HomeMy WebLinkAboutR-97-0874J-97-869
12/2/97 9 ! _ 874
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ACCEPT A BROWNFIELDS
REDEVELOPMENT GRANT FROM THE STATE OF FLORIDA
OFFICE OF TOURISM, TRADE AND ECONOMIC
DEVELOPMENT, IN THE AMOUNT OF $500-,000, FOR
THE REMOVAL OF ENVIRONMENTAL OBSTACLES TO
ECONOMIC REVITALIZATION WITHIN THE ENTERPRISE
COMMUNITY; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND ANY
DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE ACCEPTANCE AND
IMPLEMENTATION OF SAID GRANT.
WHEREAS, the'City of Miami, Florida (the "CITY"), has sought
to redevelop City neighborhoods through a community planning and
revitalization strategy; and
WHEREAS, much of the City's industrial areas have suffered
from massive employment loss during the past fifteen years that
was due in part to environmental contamination perceived or real;
and
WHEREAS, the City obtained a U.S. EPA Brownfields Pilot
Grant in October 1996,. that was targeted at addressing these
issues in the redevelopment of a very depressed industrial area
in Wynwood; and
WHEREAS, the 1997 Florida Legislature passed the Brownfields
Redevelopment Act, and appropriated $3 million to the Office of
Tourism, Trade and Economic Development for Brownfields
Redevelopment Grants; and
�..� rr
t F.
DEC 0 9 J997
fW801Utio6 No.
7 87"4
WHEREAS, since the City of Miami was awarded a EPA
Brownfields Pilot Grant prior to May 1, 1997 and the Brownfields
Redevelopment Act provided that all pilot grants prior to that
date would receive $500,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
accept a Brownfields Redevelopment Grant from the State of
Florida's Office of Tourism, Trade and Economic Development, in
the amount of $500,000, for the removal of environmental
obstacles to economic revitalization within the Enterprise
Community.
Section 3. The City Manager is hereby authorizedl/ to
execute an agreement, in substantially the attached form, and any
other necessary documents, in a form acceptable to the City
Attorney, for the acceptance and implementation of said grant.
Section 4. This Resolution shall become effective
immediately upon its adoption.
l� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
- 2 - 9' 874
•
0
PASSED AND ADOPTED this 9th day of
December 1997.
XAVIER L. SUAREZ, MAYOR
ATTEST: In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of -
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of Ccmmissicn action
WALTER J . FOE MAN regarding same, without the Mayor exerci ' veto.
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
a J. man, City Clerk
- 3 -
'' 8 7 4
0 ® Panm 1 wm A
U.S. ENVIRONMENTAL PROTECTION AGENCY
1. ASSISTANCE ID NO.
2. LOG NUMBER
EPA ASSISTANCE AGREEMENT / AMENDMENT
BP984039-96-1
04-BP-0000
I
& 3Of RD
4. MAILING DATE
PART I - ASSISTANCE NOTIFICATION INFORMATION
QQ
0 o.
3. AGREEMENT TYPE
a. PAYMENT METHOD
® Advance 11 Reimbursement ACH Number
Cooperate Agreenlolt
Grant Agreement
sold Paynumf Ropueet toe
Financial Management Office
7. TYPE OF ACTION
INCREASE AUGMENT
A..IwnceAmendment
x
S. RECIPIENT
9. PAYEE
R
CITY OF MIAMI
SAME AS RECIPIENT
C
PLANNING AND DEVELOPMENT DEPARTMENT
I
444 SW 2ND AVENUE, SUITE 300
P
I
MIAMI, FL 33130
E
N
EIN NO.
CONGRESSIONAL DISTRICT
10. RECIPIENT TYPE
T
596-00-0375
171822
CITY, VILLAGE, TOWN, BOROUGH
0
11. PROJECT MANAGER AND TELEPHONE NO.
12. CONSULTANT (wwT construction Grants only)
R
JACK L LUFT
G
PROJECT OFFICER
N/A
(305) 416-1400
E
13. ISSUING OFFICE (CITY / STATE)
14. EPA PROJECT / STATE OFFICER AND TELEPHONE NO.
P
US ENVIRONMENTAL PROTECTION AGENCY
R. NEWBERRY, PROJECT OFFICER
A
Grants Management Office
61 FORSYTH STREET, S.W.
C
U.S. EPA, Region IV
ATLANTA, GA 30303 (404) 562-8867
N
61 Forsyth Street
RALPH ROBINSON
T
Atlanta, GA 30303-3104
GRANTS SPECIALIST (404) 562-8414
C
15. EPA CONGRESSIONAL LIAISON ✓<r PHONE
16. STATE APPL ID (clearinghouse)
17. SCIENCE FIELD
18. PROJECT STEP
T
Barbara Brooks, (202) 260-5660
FL9607170576C
Grants Only)
19. STATUTORY AUTHORITY
20. REGULATORY AUTHORITY
21. STEP 2 + 3 & STEP 3 (wvrConstruction Grants oel»
CERCLA: SEC. 104
40 CFR PTS 31, 35 SUBPT
.Treatment Level
O
b. Praise Type
e. Troatrnent Process
22. PROJECT TITLE AND DESCRIPTION BROWNFIELDS ECONOMIC REDEVELOPMENT INITIATIVE
This action approves an additional INCREASE of $100,000 in fiscal year 1997.
23. PROJECT
LOCATION Tees lmpscW by Project)
City / Piece
County
Stab
Cong resslonal 0' -
MIAMI
DADE
FL
17
24. ASSISTANCE PROGRAM (CFM Program Na A Tw 66.606:
25. PROJECT PERIOD
26. BUDGET PERIOD
Surveys, Studies, Investigations, Sped
10/01/96 - 09/30/98
10/01/96 - 09/30/98
27. COMMUNITY POPULATION
28. TOTAL BUDGET PERIOD COST
29. TOTAL PROJECT PERIOD COST
(WWr Conabuction Grants Only) N/A 1
$200, 000
$200, 000
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
3a EPA Amount Thle Action
$100, 000
$100, 000
$200, 000
31. EPA In4Und Amount
0
0
0
32. Ur mcpended Prior Yaw Balance
0
0
0
33. Other FodsreIFunds
0
0
0
x RecipleneContributieon
47,980
47,980
0
3s. state Contribution
0
0
0
31L Local Contribution
0
0
0
37. other Contribution
0
0
0
38. Allowab" Project Coo
$147,980
$52,020
$200,000
39.
Site Name
Document
FY
Approp.
Budget
Program
Object
Site/Project
Coat
Obll ation
F
Control
Organization
Element
Class
Organization
Deobligatlo
Number
S
01)
DT0104
97
T
4ADOJ
FAX
41.85
04WQBZ00
C001
100,000
C
A
L
EPA Form 5700.20A (Rev, $4114. Repisoes Previous million. and EPA Forms 070o-1A,B,C, and 0. all of which are obsololw
9'7 874
PAR 1 II - APPROVED BUDGET ASSISTANCE IDE ATION:
TABLE A - OBJECT CLASS CATEGORY
MO1f�O1'dYO�O^1
BP984039-96-1 fte 2 pt 4
TOTAL APPROVED ALLOWABLE
BUDGET PERIOD COST
1. PERSONNEL
0
2. FRINGE BENEFITS
0
3. TRAVEL
4,000
4. EQUIPMENT
0
5. SUPPLIES
1,000
6: CONTRACTUAL
190,000
7. CONSTRUCTION
0
S. OTHER
5,000
9. TOTAL DIRECT CHARGES
$200,000
10. INDIRECT COSTS: RATE % BASE
0
11. TOTAL (Share: Recipient 0.00% Federal 100.00 %.)
$200,000
12. TOTAL APPROVED ASSISTANCE AMOUNT
$200,000
TABLE B - PROGRAM ELEMENT CLASSIFICATION
M�a
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12. TOTAL (Share: Recipient % Federal %.)
13. TOTAL APPROVED ASSISTANCE AMOUNT
TABLE C - PROGRAM ELEMENT CLASSIFICATION
(Com&uc"o
1. ADMINISTRATION EXPENSE
2. PRELIMINARY EXPENSE
3. LAND STRUCTURES RIGHT-OF-WAY
4. ARCHITECTURAL ENGINEERING BASIC FEES
5. OTHER ARCHITECTURAL ENGINEERING FEES
6. PROJECT INSPECTION FEES
7. LAND DEVELOPMENT
S. RELOCATION EXPENSE
9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS
10. DEMOLITION AND REMOVAL
11. CONSTRUCTION AND PROJECT IMPROVEMENT
12. EQUIPMENT
13. MISCELLANEOUS
14. TOTAL (um• 1 thm 13)
IS. ESTIMATED INCOME (M • tmbm)
16. NET PROJECT AMOUNT um 14 mimm 15►
17. LESS: INELIGIBLE EXCLUSIONS
18. ADD: CONTINGENCIES
19. TOTAL (Share: Recipient % Federal %.)
20. TOTAL APPROVED ASSISTANCE AMOUNT
EPA Form N
0 1-
o f
PART III, — AWARD CONDITIONO
_. ASSISTANCE
3of4
Terms and Conditions as set forth on the prior awards) remain in effect.
10. BROWNFIELD PILOTS COOPERATIVE AGREEMENT
The recipient agrees to consult with the appropriate State Department responsible for
the Preservation of Historic Properties to ensure the identification and evaluation of
any pre-1946 structures, or properties located adjacent to the activity areas. The
recipient agrees to comply with efforts to identify, evaluate and appropriately design
project activities to avoid or minimize adverse project impacts to any historic
properties listed, or which satisfy the criteria for eligibility for listing (36 CAR 60.4), in
the National Register of Historic Places.
11. Prior to initiating fieldwork, the recipient, or its contractor(s), must submit a. Quality
Assurance/Quality Management Plan for EPA review and approval. The ;Plan 'should
be consistent with the EPA, Region 4, Standard Operating Procedures and Quality
Assurance Manual and EPA shall be afforded adequate time for review (generally 45
days) prior to field activities.
(Rwr.
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ASSISTANCE IDE! &_TION: BP984034-96-1 Page 4 of 4
SPECIAL CONDITIONS (oontlnueo
PART IV
NOTE: The Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters
awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeks after receipt or
within any extension of time as may be granted by EPA
Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result In the
withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent to the document being signed
by the EPA Award Official, which the Award Official determines to materially after the Agreement, shall void the Agreement.
OFFER AND ACCEPTANCE
The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers
assistance/amendment to the CITY OF MIAMI for 100.00%of all approved
RECIPIENT ORGANIZATiON
costs Incurred up to and not exceeding S 200,000 for the support of approved budget period effort described
ASSISTANCE AMOUNT
In application (Including all application modifications) cited in Item 22 of this Agreement
09/19/97 BROWNFIELDS ECONOMIC REDEVELOPMENT INITIATIVE Included herein by reference.
IJAM AND TITLE I
ISSUING OFFICE iorentsAdmininvatimoRto.
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
ORGANIZATION / ADDRESS
Grants Management Office
Waste Management Division
U.S. EPA, Region IV
U.S. EPA, Region 4
61 Forsyth Street
61 Forsyth Street, S.W.
Atlanta, GA 30303-3104
Atlanta, GA 30303-3104
UNITED S ATES OF AMERICA BY THE U.S ENVIRONMENTAL
PROTECTION AGENCY
IQ RE OF A ID L
ED NAME AND TITLE Richard D. Green
BY 3 0
A 11 M
Actinq Director Waste Management Division
-ill
L1,7618 regime Is subject t4 appl S. Environmental Protection Agency statutory provisions and assistance regulations. In
a pting this award or amendm nt an any payments made pursuant thereto, (1) the undersigned represents that he Is duly
auihorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the
applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (Parts I thru IV), and (b) that
acceptance of any payments constitutes an agreement by the payee that the amounts, If any found by EPA to have been
overpaid will be refunded or credited in full to EPA.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIONATUR
TYPED NAME AND TITLE EDWARD MAR�UEZ
DA E
CITY MANAGER
1'OIoiDlq�
EPA Form M6.20A (Rev. s-W Y/ �) 7 e 874
STATE OF FLORIDA
EXECUTIVE OFFICE OF THE GOVERNOR'
OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT ,
THIS GRANT AGREEMENT, entered into this day of . 1997, between the
State of Florida, Office of Tourism, Trade and Economic Development (OTTED), and The City of Miami,
( "Miami'). This Agreement is entered into under Grant Number for the purpose of
establishing and bylementmg a program which promotes brownfield redevelopment.
BACKGROUND
OTTED is empowered by law to make grants of funds in accordance with legislative appropriations. The
1997 Brownfields Redevelopment Act enacted as Chapter 97-276 provided for the award of grants to each
United States Environmental Protection Agency brownfield pilot project designee and applicant based on
dates of designation and application. Such awards were contingent upon the availability of funds in the
General Appropriations Act for fiscal year 1997-1998. The Legislature of the State of Florida has made
an appropriation for such grants in item 1649C, section 6 in the 1997-98 General Appropriations Act and
Summary statement of rntexk
1.0 PARTIES:
The parties and their respective addresses for the purposes of this Agreement are:
1.1 STATE OF FLORIDA
EXECUTIVE OFFICE OF THE GOVERNOR
OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT
THE CAPITOL
.TALLAHASSEE, FLORIDA 32399-0001
1.2 CITY OF MIAMI
DEPARTMENT OF PLANNING & DEVELOPMENT
444 SW 2nd AVENUE
MIAMI, FLORIDA 33130
1.3 The contract administrator for the State is Mary Helen Blakeslee, Telephone 850-487-
2568, Fax 850-487-3014. The contract administrator for Miami is Jack L. Luf t
1 9'7- 874
Telephone (305 j 416-1400 , Fax (305) 416-2156 All approvals referenced in this Agreement must be
obtained in writing from the parties' administrators or their designees.
2.0 TERM:
The term of this Agreement shall commence upon execution and continue until December 31,
1998. Extension of this Agreement period between OTTED and Miami must be in writing and for a period
not to exceed 12 months and is subject to the same terms and condition set forth in the initial Agreement.
Only one extension of the Agreement will be accepted, unless failure to complete the Agreement is due to
events beyond the control of Miami and subject to OTTED's prior approval. Only project costs incurred
on or after the effective date of the Agreement and on or prior to the termination date of the Agreement are
eligible for r+eimbuiserrunt.
3.0 NQCS:
All notices between the parties shall be by either confirmed fax or certified mail, return receipt
requested, delivered to the address of the parties as set forth in section 1.0 above.
4.0 SCOPE OF WORK:
Miami will expend grant funds in accordance with the Miami Brownfield Redevelopment Plan
(Plan) and Budget, a copy of which is incorporated by this reference and designated as "Exhibit A". Funds
made available by OTTED pursuant to this Agreement shall be expended solely for the purpose of
implaneating the Plan. The Plan shall be submitted by Miami and contain a written geographic description
of the area including street names or other easily recognizable boundaries being targeted for redevelopment
in the Plan, a detailed written description of Plan activities, a budget showing the types and amounts of
expenditures to be made pursuant to implementation of the Plan and the terms and conditions of this
Agreement, the source and allocation of funds for those expenditures, and the time periods in which those
expenditures are expected to occur. The Plan and Budget may only be amended by prior approval of
OTTER. _
5.0 CONTRACT REQUIREMENTS:
Miami Agrees:
(a) TRANSFER OF FUNDS/BUDGET.
(1) Before any funds are transferred and made available by OTTED to Miami,
pursuant to the terms and conditions of this Agreement, Miami shall submit "Exhibit A" as referred to in
paragraph 4.0.
(b) PERFORMANCE MEASURES/MEASURABLE OUTCOMES.
By November 30, 1997, Miami shall submit to OTTED proposed specific performance standards
and measurable outcomes to be incorporated into this agreement. OTTED retains the right of final
2 97- 874
approval of performance standards and measurable outcomes which will be incorporated into and made
part of this agreement as "Exhibit B", effective the date of OTTED's written approval.
(c) REPORTS.
(1) Quarterly, beginning with the quarter ending December 31,1997 and each
subsequent quarter until the project described in "Exhibit A" is completed, Miami shall provide OTTED
with a report of performance outputs and outcomes in comparison with the approved performance
standards required by paragraph 5.0 (b) and attached in "Exhibit B". A Final Project Performance Report
shall be submitted within three months of completing the activities described in the Plan.
(2) Annually, until the transferred funds are totally expended, Miami shall provide
OTTED with a written -account of actual expenditures in comparison with the proposed expenditures and
budget required by paragraph 5.0 (a) (1). A final written accounting shall be submitted when the grant
funds are totally expended. The accounting shall include:
a. The total funds transferred to Miami by OTTED pursuant to this
b. The total project costs paid from funds made available by OTTED
pursuant to this Agreement.
(3) Audit reports shall be submitted per requirements of paragraph 5.0 (d) (3) within
120 days after completion of of grant funds or after Miami's fiscal year if the grant is included
in Miami's annual fiscal year audit. If the grant term overlaps Miami's fiscal year, Miami shall provide .
OTTED with audits covering the entire term of the grant.
(d) AUDIT AND RECORDS.
(1) Miami shall retain and maintain all records, including records of all payments
made by Miami in connection with the Plan and make such records available for financial audit as may be
requested. Records shall include books, records, documents, and other evidence, including, but not limited
to, vouchers, bills, invoices, requests for payment and other supporting documentation, which, according to
generally accepted governmental accounting principles, procedures and practices, sufficiently and properly
reflect all program costs expended in the performance of this Agreement. Such records shall be retained by
Miami for a minimum period of three years after termination of this Agreement. The records shall be
subject at all times to inspection, review, or audit by State personnel of the Officeof the Auditor General,
Office of Comptroller, or other State personnel authorized by OTTED and copies of the records shall be
delivered to OTTER upon request;
(2) All bills for fees or other compensation for services or expenses shall be submitted
by Miami in detail sufficient for a proper pre audit and post audit.
Y 91- 874
(3) Miami shall maintain financial records and reports related to funds paid to any
parties for work on the matters which are the subject of this Agreement and submit a grant specific
independent audit report to OWED, covering the period of grant fund expenditures as follows:
a. If the amounts received exceed $100,000, have an audit performed in
accordance with the rules of the Auditor General promulgated pursuant to s. 11.45 Florida Statutes:
b. If the amounts received exceed $25,000 but do not exceed $100,000, have
an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45
Florida Statutes, or have a statement prepared by an independent certified public accountant which attests
that Miami has complied with the provisions of the grant; or
C. If the amounts received do not exceed $25,000, have an authorized Officer
attest, under penalties of perjury, that Miami has complied with the provision of the grant.
d. Miami's annual audit is acceptable for this audit requirement as long as
this grant included and the audit is in compliance with criteria in paragraph 5.0 (d) (3) a., b., or c.
(4) Include the audit and record keeping requirements in contracts and subcontracts
entered into by Miami with any party for work required under terms of this Agreement.
(c) INDEMNIFICATION.
(1) OWED will not assume any liability for the acts, omissions to act, or negligence
of Miami, its agents, servants, or employees; nor will Miami exclude liability of its own acts, omissions to
act, or negligence to OTTED. In addition, Miami hereby agrees to be responsible for any injury or
property damage resulting from any activities conducted by Miami.
(2) Miami if other than a state agency or subdivision of the state, agrees to indemnify
and hold OTTED harmless from any and all claims or demands for damages resulting from personal injury,
including death or damage to property, arising out of any activities performed under this Agreement and
will investigate all claims at its own expense.
(3) Miami will be responsible for all work performed and all expenses incurred in
connection with the project. Miami may subcontract as necessary to perform the services set forth in this
Agreement, including entering into subcontracts with vendors for services and commodities PROVIDED
THAT it is understood by Miami that OTTED will not be liable to the subcontractor for any expenses or
liabilities incurred under the subcontract and that Miami will be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
There shall be no reimbursement for travel expenses exceeding the all inclusive funds
allocated in the Agreement.
(g) NON -ASSIGNMENT.
4 97- 874
Neither party may assign, sublicense, nor otherwise transfer its rights, duties, or
obligations under this agreement without the prior written consent of the other party which consent will not
be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring will be null and
void; provided however, that OTTED will at all time be entitled to assign or transfer its right, duties, or
obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior
written notice to Miami. In the event OWED approves transfer of Miami's obligations, Miami remains
responsible for all work performed and all wgxmse incurred in connection with the Agreement.
(h) TERMINATION.
(1) rich. OTTED may terminate the Agreement due to the failure of Miami to
fulfill its obligation under the Agreement in a timely or satisfactory manner. Satisfaction of obligation by
Miami will be determined solely by OTTED. OTIM must provide Miami a written notice of default
letter. Miami will have &Um calendar days to cure fire default, unless it is determined by OTTED that it is
necessary that the default be cured immediately. If the default is not cured bq Miami within the stated
period of time, OTTED has the option to terminate this Agreement. The termination shall be effective upon
no less than 24 hours notice delivered in the manner set forth in Section 3.0. In this event of termination of
this Agreement, Miami will be compensated for any work satisfactorily completed prior to notification of
termination. Determination of work satisfactorily completed shall be at the sole discretion of OTTED.
(2) Preservation of Remedies. No delay or omission to exercise any right, power, or
remedy accruing to either party upon breach or default by either party under this Agreement, will impair
any such right, power, or remedy of either party; nor will such delay or omission be construed as a waiver
of any such breach, or default, or any similar breach or default.
(3) Refusal to Grant Public Access. This Agreement may be terminated by OTTED
for refusal by Miami to allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter 119, Florida Statutes, and made or received by Miami in conjunction with this
Agreement.
(4) Unauthorized Aliens. OTTED will consider the employment by Miami of
unauthorized aliens a violation of Section 274(e) of the Immigration and Naturalization Act. Such
violation shall be cause for cancellation of the Agreement.
6.0 PAYMENTS:
(a) AMOUNT/SCHEDULE.
(1) Funds in the amount of $500,000.00 will be made available to Miami.
(2) The first payment of $100,000 will be made upon receipt of a valid invoice and the
submission by Miami and approval by OTTED of the deliverables required in paragraph 5.0(b).
Subsequent payments will be made on a quarterly basis upon receipt of a valid invoice from Miami and
9'7= 874
documentation of deliverables required in paragraph 5.0(c)(1). The payment schedule for the quarterly
payments will be:
a. $125,000.00 for the quarter ending December 31, 1997.
b. $125,000.00 for the quarter ending April 30, 1998.
c. $125,000.00 for the quarter ending June 30, 1998.
d. $25,000.00 upon completion of the Plan.
OTTED's performance and obligation to pay under this Agreement is contingent upon an
appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are
withdrawn, the Agreement is terminated and OWED has no further liability to Miami beyond that already
incurred by the termination date and within the limits of unpaid grant funds which were not withdrawn. In
the event of a state revenue shortfall, the total grant may be reduced accordingly. OTTED shall be the final
determiner of the availability of such funds.
7.0 LEGAL REQUIREMENTS:
(a) This grant Agreement shall be governed by laws of the State of Florida. ' Any and all
litigation arising under this Agreement shall be brought in the appropriate court in Leon County, Florida.
(b) No provision for automatic renewal or extension of this Agreement shall be effective. Any
renewal or extension shall be in writing and executed by the parties as set forth in paragraphs 2.0 and B.O.
8.0 MODIFICATION•
This document contains the entire Agreement of the parties. No representations were made or
relied upon by either party, other than those that are expressly set forth. No agent, employee, or other
representative of either party is empowered to alter any of the terms of this Agreement, unless done in
writing and signed by an authorized officer of Miami and the Director or the Director's designee for
OTTED.
9.0 GENERAL CONDITIONS:
(a) Miami agrees to comply with all applicable federal, state and local laws related to the
execution of the program described in "Exhibit A" and "Exhibit B".
(b) Limitations on the recovery of damages which are specifically provided by Florida Statutes
or by rulings of Florida courts shall apply to this Agreement. Such limitations include, but are not limited
to, the following;
(1) As an agency of the government of the State of Florida, OTTED is liable for
damages only to the extent provided by section 768.28, Florida Statutes, and any other applicable Florida
Statutes.
6 97=- 874
(2) OTTED is not bound by any agreements to indemnify, hold harmless, or for
liquidated damages or cancellation charges;.
(3) No provision of the Agreement shall be construed as a waiver by OT17ED of any
right, defense, or claim which OTTED may have in any litigation arising under the Agreement. Nor shall
any Agreement provision be construed as a waiver by the State of Florida of any right to initiate litigation.
(c) OTTED is covered by a "General and Federal Civil Rights Liability Coverage" provided
pursuant to Chapter 284, Part II and Section 768.28, Florida Statutes.
(d) Miami is encouraged to utilize `minority business enterprises", as defined in Section
288.703, Florida Statutes, as subcontractors or subvendors when possible and report to OTTED all such
usage of brads frown this Agreement.
(a) Funds may not be used for the purpose of lobbying the legislature, the judicial branch, or a
state agency pursuant to Section 216.347, Florida Statutes.
(i) . Section 287.133(3)(a), Florida Statutes requires that a person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on
a contract to provide any goods or services to a public entity for the construction or repair of a public
building or public work, may not submit bids on leases or real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity, and may not transact business with any public entity in access of the threshold amount
provided in Section 387.017, Florida Statutes for Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
(g) Miami will not discriminate against any employee employed in the performance of the
Agreement, or against any applicant for employment because of race, creed, color, handicap, national
origin, or sex. Miami shall insert a similar provision in all subcontracts for services by this Agreement.
(h) If any term or provision of the Agreement is found to be illegal and unenforceable, the
remainder of the Agreement will remain in full force and effect and such term provision will be deemed
stricken.
7
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(i) U101ew authorized by law and agreed to in writing by OTTED, OTTED will not be liable
to pay attorney fees, internt, or coat of collection.
STATE OF FLORIDA
OFFICE OF TOURISM, TRADE
AND ECONOMIC DEVELOPMENT
CITY OF MIAMI
DENNIS HARMON, DIRECTOR, AUTHORIZED AGENT
NAME:
TITLE:
DATE: DATE:
a
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CITY OF MIAMI, FLORIDA 9
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members DEC _?
TO: of the City Commission DATE: FILE:
,4-
Albert Ruder
FROM:
City Manager
RECOMMENDATION:
Acceptance of
SUBJECT: Florida Brownfields
Redevelopment Grant
For City Commission
REFERENCES: Meeting of 12/9/97
ENCLOSURES:
Resolution
It is respectfully recommended that the City Commission
adopt the attached Resolution authorizing the City Manager
to accept a grant from the State of Florida's Office of
Tourism, Trade and Economic Development for a Brownfields
Redevelopment Grant in the amount of $500,000.
BACKGROUND:
The City of Miami was awarded a regional U.S. EPA
Brownfields Demonstration Pilot on June 13, 1996, with the
demonstration project in Wynwood. Brownfields are abandoned
pieces of land - usually in inner cities - that have real or
perceived contamination from previous industrial use. The
City's Wynwood Brownfields Pilot has moved forward and is
near completion of the assessment phase. Most importantly,
it has attracted an experienced brownfields developer and an
end user for the site.
Further, the 1997 Florida Legislature passed the Brownfields
Redevelopment Act which encourages the redevelopment of
brownfield properties. The legislation also appropriated $3
million to the Office of Tourism, Trade and Economic
Development for brownfield redevelopment grants. Since the
City of Miami was awarded a U.S. EPA Brownfields
Demonstration Pilot prior to May 1, 1997, the City will
receive a brownfields redevelopment grant in .the amount of
$500,000.
It is therefore recommended that the attached Resolution be
adopted by the City Commission to authorize the City Manager
to accept this grant from the State of Florida Office of
Tourism, Trade and Economic Development.
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