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HomeMy WebLinkAboutSEOPW-CRA-R-01-0115$EOPWICRA ITEM 3 RESOLUTION NO. 0 1 _ 115 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A JOINT PARTICIPATION AGREEMENT AND MEMORANDUM OF AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Board of Directors of the CRA desires to authorize FDOT Joint participation Agreement and related Memorandum of Agreement in a form acceptable to the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated as if fully set forth in this Section. Section 2. The Board of Directors of the CRA approve the FDOT joint Participation Agreement and related Memorandum of Agreement in a form acceptable to the City Attorney and SEOPW/CRA 01-- 115 authorize the Executive Director to execute any other documents to meet the terms and conditions of these agreements. Section 3. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of August 2001 ArthurNE. Teele, Jr., Chairman ATTEST: Waxter J. Foeman City Clerk APPROVED FORM AND C EC T SS: K6 Vil ttorney Page 2 of 2 SEOPW/CRA 01- 115 Aug 08 01 01 : 46p 1-1JU 1 I%% FLORIDA DEPAR TT OF TRANSPORTATION LOCALLY FUNDED JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and CITY OF MIAMI SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA), hereinafter referred to as the "CRA." WITNESSETH: WHEREAS, the Parties have been granted specific legislative authority to enter into this AGREEMENT pursuant to Section 339.12, Florida Statutes; and WHEREAS, the Department is prepared, in accordance with its Five Year Work Program, to undertake the project described as SR 9A/I-95 at NW 8`' St (Port Access Improvements), in Fiscal Year 2002/2003, said project designated by the DEPARTMENT as Item No. 4112051, hereinafter referred to as the "PROJECT"; and WHEREAS, the PROJECT is on the State Highway System and is not revenue producing; and WHEREAS, the implementation of the PROJECT is in the interests of both the DEPARTMENT and the CRA and it would be most practical, expeditious, and economically advantageous for the CRA to advance the funds for the Project Development and Environmental (PD&E) Phase of the PROJECT; and WHEREAS, the DEPARTMENT is willing to advance the PROJECT to Fiscal Year 2001/2002, and the CRA is willing to advance the funds for the PD&E Phase in accordance with Section 339.12, Florida Statutes; and WHEREAS, the CRA by Resolution No. SEOPW/CRA 01-74 dated June 25, 2001, a copy of which is attached hereto and made a part hereof, has agreed to advance to the DEPARTMENT an amount not to exceed $500,000.00 for the PD&E Phase of the PROJECT. NOW, THEREFORE, in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1_ A. The CRA agrees that it will, at least fourteen (14) days prior to the DEPARTMENT's advertising the contract for the PD&E Phase of the PROJECT, furnish the DEPARTMENT an advance deposit of $500,000.00 (Five Hundred Thousand Dollars) for partial payment of the PD&E Phase for Locally Funded Project Number 41120512201. The DEPARTMENT may utilize this deposit for payment of the PROJECT. B. The payment of funds as required above will be made as follows (choose one): _ Directly to the DEPARTMENT for deposit into the State Transportation Trust Fund. sEo tC 01- 1415 _X Deposit as provided in the attached M dum of Agreement between the CRA, the DEPARTMENT, and t e of orida Department of Insurance, Division of Treasury. 2. The DEPARTMENT agrees tha t pay the CPA for the advance funds in the lump sum amount of $500,000.00 (Five Hu � d Thousand Dollars) from the State Transportation Trust Fund no later than ninety (90) days from July 1, 2002. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and nothing herein shall be construed to violate the provisions of Section 339.135 (6)(a), Florida Statutes, which provides: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of a contract for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than one year. 4. The DEPARTMENT agrees that it will solicit CRA/City of Miami participation in the DEPARTMENT's consultant selection process in conjunction with the PROJECT. 5. The DEPARTMENT agrees to provide the CRA/City of Miami Public Works Department with draft and final copies of all work products for the PD&E Phase of the PROTECT, including, but not limited to, technical reports, studies, plans and specifications for the CRA's review and records. 6. The community involvement and public information tasks shall be accomplished by the DEPARTMENT's Consultant in conjunction with the CRA. 7. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this AGREEMENT, the CRA shall pay the DEPARTMENT's reasonable attorney fees and court costs if the DEPARTMENT prevails. In the event the CPA prevails in said suit, the DEPARTMENT shall pay the CRA's reasonable attorney fees and court costs. 8. To the extent permitted by law, the CRA agrees to indemnify. the DEPARTMENT and all of its officers, agents, or employees from all claims, demands, or liability due to any act or omission, neglect or wrongdoing of the CRA or any of its officers, agents, or employees, and the CRA agrees to defend the DEPARTMENT against any and all such claims or demands which may be claimed and have risen as a result of or in connection with the CRA's participation in this Agreement. Nothing contained herein shall be construed so as to contravene the provisions of Section 76828 of the Florida Statutes, nor shall this Article be construed to require the CRA to indemnify the DEPARTMENT's own negligence. 9. To the extent permitted by law, the DEPARTMENT agrees to indemnify the CRA and all of its officers, agents, or employees from all claims, and, or liability due to any act or omission, neglect or wrongdoing of the DEP T NT any of its officers, agents, or employees; and the DEPARTMENT e t d the CRA against any and all such claims or demands which may be elai a v '.arisen as a result of or in connection with the DEPARTMENT's participation i s Agreement. Nothing contained herein shall be construed so as to contravene the provisions of Section 768.28 of the Florida Statutes, nor shall this Article be construed to require the DEPARTMENT to indemnify the CRA for the CRA's own negligence. 10. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 11. If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of the applicable law. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. CITY OF MIAMI STATE OF FLORIDA COMMUNITY REDEVELOPMENT AGENCY DEPARTMENT OF TRANSPORTATION TITLE: ATTEST: TITLE: APPROVED AS TO FORM, LEGALITY ATTORNEY CITY OF MIAMI M. . Jose Abreu, P.E. TITLE: DISTRICT SECRETARY, D6 ATTEST: TITLE: APPROVED AS TO FORM, LEGALITY ATTORNEY DEPARTMENT OF TRANSPORTATION SEOPWICIA rui- 115 Aug 08 01 U 1 : 4.1p r- liu i - yiw�,, Grp% VIOU FLORIDA DEPARTME SP TATION MEMORANQ OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , 2001, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT," and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as 'Treasury," and the City of Miami Southeast Overtown Park West Community Redevelopment Agency, hereinafter referred to as the "CRA-" WITNESSETH: WHEREAS, the "FDOT", pursuant to its Five Year Work Program, will be undertaking the following project: Item No.: 4112051 Project Name: SR 9A/1-95 at NW 8 h Street — Port Access Improvements County: Miami -Dade hereinafter referred to as the "Project". WHEREAS, the FDOT and the CRA entered into a Locally Funded Joint Participation Agreement dated , 2001, wherein the CRA agreed to advance funds to the FDOT for the Project Development and Environmental (PD&E) Phase of the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the CRA to establish an interest bearing escrow account to provide funds for the work performed on the Project by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the -parties agree to the following: 1. A lump sum deposit in the amount of $500,000 (Five Hundred Thousand Dollars) will be made by the CRA into an interest bearing escrow account established by the FDOT for the purposes of the project. Said escrow account will be opened with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities, on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. The deposit shall be made payable to the Department of Insurance Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: SBOP'w/cA-MA.. 1— 5 Hug U8 U1 U1:'t!P r"ut 'rrri►/ c Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite E Mail Station 24 Tallahassee, Florida 32311 ATTN: LFA Coordinator A copy of this Agreement should accompany the deposit. When the check is mailed to Tallahassee, the CRA shall also mail a copy of the check to the District Office at the following address: Florida Department of Transportation — District Six Public Transportation Office 602 South Miami Avenue Miami, Florida 33130 ATTN: Jose R. Gonzalez, P-E. 3. The FDOT's Comptroller or designee(s) shall be the sole signatories on the escrow account with the Department of Insurance, and shall have sole authority to authorize withdrawals from said account. 4. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the Locally Funded Joint Participation Agreement. 5. The Treasury agrees to provide written confirmation of receipt of funds to the FDOT. 6. The Treasury further agrees to provide periodic accountings to the FDOT. STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF INSURANCE COMPTROLLER DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER CITY OF MIAMI, FLORIDA ,,�, INTER -OFFICE MEMORANDUM ITEM 3AAugust 9 2nm TO: Chairman Teele and Members of the CRA Board FROM: Annette Lewis Acting Executive irector RECOMMENDATION DATE: August 9, 2001 FILE: SUBJECT: Execution of a Joint Participation Agreement and REFERENCES: Memorandum of Agreement Between FDOT and the CRA ENCLOSURES: Resolution It is recommended that the CRA Board approve the attached resolution and execute the attached Joint Participation Agreement and Memorandum Agreement between the State of Florida, Department of Transportation (FDOT) and the Southeast Overtown /Park West Community Redevelopment Agency (CRA) pursuant to Florida Statute Section 339-12 and by Section 163.400 — Cooperation Public Bodies and Section 163-445 — Assistance to Community Redevelopment By State Agencies. BACKGROUND The CRA Board at its meeting of June 25, 2001 approved by CRA Resolution No. 01-74 to advance funds in the amount of $500,000 for the Interchange Modification Report (IMR) and the Planning Design and Engineering (PD&E) Study. The Department has prepared, in accordance with the Five Year Work Program, to undertake the project described as SR 9A/I-95 at NW 8t' Street (Port Access Improvements), in Fiscal Year 2002/2003, said project designated by the FDOT as Item No. 4112051, hereinafter referred to as the Interchange Modification Report (IMR) and the Planning Design and Engineering (PD&E) Study. The implementation of the Interchange Modification Report (IMR) and the Planning Design and Engineering (PD&E) Study is in the interests of both FDOT and the CRA and it would be most practical, expeditious, and economically advantageous for the CRA to advance the funds for the Project Development and Environmental (PD&E) Phase of the Interchange Modification Report (IMR) and the Planning Design and Engineering (PD&E) Study. Funding Source : Account Number: sF.orw c", r i