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GRANT ACCEPTANCE AGREEMENT
BETWEEN
THE CITY OF MIAMI
AND
MIAMI PARKING AUTHORITY (MPA)
This Grant Acceptance Agreement (the "Agreement"), made and entered into as
of the day of , 2020 (the "Effective Date"), by and between the
City of Miami, a municipal corporation of the State of Florida, located at 444 S.W. 2nd
Avenue, I 01 Floor, Miami, Florida 33130 ("City"), and The Miami Parking Authority,
whose principal address is 40 NW 3rd St, Suite 1103, Miami, FL 33128 ("MPA").
RECITALS
WHEREAS, the City of Miami is planning to construct on -street parking spaces along
the perimeter of the Bay of Pigs Memorial Park located at 5665 SW 3rd Street. The
scope of work consists of, but is not limited to pavement grading, milling, resurfacing
and markings, curb and gutter installation, ADA ramp installations, swale modifications,
and signage; and
WHEREAS, grant funds from Miami Parking Authority, ("MPA") in the amount
not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) ("Grant Funds") will
serve as a funding source for the management, design, and construction of the work
described herein ("Project"); and
WHEREAS, the grant funds from MPA shall be used solely for costs associated
with the Project; and
WHEREAS, the MPA on May 1, 2019, authorized its Executive Director, to
execute this Agreement and to provide to the City the Grant Funds for the Project, said
authorization is attached and incorporated herein as "Exhibit 1"; and
WHEREAS, pursuant to the Mid -Year Capital Appropriation Resolution No, R-
19-0194 adopted on May, 9, 2019, the funds were appropriated to the Project; and, said
Resolution is attached and incorporated herein as "Exhibit 2"; and
WHEREAS, the City Manager, pursuant to Resolution No, R-- adopted
on 2020, authorized the City Manager, to execute this Agreement for the Project,
said Resolution is attached and incorporated herein as "Exhibit 3"; and
WHEREAS, the parties intend that if at any time the Grant Funds are
misappropriated or if fraud occurs, then the Grant Funds donated to complete the Project
will be returned in full to the MPA.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and conditions herein set forth, the parties hereto agree as follows:
1. GRANT AND TERM - MPA hereby agrees to make Grant Funds available to the
City, in an amount not to exceed Two Hundred Fifty Thousand Dollars ("$250,000").
2. REPORTS - The City agrees to provide to the MPA, reports or updates relating to
the use of the Grant Funds.
3. AUDIT RIGHTS - MPA shall have the right to conduct audits of the City's records
pertaining to the Grant Funds and to visit the Project, in order to conduct its
monitoring and evaluation activities. The City agrees to cooperate with MPA in the
performance of these activities. Such audits shall take place at a mutually agreeable
date and time.
4. NOTICES - All notices pursuant to this Agreement shall be in writing and sent by
certified mail or delivered by personal service to the addresses for each party as
indicated below, or as the same may be changed from time to time.
To City: Arthur Noriega V, City Manager
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
With copies to:
Steven C. Williamson, Director
and
Kelvin Kercado, Program Manager
Office of Capital Improvements
City of Miami
444 SW 2nd Avenue, 8d' Floor
Miami, FL 33130
Email: kkercadoamiami�zov.com
And: Victoria Mendez, City Attorney
City of Miami
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130
To MPA: Chief Executive Officer
Miami Parking Authority
40 NW 3rd Street, Suite 1103
Miami, FL 33128
5. SEVERABILITY -If a court of competent jurisdiction holds any provision of this
Agreement invalid or unenforceable in whole or in part for any reason, the validity
and enforceability of the remaining clauses shall not be affected.
6. ENTIRE AGREEMENT - This Agreement and its Exhibits and attachments
constitute the sole and only agreement of the parties hereto relating to the Grant, and
correctly sets forth the rights, duties, and obligations of the parties. The parties agree
that any oral representations or modifications not set forth in this Agreement are of
no force or effect.
7. MODIFICATION - This Agreement shall only be modified by written agreement
signed by the authorized representatives of all parties.
8. GOVERNING LAW, VENUE - This Agreement shall be interpreted and construed
in accordance with and governed by the laws of the State of Florida. The parties, in
their performance of this Agreement will comply with applicable federal, state,
county and City laws. Any action or proceeding in respect of any claim arising out of
or related to this Agreement, whether in tort or contract or at law or in equity, shall
be filed in the State or Federal Court of Miami -Dade County, Florida. The parties
agree that each party shall be responsible for its own attorneys' fees, court costs and
any other related fees and costs.
9. PUBLIC RECORDS - The parties acknowledge that the public shall have access, at
all reasonable times, to this Agreement and any related documents subject to the
provisions of Chapter 119, Florida Statutes, and the Parties agree to allow access by
each other and by the public to all documents subject to disclosure under applicable
law.
10. INDEMNIFICATION - Pursuant to Section 768.28, Florida Statutes, and to the
extent permitted by Florida law, without waiving their respective rights of sovereign
immunity, each Party shall indemnify and hold the other Parties harmless, and their
respective officers, employees, agents, and instrumentalities from any and all
liabilities, losses or damages, which the other Parties or their respective officers,
employees, agents, or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to
or resulting from the negligent or intentional acts or omissions of each Party or their
respective officers, employees, agents, or instrumentalities or arising out of, relating
to or resulting from the performance of this Agreement. Each Party, as applicable,
shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of any of the
other Parties, as and where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorneys' fees which may ensue thereon. No Party to this
Agreement shall seek or obtain attorney's fees or costs for the defense of claims
arising out of, relating to or resulting from the negligent or intentional acts or
omissions of any of the other Parties, or their respective officers, employees, agents,
or instrumentalities arising out of, relating to or resulting from the performance of
the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officials thereunto duly authorized this the day and year
above written.
ATTEST:
LN
(SEAL)
Todd Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
By:
Victoria Mendez, City Attorney
ATTEST:
Corporate Secretary
(Affix Corporate Seal)
CITY OF MIAMI, FLORIDA, a
Municipal Corporation of the State of
Florida
Arthur Noriega V, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management Department
MIAMI PARKING AUTHORITY,
By:
(Signature)
Exhibit 1— MPA Authorization; including Study Assessment
Exhibit 2 — Resolution No, R-19-0194 adopted on May 9, 2019
Exhibit I— MPA Authorization
Grants Management\5-1-19 Bay of Pigs Memo Minutes from..MPA.pd
Exhibit 2 Resolution No, R-19-0194 adopted on May 9, 2019
Exhibit 3 Resolution No., R-- adopted on , 2020