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HomeMy WebLinkAboutwork programEXHIBIT B COMMERCIAL FACADE WORK PROGRAM 1. The Agency will provide assistance under the Commercial Facade Treatment Program to eligible businesses located in the district from which the agency was funded. 2. To be eligible the entity must be an operating for profit business having an occupational license for that location and a certificate of use for that type of business. The facade program is per business address and license; not solely by the number of licenses. 3. The business must have access to the exterior of the building. To participate, one of the following must be met: • a commercial establishment / business / storefront that is located on the first floor with street access, on a commercial corridor or commercial pedestrian walkway: • a commercial establishment / business / storefront located above a first floor, in a building that has direct open access to a commercial corridor so that the business entrance can be visible and accessible from the outside. 4. If the building has mixed use (commercial and housing), no part of the Commercial Facade Treatment can be used for the housing portion of the building. 5. If the building is an office building, the offices inside the building will not be eligible for the Commercial Facade Treatment Program. 6. Only activities located in census blocks with a percentage of low and moderate income persons ira excess of 51 percent will be undertaken by the Subrecipient If the Agency intendsto document that "the service area" is different from the location of the business, and that it serves persons of low and moderate income, the City must approve the activity before any work is done, The environmental clearance letter is the authorization for the project. 7. CBO will not submit an activity for approval whose Letter of Interest is dated more than six (6) months prior to the date of submission for the approval of the City of Miami. 8. The City will compensate the Agency for their implementation of a project after the work is completed. If there are several treatments for one project, the compensation to the a.gency will be deferred until the last treatment is completed. 9. CBO will make bid specifications very detailed, identifying the exact work to be done, time period in which work must be completed, product and work guarantees required, etc. If the business owner selects a contractor other than the lowest responsive bidder, CBO understands that the Department of Community Development will only reimburse the CBO the amount that would have been paid to the lowest responsive bidder. 10. CBO will ensure that Contractors do not use the license, bonding or insurance of another contractor to serve in lieu of the one they are required to have by law. A letter stating that: • "a qualifier for Contractor A authorizes Contractor B to develop work using my license" • "the owner of Contractor A authorizes Contractor B to work under our license and insurance • "contractor licensee A authorize contractor B to operate and work where electrical Licensee A. will sign and oversee all work that will require my authorization" 1S NOT ACCEPTABLE! CBO will make sure that if the project requires it, a contractor may hire another contractor as a subcontractor to do a job in order to complete a project as long as the proposed subcontractor is licensed, bonded and insured. To ensure this, CBO will insist that there be a subcontractor agreement; the subcontractor will apply for the permit, perform the work, request the final inspection and provide proof of the passing inspection to the contractor. This subcontractor agreement must incorporate HUD Form 4010 and the applicable wage decision for the project. A copy of Form 4010 is attached to this Program Directive, the wage determination will be provided on a quarterly basis by the Department. Copies of the Certified Payrolls (HUD Form WH-347) for all subcontractors and the contractor must be included in the commercial facade reimbursement request. 11. The City will compensate the Agency on a performance basis in an amount not to exceed the maximum compensation as indicated in Exhibit C of the Agreement. The City wil.1 compensate the agency at a rate of 20 % of the actual project costs up to a maximum of $110,000.00 per business. 12. The 30th CDBG Program Year ends September 30, 2005. Therefore, any project completed by September 30, 2005, will count towards the 30th Program Year accomplishments, To clarify, a completed project is one that has been acknowledged as completed by all parties, with a fully signed Final Payment Release Authorization form. Economic Development Facade Providers will have until October 30. 2005 to turn in the final reimbursement request and the financial close out package. The final reimbursement request will not be processed unless the close out package has been properly completed and submitted to the Department of Community Development by the due date. 13. The Agency understands and agrees that the City will not issue any reimbursement: checks while the Agency is in arrears of its requirement to provide the City with monthly reports, which are due not later than the 10th of the following month. These monthly reports are to be. submitted using Form F 102. 14. The work performed under this Work Program shall be subject to inspection and approval by the City. 15. The Agency agrees to comply with the City of Miami Commercial Facade Treatment Program Policies and Procedures Manual, attached to this Work Program as Appendix B-1., as the same may be amended by the City in its sole discretion from time to time, by Program Directives. 16. By signing below, the Agency hereby acknowledges receipt of the City of Miamii Commercial Facade Treatment Program Policies and Procedures Manual. COMMERCIAL CODE COMPLIANCE WORK PROGRAM 1. The Agency will provide assistance under the Commercial Code Compliance Program to eligible businesses located in the district from which the agency was funded. 2. To be eligible to receive Technical Assistance, a business shall: a. Posses proof of valid and current Occupational License b. Posses proof of valid and current Certificate of Use c. Posses proof of valid and current Fire Fee Certification d. Posses proof of valid and current Solid Waste Fee certification 3. A Commercial Code Compliance project is initiated by a notice of violation frorn the City oi' Miami Building Department and/or the N.E.T. offices along with a LETTER OF INTEREST. 4. The NET office advises the Department of Community Development (DCD) of acceptance or rejection of the project in a separate notice in writing with copies to the CBO and/or business. The NET notice either explains the disapproval or authorizes the CBO to develop the project, specifications. If the NET Office approves the processing of the specifications, Form F 101 will be used to document approval by the City. Form F101 must be signed by an authorized employee of the Department of Community Development, 5. CBO will not submit an activity for approval whose Letter of Interest is dated more than six (6) months prior to the date of submission for the approval of the City of Miami. 6. The dollar limitation for a single business project is $10,000.00. In the event the cost of repairs exceeds the maximum allowable cost, it is understood that the business owner is responsible for any dollar amount over the $10,000.00 limit. The types of projects include correction of the following violations: (a) electrical, (b) building, (c) fire, (d) plumbing, (e) mechanical and (f) ADA compliance (not included as part of regular projects. Approval will be on a case by case basis). If total cost of project exceeds the $10,000.00 ceiling, this will not cause denial of the project when all other requirements are met, 7. The City will compensate the Agency for their implementation of a project after the work is completed. If there are several treatments for one business, the compensation to the agency will be deferred until the last treatment is completed. 8. The City will compensate the Agency on a performance basis in an amount not to exceed the maximum compensation as indicated in Exhibit C of the Agreement. The City will compensate the agency at a rate of 20 % of the actual project costs. If the correction of the code violations will result in job creation and/or retention, Agency will not renuest compensation based on completion of Commercial Code Compliance and achievement of Job Creation / Retention, Agency must decide and inform the City at the time it requests the City's approval for the project how it will treat the project. 9. The Agency understands and agrees that the City will not issue any reimbursement checks while the Agency is in arrears of its requirement to provide the City with monthly reports, which are due not later that the 10th of the following month. These monthly reports are to be submitted using Form F102. 10. The work performed under this Work Program shall be subject to inspection and approval by the City. I1. The Agency agrees to comply with the City of Miami Commercial Code Compliance Program Policies and Procedures Manual, attached to this Work Program as Appendix B-2, as the same may be amended by the City in its sole discretion from time to time, by Program Directives. 12. By signing below, the Agency hereby acknowledges receipt of the City of Miami Commercial Code Compliance Program Policies and Procedures Manual. SUBRECIPIENT: Aliapattah Business Development Authority, Inc. Bv: lam ra Pacheco, Executive Director STATE OF FLORIDA COUNTY OF 11 J) The foregoing instrument was acknowledged before me this �� -' �'� G7-0 by Xiomara Pacheco, Executive Director of Small Business Opportunity Center, Inc., a Florida not -for -profit corporation, on behalf of the corporation. He/she is (personally kngwn to me or has produced as identification. ./ Print Notary Public's Name .1/4,0.„ Manna A Gamboa (SEAL) �° ; My Commission D0301627 1? o; "o'iA Expires April 17 2008 Signature