mm
CARLOS A. MIGOYA DATE
CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
JULIE 0. BRU DATE
CITY ATTORNEY
EXHIBIT A
CORPORATE RESOLUTION AUTHORIZING EXECUTION OF THIS AGREEMENT
(TO COME AT DOCUMENT EXECUTION)
1r
EXHIBIT B -WORK PROGRAM I{tDrt M £ t, i
HIkie
[T be cvwt pief ed ,,t
CDBG grant funds in the amount of $430,809 were allocated to Rafael flemandez
Housing and Economic Development Corporation ("SUB -RECIPIENT") for technical
assistance and hard costs in the implementation of the Little Haiti Commercial
Rehabilitation Project -It3 ("PROJECT"), which will provide for rehabilitation of the
building exteriors selected businesses located Miami.. FL, pursuant to
Resolution R- approved on by the City of Miami
Commission.
2. The SUB -RECIPIENT understands that Area Benefit is the National Objective that has
been identified as a priority by the CITY for this Grant. This activity serves an area with
census blocks with a percentage of low and moderate income persons in excess of 51
percent per 24 CFR 570.208 (a)(1)(i) and that is primarily residential in character.
Attached hereto and made part of this Agreement is the map of the PROJECT'S service
area.
3. The SUB -RECIPIENT will provide assistance for this PROJECT under the provisions of
24 CFR 570.202(a)(3) and the program guidelines as stipulated in Exhibit E.
4. The SUB -RECIPIENT shall ensure that the assisted businesses are in operation, have a
current occupational license for that location and certificate of use of that type of business
and that property owners are up-to-date in the payment of their property taxes.
5. The SUB -RECIPIENT, prior to the commencement of work, shall obtain an executed
Work Authorization Form (Attachment C) from the property owners. This form by
virtue of execution, gives permission to the SUB-RECIPICIENT, contractors and sub-
contractors to perform work on the owner's property. Additionally, it holds harmless the
City of Miami from any resulting damages which may occur from this work.
6. The SUB -RECIPIENT will follow procurement procedures as outline in CFR 85.36 and
obtain bid specifications from the contractors that are very detailed and that include
information on the exact work to be done, time period in which the work must be
completed, products and work guarantees and costs.
7. The SUB -RECIPIENT, prior to commencing any rehabilitation activity under this
Agreement, shall obtain a certificate of insurance indicating the Contractor and Sub-
contractors are in compliance with the provisions described in (Attachment B). The
certificates shall be forwarded to the CITY for final approval.
?k
A- Tlk :'( li At c Li NJ
8. The SUB -RECIPIENT, prior to the commencement of work, shall secure the Special
Grant Agreement hard -costs with a five (5) year covenant filed against the real property
title where the improvements are made by ensuring that each property owner executes
Declaration of Restrictive Covenant included in this Agreement attached hereto as
Attachment E.
9. The SUB -RECIPIENT shall ensure the Contractors and Sub -contractors are in
compliance with the Davis Bacon Act and in receipt of the HUD form 4010 (Attachment
D).
10. The SUB -RECIPIENT will provide documentation of results via the submission of the
"CDBG — Combined Monthly Report", as the PROJECT progressed
11. The SUB -RECIPIENT will track payments from the CITY. and maintain a precise
record of expenditures associated with the PROJECT.
12. The SUB -RECIPIENT agrees to comply with all requirements as outlined in the Special
Grants Agreement Program Guidelines as described in Exhibit E.
SUBRECIPIENT:
Rafael Hernandez Housing
And Economic Development Corp.
3550 Biscayne Blvd. Ste. 500
Miami, FL 33137
so
STATE OF FLORIDA
COUNTY OF
Janitza Torres -Kaplan
Executive Director
The foregoing instrument was acknowledged before me this by
Executive Director of Rafael Hernandez Housing and
Economic Development, a Florida not-for-profit corporation, on behalf of the corporation.
He/She is personally known to me or has produced as
identification.
Print Notary Public's Name Signature
2
A-T7n- c {°t W T A- (To i�cjfl, a f- �
{ f'Mi f t.4 /Ue.
CT6 co -ACC, 4-f-
C%t,c�t✓��sc 7� sz}c ece c �c L �
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ATTACHMENT B Tb f FJ,1_8rr,8
INSURANCE REQUIREMENTS ASSOCIATED WITH RENOVATION
AND REHABILITATION WORK PERFORMED BY A GENERAL
CONTRACTOR ON BEHALF OF NOT FOR PROFIT AGENCIES
PROJECTS UNDER $200,000)
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $300,000
General Aggregate Limit $600,000
Products/Completed Operations $300,000
Personal and Advertising Injury $300,000
B. Endorsements Required
City of Miami and agency included as an Additional Insured
Independent Contractors Coverage
Explosion, Collapse and Underground Hazard
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Scheduled, Hired and Non Owned Autos
Any One Accident $300,000
B. Endorsements Required
City of Miami and agency included as an Additional Insured
III. 'Yorker's Compensation
Limits of Liability
Statutory -State of Florida
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
VII. Payment & Performance Bond (IF APPLICABLE)
VIII Builders' Risk (IF APPLICABLE)
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $2,500 All other Perils
5% Wind/Hail
City of Miami and Agency as an additional insured
A. Limit- at Site Cost of the Project
B. Coverage Extensions:
o Materials, supplies and similar property owned by others for
which you are responsible.
o Full coverage up to policy limits for equipment breakdown.
o Temporary storage/transit coverage.
m Full coverage up to policy limits for site preparation, re -
excavation, re-preparation and re -grade in the event of a loss.
• Fences, scaffolding, construction forms coverage and signs.
o Valuable papers coverage for blueprints, site plans and similar
documents.
o Trees, shrubs, sod, plants while at premises.
® Flood, including inundation, rain, seepage and water damage.
e Earthquake.
o Business Interruption.
® Subsidence.
o 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 -construct damaged parts.
m 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 reporting clause.
a Full coverage up to policy limits for testing including physical
loss caused by pneumatic and hydrostatic testing.
v 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 thirty (30) days
prior to any such cancellation or material change.
Companies authorized to do business in the State of Florida with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management and no less than
"Class V" as to financial strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey or its equivalent. All
policies and/or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
144—v
ATTACHMENT "C"
WORK AUTHORIZATION FORM
r-7 be erm p fe44 of 7v— et�x c� � �
I, 1 legal owner(s) of the property located at:
Miami, Florida 33 1 give
permission to rehabilitate the exterior of my property. I further agree that the City of
Miami and /or Rafael Hernandez Housing and Economic Development Corp. will not be
responsible for any damages resulting from said rehabilitation.
I have received a copy of the Program Guidelines (Exhibit E- Section 13) and
agree to sign a five (S) year Declaration of Restrictive Covenant with the City of Miami,
prior to the commencement of work. I further agree that, for the duration of the
Covenant, I will not raise the tenant's rent.
WITNESS SIGNATURE
WITNESS NAME (PRINT)
WITNESS ADDRESS
CITY, STATE, ZIP
PROPERTY OWNER'S SIGNATURE
PROPERTY OWNER'S NAME
'3ef Wi-
ATTACHMENT D To -
Federal
Federal labor Standard Provisions
The time sensitive dates and the language for the Federal Labor Standards
Provisions are as follows:
1) All provisions of the Federal Labor Standards Provisions HUD Form 4010
and the Applicable Wage* Decision must be incorporated in the bid
packages, construction contracts, and subcontracts, and must be adhered
to.
2) Ten days before bid opening, the CD Department must be contacted to
ensure the applicable Wage Rate is being used and to "lock in" the Wage
Rate for the project. The "Lock in" period is for ten days before bid
opening. If the Bid is not opened within the ten days "Lock In" period then
CD must be consulted again to inquire which Wage Rate is still applicable.
3) After the bid is opened, a contract must be executed with the contractor
within 90 days in order for the Wage Rate that was issued at Bid opening
to be applicable. If a contract is not executed within 90 days, then the
Wage Rate that is current at the time of contract execution will be the
applicable Wage Rate for the Project.
4) After contract award, a meeting should be held with the contractor and
others involved entities to explain the Federal Labor Standards Provisions.
* Applicable Wage Rate to be provided by CD once scope of project is
provided and approved.
ATTACHMENT D—ccv+.,*,Xc d
Section 3
24 CFR Part 135 - at 135.38. This clause must be included in all Section 3 covered
contracts. The contractor and subcontractors (where applicable) will be bound by its
provisions.
a) The work to be performed under this contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u (Section 3). The purpose of Section 3 is to ensure that the employment and
other economic opportunities generated by HUD assistance of HUD -assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to
low and very low income persons, particularly persons who are recipients of HUD
assistance for housing.
b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
c) The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or worker's
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
d) The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR, Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135.
e) The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed; and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
g) With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self -Determination and Education Assistance
ATTACHMENT D -- Czv,�
Act (25 U.S.G. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises Parties to this contract that
are subject to the provisions of Section 3 and Section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section 7(b).
ATTACHMENT D TitfA�
City of Miami
SECTION 3 ECONOMIC OPPORTUNITY PLAN QUESTIONS
The Section 3 Economic Opportunity Plan must describe the proposed strategies
for achieving the Section 3 training and employment numerical goals, and
subcontracting numerical goals (where subcontracting is allowable in the Bid.)
Please review the information below, and provide your responses on separate
paper. (A Section 3 Economic Opportunity Plan Instruction Sheet is attached to
further assist you in developing your responses to the information requested
below.)
1. Identify individual(s) responsible for planning, implementing and tracking the
projects' Section 3 training and employment goals. Describe their prior
experience in this area.
2. Describe efforts (contractor and subcontractor) to be taken to recruit, solicit,
encourage, facilitate, and hire public housing and other low-income persons.
Identify any private or public resources that will be used.
3. Describe contractor's activities to be taken for recruiting, soliciting,
encouraging, facilitating and selecting Section 3 subcontractors, where
applicable.
4. Describe plans to structure project activities in ways that create opportunities
for Section 3 firms' participation, where applicable.
YOUR RESPONSES TO QUESTIONS 1-4 WILL CONSTITUTE
YOUR PLAN;
PLEASE ATTACH YOUR PLAN DOCUMENT AND
ALSO INCLUDE THE FOLLOWING INFOMATION ON YOUR
PLAN:
(1)COMPANY NAME
2( ) YOUR NAME AND PHONE NUMBER
(3) BID NUMBER AND NAME.
ATTACHMENT D
SAMPLE PLAN QUESTIONS
PLEASE RE -TYPE YOUR OWN FIRM'S PLAN ON YOUR FIRM STATIONERY
FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER
Question #1
Identify individuals responsible for planning, implementing, and tracking the
project's Section 3 training and employment goals. Describe their prior
experience in this area.
The individual responsible for planning, implementing and tracking the project's
Section 3 training and employment goals is John Doe, President (or the
appropriate title of this individual), of name of firm (hereafter referred to as
"Contractor"). He (or she) will obtain all pertinent information to become
thoroughly familiar and ensure contract compliance with the HUD Section 3
Regulation. John Doe has worked on construction (or service, whichever is
applicable) projects, and is qualified to administer contractor's Section 3
Economic Opportunity Plan (Plan.)
Question #2
Describe efforts (contractor and subcontractor) to be taken to recruit, solicit,
encourage, facilitate and hire public housing and other low-income persons.
Identify any private or public resources that will be used.
Contractor will take the following steps to recruit, solicit, encourage, facilitate and
hire public housing and other low-income persons, in the event any vacancies
occur throughout the duration of the project:
1. Meet with resident associations and managers at the public housing site
where work is to take place, first, and second, at other public housing sites.
2. Schedule a time and place for public housing residents to complete job
applications.
3. Develop a list of "pre -qualified" Section 3 public housing and other low-
income residents who could fill job vacancies that may later become
available.
4. Contract MDHA, at (305) 644-5277 for employment referrals.
ATTACHMENT D dTY_*tU14,d
5. Contact YWCA at (305) 377-9922, Ext. 204, or Fax (305) 373-9922 for HUD
Youthbuild employment referrals.
6. Send notices about Section 3 training and employment obligations and
opportunities required for this project to labor organizations.
7. Establish a training program to provide public residents and other low income
residents with the opportunity to learn basic skills and job requirements.
8. Advertise in major and community newspapers and on job sites for workers
who meet the definition of a Section 3 resident.
Contractor will establish files to record and retain written documentation of all
training and employment outreach efforts and resources from agency
representatives and job applicants.
Question #3
(ONLYAPPLtCABLE TO FIRMS THAT SUBCONTRACT
Describe the contractor's activities to be taken for recruiting, soliciting,
encouraging, facilitating and selecting Section 3 subcontractors, where
applicable.
• Firm Name Page 2 of 3
Contractor will take all feasible measures to recruit, solicit, encourage, facilitate,
and select qualified Section 3 business subcontracting firms to perform at least
10% of the project award amount (contract sum) for each City of Miami project for
which Contractor is the successful bidder.
Contractor will request the organizations, listed below, to provide lists of firms,
organized by trade category that can perform required project work (in addition to
these organizations, Contractor may also contact other organizations that provide
such listings):
1. Miami -Dade County Department of Business Development
2. Contractor's Resource Center
3. Small Business Administration
4. Minority Business Development Center
Contractor understands that, in addition to awarding work to qualified Section 3
businesses, it is our responsibility to:
1. Use the contractor's or firm's solicitation letter to advertise to the "greatest
extent feasible" to all firms on lists provided to us by the City of Miami and
ATTACHMENT D eZi q�
other organizations about the type of work needed to complete each City of
Miami project;
2. Advise firms of Contractor's obligation to seek and award work to qualified
Section 3 businesses, where feasible;
3. Clarify the definition of a Section 3 resident and business;
4. Explain how to qualify as a Section 3 business in order to be eligible to
receive a preference from Contractor when subcontractor work is to be
awarded; and
5. Provide Section 3 certified firms that are qualified to perform work with an
opportunity to submit price quotations for City of Miami project work, and
where financially feasible, hire such firms as subcontractors.
Documentation of Outreach to find Eligible Section 3 Subcontracting Firms
1. Contractor will establish files to record and retain written documentation of
all outreach efforts and responses received from organizations and
subcontractors who are contacted.
2. Contractor will fax the City of Miami Solicitation Letter to all firms that these
organizations identify, based on each category of work required for each
project.
3. Contractor will provide City of Miami with copies of its facsimile receipts to
each of the organizations listed in its Plan and their responses.
4. Contractor will provide City of Miami with copies of its facsimile receipts and
responses received from every firm that is faxed for each City of Miami
project.
5. Contractor will provide City of Miami with an outreach close-out letter for
each project awarded that refers to an attached outreach summary report. If
Contractor is unable to meet City of Miami requirement to contract at least
10% of the award amount to Section 3 businesses, Contractor will include
in its close-out letter an explanation as to why this requirement was not met.
6. The outreach summary report, referred to in No. 5, above, will list all
contacts made to each organization or association, the individual firms
subsequently contacted, categorized by trade, and the bid amount or other
type of responses received from each firm (similar to the sample outreach
summary report attached to Contractor's Plan.)
ATTACHMENT D C'
7. If a firm is non-responsive, Contractor agrees to make a second attempt at
getting them to respond, failing which, Contractor will move on to another
company, all of which will be submitted to the City of Miami, and referred to
in the outreach close-out letter and summary report.
Question #4
(ONLYAPPL(CABLE TO FIRMS THAT SUBCONTRAC
Describe plans to structure project activities in ways to create
opportunities for Section 3 firms to participate, where applicable.
Contractor will make every effort to structure project activities to increase
opportunities for Section 3 businesses. This will be accomplished by subdividing
the work into smaller amounts, or by using multiple firms to complete similar
types of work.
Submitted by: Submission Date:
President Name, President
ATTACHMENT D CVA�''t;II-d
Procurement Procedures that Provide Preference
To Section 3 Business concerns
ATTACHMENT D
OMB Circular A-110 Appendix A
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall
contain the following provisions as applicable:
1. Equal Employment Opportunity -All contracts shall contain a provision
requiring compliance with E.O. 11246, "Equal Employment Opportunity," as
amended by E. 0. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and as supplemented by regulations at 41 CFR part
60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All
contracts and subgrants in excess of $2000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the
Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department
of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The recipient shall report all
suspected or reported violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - Required by
Federal program legislation, all construction contracts awarded by the recipients
and subrecipients of more than $2000 shall include a provision for compliance
with the Davis -Bacon Act (40 U.S.C. 276a to a -i) and as supplemented by
Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted
Construction"). Under this Act, contractors shall be required to pay wages to
laborers and mechanics at a rate not less than the minimum wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors
shall be required to pay wages not less than once a week. The recipient shall
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. The recipient shall
report all suspected or reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - _
Where applicable, all contracts awarded by recipients in excess of $2000 for
construction contracts and in excess of $2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance
ATTACHMENT D
with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29
CFR part 5). Under Section 102 of the Act, each contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than 1 times the
basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of
intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or
agreements for the performance of experimental, developmental, or research
work shall provide for the rights of the Federal Government and the recipient in
any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of
amounts in excess of $100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 ct seq.). Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply
or bid for an award of $100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be
made to parties listed on the General Services Administration's List of Parties
Excluded from Federal Procurement or Nonprocurement Programs in
accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list
ATTACHMENT D - eV � -
contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory
authority other than E.O. 12549. Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion
status and that of its principal employees.
ATTACHMENT D —eVhu dd
HUD Form 4010
(To %2 CC'Ynl) 1 e"
DATE:
TO 'WHOM IT MAY CONCERN:
I
(hereinafter referred to as "Contractor')
representing
Acknowledge receipt of the HUD 4010 form which states the Federal Labor Standards
Provisions and the applicable wage decision, which are part of this particular project
located at
Name of project Address of project
Contractor Name
Contractor Signature
17
This Instrument Prepared By and Return To:
City of Miami
Department of Community Development
444 S.W. 2°6 Avenue
Miami, Florida 33130-1910 �JWT
ATTACHMNET E To IIF -n i�! Z 7
DECLARATION
OF
RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Covenant") made this day of
2010 by (hereinafter referred to as the "Property
Owner'), is in favor of the City of Miami, a municipal corporation of the State of Florida
(hereinafter referred to as the "City").
RECITALS
WHEREAS, by Resolution No. . adopted , the Miami City
Commission allocated $430,809 in Community Development Block Grant Program funding
('`CDBG Funds") to Rafael Hernandez Housing and Economic Development Corporation
("RHHED") to carry out commercial rehabilitation activities (the "Project"); and
WHEREAS, the Property Owner holds title to certain commercial property located in the
City of Miami, Florida, as legally described on Exhibit "A" fthe "Property'); and
WHEREAS, the City and the Property Owner intend that the building exterior of the
Property will be rehabilitated with CDBG Funds as part of the Project. Such rehabilitation will
include new paint, windows, doors, awnings, signs and other exterior rehabilitation, as needed;
and
WHEREAS, as consideration for the rehabilitation of the Property, the Property Owner
desires to make a binding commitment to assure that the Property shall be used in accordance
with the provisions of this Covenant;
NOW, THEREFORE, the 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 the CDBG Funds: The Property Owner understands and agrees
that the CDBG Funds approved for the Property shall be used exclusively for construction costs
associated with the exterior rehabilitation of the Property, as more particularly described in
Exhibit B, attached hereto and made part hereof. * ADD lf,�f4-i @=T 8 _ #b JF f,4fiz3,,;
Section 3. Use of the Property. During the Covenant Period: (i) any sale or other
transfer or conveyance of any interest in the Property, or, (ii) any change in the use of the
Property, shall be in compliance with the requirements of 24 CFR Section 570.505 and require
the prior written consent of the City, which shall not be unreasonably withheld. During the
Covenant Period, the Property shall not be used for any ineligible activity under 24 CFR Section
570.207 or under 24 CFR Section 570.2000).
Section 4. Pavment to the City. In the event of a violation, during the Covenant Period,
of any of the requirements of Section 3 of this Covenant, the Property Owner shall, and
covenants and agrees to, reimburse to the City of Miami, the amount of CDBG Funds provided
for the Property, on a declining percentage basis, as follows: 100% in the first year, 80% in the
second year, 60% in the third year, 40% in the fourth year and 20% in the fifth year.. However,
if the Property Owner is able to demonstrate that the violation of Section 3 is due to hardship,
then the City may, in its sole discretion and in compliance with the CDBG Regulation (24 CFR
Part 570), adjust the amount payable to the City. Upon the expiration of the Covenant Period,
this requirement shall not apply.
Section 5. Term of Covenant: This Covenant shall remain in full force and effect
and shall be binding upon the Property Owner, its successors and assigns from the date hereof
until ("Covenant Period).
Section 6. Inspection and Enforcement: The Property Owner understands and agrees
that any official inspector of the City shall have the right at any time during normal working
hours to enter and investigate the use of the Property to determine whether the conditions of this
Covenant are being complied with.
Section 7. Amendment and Modification: This Covenant may be modified,
amended or released by a written instrument executed by the parties hereto. Should this
instrument be modified, amended or released, the City Manager shall execute a written
instrument in recordable form to be recorded in the Public Records of Miami -Dade County_,
Florida, effectuating and acknowledging such modification, amendment, or release.
Section 8. 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 9. Recordation: This Covenant shall be filed of record in the Public Records
of Miami -Dade County, Florida.
Section 10. This Covenant is a covenant running with the land. This Covenant shall
lapse and be of no further force and effect upon the expiration of the Covenant Period.
-2-
Section 11. The Property Owner shall notify the City within 10 business days of the
occurrence of a casualty loss to the Property or in the event of the Property or any part thereof
shall be condemned under the power of eminent domain.
Section II In the event that the rehabilitation of the Property is deemed financially or
otherwise unfeasible by the City, this Covenant shall be released by a written instrument
executed by the City Manager and to be recorded in the Public Records of Miami -Dade County,
Florida, effectuating and acknowledging such release.
IN WITNESS WHEREOF, the Property Owner has caused this Declaration of
Restrictive Covenants to be executed by its duly authorized officer(s) on the day and year first
above -written.
ATTEST:
a Florida corporation
I�
Date:
Property Owner Address:
Miami, FL
ACKNOWLEDGMENTS
STATE OF FLORIDA }
) SS:
COUNTY OF MIAMI -DADS)
THE FOREGOING INTSTRUN / ENT was acknowledged before me on this day of
[Business Name]
My Commission Expires:
2010 by , owner of
[Print Name]
who is personally known to me or who produced
as identification and did/did not take an oath.
Signature of Notary Public; State of Florida
Printed Name of Notary Public
-4-
Physical Address:
Legal Description:
Physical Address:
Legal Description:
EXHIBIT A 76��
OT {�,siT
Legal Description of the Property
-5-
EXHIBIT B Tb
REHABILITATION BUDGET AND SCHEDULE
tT bE 1,P*d--
w
�aFT
EXHIBIT C - COMPENSATION AND BUDGET SUMMARY
A. The CITY shall pay an amount not to exceed V30.809forthe PROJECT pursuant to this Deleted: 429.545
Agreement as follows:
The CTY will compensate the SUBRECiPIENT at a rate of 1 S% of the PROJECT
cost. up to .$S64.6?1 (IS% of the PROJECT cost or technical assistance and , - Deleted: uP o
_-__--------------
- -------------i---------------------
overseeing the PROJECT. SUBRECIPIENT's Itemized Budget. Cost Deleted:
Allocation, Budget Narrative, and Staff Salaries Schedule are attached hereto and tDeleted: rod,eSUB-REcrPrENr
made part of this contract. All expenditures will be paid on a line -item basis and
must be verified with a copy of the original invoice and a copy of a check or other
form of payment which was used to pay that specific invoice. Within 60 days of
submitting each reimbursement request, copies of the cancelled checks or other
CITY approved documents evidencing the payments by the SUBRECIPIENT, for
which reimbursement was requested, shall be submitted. In the event that an
invoice is paid by various funding sources, the copy of the invoice must indicate
the exact amount (allocation) paid by various funding sources equaling the total of
the invoice. No miscellaneous categories shall be accepted as a line -item budget.
The SUB -RECIPIENT will be compensated for the implementation of the
PROJECT after the work of each treatment is completed.
2. S The CTY will oar up to S366.188 for the construction costs to rehabilitate_ the_, , - Deleted:
buildings. The itemized PROJECT Budgets, Cost Allocation Report for
Construction, Rehabilitation and Improvements, and Budget Narratives are
attached hereto and made part of this Agreement. The Budgets shall list in detail
all the costs for the PROJECT including, but not limited to, technical assistance,
rehabilitation costs, and costs for architects, advertisement(s), permits and signs.
B. Each written request for payment shall contain a statement declaring and affirming that
services were provided to an approved business and in accordance with the approved
Work Program and Program Budget and Exhibit D - Disbursement Procedures. All
documentation in support of each request shall be subject to review and approval by the
CITY at the time the request is made.
C. During the term hereof and for a period of five (5) years following the date of submission
of the City of Miami's CAPER in which the specific activity is reported for the last time
(unless there is litigation, claims, audit, negotiation, or other actions involving the records
which has started before the expiration of the 5 -year period, in such cases, the records
must be retained until the completion of the action and resolution of all issues which arise
from it or the end of the regular 5 -year period whichever is longer), the CITY shall have
the right to review and audit the related records of the SLBRECIPIENT pertaining to any
payments by the CITY.
D. The SUBRECIPIENT must submit the request for final payment to the CITY within
thirty (30) calendar days following the expiration date or termination date of this
Agreement in a form to be provided by the Department. If the SUBRECIPIENT fails to
comply with this requirement. 'he SUBRECIPIENT shall forfeit all rights to payment and
the CITY may not honor any request submitted thereafter.
Any payment due under this Agreement may be withheld pending the receipt and
approval by the CITY of all reports due from the SUBRECIPIENT as a part of this
Agreement and any modifications thereto.
Executive Director
Date
EXHIBIT D
DISBURSEMENT PROCEDURES
(-T® be e-Z1htf;e LLphL Cu. xa"u -
ARTICLE I
1.1 The Agreement establishes the conditions to the CITY's obligation to grant the
CDBG Funds to the SUB -RECIPIENT. The SUB -RECIPIENT may not request disbursement of
funds pursuant to this Agreement until such funds are needed for the payment of eligible costs.
Notwithstanding the restrictions of the previous sentence of this paragraph, the Allocation
Retainage shall be disbursed by the CITY in accordance with the provisions of Section 1.7
hereof.
Provided the CITY is obligated to disburse the CDBG Funds pursuant to the Special
Grant Agreement, the CITY will disburse such funds in accordance with this Article I.
1.2 The SUB -RECIPIENT shall submit payment requests for the CDBG Funds as
needed. The SUB -RECIPIENT will submit or cause to be submitted the following documentation
to the CITY:
(a) A request for payment, in a form acceptable to the CITY, setting forth such details
concerning construction of the PROJECT as the CITY shall require, including: the amount to be
paid to the SUB -RECIPIENT not to exceed fifteen percent (15%) of the project cost up to
$ ; the amount paid to date to the contractor(s) constructing the PROJECT (the
"Contractor") and pursuant to the contract for the construction of the PROJECT between the
SUB -RECIPIENT and the Contractor (the "Construction Contract"); the amounts, if any, paid
directly by the SUB -RECIPIENT to subcontractors of the Contractor and materialmen; the
amount then currently payable to the Contractor, broken down by trades; the amounts paid on
account of the Contractor's construction fee: and the balance of the construction costs which will
remain unpaid after the of the amount currently payable.
Any request for payment must be submitted to the CITY by no later than the thirtieth
(30th) day of each month. Each Request for Payment must be signed by the SUB -RECIPIENT;
the Architect for the PROJECT, and the Contractor; as applicable.
Applications for receiving CDBG Funds for payment of hard costs will include the
CITY's Request for Payment Form (letter), AIA Application and Certificate for forms (if
applicable), the Contractor Request form, and other such documents as the CITY may require.
The CITY, as described in Section 1.3 hereof. shall be required to certify each payment request:
the amount of work on the PROJECT that has been completed; the good and acceptable
workmanship of the Contractor and its subcontractors; compliance with approved plans and
specifications of the PROJECT; and such other matters as the CITY may require. Lien waivers
shall be submitted to the CITY for review and approval before each disbursement.
(b) Each request for payment for hard costs shall constitute a representation and
certification by the SUB -RECIPIENT and the Contractor to the CITY that:
(i) The materials have been physically incorporated into the PROJECT, free
of liens and security interests, and that the construction of the PROJECT to date has been
performed substantially in accordance with the drawings and specifications and in a first-class
workmanlike manner;
(ii) All governmental licenses and permits required by the PROJECT as then
completed have been obtained and are available for inspection by the CITY;
(iii) The PROJECT as then completed does not violate any law, ordinance,
rule, regulation, or order or decree of any court or governmental authority;
(iv) No Event of Default has occurred and is continuing and there is no
continuing default under the Construction Contract; and
(v) The SUB -RECIPIENT, the Contractor and each subcontractor has
complied with all Federal, state and local laws and regulations relating to labor standards and
with HUD Handbook 1344.1.
(c) Such other information and documents as the CITY may reasonably require.
1.3 The CITY will review the work that is incorporated into the PROJECT and for
which each request for payment of the CDBG Funds is submitted. The CITY will review and
approve the final plans and specifications for the PROJECT and will review and approve the
payment requests based on the percentage of work completed. The CITY's reviews, approvals,
and conclusions shall be for the sole benefit of the CITY.
All construction change orders must receive the prior written approval of the change orders that
have not received the prior written approval of the CITY shall not be approved for payment by
the CITY.
1.4 Upon receipt of a request for payment, delivered pursuant to Section 1.2 hereof
and without attempting to verify the completeness of same, the CITY shall inspect the progress
of construction work at the PROJECT.
1.5 If the CITY finds the materials submitted by the SUB -RECIPIENT and the report
of inspection to be satisfactory and in accordance with the Special Grant Agreement, the CITY
shall fund to the SUB -RECIPIENT the sum requested by the SUB -RECIPIENT or such lower
sum as the CITY deems appropriate.
1.6 The CITY shall fund payment of the CDBG Funds after it has received both the
request for payment, in the form required by Section 1.2 hereof, and the inspection report of the
CITY, in the form required by Sections 1.2 and 1.3 hereof.
—2—
1.7 The CITY may retain 10% of the CDBG Funds allocated to the SUB -RECIPIENT
(the "Allocation Retainage") until it has received confirmation of completion of the Scope of
'Work and all the permits are closed.
1.8 The CITY reserves the right to refuse to fund any payment request(s) in the event
that the CITY determines that the PROJECT and/or the SUB -RECIPIENT are not in compliance
with any local, state or federal law or requirement.
ARTICLE II
MISCELLANEOUS
2.1 This Agreement may only be amended in writing by all the parties hereto.
2.2 This Agreement, the Special Grant Agreement and the other documents executed
by the parties in connection therewith constitute the entire agreement between the parties hereto
and no other agreements or representations; unless incorporated in this Agreement, shall be
binding upon any of the parties hereto.
2.3 All capitalized terms not defined herein shall have the meanings provided in the
Special Grant Agreement.
-3-
IN WITNESS WHEREOF, this Agreement has been executed by the SUB -RECIPIENT and the
CITY on the date first above written.
CORPORATESECRETARY DATE
ATTEST:
PRISCILLA A.THOMPSON DATE
CITY CLERK
APPROVED AS TO INSURANCE
REQUIREMENTS:
SUB -RECIPIENT:
Rafael Hernandez Housing and
Economic Development Corp.
3550 Biscayne Blvd. Ste. 500
Miami, FL 33137
a Florida not -for profit corporation
mm
PRESIDENT DATE
(AFFIX SEAL)
CITY OF MIAMI, a municipal
corporation of the State of Florida
CARLOS MIGOYA DATE
CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
GARY RESHEFSKY DATE JULIE 0. BRU DATE
RISK MANAGEMENT CITY ATTORNEY
-4-
EXHIBIT E
PROGRAM GUIDELINES
1. Sisnaae. Acknowledsement. Publicity. During the Term of this Agreement, the
SUB -RECIPIENT shall furnish signage identifying the PROJECT and shall
acknowledge the contribution of the CITY by incorporating the seal of the CITY
and the names of the CITY commissioners and officials in all documents,
literature, pamphlets, advertisements, and signage, permanent or otherwise. All
such acknowledgments shall be in a form acceptable to the CITY, as provided on
Attachment "A".
All publicity and advertisements prepared and released by the SUB -RECIPIENT
related to the PROJECT, such as pamphlets and news releases, and all events
carried out to publicize the PROJECT, shall recognize the CITY as one of the
PROJECT's funding sources.
2. Costs Incurred By the CITY. Notwithstanding any other provision of this
Agreement, the SUB -RECIPIENT understands and agrees that a portion of the
CDBG Funds was awarded to the PROJECT for, and may be used by the CITY to
cover, costs incurred by the CITY on behalf of the PROJECT. Such costs may
include, but are not limited to, signs, environmental advertising costs and
recording fees.
3. Insurance Requirements for Contractors. The SUB -RECIPIENT shall require the
General Contractor and Subcontractors to satisfy the CITY's insurance
requirements, as provided on Attachment "B".
1
EXHIBIT E
4. List of Subcontractors. The SUB -RECIPIENT shall submit a list of all of the
SUB-RECIPIENT's subcontractors as of the date of execution of this Agreement,
and copies of all contracts for the performance of services or the supply of
materials in connection with the PROJECT.
5. Historic Preservation Review. All applicable requirements of the State of Florida
Historic Preservation Department shall have been met prior to the disbursement of
any funds hereunder.
6. Environmental Report. The SUB -RECIPIENT shall submit all environmental
information requested by the CITY with respect to the PROJECT including, but
not limited to, Phase I and Phase II Environmental Assessment Reports, as
applicable.
7. Environmental Clearance. The PROJECT construction must not commence, or if
the PROJECT was already under construction at the time of application for
federal funds, construction must cease immediately, until a HUD Release of Grant
Conditions or a confirmation of exempt status has been issued for the PROJECT.
8. The SUB -RECIPIENT shall be responsible for monitoring the contractual
performance of all subcontracts.
9. The SUB -RECIPIENT shall submit to the CITY for its review and confirmation
any subcontract engaging any party who agrees to carry out any substantive
programmatic activities, to ensure its compliance with the requirements of this
Agreement. The CITY's review and confirmation shall be obtained prior to the
release of any funds for the SUB-RECIPIENT's subcontractor(s).
2
EXHIBIT E
10. Approval by the CITY of any subcontract or assignment shall not under any
circumstances be deemed to be the CITY's agreement to incur any obligations in
excess of the total dollar amount agreed upon in this Agreement.
11. The SUB -RECIPIENT and its subcontractors shall comply with the Davis -Bacon
Act, if applicable; the Copeland Anti -Kick Back Act, the Contract Work Hours
and Safety -Standards Act, the Lead -Based Paint Poisoning Prevention Act, the
Residential Lead Based Paint Hazard Reduction Act of 1992 (and implementing
regulations at 24 C.F.R. Part 35), Section 3 of the Housing Development Act of
1968 and any other applicable laws, ordinances and regulations.
12. The SUB -RECIPIENT shall submit to the CITY for written prior approval all
proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals.
13. The SUB -RECIPIENT, prior to the commencement of work, shall secure the
Special Grant Agreement hard -costs with a five (5) year covenant filed against the
real property title where the improvements are made by ensuring that each
property owner executes a Declaration of Restrictive Covenant included in this
Agreement attached hereto as (Attachment E).
14. The SUB -RECIPIENT, contractors and sub -contracts shall comply with Davis -
Bacon Act wage requirements on all construction, rehabilitation and other labor
and work funded by the CITY in excess of $2.000.
15. The SUB -RECIPIENT shall abide by the Federal. Labor Standards provisions of
U.S. HUD Form 4010 incorporated herein as part of this Agreement (Attachment
D).
IF
EXHIBIT E
16. The SUB -RECIPIENT shall incorporate into all contracts with contractors and
shall require all contractors to incorporate into all sub -contracts the following
requirements:
The contractor/subcontractor shall:
a. Contact the SUB -RECIPIENT and the CITY prior to taking any action, to
schedule a meeting to receive compliance information.
b. Comply with the contractor's procurement and pre -award requirements
and procedures which, at a minimum, shall adhere to all applicable federal
standards.
C. Comply with the Davis Bacon Act; Copeland Anti -Kick Back Act;
Contract Work Hours and Safety Standards Act; and Lead -Based Paint
Poisoning Prevention Act; and other related acts, as applicable.
d. Submit to the SUB -RECIPIENT and CITY for written approval all
proposed Solicitation Notices, Invitations for Bids, and Requests for
Proposals prior to publication.
e. Submit to the SUB -RECIPIENT and the CITY all construction plans and
specifications and receive the SUB -RECIPIENT and the CITY's approval
prior to implementation.
f PROJECT construction must not commence until a HUD Release of Grant
Conditions or a confirmation of exempt status has been issued for the
PROJECT.
4
EXHIBIT E
SUB -RECIPIENT:
Rafael Hernandez Housing &
Economic Development Corp.
3550 Biscayne Blvd. Ste. 4500
Miami, FL 33137
By:
Janitza Torres -Kaplan
Executive Director
5 ifi s -T F
(76—L e
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned,
to any person for influenci..g 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 with 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 was 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 S100,000 for
each such failure.
Name of Applicant
Print name of Certifying Official
Signature of Certifying Official Date
50
City of
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this day of , 200
by who is personally known to me or who
(name of person whose signature is being notarized)
produced
(Type of Identification)
NOTARY PUBLIC:
as identification, and who did/did not take an oath.
(Signature) (Print Name)
My commission expires
SEAL
51
(-Co .>c off. htd ear
CERTIFICATION REGARDING EBARM T, 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 performing 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, making 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.
2. 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
Print Name of Certifying Official
Signature of Certifying Official Date
52
City of
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this day of , 200
by
(name of person whose signature is being notarized)
produced
(Type of Identification)
NOTARY PUBLIC:
who is personally known to me or who
as identification, and who did/did not take an oath.
(Signature) (Print Name)
My commission expires
SEAL
53
�;tw 13=T 4
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC ENTITY CRIME
(7n ., c"Rem c,� ht- � -eek 1;
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to
By
(Print this individual's name and title)
for
(Print name of entity submitting statements)
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:
2. 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, with 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. 1 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 knowingly 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
54
�A onqL"Redll
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, executives,
partners, shareholders, employees, members, and agents who are active in management of an entity.
6. 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).
7 Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
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 more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity 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 submitting 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 I (ONE) ABOVE IS
FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 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 AM 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
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Signature
City of
Sworn and subscribed before me this
Or who produced identification -
NOTARY PUBLIC:
(Signature) (Print Name)
STATE OF FLORIDA
day of 200_ by
who is Personally known to me
(Type of Identification)
My commission expires
SEAL
55
EXHIBIT I
INSURANCE REQUIREMENTS
TECHNICAL ASSISTANCE
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $300,000
General Aggregate Limit $600,000
Personal and Adv. Injury $300,000
Products/Completed Operations $300,000
B. Endorsements Required
City of Miami included as an Additional Insured
Contractual Liability
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit/Split Limits
Owned/Scheduled Autos $50,000/100,000/50,000
Hired and Non Owned Autos $50,000/100,000
B. Endorsements Required
City of Miami included as an Additional Insured
a An agency may request in writing the waiver of this coverage in part or as a
whole if:
a) The agency does not own any vehicles
b) The agency does not hire the services of a company to perform
services for which the agency is being awarded the funding, and
c) The agency does not allow employees to use their personal
vehicle for business purposes.
III. Worker's Compensation
A. Limits of Liability
Statutory -State of Florida
B. Employer's Liability
Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
o NOTE: All certificates of insurance must be provided for review and
approval prior to the effective date of the agreement.
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than thirty (30) days prior
to any such cancellation or material change.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.