HomeMy WebLinkAboutExhibit 7 V2EXHIBIT D
PROGRAM GUIDELINES — OSHUN PROJECT
1. Signage, Acknowledgement, 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, 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".
4. List of Subcontractors. The SUB -RECIPIENT shall submit a list of all of the
Project's contractors and subcontractors as of the date of execution of this
EXHIBIT D
Agreement, and copies of all contracts in excess of $10,000 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. 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 contractors or 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 Project or to contractors and
subcontractors.
10. Approval by the City of any contractor, 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 of $500,000 agreed upon in this Agreement.
EXHIBIT D
11. The SUB -RECIPIENT and all contractor and/or sub -contractors 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) 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 will ensure that each participating property owner enters
into a five (5) year covenant (Attachment C - Declaration of Restrictive
Covenant) filed by the City of Miami against the real property title where the
improvements are made in order to secure building rehabilitation grant hard -costs.
Participating property owners are required to reimburse the City of Miami
completely (100%) if the Property is sold during the Covenant Period or if the use
changes during the Covenant Period and (b) pay the City of Miami an amount
equal to the current market value of the Property, less any portion of the value
attributable to expenditures of non-CDBG funds for the acquisition of, or
improvement to the Property, if the Property is sold during the Covenant Period.
If the Property is sold after 5 years, there will be no requirement for
reimbursement of funds Attachment C - Declaration of Restrictive Covenant.
14. ECONOMIC DEVELOPMENT TECHNICAL ASSISTANCE MANUAL. The
SUB -RECIPIENT is aware of and accepts the "Economic Development Technical
Assistance Manual" which shall regulate the performance of the activities
performed by the SUB -RECIPIENT in fulfillment of the Work Program.
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15. The SUB -RECIPIENT, contractors and sub -contractors shall comply with Davis -
Bacon Act wage requirements on all construction, rehabilitation and other labor
and work funded by the City in excess of $2,000.
16. The SUB -RECIPIENT, contractors and sub -contractors shall abide by the Federal
Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part
of this Agreement (Attachment D).
17. The SUB -RECIPIENT shall incorporate into all contracts with contractors and
shall require all contractors to incorporate into all subcontracts 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.
EXHIBIT D
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.
18. All other documents required by the City.
SUB -RECIPIENT:
Neighbors and Neighbors Association, Inc.
180 NW 62nd Street
Miami, FL 33150
By:
Leroy Jones, Executive Director