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HomeMy WebLinkAboutOMNI-CRA-R-00-0041RESOLUTION NO. OMNIICRA R-00-41 A RESOLUTION AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY ("CRA') TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF MIAMI (THE "CITY"), WITH RESPECT TO MARGARET PACE PARK, IN THE FORM OF EXHIBIT "A' ATTACHED HERTO AND MADE A PART HEREOF (THE "INTERLOCAL AGREEMENT"). WHEREAS, the City of Miami approved and adopted the Omni Area Redevelopment Plan pursuant to Resolution Nos. 86-868 and 86-607 (the "Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the Omni Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA desires to enter into the Interlocal Agreement with the City with respect to Margaret Pace Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The CRA is hereby authorized to enter into the Interlocal Agreement with the City in the form of Exhibit A with respect to Margaret Pace Park. Section 3. This resolution shall be effective upon its adoption. PASSED AND ADOPTED on day of July, 2000. Arthur E. Teele, Jr., Chairman ATTEST, , � 1 _ C: w 4 a. APPROVED AS TO FORM AND CORRECTNESS: Holland & Knight LLP CRA Legal Counsel MIAl #954347 vl AGREEMENT REGARDING THE DEVELOPMENT OF MARGARET PACE PARK THIS AGREEMENT is made as of this day of by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, (the "CITY") and the OMNI REDEVELOPMENT AGENCY, a body corporate and political of the State of Florida ("CRA" ). RECITALS A. CRA was created pursuant to the adoption of Ordinances 86-868 and 86-607 to prevent and eliminate slums and blight and promote affordable housing for residents of low and moderate income, including the elderly within the redevelopment area. B. The CITY is the owner of Margaret Pace Park (the "Park") which is located within the redevelopment area and under the jurisdiction of the Park and Recreation Department of the City (the "Department"). C. The CRA and the CITY desire to redevelop the Park (the "Project") pursuant to the plans and specifications approved by the CRA and the CITY. D. The CRA and the CITY have agreed that the budget for the Project is $1,900,000.00. E. The CRA has agreed to commit $1,460,000 toward the Project, consisting of $1,129,075 from the Omni Tax Increment District funds and $341,342 from general funds of the CRA. 4�R.I�T1r'cRA ` F. The CITY has agreed to commit $161,995.00 derived from the Florida Inland Navigation District Grant (the "FIND GRANT") to the Project. G. The CITY has also agreed to commit $123,850 derived from the Safe Neighborhood Park Bond Funds 1997 and to commit $136,570.00 derived from the Safe Neighborhood Park Bond Funds 1998 (collectively the "SAFE NEIGHBORHOOD GRANT") to the Project. H. The CRA has agreed to take- responsibility for overseeing the Project and the CITY has agreed to permit the CRA to oversee the Project pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: TERMS 1. RECITALS. The Recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. 2. DESIGN FOR PARK. CRA has retained the services of Bermello Ajamil & Associates (the "Architect") to prepare plans and specifications for the re- design of the Park which are more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Plans"). The Department has reviewed and approved the Plans. The CRA shall submit any material revisions to the Plans to the Department for approval, which approval shall not be unreasonably withheld. 3. CONTRACTOR SELECTIONBID PROCEDURES. The CRA shall utilize the contractor selection/bidding procedures currently utilized by the omtm icRA, 0 0 - 41 I Department for the selection' of the general contractor for the Project (the "Contractor"). The CRA shall be responsible for the preparation of all documents required with respect to the selection of the Contractor for the Project '('Bid Documents"). The CRA shall be submit Bid Documents to the Department for its review and approval which approval shall not be unreasonably withheld or delayed. The Bid Documents shall conform with the Bid Documents customarily utilized by the Department for similar projects. The CRA shall select the Contractor based upon the responses to the Bid Documents which have been approved by the Department. 4. CONSTRUCTION CONTRACT. The CITY shall be responsible for the preparation of the construction contract for the Project (the "Construction Contract"). The Construction Contract shall conform with the form of contract customarily utilized by the Department for similar projects. The CRA shall submit the Construction Contract to the Department for its review and approval, which approval will not be unreasonably withheld or delayed. The CRA will incorporate into the Construction Contract all reasonable comments of the Department with respect to the Construction Contract. The CRA will enter into the Construction Contract with the selected Contractor. 5. CONSTRUCTION MEETINGS. The CRA shall provide the Department with reasonable notice of all construction meetings with respect to the Project and opportunity to attend all such meetings. The Department shall be ommicRA O' - 41 3 provided with copies of all meeting minutes prepared by the Contractor with respect to such meetings. 6. PAYMENT PROCEDURES. The CRA shall utilize the CITY's payment procedures for similar projects with respect to requisitions for payment submitted by the Contractor. All such requisitions shall be reviewed and approved by the CRA, the Architect and the Contractor before being submitted to the Department for their review and approval which has not been recently withheld or delayed. 7. ADVANCES OF FIND GRANT. The CRA and the CITY acknowledge and agree that $161,995.00 of FIND GRANT funds will be available for the Project in accordance with the FIND GRANT budget attached hereto as Exhibit "B" and made a part hereof ("FIND GRANT BUDGET"). The FIND GRANT BUDGET sets forth the scope of work which will be subject to payment utilizing the Find Grant Fund. The CRA acknowledges and agrees that it will comply with all rules, regulations, guidelines and requirements with respect to the Find Grant as same may be amended, copies of which are attached hereto as Exhibit "C" (the "FIND GRANT PROCEDURES"). The CRA acknowledges and agrees that it is required to comply with all the FIND GRANT PROCEDURES in order to have the FIND GRANT available for use in connection with the Project. Pursuant to the terms of the FIND GRANT PROCEDURES, funds will be advanced to the CRA as the scope of work included within the FIND GRANT BUDGET is completed and certified by the CRA, the Architect and the Contractor. omwm 41 4 8. FIND GRANT SIGNAGE. The CRA acknowledges and agrees that under the FIND GRANT PROCEDURES, temporary sign is required during construction to evidence that FIND GRANT is being utilized for the Project. In addition, the CRA acknowledges that a permanent sign evidencing use of FIND GRANT is required to be constructed by the CRA in accordance with the FIND GRANT PROCEDURES. 9. SAFE NEIGHBORHOOD GRANT. The CRA acknowledges and agrees that the SAFE NEIGHBORHOOD GRANT is available for use in connection with the Project in accordance with the Safe Neighborhoods Grant Budget attached hereto as Exhibit "D" (the "SAFE NEIGHBORHOOD BUDGET"). The CRA covenant and agrees to comply with rules, regulations and guidelines for use of Safe Neighborhood Bond Fund 1997 and use of Safe Neighborhood Bond Fund 1998 with respect to the Project, copies of which are attached hereto as Exhibit "E" (the "SAFE NEIGHBORHOOD GUIDELINES"). At such time as portions of the scope of work included in the SAFE NEIGHBORHOOD BUDGET as completed, the CRA will submit a payment requisition signed and approved by the Contractor, the Architect and the CRA to the Department for payment. Upon approval of the requisition by the Department, the CITY shall advance the funds to the CRA and thereafter seek reimbursement from the County. The CRA acknowledges that the County has the independent right to inspect those portions of the Project paid for utilizing the SAFE NEIGHBORHOOD GRANT and in the event that any portion of such work is (?MNI/CRA 0 0 - 41 5 found to be defective by County, the CRA should promptly cause the Contractor to take the curative action required by the County. 10. SAFE NEIGHBORHOOD SIGNS. The CRA acknowledges that the SAFE NEIGHBORHOOD GUIDELINES require temporary construction signs to reflect that the SAFE NEIGHBORHOOD GRANT is being utilized for the Project. 11. COST OVERRUNS. The CRA acknowledges and agrees that the only financial commitment of the CITY is to make available to the CRA the FIND GRANT and the SAFE NEIGHBORHOOD GRANT funds as reflected in this Agreement. In the event of cost overrun or changes in the scope of the Project which increased the cost, it is understood and agreed that the CRA, subject to availability of funds and approval by the CRA Board, will be obligated to pay all cost overruns and costs associated with scope changes to the Project and that the CITY will have no obligation with respect thereto. 12. CRA's RESPONSIBILITY. CRA will be responsible for overseeing all aspects of the Project, including without limitation, bidding procedures, negotiation of the Construction Contract, contract administration and compliance with the Find Grant Guidelines and the SAFE NEIGHBORHOOD GUIDELINES. 13. BONDING AND INSURANCE. The CRA will maintain insurance and bonding which is required by the CITY's Risk Management Department for the Project as described on Exhibit "F" attached hereto and made a party hereof. The CRA shall furnish to the Department original certificates of insurance and bonds indicating that CRA is in compliance with the provisions of this Action. OWN:T, /CRA o®- 41 N. 14. RECORDS AND AUDIT. The CRA acknowledges and agrees to maintain complete records and comply with all requirements to document the activities required by the FIND GRANT GUIDELINES and the SAFE NEIGHBORHOOD GUIDELINES. The Department shall have the right to conduct audits of the CRA's records and to visit the Project in performance of the work in order to conduct its monitoring and evaluation activities with respect to the Project. The CRA shall cooperate with the Department in performing these activities. The Department's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the Department of any inconsistency, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the CITY. 15. TERM. The term of this Agreement shall commence on the date it is fully executed by all parties and shall end on the date on which all of the obligations, rights and responsibilities of the parties with respect to the Project have been completed. 16. REMEDIES FOR NONCOMPLIANCE. If the CRA materially fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained herein, then the CITY shall have the right to take one or more of the following actions: a. Temporarily withhold cash payments pending correction of the deficiency by the CRA. OMNI/CRAA 0 0 - 41 . 7 b. Disallow use of the FIND GRANT or the SAFE NEIGHBORHOOD GRANT for all or part of the cost of the Project not in compliance. C. Take such other remedies that may be legally advisable. 17. NONDISCRIMINATION. The CRA, for itself and on behalf of its contractors and subcontractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, marital status, or handicap in connection with its performance under this Agreement. Furthermore, the CRA represents that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, religion, national origin, age, marital status, or handicap, be excluded from participation in, be denied benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance. 18. CONFLICT OF INTEREST. The CRA convenants that no person under it employ, who presently exercises any functions or responsibilities in connection with Project has any personal financial interest, direct or indirect, in this Agreement. The CRA further convenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The CRA is aware of the conflict of interest laws of the City of Miami (City of Miami Code, Chapter 2, Article V), Miami -Dade County, Florida (Dade County Code, Section 2011-.1), and the State of Florida, and agrees that it shall fully comply in all respects, with the terms thereof. 7.,m/cRA -- 41 6.0 19. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 20. INDEMNIFICATION. The CRA shall indemnify and save harmless the CITY, its agents, officers, and employees from and against any and all claims, liabilities, losses, and causes of action which may arise out of the CRA's performance under this Agreement, including all acts or omissions to act on the part of the CRA and any of its contractors/subcontractors, employees, agents and any person action for or on their behalf, and from and against any and all costs, attorney's fees, expenses and liability in relation to any orders, judgments, or decrees which may be entered against the CITY; and all costs, expenses and liabilities incurred by the CITY in connection with the defense of any such claims or in the investigation thereof. 21. AMENDMENTS. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 22. OWNERSHIP OF DOCUMENTS. All documents developed by the CRA or at its request pursuant to this Agreement shall be delivered to the CITY upon completion of the work contemplated by this Agreement, and shall become the property of the CITY, without restriction or limitation on its use. The CRA agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statues. It 0-MMR!CRA0 U - 41 E is further understood by and between the parties that any document which is given by the CITY to the CRA pursuant to this Agreement shall at all times remain the property of the CITY, and shall not be used by the CRA for any other purposes whatsoever, without the written consent of the CITY. 23. AWARD OF AGREEMENT. The CRA warrants that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 24. NON-DELEGABILITY. The obligations of the CRA under this Agreement shall not be delegated or assigned to any other party without the CITY's prior written consent, which may be withheld by the CITY in its sole discretion. Nothing contained herein shall prohibit the contracting or subcontracting of services by the CRA for the performance of the work contemplated by this Agreement. 25. CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according with Florida law. 26. TERMINATION OF AGREEMENT. The CITY retains the right to terminate this Agreement at any time without penalty to the CITY. In that event, the CITY shall give written notice of termination to the CRA, who shall be paid for those services performed prior to the date of its receipt of notice of termination. In no case, however, shall the CITY pay the CRA an amount in excess of the total sum provided by this Agreement. It is hereby understood that any payment made in .i. 10 accordance with this Section shall be made only if no default has occurred in the performance of this Agreement. If the CRA is in default, or if the work contemplated hereunder is not being performed in accordance with the provisions hereof, the CITY shall not be obligated and shall not pay to the CRA any sums due hereunder. 27. GENERAL CONDITIONS. A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. CITY OF MIAMI Dept. of Community Development 444 S.W. 2nd Avenue, Floor Miami, Florida 33130 Attention: OMNI REDEVELOPMENT AGENCY 300 Biscayne Boulevard Way, Suite 430 Miami, Florida 33131 Attention: Dipak Parehk B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the CITY, then such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and, in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 28. INDEPENDENT CONTRACTORS. The CRA, its contractors, sub -contractors, and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the civil service or pension ordinances of the CITY, or any rights generally afforded classified or unclassified employees. Further, they shall not be deemed entitled to the Florida worker's compensation benefits as employees of the CITY. 29. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 12 30. ASSURANCES AND CERTIFICATIONS. The CRA assures and certifies that: a. All expenditures will be properly documented and such documentation will be maintained on file. b. Periodic progress reports will be provided to the DEPARTMENT, as requested by the DEPARTMENT. C. The CRA will be liable to the CITY for any FIND GRANT or SAFE NEIGHBORHOOD GRANT Funds expended in a manner inconsistent with the work programs and work plans for the Project. d. No activity under this Agreement shall involve political activities. e. The CRA possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the CRA's governing body, authorizing the execution of this Agreement and identifying the official representative of the CRA to act in connection with this Agreement and to provide such additional information as may be required. 31. ENTIRE AGREEMENT. This Agreement and its attachments constitute the sole and only agreement of the parties hereto and correctly set forth the rights, duties and obligations of the parties hereto. Any prior agreements, 00- 41 13 CV17,71 iCRA promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 32. APPROVAL BY THE OVERSIGHT BOARD. The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board"), which is empowered to review and approve all pending the City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Attestation of this Agreement by the City clerk shall constitute evidence of its approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their officials duly authorized. ATTEST: Walter J. Foeman, City Clerk Approved as to Form and Correctness Alejandro Vilarello City Attorney ATTEST: Walter J. Foeman, City Clerk City of Miami, a municipal corporation of the State of Florida Carlos A. Gimenez, City Manager Approved as to Insurance Requirements Mario Soldevilla, Administrator Risk Management C-M/Cry UU- 41 14 Approved as to form and correctness William R. Bloom Attorney to the CRA IVIIA1 #994291 v4 Omni Community Redevelopment Agency, a body corporate and political of the State of Florida Dipak Parehk, Executive Director 0M-NU/CRA O o - 41 15