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HomeMy WebLinkAboutExhibit 14 V2EXHIBIT I DISBURSEMENT AGREEMENT This Disbursement Agreement is made this day of , 2008 by and between Neighbors and Neighbors Association, Inc., a not for profit corporation, (hereinafter the "SUB -RECIPIENT"), and the City of Miami, a municipal corporation of the State of Florida, through its Department of Community Development (hereinafter the "City"). RECITAL WHEREAS, pursuant to Resolution No. 05-0577, adopted September 22, 2005, the Miami City Commission authorized the transfer of 30th year Community Development Grant Funds, in the amount of five hundred thousand dollars ($500,000.00), and allocated said fund to the Sub -recipient to oversee the rehabilitation of the building facades between Northwest 54th Street and Northwest 58th Street along Northwest 7th Avenue, Miami, Florida, (Oshun Village Project) ("PROJECT"); and 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"); and WHEREAS, the SUB -RECIPIENT and the City desire to establish the mechanism whereby, the SUB -RECIPIENT will apply to receive the CDBG Funds. NOW, THEREFORE, for and in consideration of the SUB-RECIPIENT's development of the Project and the reciprocal agreements set forth herein, the SUB -RECIPIENT and the City agree as follows: ARTICLE I DISBURSEMENT PROCEDURE 1.1 The Agreement establishes the conditions to the City's obligation to grant CDBG Funds for the PROJECT. The SUB -RECIPIENT may not request disbursement of funds pursuant to this Agreement until such funds are needed for the payment of eligible costs. Eligible cost will be paid directly to the vendors or contractors providing services to the Project, not the SUB-RECIPENT. 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 CDBG Agreement, the City will disburse such funds in accordance with this Article I. 1.2 The SUB -RECIPIENT shall submit payment requests for the CDBG Funds as needed. The SUB -RECIPIENT will submit or cause to be submitted the following documentation to the City: (a) A request for payment, in a form acceptable to the City, setting forth such details concerning construction of the Project as the City shall require, including: the amount paid to date to the General Contractorr(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), Al Application and Certificate for forms (if applicable), the Contractor Request form, and other such architectural documents as the City may require. The City Inspector, 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 final plans and specifications of the Project; and such other matters as the City may require. Lien waivers shall be submitted to to the title insurance company, the City Inspector for review and approval before each disbursement. If the City requires that the title insurance company monitor all lien waivers, the Subrecipient shall also submit to the title insurance company all lien waivers in connection with each proposed draw. All costs associated with the title insurance company in monitoring lien waivers shall be paid by the Project. (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; -2- (ii) All governmental licenses and permits required by the Project as then completed have been obtained and are available for inspection by the City; (iii) The Project as then completed does not violate any law, ordinance, rule, regulation, or order or decree of any court or governmental authority; and (iv) No Event of Default has occurred and is continuing and there is no continuing default under the Construction Contract. (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 Inspector 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 Inspector 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 Inspector'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 City Inspector. Change orders that have not received the prior written approval of the City Inspector shall not be approved for payment by the City. 1.4 Within ten (10) working days of its 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 will notify the City Inspector of the need to inspect the progress of construction work at the Project. 1.5 If the City finds the materials submitted by the SUB -RECIPIENT and the report of inspection to be satisfactory and in accordance with the CDBG Agreement, the City shall fund 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 Inspector, in the form required by Sections 1.2 and 1.3 hereof. 1.7 The City shall retain 10% of the CDBG Funds allocated to the Project (the "Allocation Retainage") until it has received confirmation of completion of the Scope of Work. 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. -3- 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 oca , state or federal law or requirement. Disbursements for other than hard costs, if permitted pursuant to the CDBG Agreement, shall be made in accordance with the City of Miami Department of Community Development Disbursement of Funds Checklist. ARTICLE II MISCELLANEOUS 2.1 This Agreement may only be amended in writing by all the parties hereto. 2.2 This Agreement, the CDBG Agreement and the other documents executed by the parties in connection therewith constitute the entire agreement between the parties hereto and no other agreements or representations, unless incorporated in this Agreement, shall be binding upon any of the parties hereto. 2.3 All capitalized terms not defined herein shall have the meanings provided in the CDBG Agreement. - 4 - IN WITNESS WHEREOF, this Agreement has been executed by the SUB -RECIPIENT and the City on the date first above written. SUB -RECIPIENT: Nieghbors and Neighbors Association, Inc. 180 N.W. 62 Street Miami, FL 33150 a Florida not -for profit corporation BY: CORPORATE SECRETARY DATE PRESIDENT DATE (AFFIX SEAL) CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: BY: PRISCILLA A.THOMPSON DATE PEDRO G. HERNANDEZ DATE CITY CLERK CITY MANAGER APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: LEEANN BREHM DATE JULIE O. BRU DATE RISK MANAGEMENT CITY ATTORNEY -5-