2003-12 CDBG GrantWHEREAS, THE CITY OF OKEECHOBEE recognizes the need to establish local policy
guidelines for the Community Development Block Grant (CDBG) Commercial
Rehabilitation Program;
WHEREAS, the CITY has developed the "City of Okeechobee Commercial
Rehabilitation Guidelines" that conforms with the application requirements for the
CDBG Commercial Revitalization Program which are adopted as part of Fla.
Administrative Code Rule 9B -43 that governs the CDBG program;
WHEREAS, it is the intent of the CITY, to the greatest extent feasible, to upgrade the
appearance and physical quality of the Community Redevelopment Area of the
City through the use of the CDBG program funds;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF
OKEECHOBEE, FLORIDA, presented at a duly advertised public meeting; and
passed by majority vote of the City Council; and properly executed by the Mayor
or designee, as Chief Presiding Officer for the City: hereby adopts the "City of
Okeechobee Commercial Rehabilitation Guidelines" for the Community
Development Block Grant Program;
RESOLVED, FURTHER, that the CITY ADMINISTRATOR and /or his designee to
coordinate the implementation of said Guidelines;
RESOLVED, FURTHER, that all resolutions or parts of resolutions in conflict with this
Resolution are hereby repealed to the extent of such conflict; and
RESOLVED, FURTHER, that this Resolution shall become effective immediately upon
adoption.
INTRODUCED AND ADOPTED this 21s day of October, 2003.
ATTEST:
A RESOLUTION ADOPTING THE CITY OF OKEECHOBEE
COMMERCIAL REHABILITATION GUIDELINES FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
Lane Gamiotee, City Clerk
REVIEW FOR LEG L SUFFICIENCY:
John R. Coo City Attorney
RESOLUTION NO. 03 -12
James E. Kirk, Mayor
A. INTRODUCTION
CITY OF OKEECHOBEE
COMMERCIAL REHABILITATION POLICY GUIDELINES
The City of Okeechobee Commercial Revitalization program was developed to upgrade
the appearance and physical quality of the downtown commercial area and create an
atmosphere conducive to pedestrian oriented commercial activities. The program was
developed to provide assistance to owner and/or tenant occupied businesses in the City of
Okeechobee Community Redevelopment Area (CRA) which provides services to all
residents of the service area as approved in the Florida Department of Community Affairs
Community Development Block Grant (CDBG) application(s). In a mixed -use situation
of commercial/retail structures that have residential housing above, any reference to lead
paint requirements in this policy will apply. Otherwise, lead -paint requirements do not
apply to commercial/retail structures.
B. PROGRAM OBJECTIVES
The Program is designed to achieve specific objectives that are:
1. To stimulate re- investment in the Downtown.
2. To preserve and renew the traditional and historic retail businesses which encourage
shopping and serve all the residents of the service area.
3. To eliminate and prevent the spread of blight.
4. To maintain a quality image consistent with the historic character in the
redevelopment area.
5. To generate pride and confidence in the City of Okeechobee by improving the
visual quality of the store fronts.
6. To establish a center for retail activity which provides safe, attractive, convenient
pedestrian oriented commercial activities.
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C. PROGRAM FUNDING
The project is funded through the Florida Department of Community Affairs CDBG Small Cities
Program and has been designed to provide rehabilitation assistance for owner/businesses noted in
the appropriate CDBG application(s). Other owners/business tenants may participate if they are
in the CRA designated area and funding is available.
Any owner/business who receives CDBG rehabilitation assistance shall be required to maintain
records of expenditures that accurately and readily reflect compliance for five (5) years.
D. INCENTIVES
The program has been structured to provide incentives in the form of grants for up to 100% of
renovation construction costs and associates fees. The maximum grant amount shall not exceed
$15,000 per owner/business including fee for lead -paint inspections, building inspections and
design work fees, is applicable. Of the total amount expended, one hundred per cent (100
must be used for facade improvements, associated fees, handicap accessibility for entrances and
bathrooms that serve the general public (i.e., restaurants, beauty salons, etc.) and, if funds are
available, correction of code violations.
E. ELIGIBILITY
Commercial property owners and business tenants owning or leasing (long term 6 months or
longer) real property located within the CRA which have been designated in the application will
be given first preference for participation. Other owners/businesses may participate if they are in
the CRA designated area and funds are available. The businesses served with CDBG funds shall
be a legally constituted business with proper business, sales tax, and occupational licenses in
force.
Buildings addressed under the CDBG commercial revitalization program shall not be eligible for
future assistance under the program for a minimum of five (5) years.
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F. DESIGN ASSISTANCE
The City will use the City Engineer and/or hire an architect, if required, for facade design work.
The City will pay for all facade design work on each building if claimed for points in the CDBG
application. Otherwise, design fees may be charged to each participant of the program. All
designs must be approved by the City Commission as well as the State Historic Preservation
Officer (SHPO), if applicable.
Assistance will first be limited to Owners /Businesses identified in the application which are
occupied at the time assistance is provided or have a bona fide lease agreement (6 months or
more) to be occupied by a legally constituted business with all applicable licenses in force.
Other owners/businesses located within the CRA area may be served if funds are available.
All contracts for rehabilitation will comply with the Davis -Bacon Act. Also, all buildings
addressed with CDBG funds shall comply with the provisions of Section 504 of the
Rehabilitative Act of 1973 (29 U.S.C. Section 794) as it relates to employment discrimination
and facility accessibility.
All buildings receiving rehabilitation assistance shall be in compliance with all local and state
building codes and standards. If funds are available, code violations may be addressed with
CDBG funds.
1. Eligible Costs
A. Alterations to existing buildings including painting, attached signage and awning
design, color scheme, and any other related facade renovation expense.
B. The addition of handicapped accessible entrances and bathrooms that serve the
general public (i.e., restaurants, beauty salons, etc.).
C. If funds are available, correction of code violations
D. All fees charged for lead -paint inspections, building inspections and design work, if
applicable.
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2. Design Requirements
A. Designs must be of high quality and must include a sealed set of plans and
specifications if applicable.
B. All designs must be in compliance with the City zoning requirements and the
SHPO, if applicable.
C. Strikingly different treatments from one store front to the next shall be avoided.
D. All designs must be reviewed and approved by the City Commission and the State
Historic Preservation Officer (SHPO), if applicable, prior to construction in order to
be eligible.
E. Colors shall be coordinated so as not to create unsightly situations.
F. Where feasible, designs should consider the removal of material and architectural
barriers which restrict mobility and accessibility of elderly or handicapped persons.
G. RENOVATION CONSTRUCTION ASSISTANCE
The City will assist the commercial property owners or business tenants designated in the
application for a portion of the costs not to exceed $15,000.00 of labor, materials, equipment,
fees and services associated with facade improvements, handicap accessibility, and correction of
code violations to commercial property located in the CRA area.
The City's Engineer will prepare a set of plans and specifications and the job will be
competitively bid out.
1. Eligible Renovation Costs
A. Store facade renovation construction costs include but are not limited to:
Removal of false facades
Facade cleaning
Stucco restoration
Painting
Replacement of windows or doors
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Attached Signage
Awnings
Glazing
Electrical (directly related to exterior or display window lights,
security lighting or the illumination of attached signage or
awnings)
Code violations
Removal or relocation of air conditioning units, awnings or
signage
B. Handicapped Accessibility
Store entrances
Widening exterior doorways
Bathrooms for owners/businesses that serve the general public
(i.e., restaurants, beauty salons, etc.)
C. The costs of any necessary lead -paint inspection fees, building inspections and design
work if applicable.
2. Renovation Assistance Conditions
A. Renovation construction costs are limited to exterior renovations and
building entrance handicapped accessibility
B. Workmanship must be of a professional quality.
C. Renovation construction must comply with the City zoning requirements and the
design must be approved by the City Commission and the SHPO, if applicable.
H. PROHIBITION AGAINST OWNER TENANT REHABILITATION
No building owner, lessor, lessee, tenant, or occupant or employee or immediate relative of the
same, either personally or corporately, shall serve as a contractor or sub contractor to be paid
with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own
labor with CDBG funds for the rehabilitation of said building.
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J. FEDERAL LABOR STANDARDS
All laborers under the program must be paid at wages not less than those contained in the wage
determination of the Secretary of Labor for each clarification of work (Davis -Bacon Act)
All contracts for eligible work to be performed shall use a City of Okeechobee approved contract
form that includes all HUD and DCA required language for Labor Standards, Section 3
requirements, Section 504 Handicapped Requirements and all other applicable language.
K. HISTORIC PRESERVATION
Any building that is 50 years or older shall comply with the historic preservation requirements of
24 C.F.R. 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings.
L. CONFLICT OF INTEREST
The City shall notify the Florida Department of Community Affairs (DCA) of any potential
conflicts of interest that may exist relating to owners/business applicants. The conflict of interest
will be brought to the attention of the City Commission at a regularly scheduled meeting. The
City Commission shall request from DCA a waiver for any such conflicts when appropriate
pursuant to 24 C.F.R. 570.489 and Section 112.311 112.3143, F.S.
No member of the City Commission nor any City official, member of the C.A.T.F., employee or
agent of the City government, or relatives of any of these as defined by HUD and Florida
Statutes, shall be eligible for program participation unless they are granted a waiver by DCA.
This prohibition shall continue for one (1) year after an individual's relationship with the City
government ends.
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For a person with a potential conflict of interest to be eligible to participate in the program, the
following steps must be taken:
1. The person must declare in writing that a conflict of interest may exist.
2. The governing body must decide whether to proceed requesting a waiver on the
potential participant dispute the conflict of interest.
3. If the person who the conflict on interest exists with is a voting member of the
governing body, that person must declare a conflict of interest and not vote on the
potential participant.
4. The City Attorney shall prepare a written document stating in his/her opinion that
proceeding with the potential owner/business rehabilitation project would not
violate any state or local law.
5. A written request for waiver is sent by the City to DCA for review and comment.
6. If a waiver is obtained, the potential rehabilitation project would be placed with
other potential participants as outlined herein.
M. CONTRACTING REQUIREMENTS
1. Solicitation of Potential Contractors
The City wishes to encourage local general contractors and building contractors to
participate in the Commercial Rehabilitation Assistance Program. The City shall
advertise each bid opportunity in the local newspaper and a newspaper of general
circulation. The construction work on a business will be completed by a state
registered or certified general contractor and building contractor, and who is
licensed by the Florida Department of Business and Professional Regulation. Any
building that is determined to have lead paint, the contractor and his staff must be
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trained in lead -paint safe practices and lead paint abatement procedures in order to
bid on the project.
2. Contract Between the City, the Contractor and the Owner /Business
The contract for rehabilitation work shall be between the City, acting as agent for
the Owner/Business, the Contractor and the Owner /Business.
3. Contracting
Construction work for rehabilitation financed through a Commercial
Rehabilitation Grant shall be undertaken only through a written contract between
the City, the Contractor and the Owner /Business. The City shall arrange for and
obtain an acceptable construction contract.
The construction contract will consist of a single document signed by the City, the
Contractor and the Owner /Business. The contract shall contain a bid proposal by
the contractor and the general conditions, as well as the specifications for the
work to be performed.
The City will advertise for bids at least twelve (12) days prior to the bid opening
in a local paper and a paper of general circulation.
Contracting shall be done on a competitive bid basis. The City will prepare the
bid package, advertise and review all bids to determine if the bid is responsible
and responsive. The bids will then be tabulated. The CATF will review and
make a recommendation to the City Commission for approval. The City
Commission shall award the construction contract to the lowest responsible and
responsive bidder. Should the bid be higher than the acceptable range, the project
may be re -bid.
4. Change Orders
All change orders to the bid specifications contained within an approved
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construction contract shall require the approval and signature of the City
Administrator and/or designee, the Contractor and the Owner/Business.
5. Paint
The Owner/Business shall select the color of paint to be used. Once selected by
the Owner/Business, the paint color shall not be changed by the City, the
Contractor or the Owner/Business. The use of lead based paint shall be prohibited
in rehabilitation project funded with Community Development Block Grant.
If addressing a pre -1978 structure with Community Development Block Grant
funds, the City shall procure the services of a Lead Paint Inspection firm to
conduct the required Lead Paint tests (i.e., initial inspection, the Risk Assessment,
and the clearance test.) The Business /Owner shall be notified of the hazards of
lead -based paint poisoning
A) Advised that the property may contain lead -based paint;
B) Advised of the hazards of lead -based paint;
C) Advised of the symptoms and treatment of lead poisoning;
D) Advised of the precautions to be taken to avoid lead -based paint poisoning
(including maintenance and removal techniques for eliminating such
hazards);
E) Advised of the need for and availability of blood lead level screening for
children under seven (7) years of age; and
F) Advised that if lead -based paint is found on the property, appropriate
removal and/or abatement procedures will be undertaken in accordance
with Florida Department of Community Affairs Technical Memo: HCD:
CDBG- 93 -12, dated November 30, 1993. If the contract cost is below
$25,000, interim controls will be adhered to. If the contract cost is above
$25,001 abatement procedures will be adhered to.
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6. Initiation of Construction
When the contract has been successfully awarded, the contractor receives a Notice
to Proceed (further information is contained in the construction contract and
construction specifications) and the Notice of Commencement is filed.
The owner/business is then rehabilitated in accordance with the rehabilitation
standard specifications, the standard building code, and the work write -up. At
each draw request, a partial waiver, final waiver, or release of liens may be
required prior to payment.
7. Inspection and Acceptance of Work
Responsibility for Making Inspections The City and/or its agent(s) shall make
regular inspections, as necessary, to assure that the rehabilitation work is being
completed in accordance with the construction contract. The City shall assist the
Owner/Business in reviewing the Contractor's work. Partial Payment Requests
will be processed for at least fifty percent (50 of work completed and shall be
signed by the City, the Contractor and the Owner /Business. The City shall
maintain a ten percent (10 retainage on all contracts.
Final Inspection Upon completion of the rehabilitation work and receipt of the
Contractor's invoice containing his/her certification of satisfactory completion of
all the work in accordance with the contract, and his/her warranty, the City shall
arrange for inspection of the completed work to determine whether the work has
been done in accordance with the construction contract.
Upon completion of the project, the local building inspector will issue a
Certificate of Occupancy /Completion of project.
The contractor is required to submit a request for fmal payment including a
waiver or release of liens from the prime contractor, all material suppliers,
subcontractors, persons, or organizations that may have supplied the job or have
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Attest:
CIT CLERK''
an investment in the job as a result of the work performed.
Making Final Payment When the City determines that the rehabilitation work is
satisfactorily completed in accordance with the construction contract and the
Owner/Business and Contractor have signed an Acceptance of Work and
Warranty form, the City shall obtain from the Contractor a release of liens,
including releases from all subcontractors and suppliers, and a copy of each
warranty due to the Owner /Business for the work.
Upon satisfactory completion of the work, the City, as agent for the
owner/business will pay the Contractor the remaining forty percent (40 of the
contract price and will issue a written acceptance of work, and the Contractor
shall immediately file the same with the Clerk of the Circuit Court. After the
expiration of forty -five (45) days from the registry of the notice of acceptance, the
contract shall be completed and the Contractor shall be discharged and the
Contractor paid the ten percent (10 retainage.
DULY ADOPTED in regular session this 21s day of October, 2003.
One Year Warranty of Work by Contractor All rehabilitation work performed
by the Contractor shall be covered by a one (1) year warranty. Such warranty
shall confer upon the Owner/business, for a period of one (1) year, the right to
require the Contractor to correct significant defects and inadequacies in the work
performed under the construction contract.
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R AND /OR V CE -MAYOR