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HomeMy WebLinkAboutExhibitAMENDMENT #1 This Amendment to that Agreement between the City of Miami, a municipal corporation of the State of Florida ("City") and Rafael Hernandez Housing and Economic Development Corp. ("Sub -recipient") dated June 14, 2010 (the "Agreement") is entered into this day of , 2011. RECITAL WHEREAS, The City Commission, by Resolution No. R-09-0295, adopted June 18, 2009, allocated funds and awarded a grant to the SUB -RECIPIENT in the total amount of $300,000.00 (the "GRANT") for the exterior rehabilitation of businesses located District 2 for the District 2 Commercial Building Rehabilitation Pilot Project ("PROJECT"); and tiOi WHEREAS, The City Commission, by Resolution No. R-11-XXXX adopted r—may 2011, authorizes changing the "PROJECT'S" Activities Benefiting Low to Moderate Income Persons" from Job Creation to Area Benefit; and WHEREAS, all the funds are subject to the same terms and conditions contained in the Agreement; and NOW, THEREFORE, in consideration of the foregoing, the City and Sub - recipient hereby agree to amend the Agreement as follows: 1. TERMS OF AGREEMENT is amended to read: The term of this Agreement shall commence on October 1, 2009 and shall terminate two (2) years from the date this Amendment is executed by both parties. The City of Miami retaining the option to extend the term hereof for a period not to exceed one (1) year, subject to extension of Program availability and appropriation of grant funds 2. EXHIBIT B of the Agreement (Work Program) is amended to the new Exhibit B attached to this Amendment. 3. EXHIBIT C of the Agreement (Compensation and Budget) is amended to the new EXHIBIT C attached to this Amendment. 4. EXHIBIT I of the Agreement (Insurance Requirement) is amended to the new EXHIBIT I attached to this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. ATTEST: Name Title Date SUBRECIPIENT Rafael Hernandez Housing & Economic Development Corp 3550 Biscayne Blvd, Ste. 500 Miami, FL 33137 a Florida not -for profit corporation Name: Title: CORPORATE SEAL: Date ATTEST: CITY OF MIAMI, a municipal Corporation of the State of Florida Priscilla A. Thompson Date Tony E. Crapp, JR. City Clerk City Manager Date APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: Gary Reshefsky Risk Management Date Julie 0. Bru City Attorney Date EXHIBIT B - WORK PROGRAM 1. CDBG grant funds in the amount of $300,000 were allocated to Rafael Hernandez Housing and Economic Development Corporation ("SUB -RECIPIENT") for technical assistance and hard costs in the implementation of the District 2 Commercial Rehabilitation Project ("PROJECT"), which will provide for rehabilitation of the building exteriors of selected businesses located , Miami, FL, pursuant to Resolution No. R- , approved on , by the City of Miami Commission. 2. The SUB -RECIPIENT understands that the National Objective Benefiting Low and Moderate Income Persons; sub -category Area Benefit 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. 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 1 title, where improvements in excess of $25,000 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 By: Janitza Torres -Kaplan Executive Director STATE OF FLORIDA COUNTY OF 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 EXHIBIT C COMPENSATION AND BUDGET SUMMARY A. The SUB -RECIPIENT understands that the City has allocated $300,000 for the Project. The CITY will compensate the SUB -RECIPIENT on a performance basis at a rate of 15% of actual project costs, up to $45,000. B. During the term hereof and for a period of five (5) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the SU&RECIPIENT pertaining to any payments by the CITY. C. Requests for payment should be made following the procedures stipulated in Exhibit D- Disbursement Procedures. D. The SUB-RECIPIENT's and PROJECT's Itemized Budgets, Cost Allocation Report for Construction, Rehabilitation and Improvements, 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 cost, architecture, advertisement, permits and signs. E. The SUB -RECIPIENT must submit the final request for payment to the CITY within thirty (30) calendar days following the expiration date or termination date of this -----Agreement--in--a--form--provided_by-_the-Department.__If_the. SUB_RECIP.IENT fails to comply with this requirement, the SUB -RECIPIENT shall forfeit all rights to payment for the PROJECT and the CITY shall not honor any request submitted thereafter. F. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUB -RECIPIENT as a part of this Agreement and any modifications thereto. Executive Director Date 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 • 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 • 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.