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HomeMy WebLinkAboutExhibit 3EXHIBIT B — WORK PROGRAM COMMERCIAL FACADE AND CODE COMPLIANCE COMMERCIAL FACADE 1. The SUB -RECIPIENT will provide assistance under the Commercial Facade Treatment Program to eligible businesses located in the districts from which the SUB -RECIPIENT was funded. 2. Eligible facade treatments include signs, shutters, window, doors awnings and paint. 3. The dollar limitation for facade treatments is $10,000.00 per business. In the event that the cost of repairs exceeds the maximum allowable cost, the business owner will be responsible for any amount over the $10,000.00 limit. 4. To be eligible the entity must be an operating for profit business having an occupational license for that type of business and a certificate of use for that location. The facade program is per business address and license; not solely by the number of licenses. 5. 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. 6. 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. 7. Only activities located in census blocks with a percentage of low and moderate income persons in excess of 51 percent can be undertaken by the SUB - RECIPIENT. If the SUB -RECIPIENT intends to document that "the service area" is different from the location of the business, and that it serves persons of low and moderate income, then the SUB -RECIPIENT must provide documentation of the area served along with the Letter of interest for City approval. S. The environmental clearance letter is the authorization (Letter of Commencement) for the project. 9. SUB -RECIPIENT will not submit an activity for approval whose Letter of Interest is incomplete or dated more than six (6) months prior to the date of submission for the approval of the City of Miami. 10. The City will compensate the SUB -RECIPIENT for their implementation of a project after the work for each phase of the project is completed. 11. SUB -RECIPIENT 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, SUB -RECIPIENT understands that the Department of Community Development will only reimburse the SUB -RECIPIENT the amount that would have been paid to the lowest responsive bidder. 12. SUB -RECIPIENT 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" IS NOT ACCEPTABLE! SUB -RECIPIENT 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, SUB -RECIPIENT 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. 13. All contractor and subcontractor(s) agreements must incorporate HUD Form 4010 and the applicable wage decision for the project. The wage determination can be provided on a quarterly basis by the City. Copies of the Certified Payrolls (HUD Form WH-347) for all subcontractors and the contractor must be included in the commercial facade reimbursement request. 14. The 32nd CDBG Program Year ends September 30, 2007. Therefore, any project completed by September 30, 2007, will count towards the 32nd Program Year accomplishments. SUB -RECIPIENT understands that 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, 2007 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. 15. The SUB -RECIPIENT understands and agrees that the City will not issue any reimbursement checks while the SUB -RECIPIENT 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 F102. 16. The work performed under this Work Program shall be subject to inspection and approval by the City. 17. The SUB -RECIPIENT agrees to comply with the City of Miami Commercial Facade Treatment Program Policies and Procedures Manual, which is a part of this contract, as the same may be amended by the City in its sole discretion from time to time, by Program Directives. 18. By signing below, the SUB -RECIPIENT hereby acknowledges receipt of the City of Miami Commercial Facade Treatment Program Policies and Procedures Manual. COMMERCIAL CODE COMPLIANCE WORK PROGRAM 1. The SUB -RECIPIENT will provide assistance under the Commercial Code Compliance Program to eligible businesses located in the district from which the SUB -RECIPIENT was funded. 2. To be eligible to receive Commercial Code Compliance Program, a business shall: a. Posses proof of valid and current Occupational. License b. Posses proof of valid and current Certificate of Use 3. A Commercial Code Compliance project is initiated by a Letter of Interest from the business accompanied by a copy of the notice of violation from the City of Miami Building Department and/or the Department of Code Enforcement. 4. The City of Miami Neighborhood Enhancement Team (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 SUB -RECIPIENT and/or business. The NET notice either explains the disapproval or authorizes the SUB - RECIPIENT 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. SUB -RECIPIENT 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 code compliance project is $15,000.00 per business. 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 $15,000.00 limit. The types of projects include correction of the following violations: (a) electrical, (b) building, (c) fire, (d) plumbing, (e) mechanical and (f) Americans By: with Disabilities Act (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 $15,000.00 limit, this will not cause denial of the project when all other requirements are met. 7. The City will compensate the SUB -RECIPIENT for their implementation of a project after the work for each phase of the project is completed. S. The SUB -RECIPIENT understands and agrees that the City will not issue any reimbursement checks while the SUB -RECIPIENT 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. 9. The work performed under this Work Program shall be subject to inspection and approval by the City. 10. The SUB -RECIPIENT agrees to comply with the City of Miami Commercial Code Compliance Program Policies and Procedures Manual, which is a part of this agreement, as the same may be amended by the City in its sole discretion from time to time, by Program Directives. Name: Date Executive Director STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this by , Executive Director of , a Florida not - for -profit corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Print Notary Public's Name Signature (SEAL)