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HomeMy WebLinkAboutBack-Up DocumentsSEOPW Board of Commissioners Special Meeting October 24, 2013 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Michelle Spence -Jones and Members of the CRA Board From: Clarence E. Woods, III Executive Director /1) Date: October 18, 2013 File: 13-01205 Subject: Resolution Authorizing Acceptance of EDA Grant for Rehabilitation of Historic Ebenezer Church. References: Enclosures: Supporting Documentation; Legislation BACKGROUND: The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") accepts funds, in an amount not to exceed $900,000, consisting of a grant award from the U.S. Department of Commerce's Economic Development Administration for the adaptive re -use and rehabilitation of the historic Ebenezer Church, 300 NW 11 Street, Miami, Florida ("site"). Through grant support from the CRA, Miami Dade College ("MDC") operates the Hospitality Institute, which provides training and employment opportunities to residents of the Redevelopment Area. MDC has expanded the Hospitality Institute to include culinary arts training; however, MDC is in need of dedicated space to operate the expanded programming. To assist MDC with its expansion, the CRA has agreed to allow the Hospitality Institute to operate at the site, but the site is in need of being rehabilitated. In an effort to assist the CRA with leveraging its funding support of the Hospitality Institute, the CRA applied for a grant in the amount of $900,000.00 from the U.S. Department of Commerce's Economic Development Administration ("EDA") for the adaptive re -use and rehabilitation of the site. The application also required participation by MDC, and the City of Miami ("City"), given that the CRA is one of its agencies. On October 1, 2013, EDA awarded a grant, in an amount not to exceed $900,000.00 for the adaptive re -use and rehabilitation of the site ("grant award"), and requires the City and the CRA to accept the award within thirty (30) days. Acceptance of this grant award would enable the CRA to rehabilitate the site and allow MDC to continue its expanded programming. JUSTIFICATION: Section 163.370(2)(g), Florida Statutes, allows a community redevelopment agency to "to borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government." Section 2, Goal 1, at page 11, of the 2009 Southeast Overtown/Park West Community Redevelopment Plan ("Plan") provides for the preservation of historic buildings and community heritage as a stated redevelopment goal. The Plan, at pages 89 — 90, also describes the Ebenezer Church, 300 NW 11 Street, Miami, Florida ("site"), as being historically significant, and encourages the renovation of such buildings throughout the Redevelopment Area. FUNDING: This Resolution does not commit funding. City of Miami Legislation CRA Resolution: CRA-R-13-0064 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01205 Final Action Date: 10/24/2013 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMM UNITY REDEVELOPM ENT AGENCY ACCEPTING FUNDS, IN AN AMOUNT NOT TO EXCEED $900,000, CONSISTING OF A GRANT AWARD FROM THE U.S. DEPARTMENT OF COMMERCE'S ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE ADAPTIVE RE -USE OF AND REHABILITATION OF THE HISTORIC EBENEZER CHURCH, 300 NW 11 STREET, MIAMI, FLORIDA; RATIFYING THE EXECUTIVE DIRECTOR'S EXECUTION OF THE FINANCIAL ASSISTANCE AWARD AGREEMENT ATTACHED HERETO; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL OTHER AMENDMENTS, EXTENSIONS, MODIFICATIONS, AND OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"); and WHEREAS, Section 163.370(2)(g), Florida Statutes, allows a community redevelopment agency to "to borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government;" and WHEREAS, Section 2, Goal 1, at page 11, of the Plan, provides for the preservation of historic buildings and community heritage as a stated redevelopment goal; and WHEREAS, the Plan, at pages 89 - 90, describes the Ebenezer Church, 300 NW 11 Street, Miami, Florida ("site"), as being historically significant, and encourages the renovation of such buildings throughout the Redevelopment Area; and WHEREAS, through grant support from the CRA, Miami Dade College operates the Hospitality Institute, which provides training and employment opportunities to residents of the Redevelopment Area; and WHEREAS, Miami Dade College has expanded the Hospitality Institute to include culinary arts training; however, Miami Dade College is in need of dedicated space to operate the expanded programming; and WHEREAS, to assist Miami Dade College with its expansion, the CRA has agreed to allow the Hospitality Institute to operate at the site, but the site is in need of being rehabilitated; and WHEREAS, in an effort to assist the CRA with leveraging its funding support of the Hospitality Institute, the CRA applied for a grant in the amount of $900,000.00 from the U.S. Department of City of Miami Page 1 of 2 File Id: 13-01205 (Version: 1) Printed On: 12/2/2013 File Number: 13-01205 Enactment Number: CRA-R-13-0064 Commerce's Economic Development Administration ("EDA") for the adaptive re -use and rehabilitation of the site; and WHEREAS, the application also required participation by Miami Dade College, and the City of Miami ("City"), given that the CRA is one of its agencies; and WHEREAS, on October 1, 2013, EDA awarded a grant, in an amount not to exceed $900,000.00 for the for the adaptive re -use and rehabilitation of the site ("grant award"), and requires the City and the CRA to accept the award within thirty (30) days; and WHEREAS, the Board of Commissioners wishes to accept the award, wishes to ratify the Executive Director's execution of the Financial Assistant Award Agreement attached hereto , and authorizes the Executive Director to execute all other amendments, extensions, modifications, and other necessary documents in order to implement the acceptance of and compliance with said grant award; and WHEREAS, the Board of Commissioners finds that the acceptance of the grant award for the purposes set forth above would further the aforementioned redevelopment goals and objectives; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby accepts funds, in an amount not to exceed $900,000, consisting of a grant award from the U.S. Department of Commerce's Economic Development Administration for the adaptive re -use of and rehabilitation of the historic Ebenezer Church, 300 NW 11 Street, Miami, Florida ("grant award"). Section 3. The Board of Commissioners ratifies the Executive Director's execution of the Financial Assistance Award Agreement attached hereto. Section 4. The Executive Director is authorized to execute all other amendments, extensions, modifications, and other necessary documents in order to implement the acceptance of and compliance with said grant award. Section 5. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 6. This Resolution shall become effective immediately upon its adoption . City of Miami Page 2 of 2 File Id: 13-01205 (Version: 1) Printed On: 12/2/2013 feCiNt SEP 2 5 2013 UNITED STATES DEPARTMENT OF COMMERCE Economic Development Administration Atlanta Regional Office Suite 1 B20 401 West Peachtree St.. N.W. Atlanta, Georgia 30308-3510 In reply refer to: Investment No. 04-79-06827 Mr. Clarence Woods Executive Director Southeast Overtown/Park West Community Redevelopment 1490 NW 3rd Avenue, Suite 105 Miami, Florida 33136 and Mr. Johnny Martinez City Manager City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 and Dr. Rolando Montoya College Provost Miami Dade College 300 NE 2nd Avenue Miami, Florida 33132 Dear Gentlemen: I am pleased to inform you that the Department of Commerce's Economic Development Administration.(EDA) has approved your application for a $900,000 EDA investment to encompass the adaptive re -use and rehabilitation of an historic former church building to accommodate the newly expanded Hospitality and Culinary Institute. Enclosed are two signed copies of the Financial Assistance Award. Your agreement to the terms and conditions of the award should be indicated by the signature of your principal official on each of the signed copies of the Financial Assistance Award. One of the executed copies should be returned to H. Philip Paradice, Jr., Regional Director, Atlanta Regional Office, Economic Development Administration, 401 West Peachtree Street, N.W, Suite 1820, Atlanta, Georgia 30308-3510. If not signed and returned within 30 days of receipt, EDA may declare the Award null and void. Please do not make any commitments in reliance on this award until you have carefully reviewed and accepted the terms and conditions. Any commitments entered into prior to obtaining the approval of EDA in accordance with its regulations and requirements will be at your own risk. EDA's mission is to -lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. EDA implements this mission by making strategic investments in the nation's most economically distressed communities that encourage private sector collaboration and creation of higher -skill, higher wage jobs. EDA investments are results driven, embracing the principles of technological innovation, entrepreneurship and regional development. Mr. Clarence Woods Mr. Johnny Martinez Dr. Rolando Montoya Page Two I share your expectations regarding the impact of this investment and look forward to working with you to meet the economic development needs of your community. H. Philip Paradice, Jr, Regional Director Enclosures: Form CD-450 Financial Assistance Award (2) Exhibit A — Special Award Conditions Attachment No. 1 — Form ED-508 Budget EDA Standard Terms and Conditions for Construction Projects, dated March 12, 2013 FG9MCD-45a U.S. DEPARTMENT OF COMMERCE IRLV.3- 31MI FINANCIAL ASSISTANCE AWARD GRANT El COOPERAT1VEAGREEMENT AWARD PERIOD 45 months after date of EDA approval RECIPIENT NAME AWARD NUMBER Southeast Overtown/Park West Community Redevelopment Agency 04-79-06827 STREET ADDRESS FEDERAL SHARE OF COST 1490 NW 3rd Avenue, Suite 105 $ 900,000.00 CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST Miami, Florida 33136 $ 1,069,437.00 RECIPIENT NAME TOTAL ESTIMATED COST City of Miami $ 1,969,437.00 STREET ADDRESS 444 S.W. 2nd Avenue CITY, STATE, ZIP CODE Miami, Florida 33130 RECIPIENT NAME Miami Dade College STREET ADDRESS300 NE 2nd Avenue CITY, STATE, ZIP CODE Miami, Florida 33132 AUTHORITY Public Works and Economic Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.) CFDA NO. AND PROJECT TITLE 11.307 Economic Adjustment! Bui ding Rehabilitation BUREAU FUND FCFY PROJECT -TASK ORGANIZATION OBJECT CLASS 20 40 13 0406827-000 04 4110 This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. if not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. ❑ Department of Commerce Financial Assistance Standard Terms and Conditions CI Special Award Conditions (see Exhibit A) E Line Item Budget (Attachment No. 1) 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher x Education, Hospitals, Other Nonprofit, and Commercial Organizations El 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments []x OMB Circular A-21, Cost Principles for Educational Institutions ❑x OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments ❑ OMB Circular A-122, Cost Principles for Nonprofit Organizations ❑x 48 CFR Part 31, Contract Cost Principles and Procedures d OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations Q Other(s): EDA Standard Terms and Conditions for Construction Projects, dated March 12, 2013 SIGNATURE OF PARTMENT OF COMMFarE GRANTS OFFICER TITLE DATE Director, Atlanta Regional 0..5 '3 H. Philp TYPED NAM D SIGNATURE OF AUTHORIZED REC1PPI TITLE . DATE o. Executive Director, Southeast OvertownlPark / Clar: nc West Community Redevelopment ! �6/ fFL/ TYPE ME� NO SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL TITLE DA Johns artinez City Manager, City of Miami 15' 13 TYPED E AND SIGNATURE OF AUTHORIZED REC TENT OFFICIAL TITLE DATE 10 tY 4013 Dr. Rolando Montoy College Provost, Miami Dade College MDMjNiS1PA1ION ELECTRONIC FOR'+ .Form Ep-508 (Rev.3/8 S t x .U.S.,DEPARTMENTOF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC WORKS PROJECT COST CLASSIFICATIONS EDA Investment No. 04-79-06827 State: Florida Cost Classification Administrative and legal expenses Land, structures, and rights -of -way appraisals, etc. Relocation expenses and payments .(Cost incidental to transfer of titles) Attachment No. 1 County! Miami -Dade Proposed Approved Architectural and engineering fees 121,817 121,817 Other architectural and engineering fees Project inspection fees and audit Site Work Demolition and removal Construction 1,602,061 1,602,061 Equipment Miscellaneous Contingencies 245,559 245,559 TOTAL PROJECT COSTS $ 1,969,437 $ 1,969,437 Remarks: EXHIBIT "A" U.S. DEPARTMENT OF COMMERCE Economic Development Administration (EDA) Public Works and Development Facilities Investment No.: 04-79-06827 Recipient: Southeast OvertownfPark West community Redevelopment Agency, City of Miami and Miami Dade College, Florida SPECIAL AWARD CONDITIONS 1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Time allowed after Receipt of Financial Assistance Award for: Return of Executed Financial Assistance Award 30 days Start of Construction 18 Months from Date of Grant Award Construction Period 24 Months Project Closeout — All Project closeout documents including final financial information and any required program reports shall be submitted to the Government not more than 90 day after the date the Recipient accepts the completed project from the contractor(s). The Recipient shall pursue diligently the development of the Project so as to ensure completion within this time schedule. Moreover, the Recipient shall notify the Government in writing of any event, which could delay substantially the achievement of the Project within the prescribed time limits. The Recipient further acknowledges that failure to meet the development time schedule may result in the Government's taking action to terminate the Award in accordance with the regulations set forth at 15 CFR 24.43 (53 Fed, Reg. 8048-9, 8102, March 11, 1988). 2. GOALS FOR WOMEN AND MINIORITIES IN CONSTRUCTION: Department of Labor regulations set forth in in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in. the construction industry. These regulations apply to all Federally assisted construction contracts in excess of $10,000. The Recipient shall comply with these regulations and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in the completion of the Project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 CFR 60-4. The goal for the participation of women: in each trade area shall be as follows: From April 1, 1981, until further notice: 6.9 percent Special Conditions EXHIBIT "A" Page 2 Investment No. 04-79-06827 All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor regulations, shall hereafter be incorporated by reference into these Special Award Conditions. Goals for Minority participation shall be as prescribed by Appendix B-80, Federal Register, Volume 45, No. 194, October 3, 1980,.or subsequent publications. The Recipient shall include the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (or cause there to be included, if appropriate) in all Federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 CFR 60-4.6. 3. REPORT ON UNLIQUIDA•IED OBLIGATIONS: All Recipients of an EDA grant award of more than $100,000 whose Award has not been fully disbursed is required to submit Form . SF-425, "Financial Status Report" to EDA semi-annually to report on the status of unreimbursed obligations. This report will provide information on the amount of allowable Project expenses that have been incurred, but not claimed for reimbursement by the Recipient. The first report shall be as of March 30 of each year and shall be submitted to EDA no later than April 30 of each year, and the second report shall be as of September 30 of each year and 'shall be submitted to EDA no later than October 30 of each year. The Recipient must submit a final financial report using Form SF-425 within 90 days of the expiration date of the Award (or from the date the Recipient accepts the Project from the contractor, whichever occurs earlier). Noncompliance with these requirements will result in the suspension of disbursements under this Award. Financial reports are to be submitted to the Project Officer, 4. PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY TOWARDS GOVERNMENT CONTRACTORS LABOR RELATOINS ON FEDERAL AND FEDERALLY FUNDED CONSTRUCTION PROJECTS: Pursuant to E.O. 13202, "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federal Funded Construction Projects," unless the Project is exempted under section 5(c) of the order, bid specifications, project agreements, or other controlling documents for construction contracts awarded by Recipients of grants or cooperative agreements, or those of any construction manager acting on their behalf, shall not: a) include any requirement or prohibition on Bidders, Offerors, Contractors, or Subcontractors about entering into or adhering to agreements with one or more labor organizations on the same or related construction Project(s); or b) otherwise discriminate against Bidders, Offerors, Contractors, or Subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction Project(s). Special Conditions EXHIBIT "A" Page 3 Investment No. 04-79-06827 5. ENGINEERING CERTIFICATE/CERTIFICATE OF TITLE: The Recipient, prior to Solicitation of bids for construction of this Project, shall furnish to the Government an acceptable Engineering Certificate showing all lands, rights -of -way and easements necessary for construction of this Project along with an. acceptable Certificate of Title on said lands, rights -of -way and easements showing good and merchantable title free of mortgages or other foreclosable liens. 6. CONSTRUCTION START; If significant construction (as determined by EDA) is not commenced within two years of approval of the project or by the date estimated forstart of construction in the grant award (or the expiration of any extension granted in writing by EDA), whichever is later, the EDA grant will be automatically suspended and may be terminated if EDA determines, alter consultation with the grant recipient, that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. 7. NONRELOCATION: In signing this award of financial assistance, Recipient(s) attests that EDA .funding is not intended by the Recipient to assist its efforts to induce the relocation of existing jobs that are located outside of its jurisdiction to within its jurisdiction in competition with other jurisdictions for those same jobs. In the event that EDA determines that its assistance was used for those purposes, EDA retains the right to pursue appropriate enforcement action in accord with the Standard Terms and Conditions of the Award, including suspension of disbursements and termination of the award for convenience or cause. 8. REFUND CHECKS, INTEREST OR UNUSED FUNDS: Treasury has given the EDA two options for having payments deposited to our account with it: The first one is Pay.Gov. This option allows the payee to pay EDA through the Internet. The payee will have the option to make a one-time payment or to set up an account to make regular payments. The second option is Paper Cheek conversion, All checks must identify on their face the name_ of the DoC agency funding the award, award number, and no more than a two -word description to identify the reason for the refund or check, A copy of the check should be provided to the Federal Project Officer. This option allows the payee to send a check to NOAA's accounting office, who processes EDA's accounting functions at the following address: U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Finance Office, AOD, EDA Grants, 20020 Century Boulevard, Germantown, MI) 20874. The accounting staff will scan the checks in encrypted file to the Federal Reserve Bank, and the funds will be deposited in FDA's account. While this process will not be an issue with most payees who are corporations, it could be an issue for individuals sending EDA funds. Please make note of the following. Notice to Customers Maldng,Payment by Check Special Conditions EXHIBIT "A" Page 4 Investment No. 04-79-06827 If you send EDA a check, it will be converted into an electronic funds transfer by copying your check and using the account information on it to electronically debit your account for the amount of the check. The debit form your account will usually occur within 24 hours and will appear on your regular account statement. You will not receive your original check back. Your original check will be destroyed, but a copy of it will be maintained in our office. If the EFT cannot be processed for technical reasons, the copy will be processed in place of the original check. If the EFT cannot be completed because of insufficient fluids, we will charge you a one-time fee of $25.00, which will be collected by EFT. 9. SCOPE OF WORK: Recipient(s) agrees to undertake, prosecute and complete the Scope of Work (SOW) for this Project funded by this Award which SOW is approved and agreed to by the Government as subsequently amended in mutually agreed upon written change order(s) and/or SOW amendment(s), if any, The SOW shall be as set forth and described in a.) the application submitted by Recipient(s) and/or Recipient's authorized representative(s) to the Government for this Award together with b.) all enclosures, materials, documents and other submittals accompanying and supporting the application, .c.) all additional materials, documents and/or correspondence requested by the Government and submitted by Recipient(s) and/or Recipient's authorized representative(s) in support and furtherance of the application and d.) such change(s) and/or SOW amendments, if any, requested in writing by the Recipient(s) and/or Recipient's authorized representative subsequent to the date of this Award and approved and agreed to in writing by the Government. To the extent such additional materials, documents and/or correspondence amends and/or clarifies the application, such amendment or clarification shall be controlling. It is agreed that the Recipient(s) and Government intend that the SOW describes a discrete, detailed and specific project that is funded and authorized by this Award and to that end the application and the above described additional information shall be fairly construed to and shall describe the SOW. The scope of work for this project is further described below: This investment will rehabilitate a 7,780 square foot former church. The exterior work will involve the restoration of windows and doors. All non -original exterior window and door openings will be closed and modified original openings will be restored to the original size with new, impact windows and doors. The roof will be repaired and re -shingled. A new accessible ramp will replace the old exterior ramp. Other exterior modifications will be completed. A steel structure will be added to the balcony to create a 1,110 square foot office mezzanine. A glass wall will enclose the offices and preserve the continuity of the sloped ceiling while affording views of the banquet hall below. Special Conditions EXHIBIT "A" Page 5 Investment No, 04-79-06827 10. LIMITED LIABILITY FOR MIAMI DADE COLLEGE: This Award is made to the following multiple Recipients: a.) The City of Miami, Florida (City), b.)The Southeast OvertownlPark West Community Redevelopment Agency (Agency), and 'c.) Miami Dade College, (College). The College has requested and the Government has agreed to limit the College's responsibility and liability under this Award as provided in this Special Award Condition. It is agreed by the Government and the Recipients that all responsibility and liability for the funds disbursed from this Award or provided by Recipients and all construction activities (including, but not limited to, the property acquisition, design, plans management, completion, disposal, use, title, engineering, architecture, insurance, environmental impact, historic preservation and maintenance) undertaken and paid, in part, from funds from this Award shall be borne by the Agency and the City. The College shall have no responsibility or liability for the funds disbursed from this Award or provided by Recipients and no responsibility or liability for construction activities undertaken and paid, in part, from funds from this Award. The College shall be responsible for the performance of instruction and programs at the College's Hospitality and Culinary Institute on the site improved with funds from this Award. as provided in the application for this Award. 11. ARCHITECT/ENGINEER AGREEMENT: Prior to the disbursement of funds by EDA, the Recipient shall submit to the Government for approval an Architect/Engineer agreement that meets the requirements of Section IV E of the "Summary of EDA. Construction Standards, October 2007 as amended on November 28, 2007" as well as the competitive procurement standards of 15 CFR Part 24 or 15 CFR Part 14, as applicable. The fee for basic Architect/Engineer services shall be a lump sum or an agreed maximum and no part of the fees for other services shall be based upon a cost -plus -a -percentage -of cost or a cost using a multiplier. 12. ENVIRONMENTAL: Prior to advertisement for construction bids, Recipient shall provide evidence satisfactory to the Government that the asbestos containing materials (ACMs) and lead -based paint noted in the October 4, 2010 report by Dynatech Engineering Corp and the November 4, 2010 by AirQuest Environmental, respectively, will be safely encapsulated and/or evidence satisfactory to the Government that the ACMs and lead -based paint have been removed and disposed in accordance with applicable State regulations. 13. ENVIRONMENTAL: Prior to construction or alteration, Recipient shall provide evidence satisfactory to the Government that the architectural plan and specification have been submitted to the Florida Division of Historical Resources, State Historic Preservation Officer (SHPO) as requested in their letter of February 22, 2013. Additionally, prior to construction or alteration, Recipient shall provide written concurrence from the Florida S}IPO that final design is consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Recipient agrees to comply with any and all conditions of SHPO's final concurrence. If the Recipient does not or cannot provide SHPO concurrence, Recipient agrees, at the discretion of the Government, to terminate this Award for convenience. Special Conditions EXHIBIT "A" Page 6 Investment No. 04-79-06827 14. USEFUL LIFE: The useful life of this project for purposes of the First Priority Unsubordinated Lien required by paragraph L.3 of the Standard Terms and Conditions, is hereby determined to be 20 years. 15. LEAD RECIPIENT DESIGNATION AND OBLIGATIONS: This Award is made to multiple Recipients as identified in the Financial Assistance Award Form CD-450 to which these Special Award Conditions are attached. The Government requested that one of the Recipients be designated as the lead recipient to facilitate the administration of this Award. The Recipient named first in the Recipient name block on the CD-450 to which this Exhibit A is attached has agreed in writing to be designated as lead recipient. The co recipients acknowledge, agree with and consent to this designation. The Recipients agree that all funds available pursuant to this Award shall be solely disbursed by the Government to the Lead Recipient. The Lead Recipient agrees to be responsible for the fiarther disbursement of all such funds received from the Government pursuant to this Award strictly in accordance with the Budget attached to this Award. Such disbursement by the Lead Recipient shall be made in accordance with all applicable requirements of the Government as identified and set forth on the Financial Assistance Award Form CD-450 to which these Special Award Conditions are attached. The Lead Recipient further agrees to be responsible for accumulating all necessary information for and the submission of all reports required to be submitted to the Government pursuant to this Award. UNITED STATES DEPARTMENT OF COMMERCE Economic Development Administration Atlanta Regional Office Suite 1820 401 West Peachtree St., N.W. Atlanta, Georgia 30308-3510 August 22, 2017 Mr. Clarence Woods, III Executive Director Southeast Overtown/Park West Community Redevelopment Agency 1490 N.W. 3rd Avenue Suite 105 Miami, Florida 33136 and Mr. Johnny Martinez City Manager City of Miami 444 S.W. 2nd Avenue Miami, FL 33130 and Dr. Lenore Rodicio Executive Vice President and Provost Miami Dade College 300 N.E. 2nd Avenue Miami, FL 33132 RE: EDA Award No. 04-79-06827 (hereinafter the "Award") Southeast Overtown/Park West Community Redevelopment Agency (hereinafter "CRA"), City of Miami, Florida (hereinafter the "City") and Miami Dade College (hereinafter the "College"). Rehabilitation of Historic Church Building/Hospitality and Culinary Center Dear Mr. Woods, Mr. Martinez and Dr. Rodicio: The United States Department of Commerce, Economic Development Administration (EDA) granted the subject Financial Assistance Award dated September 25, 2013 in the amount of $900,000.00 to the Southeast Overtown/Park West Community Redevelopment Agency, the City of Miami and Miami Dade College. These three (3) bodies were all designated as co - recipients on the Award. The Award was to assist in the adaptive re -use and rehabilitation of an historic church building to accommodate the newly expanded City of Miami Hospitality and Culinary Institute. In March of this year, the College corresponded with the CRA by letter dated March 9, 2017 (copied to EDA) stating that the CRA had decided to have the Hospitality Employees Advancement and Training, Inc.(HEAT) utilize the improved site and not have the College provide job training and employment as originally contemplated in the Award. Then at EDA's Messrs. Wood and Martinez and Dr. Rodicio August 22, 2017 Page 2 of 3 request the CRA by letter dated June 28, 2017 offered a six -point 'Proposed Work Out Plan" to address and revolve the open issue of the party to operate the program contemplated in the Award. Subject to the co -recipients completing and executing the requirements of this correspondence, EDA, in its discretion, will move forward to remove the College as a co -recipient of the Award as set forth in the four (4) items set out immediately below. 1.) Each co -recipient must a.) submit a written request to EDA, to my attention, requesting the removal the College as a co -recipient on the Award and b.) agreeing to execute EDA's prescribed Amendment to Financial Assistance Award (form ED-451) to remove the College as an Award recipient. It is critical to note that all three co -recipients must submit this written request to EDA. EDA cannot and will not move forward regarding this matter and remove a recipient to a signed. current performing Award without all three co - recipients concurring to removing the College from the Award. 2.) All three co -recipients must provide written confirmation from their respective governing bodies authorizing the amendment of the Award as noted above. This will require written authorization from the CRA's board of directors, the City's board of commission and the trustees of the College. 3.) On or before September 30, 2017. EDA must receive a final draft of the revocable license agreement between the CRA and HEAT to provide the day-to-day operation and training of the project site as provided in the application to EDA and in the EDA Award. EDA's review and written consent in this regard is required and the review and comments are at EDA's discretion. EDA notes that the agreement must provide for not less than the same scope of work represented to EDA in the co -recipient's application for the Award. 4.) The CRA and HEAT must enter into and execute the revocable license agreement reviewed and consented to by EDA and provide EDA with a copy of the signed agreement. EDA by proving this correspondence and expressing EDA's willingness to consent to removing the College as a co -recipient from the Award. EDA expresses no opinion and makes no evaluation of or representation about the College's operation of the project as initially contemplated. EDA's goal in amending the Award as provided above is the prompt opening and successful operation of the project site in accordance with the Award. For this reason. the timely response to and performance of all of the above actions by each of the co -recipient's is required on or before October 30, 2017. 2017 (Deadline Date). The satisfactory completion of the requirements of the correspondence on or before the Deadline Date is critical to commencing the operation of the project site. While the building renovations have been completed, the commencement of operations at the project site by the College as relied upon by EDA and as represented and agreed to by all three of the co -recipients can result in a determination of "Noncompliance With Award Terms" as set out in Section C.7. of the Award which may result in the imposition of any one or more of the remedies set out in this Section. Messrs. Wood and Martinez and Dr. Rodicio August 22, 2017 Page 3 of 3 If you have any questions in this regard, please contact me at 404-730-3019 or at hparadice@eda.gov or EDA's Atlanta Regional Counsel, David Todd at 404-730-3006 or dtodd@eda.gov. Sincerely. H. hilip Paradice, k Atlanta Regional Director