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Home My WebLink AboutOMNI CRA 2016-12-14 Agenda PacketCity of Miami 3500 Pan American Dr Miami, FL 33133 www.miamigov.com Meeting Agenda Wednesday, December 14, 2016 5:00 PM CHAPMAN Partnership 1550 North Miami Avenue Miami, FL 33136 OMNI Community Redevelopment Agency Ken Russell, Chair Francis Suarez, Vice Chair Wifredo (Willy) Gore Board Member, District 1 Frank Carollo, Board Member, District 3 Keon Hardemon, Board Member, District 5 OMNI and MIDTOWN CRA OFFICE ADDRESS: 1401 N. Miami Avenue, 2nd Floor, Miami 33136 Phone: (305) 679-6868 www.miamicra.com OMNI Community Redevelopment Agency Meeting Agenda December 14, 2016 ROLL CALL DISCUSSION ITEMS 1. OMNI CRA DISCUSSION 1358 DISCUSSION REGARDING OMNI COMMUNITY REDEVELOPMENT AGENCY'S EXECUTIVE BOARD MEETINGS AND SCHEDULING PLANS. 2. OMNI CRA DISCUSSION 1359 DISCUSSION REGARDING 1-395 RECONSTRUCTION PROJECT BY P.I.O., MR. MYRICK MITCHELL FROM THE BRANDS ADVOCATES, INC. RESOLUTIONS 1. OMNI CRA RESOLUTION 1357 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S EMERGENCY FINDING THAT IT IS MOST ADVANTAGEOUS FOR THE CRA TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; FURTHER APPROVING THE RETROACTIVE SELECTION OF CENTURY ADVISORY SERVICES, INC. D/B/A CENTURY RISK ADVISORS FOR THE IMMEDIATE BINDING OF COMMERCIAL PROPERTY AND GENERAL LIABILITY INSURANCE COVERAGE FOR TWO (2) CRA OWNED CAPITAL PROPERTIES LOCATED AT 1401 N. MIAMI AVE, AND 50 NW 14 STREET, MIAMI, FL, RESPECTIVELY, FOR A TOTAL EXPENDITURE AMOUNT NOT TO EXCEED $100,000.00 FOR BOTH PROPERTIES, EFFECTIVE OCTOBER 4, 2016 THROUGH OCTOBER 4, 2017. 2. OMNI CRA RESOLUTION 1352 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $50,000.00, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY TO EXPAND THE DOWNTOWN ENHANCEMENT TEAM INTO THE OMNI REDEVELOPMENT AREA FOR A PERIOD OF ONE (1) YEAR ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. 3. OMNI CRA RESOLUTION 1370 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN OMNI Community Redevelopment Agency Page 2 Printed on 12/7/2016 OMNI Community Redevelopment Agency Meeting Agenda December 14, 2016 ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $60,000.00, TO CHAPMAN PARTNERSHIP, INC. FOR FACADE IMPROVEMENTS ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. 4. OMNI CRA RESOLUTION 1371 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $175,000.00, TO CAMILLUS HOUSE, INC. TO UNDERWRITE A PORTION OF COSTS ASSOCIATED WITH THE "MIAMI SHELTER PROGRAM" ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. 5. OMNI CRA RESOLUTION 1355 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, BETWEEN THE CRA AND THE CITY OF MIAMI ("LICENSEE"), FOR THE USE OF APPROXIMATELY 200 SQUARE FEET OF CRA-OWNED PROPERTY LOCATED AT 1401 NORTH MIAMI AVENUE, FOR THE PURPOSE OF OPERATING A NEIGHBORHOOD ENHANCEMENT TEAM OFFICE ("NET"), COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CRA OF ONE DOLLAR ($1.00), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 6. OMNI CRA RESOLUTION 1368 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN OMNI Community Redevelopment Agency Page 3 Printed on 12/7/2016 OMNI Community Redevelopment Agency Meeting Agenda December 14, 2016 ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $700,000.00, TO REBUILDING TOGETHER MIAMI-DADE, INC. TO PROVIDE PARTIAL FUNDING FOR A "HOME IMPROVEMENT FAQADE PROGRAM" ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. 7. OMNI CRA RESOLUTION 1369 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $905,000.00, TO LEGIDO MANAGEMENT SERVICES, INC. TO PROVIDE FUNDING FOR "BUSINESS REHABILITATION GRANT PROGRAMS"; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. 8. OMNI CRA RESOLUTION 1356 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE CITY OF MIAMI TO UNDERWRITE COSTS ASSOCIATED WITH AN EXPANDED POLICE PROGRAM WITHIN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE FUNDS ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE AUTOMATIC RENEWAL OF SAID GRANT SUBJECT TO AVAILABLE FUNDING; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; OMNI Community Redevelopment Agency Page 4 Printed on 12/7/2016 OMNI Community Redevelopment Agency Meeting Agenda December 14, 2016 ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. 9. OMNI CRA RESOLUTION 1372 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA, FOR THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH MR. MIGUEL A. VALENTIN, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF FINANCIAL SUPPORT, CONSULTING, AND GENERAL ACCOUNTING SERVICES FOR THE CRA, FOR A CONTRACT PERIOD OF ONE (1) YEAR, BEGINNING RETROACTIVELY ON JULY 23, 2016 AND ENDING ON JULY 22, 2017, WITH THREE (3) ONE (1) YEAR OPTIONS TO RENEW, AT A YEARLY CONTRACT AMOUNT NOT TO EXCEED $47,800.00, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10. OMNI CRA RESOLUTION 1373 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA, FOR THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH URBAN IMPLEMENTATION LLC, IN SUBSTANTIALLY THE ATTACHED FORM, FOR DESIGN, PLANNING, AND CONSTRUCTION RELATED SERVICES FOR THE CRA, RELATED TO THE NEIGHBORHOOD PARK AND COMMUNITY EVENT SPACE LOCATED ON CERTAIN PARCELS ABUTTING INTERSTATE 395, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. OMNI Community Redevelopment Agency Page 5 Printed on 12/7/2016 OMNI Board of Commissioners Meeting December 14, 2016 2.1 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board From: Jason Walker Executive Director 1358 Subject: CRA Board Discussion Item - Scheduling of Dates and Times Enclosures: Discussion regarding OMNI Community Redevelopment Agency's Executive Board meetings and scheduling plans. Packet Pg. 6 2.1 City of Miami Legislation OMNI CRA Discussion OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1358 Final Action Date: DISCUSSION REGARDING OMNI COMMUNITY REDEVELOPMENT AGENCY'S EXECUTIVE BOARD MEETINGS AND SCHEDULING PLANS. Packet Pg. 7 OMNI Board of Commissioners Meeting December 14, 2016 2.2 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director 1359 Subject: 1-395 Reconstruction Project by P.I.O., Mr. Myrick Mitchell from The Brands Advocates, Inc. Enclosures: Discussion regarding 1-395 Reconstruction Project by P.I.O., Mr. Myrick Mitchell from The Brands Advocates, Inc. Packet Pg. 8 2.2 City of Miami Legislation OMNI CRA Discussion OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1359 Final Action Date: DISCUSSION REGARDING 1-395 RECONSTRUCTION PROJECT BY P.I.O., MR. MYRICK MITCHELL FROM THE BRANDS ADVOCATES, INC. Packet Pg. 9 OMNI Board of Commissioners Meeting December 14, 2016 3.1 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 6, 2016 and Members of the CRA Board Jason Walker Executive Director 1357 Subject: Ratification of Emergency Procurement of Commercial Property and General Liability Insurance Enclosures: 1357 Bid Waiver Memo 1357 Backup Document 1357 Property Binder BACKGROUND: It is recommended that the Board of Commissioners of the Omni Redevelopment District Community Development Agency ("CRA") adopt the attached Resolution, by a four -fifths (4/5th) vote, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended, as adopted by the CRA, ratifying, approving, and confirming the CRA Executive Director's finding of an emergency; waiving the requirements for a competitive sealed bidding process and retroactively approving the selection of Century Advisory Services, Inc. d/b/a Century Risk Advisors for the immediate binding and procurement of commercial property and general liability insurance coverage, for two (2) CRA owned capital properties, for a total expenditure amount not to exceed $100,000.00. The CRA owns both the FH2 and MEC properties, located at 1401 N. Miami Avenue, and 50 N.W. 14 Street, Miami, FL, respectively. The MEC property is currently leased to a third party (EUE Screen Gems LTD., Inc.). The third party holds the required insurance coverage for its business operations, as stipulated in the executed lease between the CRA and the third party. However, through ongoing quality control practices, it was discovered that the CRA, as the owner of the MEC property, did not hold commercial property or liability insurance on such property. In the midst of hurricane season and in an effort to protect CRA investments within the redevelopment area, the emergency binding and procurement of commercial property and general liability insurance was deemed essential and critical to the health and safety of the employees and visitors who frequent the CRA's owned capital properties alike. FH2 has an existing general liability insurance policy and it is scheduled to be renewed in December, 2016; however, in an effort to consolidate policy carriers and assure the appropriate commercial property and general liability insurance coverage on CRA owned capital properties, all coverage was bundled and bound under the emergency selection of Century Advisory Services, Inc. d/b/a Century Risk Advisors. Packet Pg. 10 3.1 JUSTIFICATION: Section 4.4, C-5, page 42, of the 2009 OMNI CRA Redevelopment Plan ("Plan") lists the "[Enhancement of] the area's visual attractiveness to businesses and residents," as a stated redevelopment objective. The resolution provides funding for these services. FUNDING: Allocating funds from OMNI Tax Increment Fund, "Other Contractual Services," Account Code No. 10040.920501.534000.0000.00000. Packet Pg. 11 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1357 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S EMERGENCY FINDING THAT IT IS MOST ADVANTAGEOUS FOR THE CRA TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; FURTHER APPROVING THE RETROACTIVE SELECTION OF CENTURY ADVISORY SERVICES, INC. D/B/A CENTURY RISK ADVISORS FOR THE IMMEDIATE BINDING OF COMMERCIAL PROPERTY AND GENERAL LIABILITY INSURANCE COVERAGE FOR TWO (2) CRA OWNED CAPITAL PROPERTIES LOCATED AT 1401 N. MIAMI AVE, AND 50 NW 14 STREET, MIAMI, FL, RESPECTIVELY, FORA TOTAL EXPENDITURE AMOUNT NOT TO EXCEED $100,000.00 FOR BOTH PROPERTIES, EFFECTIVE OCTOBER 4, 2016 THROUGH OCTOBER 4, 2017. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") has found it essential to procure and immediately bind commercial property and general liability insurance coverage for two (2) CRA owned properties located at 1401 N. Miami Avenue, and 50 N.W. 14th Street, Miami, FL, respectively, asserting fiscal responsibility in protecting CRA investments in redevelopment area businesses and residents; and WHEREAS, the protection of properties owned by the CRA is vital to the ongoing redevelopment objectives of the CRA as well as the health and safety of the employees and visitors who frequent the CRA-owned properties; and WHEREAS the Executive Director, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the CRA, approved an emergency bid waiver for the procurement and immediate binding of commercial property and general liability insurance coverage, for a total expenditure amount not to exceed $100,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Board of Commissioners by a four -fifths (4/5) affirmative vote, ratifies, approves, and confirms the Executive Director's emergency finding that it is most advantageous for the CRA to waive the competitive sealed bidding procedures, pursuant to Section 18-90 of the City Code, as amended, as adopted by the CRA and approves the retroactive selection of Century Advisory Services, Inc. D/B/A Century Risk Advisors for the immediate binding of commercial property and general liability insurance coverage for two (2) CRA owned properties located at 1401 N. Miami Avenue, and 50 N.W. 14th Street, Miami, FL, respectively, for a total expenditure amount not to exceed $100,000.00. 3.1 Packet Pg. 12 Section 3. This Resolution shall become effective immediately upon its adoption. 3.1 APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 13 3.1.a Ken Russell Board Chair INTER -OFFICE MEMORANDUM Jason Walker Executive Director To: Board Chair Ken Russell and Members of the CRA Board From: Jason Walker Executive Director Date: November 17, 2016 Subject: Ratification of Emergency Procurement of Commercial Property & General Liability Insurance for CRA Owned Capital Properties BACKGROUND: It is recommended that the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") adopt the attached Resolution, by a four -fifths (4/5th) vote, pursuant to Section 18-90 of the Code of the City of Miami, Florida, as amended, as adopted by the CRA, ratifying, approving, and confirming the CRA Executive Director's finding of an emergency; waiving the requirements for a competitive sealed bidding process and retroactively approving the selection of Century Advisory Services, Inc. d/b/a Century Risk Advisors for the immediate binding and procurement of commercial property and general liability insurance coverage, for two (2) CRA owned properties, for a total expenditure amount not to exceed $100,000.00 for twelve months (12) months of coverage, effective October 1, 2016 through September 30, 2017. In late September, 2016, as Executive Director, I immediately purchased commercial property and general liability insurance, for two (2) properties owned by the CRA and located at 1401 N. Miami Avenue, and 50 N.W. 14 Street, Miami, FL, respectively, in anticipation and preparation of Hurricane Matthew. Although, the immediate threat dissipated, both properties did not have the appropriate coverages in -force, which may have led to the impairment of critical operations and financial loss to the CRA's mission and commitment to the residents of its Redevelopment Area. The binder and election of coverage was executed on September 30, 2016 between the CRA and the policy purveyor. Such binder included a disclaimer noting that "coverage cannot be bound when severe weather is threatening."As a result, in anticipation of, Hurricane Matthew making land -fall in southeast Florida as a Category 5, the CRA's properties were fully insured in case of catastrophic loss. RECOMMENDATION: The finding of an emergency and immediate selection of Century Advisory Services, Inc. d/b/a Century Risk Advisors was essential in protecting the CRA owned properties which support the mission and critical functions within the CRA's redevelopment area. It is recommended that the emergency purchase of insurance for the two (2) CRA-owned properties be approved. OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12°' Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1357 Bid Waiver Memo (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 14 3.1.b Ken Russell Board Chair MEMORANDUM September 27, 2016 Wilshire Insurance Company PO BOX 3328 Omaha, NE 68103 Re: Omni Redevelopment District Community Redevelopment Agency Commercial General Liability Wilshire — Policy No. CL00175744 Policy Term: 10/10/15-16 To Whom It May Concern: Jason Walker Executive Director Effective immediately, please recognize Century Risk Advisors (Century Advisory Services, Inc. d/b/a CRA), 2600 North Military Trail, Suite 240, Boca Raton, FL 33431 as our appointed retail Broker of Record and AmWins Access Insurance Services — Orlando, FL , 11315 Corporate Blvd., Suite 300, Orlando, FL 32817 as our mutual wholesale Broker of Record with respect to the above -noted policy. This letter immediately rescinds and revokes any previous Broker or Agent of Record Letter/s. CRA and/or AmWins is/are hereby authorized to negotiate with the insurance company as respects changes in the above -referenced coverage. CRA and/or AmWins shall not be responsible for any return commissions, uncollected premiums, audits or other financial arrangements, nor shall CRA and/or AmWins be accountable for any deficiencies in the current insurance coverage or contracts to which this letter applies. This letter also constitutes the authority of any company underwriter to furnish representatives of CRA and/or AmWins with any information pertaining to any and all insurance contracts, rates, schedules, surveys, reserves, losses, retentions or other financial data they may require regarding our current or prior insurance. This Letter of Authorization is effective immediately and supersedes any previous authorization provided. I also respectfully request that any waiting period specifically be waived. Y9urs truly, Jbsofi M. er ecutive Director OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 1 2' Floor i Miami, FL 33136 Tel (305) 679-6868 Attachment: 1357 Backup Document (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 15 3.1.b Ken Russell Board Chair September 27, 2016 General Star Indemnity GuideOne National/ Promont RE: Omni Redevelopment District Community Redevelopment Agency New Business Submission Property and General Liability To whom it may concern: Jason Walker Executive Director Please accept this letter as confirmation that to my knowledge, there have been no Property or General Liability losses to either of the following locations: 1. 1401 N Miami Ave., Miami, FL 33136 2. 50 NW 14th St., Miami, FL 33136 Regards, Ln M. Walker Exeiutive Director OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12' Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1357 Backup Document (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 16 3.1.b Client Authorization to Bind and Election of Coverage Important Information: Please keep in mind coverage cannot be bound when severe weather is threatening regardless of the expiration date. After review and careful consideration of your Proposal dated September 16, 2016, we accept your insurance program as presented with the following exceptions, changes, and/or recommendations: Coverage Total Cost of Insurance Yes No Commercial Property - Locations 1 (Firehouse) and 2 (MEC) $80L354.37 x Commercial Property - Location 2 Only (MEC) $64,094.18 x Commercial General Liability - Location 1 (Firehouse) and 2 (MEC) S12,748.39 X Services Option Document Delivery (Policies, Endorsements, Audits) Email x Mail Comments: Client Si 30`. ®Uo Date Sig ed Jason M Wafer Executive Director Print Name Title Omni Redevelopment District Community Redevelopment Agency QC FR A Consultative Insurance and Risk Management Century Risk Advisors Advisors & Brokers Pane 117 1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance Attachment: 1357 Backup Document Packet Pg. 17 3.1.b Surplus Lines Disclosure and Acknowledgment At my direction, Century Advisory Services, Inc. d/b/a Century Risk Advisors has placed my coverage in the surplus lines market. As required by Florida Statute 626.916, I have agreed to this placement. I understand that superior coverage may be available in the admitted market and at a lesser cost and that persons insured by surplus lines carriers are not protected by the Florida Insurance Guaranty Association with respect to any right of recovery for the obligation of an insolvent unlicensed insurer. I further understand the policy forms, conditions, premiums, and deductibles used by surplus lines insurers may be different from those found in policies used in the admitted market. I have been advised to carefully read the entire policy. Omni Redevelopment District Community Redevelopment Agency Named Insured By: Signature of m Insured Da Jason M Walker, Executive Director Printed Name and Title of Person Signing General Star Indemnity / GuideOne Promont Name of Excess and Surplus Lines Carrier Property / General Liability Type of Insurance Effective Date of Coverage OCRA Consultative Insurance and Risk Management Century Risk Advisors Advisors & Brokers PageI18 1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Attachment: 1357 Backup Document Packet Pg. 18 3.1.b POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Date: 9/812016 APP ID: 1768968 Insured Name: OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENC' TRIA PRE! 1RTAI AMOUNT: S4,000 (plus applicable premium tax) You are hereby ratified dor under the Terrorism Risk Insurance Act. as amended. you hove z right to l:urcitase insurance coverage for losses resulting from acts of terrorism. As refrnea /r: Section 102rl t of the Act: The term "act of tetrorisni" means any act or r:ts than are certified by the Secretary of the Treasury -- iu consultation with the Secretary- of Homeland Security. and the Attorney General of the United States — to be an act of terrorism: to be a violent act or an act that is dangerous to human life. property. or infrastructure: to have resulted in damage within the United States. or outside :he United States in the case of certain air carriers or vessels. or premises of a United States mission: and to have been cor.cr..itted by MI individuaI or individuals as part of an effort to coer a the civilian population of the United States or to influence the policy or affect the cor;duct of the United States Government by coercion. YOU' SHCL'LD 101OW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM. SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY TI-M UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISJ-ED BY FEDERAL LAW. HOWEVER. YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGET AFFECT YOLR COVERAGE. SUCH AS AN EXCLT TSION FOR NUCLEAR EVENTS. LTNDER THE FORMULA. THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES [85',, through 2015: 84% beginning ois annary 1. IC 16: S3°o beginning on January 1.:01 is S2`o beainntug on January 1. 201S: SI° o ?: egiur ng on January 1. 2'Dl S aid S4'.o beginning on , aarary i. 2C.20) OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. TIME PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO Is.'s O sir THAT TEE TERRORISM: RISK i'r Si'RANCE ACT. AS AMENDED. CONTAINS A S 100 BILLION CAP THAT LtM1TS U.S. GOVERNMENT REJMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CER1.11-1ED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCHH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $105 BILLION. ;F THE AGGREGATE LNSURED LOSSES FOR ALL INSURERS EXCEED 1 0 BZLION. YOUR COVERAGE MAY BE REDUCED. indicate your election to purchase or not purchase terrorism Insurance coverage by placing an X" in the box provided. Then sign, date and immediately return the form to us. Acceptance or Rejection of Terrorism Insurance Coverage I hereby elect to purchase certified acts of terrorism coverage for a prospective premium of S4000. X I hereby decline to purchase terrorism coverage for certified acts cf terrorism. I understood that I will have no coverage far losses resulting from certified acts of terrorise. The fo[lowing is applicable to Property accounts in Standard Fire Policy (SFP) states where required by state lats•. These states'neiude California. Georgia, Hawaii, Illinois, Iowa. Maine, Missouri, New York, North Carolina, Oregon. Washington, West Virginia. and Wisconsin. I hereby decline to purchase coverage for _erti5ed acts :f terrorism. However. I emderstand that by state Ina coverage will be provided for loss from Ere due to an act of terrorism if required. A premium charge f S5auolies. General Star Indemnity Company Policyholder Applicant's Signature Insurance Company Omni Redevelopment District Community 176875€ Redevelopment Agency 9/19/16 Named Insured Date CRA App ID Consultative Insurance and Risk Management Century Risk Advisors Advisors & Brokers Page 1 19 Packet Pg. 19 3.1.b DISCLOSURE NOTICE OFFER OF TERRORISM INSURANCE COVERAGE Date: 9/12/2016 Narned Insured: Omni Redevelopment District Community Red GuideOne National Insurance Company is required to send you this Notice pursuant to federal legislation concerning terrorism insurance. You are hereby notified that under the Terrorism Riek Insurance Act of 2002 (the "Act"), effective November 26, 2002, you now have a right to purchase insurance coverage for losses arleing out of an act of terrorism as defined in Section 102(1) of the Act ("Terrorism Insurance Coverage"). The term "act of terrorism" means any act that la certified by the Secretary of Treasury, in concurrence with the Secretary of State, and the Attomey General of the United Staten —to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted In damage within the United States, or outside the United States in the case of an air carrier or vessel on the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT, IF YOU PURCHASE IT, COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE FEDERAL GOVERNMENT PAYS 90% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS TERRORISM INSURANCE COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. The provisions of the Terrorism Risk Insurance Act of 2002 can limit our maximum liability for payment of fosses from certified acts of terrorism. That determination will be based on a formula set forth In the law involving the national total of federally insured terrorism losses in an annual period and Individual insurer participation In payment of such losses. If one or more certified acts of terrorism In an annual period causes the maximum liability for payment of losses from certified acts of terrorism to be reached, end we have satisfied cur required level of payments under the law, then we will not pay for the portion of such losses above that maximum. However, that is subject to possible change at that time, as Congress may, under the Act, determine that payments above the cap will be made. The insurance coverage being offered in this Notice is strictly limited to the Terrorism Insurance Coverage mandated by the federal government. Should you elect to purchase Terrorism Insurance Coverage, your policy will remain subject to a Terrorism Exclusion excluding all other acts of terrorism not covered under the Act. ELECTION TO PURCHASE COVERAGE: You must notify the Company in writing of your decision whether or not you wish to purchase Terrorism insurance Coverage by completing, signing, and returning this Notice prior to the issuance of any binder or Policy. CRA Century Risk Advisors Consultative Insurance and Risk Management Advisors& Brokers 1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Attachment: 1357 Backup Document 23 Packet Pg. 20 3.1.b NOTE: YOU MUST COMPLETE, SIGN AND RETURN THIS NOTICE EVEN IF YOU DECIDE NOT TO PURCHASE TERRORISM INSURANCE COVERAGE. This Is the only Notice you will receive on this subject. Thank you for your attention to this matter and prompt response. Please check the appropriate box below: I hereby elect to purchase Terrorism Insurance Coverage for an additional premium of $ 250 . x I hereby waive my right to purchase Terrorism Insurance Coverage. I understand that I will have no coverage of losses arising from "acts of terrorism" as defned in the Policy or by Endorsement. The following must be signed by en owner or corporate officer of the Named Insured. Omni Redevelopment District Community Red Jason M Walker, Executive Director Print N & PositionrTitle t g10 1 90k(0 Date CRA Consultative Insurance and Risk Management Century Risk Advisors Advisors & Brokers Attachment: 1357 Backup Document (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 21 3.1.b SURPLUS LINES DISCLAIMER: You are agreeing to place coverage in the surplus lines market. Superior coverage may be available in the admitted market and at a lesser cost. However, CRA has not located this form of insurance for you from insurers admitted in the State of Florida. We are therefore offering you insurance issued pursuant to the Surplus lanes Laws. Persons insured by Surplus Lines carriers do not have the protection of the Florida Insurance Guaranty Act which means that there is no right of recovery via the Florida Insurance Guaranty Association in the event a Surplus Lines Insurer becomes insolvent. Surplus Lines policies that are subject to audit provide for additional premium charges, but may not allow for return premium. In addition, most Surplus Lines policies contain Minimum Earned Premiums (if cancellations are permitted). Signature of authorized representative confirms s/he understands that Property & Liability coverage are each to be placed with a non -admitted Surplus Lines Carrier PREMIUM FINANCING DISCLAIMER: You may request nnancing trom a premium Finance company to pay the premiums for insurance placed on your behalf by CRA. Premium finance companies that CRA recommends may pay compensation to CRA for helping to arrange the premium financing. It is CRA's practice to seek premium financing through an independent vendor with which CRA has an existing relationship and experience. You may wish to investigate other premium finance arrangements and companies yourself. Unless you instruct us to the contrary and desire premium financing, CRA will arrange premium financing as described above. If you wish to know further details of any compensation which CRA may receive in connection with arranging for your premium financing, we will be pleased to supply the information. INFORMATION CONCERNING OUR FEES: Unless otherwise specifically negotiated and agreed to with our Client, our professional fees are customarily based on commissions paid to us by the insurer, calculated as a percentage of the premium collected by the insurer. We may also receive additional compensation (monetary and non -monetary) from insurers and insurance intermediaries that may be contingent on volume, profitability or other factors pursuant to agreements we may have with them relating to all or part of the business we place with those insurers or through those intermediaries. Such agreements may be in effect with one or more of the insurers with which your insurance is placed, or with the insurance intermediary we engage to place your insurance. We will be pleased to discuss with you further details of any contingent compensation agreements involving to your placement upon your request. Note: This is a coverage summary of proposed renewals, and is not a legal contract. This summary is provided to assist in your understanding of your insurance program, and while terms, conditions, and exclusions have been summarized, the foregoing pages are not all-inclusive. Please refer to the actual policies for specific terms, conditions, limitations and exclusions that will govern in the event of a loss. Specimen copies of all policies are available for review prior to the binding of coverage. In evaluating your exposure to loss, we have been dependent upon information provided by you. If there are other areas that need to be evaluated prior to binding of coverage, please bring these areas to our attention. Should any of your exposures change after coverage is bound, such as your beginning new operation, hiring employees in new states, buying additional property, etc, please let us know so proper coverage(s) can be discussed. Higher limits may be available. Please contact us if you would like a quotation for higher limits or for additional types or extensions of coverage/s. OCRA Consultative Insurance and Risk Management Century Risk Advisors Advisors & Brokers Attachment: 1357 Backup Document (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 22 3.1.b PRIOR CARRIER INFORMATION (continued AGENCY CUSTOMER ID: 00000972 YEAR CATEGORY GENERAL LIAB!MY _ AUTOMOBILE PROPERTY OTHER: CARRIER POLICY NUMBER PREMIUM $ S $ $ EFFECTIVE DATE EXPIRATION DATE CARRIER POUCY NUMBER PREMIUM $ S S $ EFFECTIVE DATE EXPIRATION DATE LOSS HISTORY 1 I Check if none (Attach Loss Summary for Additional Loss Informatlont ENTER ALL CLAIMS OR LOSSES (REGARDLESS OF FAULT AND WHETHER OR NOT INSURED) OR OCCURRENCES THAT MAY GIVE RISE TO CLAIMS FOR THE LAST YEARS TOTAL LOSSES: $ DATE OF OCCURRENCE LINE TYPE TYPE / DESCRIPTION OF OCCURRENCE OR CLAIM DATE OF CLAIM AMOUNT PAID AMOUNT RESERVED SUBRO- YIN CLAIM OPEN YIN SIGNATURE Copy of the Notice of Information Practices (Privacy) has been given to the applicant (Not required In all states, contact your agent or broker for your state's requirements.) PERSONAL INFORMATION ABOUT YOU, INCLUDING INFORMATION FROM A CREDIT OR OTHER INVESTIGATIVE REPORT, MAY BE COLLECTED FROM PERSONS OTHER THAN YOU IN CONNECTION WITH THIS APPLICATION FOR INSURANCE AND SUBSEQUENT AMENDMENTS AND RENEWALS. SUCH INFORMATION AS WELL AS OTHER PERSONAL AND PRIVILEGED INFORMATION COLLECTED BY US OR OUR AGENTS MAY IN CERTAIN CIRCUMSTANCES BE DISCLOSED TO THIRD PARTIES WITHOUT YOUR AUTHORIZATION. CREDIT SCORING INFORMATION MAY BE USED TO HELP DETERMINE EITHER YOUR ELIGIBILITY FOR INSURANCE OR THE PREMIUM YOU WILL BE CHARGED. WE MAY USE A THIRD PARTY IN CONNECTION WITH THE DEVELOPMENT OF YOUR SCORE. YOU MAY HAVE THE RIGHT TO REVIEW YOUR PERSONAL INFORMATION IN OUR FILES AND REQUEST CORRECTION OF ANY INACCURACIES. YOU MAY ALSO HAVE THE RIGHT TO REQUEST IN WRITING THAT WE CONSIDER EXTRAORDINARY LIFE CIRCUMSTANCES IN CONNECTION WITH THE DEVELOPMENT OF YOUR CREDIT SCORE. THESE RIGHTS MAY BE LIMITED IN SOME STATES. PLEASE CONTACT YOUR AGENT OR BROKER TO LEARN HOW THESE RIGHTS MAY APPLY IN YOUR STATE OR FOR INSTRUCTIONS ON HOW TO SUBMIT A REQUEST TO US FOR A MORE DETAILED DESCRIPTION OF YOUR RIGHTS AND OUR PRACTICES REGARDING PERSONAL INFORMATION. (Not applicable in AZ, CA, DE, KS, MA, MN, ND, NY, OR, VA. or WV. Specific ACORD 38s are available for applicants in these states.) (Appticanrs Initials): Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a Toss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Applicable In FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Applicable in KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. Applicable in NJ: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicable In OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law. Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE INQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION. HE/SHE REPRESENTS THAT THE ANSWERS ARE TRUE, CORRECT AND COMPLETE TO THE BEST OF HIS/HER KNOWLEDGE. PRODUCER'S SMi[lA PRODUCER'S NAME (Please Print) Crystal Romero -Sherman STATE PRODUCER LICENSE NO (R 1119535 ) C.�.r..is : 'w+ �--� APPLICANTS SIGNATURE c"1 DA ` NATIONAL PRODUCER NUMBER q7 ��,_8o9o8o1 Attachment: 1357 Backup Document (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) ACORD 125 (2014112) INS775rom�*�� Page 4 of 4 Packet Pg. 23 3.1.b GENERAL INFORMATION (continued) AGENCY CUSTOMER ID: 00000972 EXPLAIN ALL "YES" RESPONSES (For all pastor present operations) Y / N 16. HAS APPLICANT BEEN ACTIVE IN OR IS CURRENTLY ACTIVE IN JOINT VENTURES? N 17. DO YOU LEASE EMPLOYEES TO OR FROM OTHER EMPLOYERS? N LEASE TO WORKERS COMPENSATION COVERAGE CARRIED (YIN) LEASE FROM WORKERS COMPENSATION COVERAGE CARRIED (YIN) 18. IS THERE A LABOR INTERCHANGE WITH ANY OTHER BUSINESS OR SUBSIDIARIES? N 19. ARE DAY CARE FACILITIES OPERATED OR CONTROLLED? N 20. HAVE ANY CRIMES OCCURRED OR BEEN ATTEMPTED ON YOUR PREMISES WITHIN THE LAST THREE (3) YEARS? N 21. IS THERE A FORMAL, WRITTEN SAFETY AND SECURITY POLICY IN EFFECT? N 22. DOES THE BUSINESSES PROMOTIONAL LITERATURE MAKE ANY REPRESENTATIONS ABOUT THE SAFETY OR SECURITY OF THE PREMISES? N REMARKS (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) SIGNATURE Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information conceming any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Applicable In KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of Insurance benefits. *Applies in ME Only. Applicable in NJ: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicable In OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law. Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information In an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE INQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION. HE/SHE REPRESENTS THAT THE ANSWERS ARE TRUE, CORRECT AND COMPLETE TO THE BEST OF HIS/HER KNOWLEDGE. PRODUCER'S3KiN 1U PRODUCER'S NAME (Please Print) Crystal Romero -Sherman STATE PRODUCER LICENSE NO (Required In Florida) E119535 APPLICANTS SIGNATURE ACORD 126 (2014104) Page 4 of 4 INS12612014041 5E30/P01(2 NATIONAL PRODUCER NUMBER 8090801 Attachment: 1357 Backup Document (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 24 3.1.b SIGNATURE AGENCY CUSTOMER ID: 00000972 0) Applicable in AL, AR, DC, LA, MD, NM, RI and WVcc Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. rn Applicable in CO It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. to J m 0) Applicable In FL and OK C9 Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, ms incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable In KS Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by p an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of a an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal co insurance which such person knows to contain materially false information conceming any fact material thereto; or conceals, for the purpose of misleading, information conceming any fact material thereto commits a fraudulent insurance act. m Applicable in KY, NY, OH and PA � Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim O containing any materially false information or conceals for the purpose of misleading, information conceming any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties* (not to exceed five thousand dollars and the stated value of the claim O for each such violation)*. *Applies in NY Only. 0) E 0) It is a crime to knowingly provide false, Incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. O L a Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. 0) Applicable in ME, TN, VA and WA Applicable in NJ Applicable in OR 0) Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to E any material fact may be violating state law. W O Any person who knowingly and with the intention of defrauding presents false information in art insurance application, or presents, helps, or causes the O presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. CC Applicable in PR ti u, T THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE INQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION. HE/SHE REPRESENTS THAT THE ANSWERS ARE TRUE, CORRECT AND COMPLETE TO THE BEST OF HIS/HER KNOWLEDGE. PRODUCEIC5I M, TU _ t:_L.l-:a LS PRODUCER'S NAME (Please Print) Crystal Romero -Sherman STATE PRODUCER LICENSE NO (Requiredin Florida) E119535 APPLICANTS TUBE f t ACORD 140 (2014/12) • Page 3 of 3 INS140 (2014121 5Ebil6oto NATIONAL PROOUCER NUMBER 8090801 rJ Packet Pg. 25 3.1.b SIGNATURE AGENCY CUSTOMER ID: 00000972 G) Applicable in AL, AR, DC, LA, MD, NM, RI and WV C Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. rn co J m d Applicable in FL and OK Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, -0 incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable in KS Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by p an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of d an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal- insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, crs information concerning any fact material thereto commits a fraudulent insurance act. G) Applicable in KY, NY, OH and PA Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim U containing any materially false information or conceals for the purpose of misleading, information conceming any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties* (not to exceed five thousand dollars and the stated value of the claim O for each such violation)'. *Applies in NY Only. Applicable in ME, TN, VA and WA It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. L a Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. 0) ZS) L G) Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to E any material fact may be violating state law. W O Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the O presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a l"a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus ' established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. CC Applicable in CO It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Applicable In NJ Applicable in OR Applicable in PR THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE INQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION. HE/SHE REPRESENTS TI-IAT THE ANSWERS ARE TRUE, CORRECT AND COMPLETE TO THE BEST OF HIS/HER KNOWLEDGE. PRODUCER'S-012NA E `z4 APPLICANTS SIGNATURE PRODUCER'S NAME (Please Print) Crystal Romero -Sherman ACORD 810 (2014/12) Page 3 of 3 INS810 (201412) 9;0/21)10 NATIONAL PRODUCER NUMBER ti M C G) E v m 1 1 8090801 Q �J Packet Pg. 26 3.1.b ACORD STATEMENT OF VALUES DATE(MM/DD/YYYY) 9/21/2016 AGENCY Century Advisory Services, Inc. 2600 N Military Trail, Ste 240 Boca Raton FL 33431 CARRIER NAIL CODE: PAGE Marketing Carrier Non -Specific OF INSURED!APPLICANT Omni Redevelopment POLICY NUMBER 2016 GL/cPP SB EFFECTIVE DATE 9/30/2016 HEADQUARTERS ADDRESS 1401 N Miami Avenue Miami FL 33132 C_ONT'4CT Crystal Romero -Sherman JPHONE ,pip an: (561)409-2420 COINS% APPLICABLE — — X CAUSES OF LOSS BASIC BROAD SPECIAL — — EARTHQUAKE COV FLOOD SPRINKLER LEAKAGE EXCL VANDALISM EXCL — SPECIFIC AVERAGE RATE REQUESTED REQUESTED BLANKET RATE REQUESTED FAX (561)367-3126 mt. rim: 80% DRESS: crystal .romero-ehermanecenturyra.com 90% CODE: I SUBCODE: 100% AGENCY CUSTOMER ID: 00000972 APPLICABLE FORM NUMBERS (Attach completed forms and endorsements that require cample6on to provide necessary Information affecting rates or loss costs) CODE LOgC BLDG if DESCRIPTION AND ADDRESS OF PROPERTY ATION SUBJECT 100%VALUES OR LOSS COST PREMIUM 1 DESC: BI w/ Extra Expense BUSIN 150,000 ADDRESS: 1401 N Miami Avenue Miami FL 33132 1 DESC: Building RC B 3,000,000 ADDRESS: 1401 N Miami Avenue Miami FL 33132 1 DESC: Business Personal Property RC BPP 500,000 ADDRESS: 1401 N Miami Avenue Miami FL 33132 2 DESC: Building RC B 14,000,000 ADDRESS: 50 NW 14th Street Miami FL 33136 2 DESC: BI w/ Extra Expense AA BUSIN 250,000 ADDRESS: 50 NW 14th Street Miami FL 33136 2 DESC: Business Personal Property RC BPP 2,000,000 ADDRESS: 50 NW 14th Street Miami FL 33136 DESC: ADDRESS: DESC: ADDRESS: DESC: ADDRESS: DESC: ADDRESS: DESC: ADDRESS: DESC: ADDRESS: Totals include items found on all pages, not including Loc # z BLNR. TOTAL $ 19,900,000 N/A $ SIGNATURE ALL VALUES AND LOCATION INFORMATION ARE CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ACORD 139 (2014/09) INS139 (201409) m 1996-2014 ACORD CORPORATION. All ght - reserved. The ACORD name and logo are registered marks of ACORD Attachment: 1357 Backup Document (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 27 3.1.c CRA Century Risk Advisors Consultative Insurance and Risk Management Advisors & Brokers October 12, 2016 Mr. Jason Walker Omni Redevelopment District Community Redevelopment Agency 1401 N Miami Avenue Miami, FL 33132 Re: Commercial Property; General Star Indemnity Company, Policy Number IAG966716 Effective Date: 10/1/2016 to Expiration Date: 10/1/2017 Dear Jason: 2600 North Military Trail, St.. Boca Raton, Florida 33431 Main Telephone: 561.409.2420 Facsimile: 561.367.3126 www.CenturyRiskAdvisors.com Thank you for accepting insurance coverage recently proposed by our office to become effective 10/1/2016. We have ordered coverage bound, and at this time we enclose your Insurance Binder/s, or Confirmation of Coverage, to serve as temporary evidence of such insurance pending preparation and receipt of the actual policy or policies by the insurance carrier/s. While we have reviewed these document/s for accuracy, we urge you to take time to make certain that the enclosed forms agree with your records and that no changes are currently required. Please note that the carrier only charged $380 plus tax and fees for the inspection fee, the remaining $380 plus tax and fees will be charged when we endorse location 1 in December. Please feel free to contact Crystal Romero -Sherman at (561)409-2426 or me at any time if you have questions about your new coverage or if any insurance evidence of coverage may be needed by others to whom we've not already provided it. We at Century Risk Advisors look forward to exceeding your expectations as to our risk management counsel and client service. Yours truly, Donna Strandell Account Manager Email: donna.strandell@centuryra.com Attachment: 1357 Property Binder (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Offices in Boca Raton and Coral Gables Packet Pg. 28 3.1.c ArnWINS Brokerage October 3, 2016 Crystal Romero -Sherman Century Risk Advisors 2600 N Military Trail Suite 240 Boca Raton, FL 33431 RE: Omni Redevelopment District Community Red Property AmWINS Brokerage of Florida, Inc. 7108 Fairway Drive Suite 200 Palm Beach Gardens, FL 33418 amwins.com License No.: 3399 PROPERTY CONFIRMATION OF COVERAGE Dear Crystal: In accordance with your instructions to bind coverage, this Confirmation of Coverage confirms that coverage is bound for your client as follows: DATE OF ISSUANCE: 10/3/2016 NAMED INSURED: Omni Redevelopment District Community Red MAILING ADDRESS: 1401 North Miami Avenue Miami, FL 33132 CARRIER: General Star Indemnity Company POLICY NUMBER: IAG966716 POLICY PERIOD: From 10/1/2016 to 10/1/2017 12:01 A.M. Standard Time at the Mailing Address shown above POLICY PREMIUM: $61,750.00 Premium $415.00 Fees $3,205.50 Surplus Lines Taxes $65,370.50 Total TRIA PREMIUM: Rejected MINIMUM EARNED PREMIUM: As per the attached carrier binder Page 1 of 2 Attachment: 1357 Property Binder (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 29 3.1.c POLICY PREMIUM AND SURPLUS LINES TAXES SUMMARY FEES: Fee Taxable Amount Florida Market Inspection Fee Yes $380.00 AmWINS Service Fee Yes $35.00 Total $415.00 Total Fees $415.00 SURPLUS LINES TAX CALCULATION: Description Florida Surplus Lines Tax Stamping Fee DEM EMP Taxable Taxable Fee Tax Basis Rate Tax Premium $61,750.00 $61,750.00 Total Surplus Lines Taxes and Fees $415.00 $415.00 $62,165.00 5.00% $3,108.25 $62,165.00 0.15% $93.25 Flat $4.00 Total $3,205.50 $3,205.50 IMPORTANT NOTICE: THE NONADMITTED & REINSURANCE REFORM ACT (NRRA) WENT INTO EFFECT ON JULY 21, 2011. ACCORDINGLY, SURPLUS LINES TAX RATES AND REGULATIONS ARE SUBJECT TO CHANGE WHICH COULD RESULT IN AN INCREASE OR DECREASE OF THE TOTAL SURPLUS TAXES AND FEES OWED ON THIS PLACEMENT. IF A CHANGE IS REQUIRED, WE WILL PROMPTLY NOTIFY YOU. ANY ADDITIONAL TAXES OWED MUST BE PROMPTLY REMITTED TO AMWINS. ADDITIONAL TERMS AND Payment is due within 20 days of bindings CONDITIONS: See attached for policy terms & conditions The attached Binder from the carrier sets out the precise coverage terms and conditions being bound. Please review this information carefully. If after review, you find any errors in this Confirmation of Coverage or the carrier's Binder, please contact us immediately to discuss. Should you have any questions or need anything further, please feel free to contact me. Thank you for your business. We truly appreciate it. Sincerely, Bryan Herrera Senior Technical Assistant I AmWINS Brokerage of Florida, Inc. T 561.847.8486 I F 877.570.9323 I Bryan.Herrera@amwins.com 7108 Fairway Drive I Suite 200 I I Palm Beach Gardens, FL 33418 On behalf of, Jennifer Klassen Senior Vice President I AmWINS Brokerage of Florida, Inc. T 561.847.8495 I F 877.570.9323 I Jennifer.Klassen@amwins.com 7108 Fairway Drive I Suite 200 I I Palm Beach Gardens, FL 33418 License No.: 0F41738 An AmWINS Group Company amwins.com amwins.com Page 2 of 2 Attachment: 1357 Property Binder (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 30 3.1.c GeneralStar- Named Insured: Locations: Policy Term: Application ID: General Star Management Company BINDING ACKNOWLEDGEMENT OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY 50 North West 14th Street, Miami , FL 33136 per schedule on file with Company 10/1/2016 - 2017 1768968 Company: General Star Indemnity Company A.M. Best A++ XV Causes of Loss: Special including Equipment Breakdown Excluding: Flood, Earthquake, EQSL Forms: X ISO and General Star Forms Limit of Insurance: As shown below - scheduled on policy Sublimits: Ordinance or Law A - Included Ordinance or Law B - 10% of each individual building value Ordinance or Law C - 10% of each individual building value Sewer Back Up - $25,000 Valuation: X X X X RCV (Building Only) Coverage Provided Building Business Personal Property Business Income with Extra Expense including Rental Value ACV NIL Coinsurance Declared Values $14,000,000 Scheduled $2,000,000 Scheduled $250,000 Scheduled Total Declared Values $16,250,000 Premium Inspection Fee Deductibles: Named Storm: 3% of the Limit of Insurance of each insured building at the time of loss, including the Limit of Insurance of any Business Income, Rental Value, or Extra Expense coverage, per calendar year. All other wind or hail: $50,000 per occurrence All other covered causes of loss : $5,000 per occurrence $61,750 + taxes & fees $380 Minimum Earned at Inception: 35%* Our q X X X X X uote is subject to the following conditions: Service of Suit Clause Total Loss Endorsement Asbestos and Toxic Materials Exclusion Absolute Pollution Exclusion *Earned Minimum Premium Endorsement for Catastrophic Windstorm Exposure Attachment: 1357 Property Binder (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 31 3.1.c X X X X X X X X X X X X X X X Comments: Fungus Clean Up and Removal Limitation War, Military Action and Terrorism Exclusion Occurrence Limit of Insurance Endorsement EDP is covered as BPP No blanket coverage - values will be scheduled by building Conditional Exclusions of Terrorism and Related Coverage Provision Thirty (30) days notice of cancellation (45 days in Florida), Ten (10) days for non-payment of premium Exterior Insulation and Finishing Systems Exclusion of Wind, Hail, and Water Damage Catastrophic Cause of Loss Per Occurrence Endorsement Amendment of the Deductible Provision Favorable inspection Confirmation in writing of five (5) year loss history (no property losses) Warrant automatic sprinkler system covering entire building Warrant central station burglar alarm Warrant automatic hood duct extinguishing systems covering all commercial cooking surfaces Special Conditions: * See attached TRIA notice Quote includes General Star's COMPAC Endorsement: • Accounts Receivable $10,000 • Employee Dishonesty $5,000 • Fire Dept Service Charge $2,500 • Monies & Securities $5,000 • Outdoor Property $10,000 (Fence, Radio, TV, Antennas, Signs) (Coverage is limited to specified perils) • Outdoor Property $2,500 (Signs only) (Coverage for all perils not specified) • Outdoor Property $500 each tree / $2,500 each occurrence (Trees, Shrubs or Plants) • Personal Property of Others $1,000 each item / $5,000 each location • Properties in Transit $10,000 • Property Off Premises $15,000 • Valuable Papers and Records.. $10,000 (other than Electronic Data) Quote includes Equipment Breakdown Coverage: • Equipment Breakdown Limit Same as Property Limit • Business Income/EE Same as Property BI/EE Limit, if Applicable • Expediting Expense $25,000 • Hazardous Substances $25,000 • Spoilage $25,000 • Data Restoration $500 • Demolition/ICC Follows Property Coverage • Newly Acquired Locations Follows Property Coverage • Service Inten-uption Follows Property Coverage: 24 Hour Waiting Period Applies NOTE: THIS BINDER IS BEING OFFERED IN RELIANCE ON THE INFORMATION SUBMITTED TO US BY THE APPLICANT. BY ACCEPTING THIS BINDER, THE APPLICANT WARRANTS THAT THE INFORMATION IS TRUE AND COMPLETE AND THAT NO MATERIAL FACTS HAVE BEEN MISREPRESENTED, OMITTED OR SUPPRESSED. REGARDLESS OF THE TERMS AND CONDITIONS REQUESTED, THIS COMPANY IS AGREEING TO PROVIDE THE TERMS AND CONDITIONS PRESENTED ABOVE. PREMIUM DOES NOT INCLUDE SURPLUS LINES TAX, FEES, OR CHARGES. YOU WILL BE RESPONSIBLE FOR ANY AND ALL FILINGS. PLEASE CALL IF YOU NEED Attachment: 1357 Property Binder (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 32 3.1.c CLARIFICATION OF THE ABOVE. IF YOU HAVE NOT ALREADY DONE SO, PLEASE COMPLETE AND SIGN THE ATTACHED TERRORISM RISK INSURANCE ACT POLICYHOLDER NOTICE OF TERRORISM INSURANCE COVERAGE FORM AND IMMEDIATELY RETURN IT TO US. BINDER Broker Responsible for Applicable Surplus Lines Tax or Fees We are considered bound effective 10/1/2016 to 10/1/2017 per the attached quotation. We have assigned Policy Number: IAG966716 Premium: $61,750 Authorized by: Tara Eibe Date: 3-Oct Attachment: 1357 Property Binder (1357 : Ratification of Emergency Procurement of Commercial Property and General Liability Insurance) Packet Pg. 33 OMNI Board of Commissioners Meeting December 14, 2016 3.2 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director 1352 Subject: Grant to the DDA for expanding the "Downtown Enhancement Team Program" into the OMNI CRA Area Enclosures: BACKGROUND: The Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Omni CRA Redevelopment Plan ("Plan"); and The CRA Board of Commissioners passed and adopted in June 30th, 2008; and authorized the issuance of a grant to the Downtown Development Authority (DDA) for expansion of the Downtown Enhancement Team Program into the Media & Entertainment District in the Omni Redevelopment areas. The Board of Commissioners of the Omni CRA wish to allocate grant funds from Account No. 10040.920501.883000, in an amount not to exceed $50,000.00, to the Miami Downtown Development Authority to expand the Yellow Shirts into the Omni Redevelopment Area for a period of one year The Board of Commissioners of the Omni CRA would like to establish its own Enhancement Team by expanding the DDA's Yellow Shirts into the Omni Redevelopment Area, however, requiring those participants sponsored by the Omni CRA to wear purple shirts in order to distinguish them from those participants sponsored by the DDA. JUSTIFICATION: Section 4.4, B., D-5, at page 41 of the Plan, Section 4.4, C., D-1, at page 41 of the Plan, and Section 4.4, D., A-2, at page 42 of the Plan, respectively list providing employment opportunities and upward job mobility for residents, maximizing conditions for residents to live in the area, and the elimination of conditions which contribute to blight as stated redevelopment objectives. FUNDING: Funds from Omni Tax Increment Funds 'Other Grants and Aids " Account Code No 10040.920501.883000 Packet Pg. 34 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1352 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $50,000.00, TO THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY TO EXPAND THE DOWNTOWN ENHANCEMENT TEAM INTO THE OMNI REDEVELOPMENT AREA FOR A PERIOD OF ONE (1) YEAR ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, B., D-5, at page 41 of the Plan, Section 4.4, C., D-1, at page 41 of the Plan, and Section 4.4, D., A-2, at page 42 of the Plan, respectively list providing employment opportunities and upward job mobility for residents, maximizing conditions for residents to live in the area, and the elimination of conditions which contribute to blight as stated redevelopment objectives; and WHEREAS, the Miami Downtown Development Authority ("DDA") sponsors the Downtown Enhancement Team ("Yellow Shirts") within the boundaries of the Downtown District, which transitions formerly homeless individuals into the workforce while keeping the downtown area beautiful; and WHEREAS, the Board of Commissioners of the CRA would like to establish its own Enhancement Team by expanding the DDA's Yellow Shirts into the Omni Redevelopment Area; however, requiring those participants sponsored by the CRA to wear purple shirts in order to distinguish them from those participants sponsored by the DDA; and WHEREAS, the Board of Commissioners of the CRA wishes to allocate grant funds from Account No. 10040.920501.883000, in an amount not to exceed $50,000.00, to the DDA to expand the Yellow Shirts into the Redevelopment Area for a period of one (1) year ("Program"); and WHEREAS, the Executive Director is requesting authority from the Board of Commissioners of the CRA to negotiate and execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: 3.2 Packet Pg. 35 Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. 3.2 Section 2. The Executive Director is authorized to allocate grant funds from Account No. 10040.920501.883000, in an amount not to exceed $50,000.00, to the Miami Downtown Development Authority to expand the Yellow Shirts into the Redevelopment Area for a period of one (1) year. Section 3. The Executive Director is authorized to execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel. Section 4. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: 11� Fj[) -ice —1 a VICTORIA MENDEZ, GENERAL COUNSEL 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the General Counsel. Packet Pg. 36 OMNI Board of Commissioners Meeting December 14, 2016 3.3 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director Subject: Building Facade Grant with Chapman Partnership 1370 Enclosures: 1370 Bid Waiver Memo 1370 Building Paint BIDS 1370 CHAPMAN Funds Solicitation BACKGROUND: It is recommended that the Board of Commissioners of the OMNI Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing the execution of a Building Facade Program Grant and rehabilitation services for the Chapman Partnership Building in the OMNI CRA area at a total cost not to exceed $ 60,000.00. JUSTIFICATION: Section 4, Goal D/ Principles A-2, C-4 and C-5, at page 42, of the 2009 OMNI CRA Redevelopment Plan, lists [eliminate conditions which contribute to blight], encourage the restoration of historic buildings and [enhance the area's visual attractiveness to businesses and residents], by creating opportunities for new development through improvements to the public realm. Section 4.4, C., D-1, at page 41 of the Plan, Section 4.4, D., A-2, at page 42 of the Plan and Section 4.4, E., D-7, at page 42 of the Plan, respectively list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives. FUNDING: Allocating funds from Omni CRA General Operating Budget, "Other Grants and Aids" ACCOUNT NO. 10040.920501.883000 Packet Pg. 37 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1370 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $60,000.00, TO CHAPMAN PARTNERSHIP, INC. FOR FA?ADE IMPROVEMENTS ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan, and Section 4.4, D., A- 2, at page 42 of the Plan, respectively list maximizing conditions for residents to live in the area and the elimination of conditions which contribute to blight as stated redevelopment objectives; and WHEREAS, the Board of Commissioners wishes to allocate grant funds from Account No.10040.920501.883000, in an amount not to exceed $60,000.00 ("Funds"), to Chapman Partnership, Inc. for facade improvements ("Program"); and WHEREAS, the Executive Director has made a written finding pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the Board of Commissioners by Resolution No. CRA-R-16-0042, that competitive negotiation methods and procedures are not practicable or advantageous to the CRA in allocating grant funds to effectuate the Program, and has recommended to the Board of Commissioners that the finding be adopted and that competitive bidding methods and procedures be waived; and WHEREAS, the Executive Director is requesting authority from the Board of Commissioners to negotiate and execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel; 3.3 Packet Pg. 38 3.3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's finding that competitive negotiation methods and procedures are not practicable or advantageous to the CRA pursuant to Section 18- 85(a) of the City Code, as amended, as adopted by the CRA, and waiving the requirements for said procedures, is ratified, approved and confirmed. Section 3. The Executive Director is authorized to allocate grant funds from Account No. 10040.920501.883000, in an amount not to exceed $60,000.00, to Chapman Partnership, Inc. for facade improvements. Section 4. The Executive Director is authorized to execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel. Section 5. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: 4-4 VICTORIA MENDEZ, GENERAL COUNSEL 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the General Counsel. Packet Pg. 39 3.3.a Ken Russell Board Chair INTER -OFFICE MEMORANDUM Jason Walker Executive Director TO: Board Chair Ken Russell and Members of the CRA Board FROM: Jason Walker Executive Director DATE: November 13, 2016 SUBJECT: Recommendations and findings to waive competitive negotiation procedures per City Code, authorizing the allocation of grant funds to Chapman Partnership, Inc. for the Facade Improvements Program BACKGROUND The Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2009 CRA Redevelopment Plan ("Plan"). The CRA approved and adopted Resolution No. CRA-R-16-0040, authorizing the Executive Director to implement the findings of the Grand Jury Report for Miami -Dade County recommending that tax increment funds ("TIF") received by the CRA, be used primarily for removal of slum and blight, and assisting with affordable housing for families and individuals of low or moderate income. The CHAPMAN PARTNERSHIP, Inc. ("Chapman") has vast experience in operating homeless assistance centers throughout Miami -Dade County, its largest of which is located within the CRA's identified redevelopment area (Miami Center), which serve men, women and families with children annually. Chapman's highly specialized comprehensive support program, which includes emergency housing, meals, health, dental and psychiatric care, day care, job training, job placement and assistance with securing stable housing unit, is a mission critical component in empowering residents to become self-sufficient and independent, thereby directly reducing slum and blight. Chapman's Miami Center is in dire need of improvements to its building facade. Chapman had allocated funds within its FY 2016-17 budget for the purpose of funding the facade improvements, however found it essential to redirect such funds to serve its homeless residents. Thereafter, Chapman requested aid from the CRA in the amount of $60,000.00 in grant funding, and included three (3) price quotes from painting and waterproofing contractors, which they had solicited for in preparation to responsibly repair its facade. Price quotes garnered by Chapman are provided hereto as Attachment A. OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12"' Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1370 Bid Waiver Memo (1370 : Building Facade Grant with Chapman Partnership) Packet Pg. 40 CHAPMAN PARTNERSHIP, INC. 3.3.a Page2of2 RECOMMENDATION In light of Chapman's commitment to the principles identified in the CRA's Plan for well over twenty (20) years, in addition to the fact that the Executive Director completed his review and vetting of Chapman's request for aid in accordance with the Plan, and committed to allocating grant funding to Chapman prior to the CRA adopting Resolution No. CRA-R16-0042 on September 13, 2016, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable nor advantageous to the CRA as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 (a), and the affirmation of these written findings and the forwarding of the same to the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency for ratification by a four -fifth (4/5th) vote is respectfully requested. OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12°a Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1370 Bid Waiver Memo (1370 : Building Facade Grant with Chapman Partnership) Packet Pg. 41 LDM Industries, Inc. 14580 SW 173 St. Miami, Florida 33177 (305) 216-1545 eMail: LDMlndustrieslnc@aol.com Proposed To Chapman Partnership Thomas Pilla 1550 North Miami Ave Miami, FL 33136 Tel: 305 329-3091 Fax: eMail: tpilla@chapmanpartnership.org Terms Customer PO Proposal No. 03488 Project exterior paint work 1550 North Miami Ave Miami, FL 33136 Tel: 305 329-3091 Fax: eMail: Branch Lonie Type Proposal Date 7/16/2016 Start Date Commercial We submit the following specification for Scope of Work listed below. 3.3.b LDM Industries inc. proposes to furnish all labor,materials,equipment and all supervision to complete scope of work: Apply one coat of Jomax mold and mildew remover with pump spray prior to pressure cleaning. Pressure clean complete exterior surface of interior corridor walls and ceilings and complete exterior surface walls Apply elastomeric compound patch to all hairline cracks. Light sand and degloss all (74) metal doors. Apply (2) coats of DTM enamel to all metal doors. Apply (1) one coat of tinted 100% acrylic exterior masonry conditioner/sealer to all walls approx 70,662sgft. Apply (2) two coats of exterior 100% acrylic Super Paint satin paint to all preped ready stucco thruout complete building. Note:All work performed will be completed on normal working business hours in phases which includes all corridors,stair walls and exterior walls. No window frames and railing to be painted. All areas of work will be blocked off with caution tape and cones daily. All phases of work will be inspected by a Sherwin Williams Paint representative to insure workmanship for (6) year manufacture warranty. All area will be swept and cleaned daily LDM will provide photos of areas prior to work and after completion LDM will provide all boom lift and/or scaffles to complete work. LDM will require a staging area and parking for the boom lift for the duration of the project. Price: Complete Paintwork:$59,880.00 Price includes Labor, materials, Boomlift/scaffle Any additions and/or subtractions to original contract will be applied to a change order. All labor and material provided by LDM Industries, Inc. All materials to be Sherwin Williams Paint Work shall be performed in accordance with manufacturer's specification. LDM Industries, Inc. is not liable for any delays due to circumstances beyond its control including strikes, casualty, rain, windstorm or general unavailability of materials. Packet Pg. 42 PROPOSAL 07/19/2016 Mr: Chapman Partnership 1550 N. miami Ave, Miami,FL 33136 28205 SW 124 court, Homestead, FL 33033 WE HEREBY PROPOSE TO FURNISH ALL THE MATERIAL AND PERFORM ALL OF THE WORK SHOWN ON THE SCOPE OF WORK DESCRIBED. SCOPE OF WORK: EXTERIOR BLD PAINT ALL EXTERIOR BLD PRESURE CLEANING FIX ALL CRACKS CAULKING AROUND WINDOWS AND DOORS PRIMER PAINT WITH TWO COATS NOTE ALL PAINT ,BRAND AND COLORS CHOICE BY OWNER WARRANTY WELL BE X 10 YEARS APROX THE BLD ALL AROUND AND INTERIOR ARE 68,650 SQ FT NOTE(APPROX. 100 DOORS EACH DOOR WILL CHARGE $40 DOLLARS PER DOOR IF YOU DON'T WANT TO PAINTING WILL BE $4,000,00 LESS OF THE ORIGINAL PRICE) AUTHORIZED REPRESENTATIVE DATE CARLOS ARANGO DATE 3.3.b Packet Pg. 43 3.3.b j Alain (Gus) Rosado July 20, 2016 Chapman Partnership 1550 N Miami Ave Miami, FL 33136 Attention: Licensed and Insured Proposal japaintmiami@gmail.com Se Habla Espanol 786-525285 As per your request, J&A Painting and Waterproofing, Inc. proposes to furnish all labor, tools and materials to complete all work as described below. Scope of work: • Paint Existing Building Exteriors Scope of work exterior: 2 - Story Building. 106,000 SQ FT • Pressure Clean all Exterior 4000 PSI. • All existing Minor Stucco cracks shall be filled using Vertical Wall Patch as per manufacture's specifications. • Apply (1) Coat of Loxon Primer as per manufacture's specifications. (1370 : Building Facade Grant with Chapman Partnership) Attachment: 1370 Building Paint BIDS Packet Pg. 44 • Apply (2) Coats of Super Paint Latex Paint with 7 Year Warranty as per manufacture's specifications on Front of the building. • Include boom lift 40 feet rental Extra: • Paint Doors with All Surface Enamel $2,000.00 Exclusions: • Any Architecture and Engineering Fees if applicable. • Permitting fees • Additional work required by for Compliance and/or Building Department • Trimming/Cutting Back Existing Trees around the perimeter of the Building is if required Excluded. PROFESSIONAL FEES: The total cost of work that would be performed is $74,500.00 (Seventy Four Thousand Five Hundred Dollars). This includes the scope of work listed above of this document other than those illustrated that will be provided by the Client listed under Exceptions. Any requirements that go beyond the scope of work will be adjusted as a change order. Any change orders will be provided in writing and approved before work commences. PAYMENT SCHEDULE: Deposit at Start - $ 15,000.00 After Primer $ 15,000.00 Due at Completion - $ 44,500.00 Total - $ 74,500.00 CLOSING: Date: Signed: We appreciate the opportunity to provide our services to you. If you accept this proposal, Please sign one copy and return it to us with a 30% deposit of total cost. This proposal is valid for 30 days. If you have any further questions please do not hesitate to call. Sincerely, 3.3.b Packet Pg. 45 3.3.c partnership - Empowering the Homeless October 19, 2016 Jason Walker Executive Director Omni Community Redevelopment Agency 1401 N Miami Avenue Miami, FL 33136 Dear Mr. Wacker: We are so humbly requesting a donation in the amount of $60,000, to be used for the painting and facade of the outside of the Chapman Partnership center located at 1550 N. Miami Avenue, Miami, FL, 33136. Chapman Partnership had the money allocated for this in the Budget FY 16-17, however, we will now use the funds for other programs needed to serve the homeless in our community. We are deeply grateful for your generosity, consideration and contribution. Best Regards, H. Daniel Vincent President & CEO I1DV:kgv H. Daniel Vincent President & CEO 0 ,{rja4�i1#.Jlli l�lFl�17�,ii�.�I�..''��'lilillri_jay,'r[hr.;:�4�Idtr. 'F�}7, ill ;r1i F,, ti,..: ?��_ •41��.,. I,.i�,..� OW: V1.ri io, ipI I!I I11i Packet Pg. 46 OMNI Board of Commissioners Meeting December 14, 2016 3.4 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director 1371 Subject: Grant to Camillus House for the "Miami Shelter Program" Enclosures: 1371 Bid Waiver Memo BACKGROUND: It is recommended that the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing the issuance of a grant, in an amount not to exceed One Hundred Seventy Five Thousand ($ 175,000.00), to Camillus House, Inc. to underwrite costs associated with the " Miami Shelter Program." JUSTIFICATION: Section 4.4, C., D-1, at page 41 of the Plan, Section 4.4, D., A-2, at page 42 of the Plan and Section 5.5, at pages 94-95 of the Plan, respectively list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and strategies to improve human services delivery as stated redevelopment objectives. Camillus House, Inc. is an entity that addresses the aforementioned issues in the Redevelopment Area and has sought funds from the OMNI CRA for the "Miami Shelter Program" (Program") Camillus House, Inc. has a proven track record of helping the homeless population, in particular the chronic homeless as well as the homeless population in the Redevelopment Area, and the Program would further its efforts in this regard. The Board of Commissioners of the CRA wish to allocate grant funds from Account No.10040.920501.883000, in an amount not to exceed $175,000.00 ("Funds"), to Camillus House, Inc. to underwrite a portion of the costs associated with the Program. The Board of Commissioners finds that the objectives of the Plan would be furthered by the provision of additional services to the homeless in the form of the Funds provided herein. This Resolution carries out the objectives of the Omni Redevelopment Plan. FUNDING: Funds from Omni Increment Fund °`Other Grants and Aids" Account Code No 10040.920501.883000 Packet Pg. 47 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1371 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $175,000.00, TO CAMILLUS HOUSE, INC. TO UNDERWRITE A PORTION OF COSTS ASSOCIATED WITH THE "MIAMI SHELTER PROGRAM" ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan, Section 4.4, D., A-2, at page 42 of the Plan and Section 5.5, at pages 94-95 of the Plan, respectively list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and strategies to improve human services delivery as stated redevelopment objectives; and WHEREAS, the ongoing issues related to homelessness, including chronic homelessness, have had a deleterious effect on the Redevelopment Area by inhibiting development and adversely impacting the quality of life of area residents; and WHEREAS, Camillus House, Inc. is an entity that addresses the aforementioned issues in the Redevelopment Area and has sought funds from the CRA for the "Miami Shelter Program" ("Program"); and WHEREAS, Camillus House, Inc. has a proven track record of helping the homeless population, in particular the chronic homeless as well as the homeless population in the Redevelopment Area, and the Program would further its efforts in this regard; and WHEREAS, the Board of Commissioners wishes to allocate grant funds from Account No.10040.920501.883000, in an amount not to exceed $175,000.00 ("Funds"), 3.4 Packet Pg. 48 to Camillus House, Inc. to underwrite a portion of the costs associated with the Program; and 3.4 WHEREAS, the Board of Commissioners finds that the objectives of the Plan would be furthered by the provision of additional services to the homeless in the form of the Funds provided herein; and WHEREAS, the Executive Director has made a written finding pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the Board of Commissioners by Resolution No. CRA-R-16-0042, that competitive negotiation methods and procedures are not practicable or advantageous to the CRA for allocating grant funds and underwriting a portion of the costs associated with the Program and has recommended to the Board of Commissioners that the finding be adopted and that competitive bidding methods and procedures be waived; and WHEREAS, the Executive Director is requesting authority from the Board of Commissioners to negotiate and execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's finding that competitive negotiation methods and procedures are not practicable or advantageous to the CRA pursuant to Section 18- 85(a) of the City Code, as amended, as adopted by the CRA, and waiving the requirements for said procedures, is ratified, approved and confirmed. Section 3. The Executive Director is authorized to allocate grant funds from Account No. 10040.920501.883000, in an amount not to exceed $175,000.00, to Camillus House, Inc. to underwrite a portion of the costs associated with the "Miami Shelter Program". Section 4. The Executive Director is authorized to execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel. Section 5. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: The herein authorization is further su ject to compliance with all requirements that may be imposed by the General Counsel. Packet Pg. 49 3.4 VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 50 3.4.a Ken Russell Board Chair INTER -OFFICE MEMORANDUM Jason Walker Executive Director TO: Board Chair Ken Russell and Members of the CRA Board FROM: Jason Walker Executive Director DATE: November 13, 2016 SUBJECT: Recommendations and findings to waive competitive negotiation procedures per City Code, authorizing the allocation of grant funds to Camillus House, Inc. for the Miami Shelter Program BACKGROUND The Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2009 CRA Redevelopment Plan ("Plan"). The CRA approved and adopted Resolution No. CRA-R-16-0040, authorizing the Executive Director to implement the findings of the Grand Jury Report for Miami -Dade County recommending that tax increment funds ("TIF") received by the CRA, be used primarily for removal of slum and blight, and assisting with affordable housing for families and individuals of low or moderate income. CAMILLUS HOUSE, INC. ("Camillus"), is the oldest (50+ years) and largest continuously operated charities in South Florida, offering humanitarian services to the indigent and homeless population. Camillus possess a unique and highly specialized expertise in assisting chronic homeless and offering mental health, as well as, substance abuse disorders treatment, through its Miami Shelter Program ("Program"). Camillus's mission critical belief that each human life is to be respected; providing all clients with dignified basic human needs such as food, clothes and shelter, specifically addresses deleterious effects to the CRA's redevelopment area. Camillus requested aid from the CRA in the amount of $175,000 in grant funding, towards underwriting a portion of the costs associated with the Program, and furthering its efforts through the provision of additional services to the homeless. The Executive Director reviewed and vetted Camillus's request, in accordance with the objectives of the Plan. RECOMMENDATION In light of the above mentioned, in addition to Camillus's commitment to the principles identified in the CRA's Plan for well over fifty (50) years, and in consideration of the Executive Director's pledge to allocate grant funding to Camillus prior to the CRA adopting Resolution No. CRA-R16- 0042 on September 13, 2016, approval of a waiver of the formal requirements of competitive OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12"' Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1371 Bid Waiver Memo (1371 : Grant to Camillus House for the "Miami Shelter Program") Packet Pg. 51 CAMILLUS HOUSE, INC. 3.4.a Page2of2 sealed bidding methods as not being practicable nor advantageous to the CRA as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 (a), and the affirmation of these written findings and the forwarding of the same to the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency for ratification by a four -fifths (4/5th) vote is respectfully requested. OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12°a Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1371 Bid Waiver Memo (1371 : Grant to Camillus House for the "Miami Shelter Program") Packet Pg. 52 OMNI Board of Commissioners Meeting December 14, 2016 3.5 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director 1355 Subject: Revocable License Agreement with the City of Miami; (NET) Licensee for use of OMNI CRA Office Space Enclosures: BACKGROUND: The Omni Redevelopment District Community Redevelopment Agency ("CRA") owns certain real property located at 1401 North Miami Avenue ("Property"); and The City of Miami ("Licensee") has expressed interest in utilizing the Property for the purpose of operating a Neighborhood Enhancement Team (NET) office; and The Board of Commissioners of the CRA and the Licensee desire to enter into a Revocable License Agreement ("Agreement") for the Licensee's use of the property. JUSTIFICATION: Section 4.4, B., D-5, at page 41 of the Plan, Section 4.4, C., D-1, at page 41 of the Plan, and Section 4.4, D., A-2, at page 42 of the Plan, respectively list providing employment opportunities and upward job mobility for residents, maximizing conditions for residents to live in the area, and the elimination of conditions which contribute to blight as stated redevelopment objectives. FUNDING: This item does not use Omni CRA Increment Tax Funding. Packet Pg. 53 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1355 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, BETWEEN THE CRA AND THE CITY OF MIAMI ("LICENSEE"), FOR THE USE OF APPROXIMATELY 200 SQUARE FEET OF CRA-OWNED PROPERTY LOCATED AT 1401 NORTH MIAMI AVENUE, FOR THE PURPOSE OF OPERATING A NEIGHBORHOOD ENHANCEMENT TEAM OFFICE ("NET"), COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CRA OF ONE DOLLAR ($1.00), PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") owns certain real property located at 1401 North Miami Avenue ("Property"); and WHEREAS, the City of Miami ("Licensee") has expressed interest in utilizing the Property for the purpose of operating a Neighborhood Enhancement Team office; and WHEREAS, the Board of Commissioners of the CRA and the Licensee desire to enter into a Revocable License Agreement ("Agreement") for the Licensee's use of the property; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is authorized to execute an Agreement, in a form acceptable to the General Counsel, between the CRA and the Licensee, for use of approximately 200 square feet of the CRA-owned Property, for the purpose of operating a Neighborhood Enhancement Team office, with the Licensee to pay a monthly use fee to the CRA of one dollar ($1.00), plus State of Florida Use Tax (if applicable), with additional terms and conditions as more particularly set forth in said Agreement. 3.5 Packet Pg. 54 Section 3. This Resolution shall become effective immediately upon its adoption.' 3.5 APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the General Counsel. Packet Pg. 55 OMNI Board of Commissioners Meeting December 14, 2016 3.6 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director BACKGROUND: 1368 Subject: Facade Program Services Agreement with Rebuilding Together Miami -Dade, Inc. Enclosures: 1368 Bid Waiver Memo 1368 MDC Districts Homes 1368 Rebuilding Together Proposal It is recommended that the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing the execution of a professional services agreement between the Omni CRA and Rebuilding Together Miami -Dade, Inc.; to provide a "Home Improvement Facade Program" and rehabilitation services for residential homes in the Omni CRA for a period of one (1) year, at a total cost not to exceed $ 700,000.00. JUSTIFICATION: Section 4, Goal D/ Principles A-2, C-4 and C-5, at page 42, of the 2009 Omni CRA Redevelopment Plan, lists "[eliminate conditions which contribute to blight], "encourage the restoration of historic buildings and [enhance the area's visual attractiveness to businesses and residents], by creating opportunities for new development through improvements to the public realm. Section 4.4, C., D-1, at page 41 of the Plan, Section 4.4, D., A-2, at page 42 of the Plan and Section 4.4, E., D-7, at page 42 of the Plan, respectively list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives. FUNDING: Allocating funds from Omni CRA General Operating Budget, "Other Grants and Aids" ACCOUNT NO. 10040.920501.883000 Packet Pg. 56 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1368 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $700,000.00, TO REBUILDING TOGETHER MIAMI-DADE, INC. TO PROVIDE PARTIAL FUNDING FOR A "HOME IMPROVEMENT FA2ADE PROGRAM" ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan, Section 4.4, D., A-2, at page 42 of the Plan and Section 4.4, E., D-7, at page 42 of the Plan, respectively list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives; and WHEREAS, the Board of Commissioners finds that Rebuilding Together Miami - Dade, Inc. is an entity that can assist with accomplishing the above objectives of the Plan through the rehabilitation of building facades within the Redevelopment Area; and WHEREAS, the Board of Commissioners wishes to allocate grant funds from Account No.10040.920501.883000, in an amount not to exceed $700,000.00 ("Funds"), to Rebuilding Together Miami -Dade, Inc. to provide partial funding for a "Home Improvement Fapade Program" ("Program"); and WHEREAS, the Executive Director has made a written finding pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the Board of Commissioners by Resolution No. CRA-R-16-0042, that 3.6 Packet Pg. 57 3.6 competitive negotiation methods and procedures are not practicable or advantageous to the CRA for obtaining said services, and has recommended to the Board of Commissioners that the finding be adopted and that competitive bidding methods and procedures be waived; and WHEREAS, the Executive Director is requesting authority from the Board of Commissioners to negotiate and execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's finding that competitive negotiation methods and procedures are not practicable or advantageous to the CRA pursuant to Section 18- 85(a) of the City Code, as amended, as adopted by the CRA, and waiving the requirements for said procedures, is ratified, approved and confirmed. Section 3. The Executive Director is authorized to allocate grant funds from Account No. 10040.920501.883000, in an amount not to exceed $700,000.00, to Rebuilding Together Miami -Dade, Inc. to provide partial funding for a "Home Improvement Facade Program". Section 4. The Executive Director is authorized to execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel. Section 5. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly to vendors upon presentation of invoices and satisfactory documentation. Section 6. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the General Counsel. Packet Pg. 58 3.6.a Ken Russell Board Chair INTER -OFFICE MEMORANDUM Jason Walker Executive Director TO: Board Chair Ken Russell and Members of the CRA Board FROM: Jason Walker Executive Director DATE: November 13, 2016 SUBJECT: Recommendations and findings to waive competitive negotiation procedures per City Code, authorizing the allocation of grant funds to Rebuilding Together Miami -Dade, Inc. for the Home Improvement Facade Program BACKGROUND The Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2009 CRA Redevelopment Plan ("Plan"). The CRA approved and adopted Resolution No. CRA-R-16-0040, authorizing the Executive Director to implement the findings of the Grand Jury Report for Miami -Dade County recommending that tax increment funds ("TIF") received by the CRA, be used primarily for removal of slum and blight, and assisting with affordable housing for families and individuals of low or moderate income. REBUILDING TOGETHER MIAMI-DADE, INC. ("Rebuilding"), possess vast and highly specialized expertise in providing critical home repairs to qualified homeowners in Miami -Dade County through its Home Improvement Facade Program ("Program"). Rebuilding's mission, through its community outreach program, is to preserve homeownership and revitalize neighborhoods at no cost to low income, elderly, military veterans, and disabled homeowners. Moreover, Rebuilding has an established presence within the CRA's community and redevelopment area, with a history of providing help and working with community partners to revitalize neighborhoods and reduce social blight. Rebuilding aspires to preserve the existing affordable housing stock located in the CRA, and low- income residents are in desperate need of critical home repairs to make their homes healthy, safe and dry. Rebuilding's objective is to keep such residents in their residences so they may age in place with dignity. Rebuilding requested aid from the CRA in the amount of $700,000 in grant funding, towards underwriting a portion of the costs associated with the Program, and furthering its organizational mission through the provision critical home repairs at no cost to qualified homeowners. The Executive Director reviewed and vetted Rebuilding's request, in accordance with the objectives of the Plan. OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12"' Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1368 Bid Waiver Memo (1368 : Facade Program Services Agreement with Rebuilding Together Miami -Dade, Inc.) Packet Pg. 59 REBUILDING TOGETHER MIAMI-DADE, INC. 3.6.a Page2of2 RECOMMENDATION In light of the above mentioned, in addition to Rebuilding's commitment to the principles identified in the CRA's Plan for well over twenty-three (23) years, and in consideration of the Executive Director's pledge to allocate grant funding to Rebuilding prior to the CRA adopting Resolution No. CRA-R16-0042 on September 13, 2016, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable nor advantageous to the CRA as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 (a), and the affirmation of these written findings and the forwarding of the same to the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency for ratification by a four - fifths (4/5th) vote is respectfully requested. OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12"d Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1368 Bid Waiver Memo (1368 : Facade Program Services Agreement with Rebuilding Together Miami -Dade, Inc.) Packet Pg. 60 1 3.6.b Miami Dade County Districts Rebuilding Together Miami -Dade, Inc. Houses Completed: 2008 to 6/27/2016 District Number District Commissioner Homes Completed 1 Barbara J. Jordan 43 2 Jean Monestine 9 3 Audrey M. Edmonson 9 4 Sally A. Heyman 1 5 Bruno A. Barreiro 5 6 Rebecca Sosa 4 7 Xavier L. Suarez 79 8 Daniella Levine Cava 14 9 Dennis C. Moss 178 10 Senator Javier D. Souto 1 11 Juan C. Zapata 1 12 Jose "Pepe" Diaz 2 13 Esteban Bovo Jr. 2 Packet Pg. 61 3.6.b 2 Juan C. Zapata Dennis C. Moss _Tt 10a Javier D. Souto iellp LJ+ne _. ava 1 L 1 8 Barbara J. Jordan Sally A. Heyman ;F t ' 1. Jean °-- Monestine • r q .471 Audrey M.-- Edmonson • Bruno A. Barreiro Packet Pg. 62 3.6.b 3 Packet Pg. 63 3.6.c Rebuilding 4 Together. Miami Dade Proposal Rebuilding Together Miami -Dade, Inc.(RTMD) is a 501(c)3 non-profit organization whose mission is to preserve homeownership and revitalize neighborhoods by providing critical home repairs to low- income, elderly, military veterans, and disabled homeowners at no cost to the homeowners so they may live independently, safely and with dignity. RTMD believes in a safe and healthy home for every person. Rebuilding Together Miami is one of 150 affiliates of the largest volunteer organization that preserves homeownership in the nation. Founded in 1993, RTMD has rehabbed approximately 655 homes, including 74 military veteran homes, in Miami -Dade donating 7.3 million dollars of market value work to the community. The average income for the homeowners RTMD serves is $17,400; the average age is 72 years old, and the average number of years in the house is 35 years. One hundred percent of the homeowners served are between 80% and 30% of the HUD Area Median Income. Sixty percent (60%) of the homeowners are disabled. The ethnic breakdown is 90% African American, 9% Hispanic and 1% Caucasian. Homeowners in RTMD's target population includes the 18% of Dade County residents who live below the poverty level; the 58% of Dade County residents who are homeowners and the 14% of residents who are over the age of 65. Poverty level as defined by HUD guidelines is 30 — 80% of the Area Median Income which is $48,100 for Miami -Dade County. RTMD works in many areas of Dade County that exceed those figures. For example, 30% of West Grove residents live below poverty level; 27% of West Perrine residents live below poverty level; 37% of Naranja residents live below the poverty level; 43 % of Florida City live below the poverty line. Most of the oldest housing stock in Dade County is in target areas — Neighborhood Revitalization Strategy Areas (NRSA) and Neighborhood Development Zones (NDZ) which RTMD serves. Rebuilding Together Miami has twenty-three years of experience of providing year round assistance to qualified homeowners in Dade County. Attached is a map of the Dade County Districts in which Rebuilding Together Miami has worked in the last eight years and the number of completed homes in each district. Most recently the West Perrine CRA, the Naranja CRA and Florida City have provided funding for Rebuilding Together Miami to complete multiple projects in their respective areas reducing the social blight of their neighborhood. (See map). The intake process begins with the homeowners completing a RTMD application. The criteria includes income that meets HUD guidelines, single family home ownership and disability. RTMD includes veterans who meet the criteria as well. Candidates are interviewed, the home assessed and scope of work determined. It is difficult to project a budget for the project without knowing number of homes and degree of work to be done along with ancillary costs related to working in the CRA district. We anticipate that the homes will need major rehab work which may cost between $20,000 and $50,000 1 Attachment: 1368 Rebuilding Together Proposal (1368 : Fagade Program Services Agreement with Rebuilding Together Miami -Dade, Inc.) Packet Pg. 64 3.6.c per unit. Our understanding is the Omni CRA will help to identify the homeowners through a community outreach program Each home receives significant energy efficiency through sustainable energy components including new roofs, roof repairs, insulation, weatherization, plumbing and electrical repairs. Homes need repairs to combat moisture, pests, mold, lead exposure, asthma, allergies and safety issues. Roofs, termites, ADA bathroom modifications and other home modifications to accommodate disabled homeowners are the most common repairs that RTMD completes. All RTMD homes receive a Healthy Home Kit which includes grab bars, non -slip mats, smoke alarms, house numbers, fire extinguishers, levered door handles, night lights and motion lights. RTMD has adopted a green strategy in all of its rehab projects. Rebuilding Together Miami has a presence in the community with a history of providing help and working with community partners to revitalize neighborhoods and reduce social blight. Once the homes are identified RTMD can implement a program of rehabilitating homes in a timely fashion. RTMD wishes to preserve the existing affordable housing stock located in the OMNI CRA. The low-income residents of Miami -Dade are in desperate need of critical home repairs to make their homes healthy, safe, and dry so they may age in place with dignity. Submitted by: Donna Fales Executive Director, Rebuilding Together Miami Dfales.rtmiami@gmail.com 305-200-5711 October 11, 2016 2 Attachment: 1368 Rebuilding Together Proposal (1368 : Fagade Program Services Agreement with Rebuilding Together Miami -Dade, Inc.) Packet Pg. 65 OMNI Board of Commissioners Meeting December 14, 2016 3.7 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 6, 2016 and Members of the CRA Board Jason Walker Executive Director 1369 Subject: Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido Management, Inc. Enclosures: 1369 Bid Waiver Memo 1369 Bldg Rehab Grant Program 1369 Exhibit BACKGROUND: It is recommended that the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing the execution of a professional services agreement between the Omni CRA and Legido Management, Inc. to provide for Building's Rehabilitation Programs and Job Creation initiatives in the Omni CRA. The Board of Commissioners finds that Legido Management, Inc. is an entity that can assist with accomplishing the above objectives of the Plan; and The Board of Commissioners of the CRA wish to allocate grant funds from Account No.10040.920501.883000, in an amount not to exceed $905,000.00 ("Funds"), to Legido Management, Inc. to provide funding for "Business Loan Programs" ("Program"). JUSTIFICATION: Section 4, Goal D/ Principles A-2, C-4 and C-5, at page 42, of the 2009 Omni CRA Redevelopment Plan, lists [eliminate conditions which contribute to blight], encourage the restoration of historic buildings and [enhance the area's visual attractiveness to businesses and residents], by creating opportunities for new development through improvements to the public realm. Section 4.4, C., D-1, at page 41 of the Plan, Section 4.4, D., A-2, at page 42 of the Plan and Section 4.4, E., D-7, at page 42 of the Plan, respectively list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives. FUNDING: Allocating funds from Omni CRA General Operating Budget, "Other Grants and Aids" ACCOUNT NO. 10040.920501.883000 Packet Pg. 66 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1369 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM ACCOUNT NO. 10040.920501.883000, IN AN AMOUNT NOT TO EXCEED $905,000.00, TO LEGIDO MANAGEMENT SERVICES, INC. TO PROVIDE FUNDING FOR "BUSINESS REHABILITATION GRANT PROGRAMS"; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan, Section 4.4, D., A-2, at page 42 of the Plan and Section 4.4, E., D-7, at page 42 of the Plan, respectively list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives; and WHEREAS, the Board of Commissioners finds that Legido Management Services, Inc. is an entity that can assist with accomplishing the above objectives of the Plan; and WHEREAS, the Board of Commissioners wishes to allocate grant funds from Account No.10040.920501.883000, in an amount not to exceed $905,000.00 ("Funds"), to Legido Management Services, Inc. to provide funding for "Business Rehabilitation Programs" ("Program"); and WHEREAS, the Executive Director has made a written finding pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the Board of Commissioners by Resolution No. CRA-R-16-0042, that 3.7 Packet Pg. 67 3.7 competitive negotiation methods and procedures are not practicable or advantageous to the CRA for obtaining said services, and has recommended to the Board of Commissioners that the finding be adopted and that competitive bidding methods and procedures be waived; and WHEREAS, the Executive Director is requesting authority from the Board of Commissioners to negotiate and execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's finding that competitive negotiation methods and procedures are not practicable or advantageous to the CRA pursuant to Section 18- 85(a) of the City Code, as amended, as adopted by the CRA, and waiving the requirements for said procedures, is ratified, approved and confirmed. Section 3. The Executive Director is authorized to allocate grant funds from Account No. 10040.920501.883000, in an amount not to exceed $905,000.00, to Legido Management Services, Inc. to provide funding for "Business Rehabilitation Programs". Section 4. The Executive Director is authorized to execute any and all documents necessary to effectuate the Program, in a form acceptable to the General Counsel. Section 5. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly to vendors upon presentation of invoices and satisfactory documentation. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the General Counsel. Packet Pg. 68 3.7.a Ken Russell Board Chair INTER -OFFICE MEMORANDUM Jason Walker Executive Director TO: Board Chair Ken Russell and Members of the CRA Board FROM: Jason Walker Executive Director DATE: November 13, 2016 SUBJECT: Recommendations and findings to waive competitive negotiation procedures per City Code, authorizing the allocation of grant funds to Legido Management Services, Inc. for the administration and management of the CRA's Building Rehabilitation Grant Program BACKGROUND The Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2009 CRA Redevelopment Plan ("Plan"). The CRA approved and adopted Resolution No. CRA-R-16-0040, authorizing the Executive Director to implement the findings of the Grand Jury Report for Miami -Dade County recommending that tax increment funds ("TIF") received by the CRA, be used primarily for removal of slum and blight, and assisting with affordable housing for families and individuals of low or moderate income. LEGIDO MANAGEMENT SERVICES, INC. ("Legido"), possess unique and highly specialized expertise in the implementation and administration of new business initiatives, rehabilitation of existing businesses and job creation opportunities, intended to reduce blighting neighborhood conditions. Through their expertise in implementing varying scopes, specifically by managing business rehabilitation programs in and around targeted urban areas, Legido provides the administrative and management service capacity critical in the successful implementation and administration of the CRA's "Building Rehabilitation Grant Program" goals and objectives. Legido requested aid from the CRA in the amount of $905,000 in grant funding, towards fully implementing and managing the CRA's Program, and furthering the CRA's efforts in rebuilding the business corridor of the area. The Executive Director reviewed and vetted Legido's request, in accordance with Plan objectives. OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12"' Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1369 Bid Waiver Memo (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido Management, Inc.) Packet Pg. 69 LEGIDO MANAGEMENT SERVICES, INC. 3.7.a Page2of2 RECOMMENDATION In light of the above mentioned, in addition to Legido's expertise in building and rehabilitating businesses for the purposes identified in the CRA's Plan, and in consideration of the Executive Director's pledge to allocate grant funding to Legido prior to the CRA adopting Resolution No. CRA-R16-0042 on September 13, 2016, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable nor advantageous to the CRA as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 (a), and the affirmation of these written findings and the forwarding of the same to the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency for ratification by a four - fifths (4/5th) vote is respectfully requested. OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI 1401 N. Miami Ave 12°a Floor I Miami, FL 33136 Tel (305) 679-6868 Attachment: 1369 Bid Waiver Memo (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido Management, Inc.) Packet Pg. 70 MIAMI OMNI CRA 3.7.b CRA Building Rehabilitation Grant Program Program Guidelines - Procedures - Application $ The CRA Building Rehabilitation Program assists qualified business or property owners with building a) property improvements that are directly related to opening of a new business, improving an existing busir remedying code violations, providing ADA access, and eliminating blighting neighborhood conditions in a, targeted areas of the OMNI CRA. In addition, grant funds may be used for improvements to properties that are N eligible for grant funding from other sources available in the area, or to supplement grant funds awarded by e agencies. Legido Management Services administers the CRA Building Rehabilitation Program with funds from Omni Community Redevelopment Agency. 0 Funds may not cross CRA District Boundaries and are targeted at specific areas in the Omni CRA District. c program is a match grant program requiring a 25% match from the property or business owner. program has a project cap of $100,000.00 exclusive of LMS's 15% administrative fee. In addition to required private match, the grant recipient is responsible for all project costs that ex( .i $100,000 grant provided by the CRA. The CRA can recommend funding at a lesser amount, given c funds are awarded as available and based on priorities outlined below. Funds from this grant are paid directly to contractors performing the work, after contract award in a competitive bidding process. C9 0 Program Areas and Priorities: While both Downtown Miami and the Wynwood area have benefited from the boom in commercial and residential development, areas within the CRA district have not seen the benefit of this investment. d The business corridor of the Omni CRA suffers from neglected properties and a general aesthetic tha �. not conducive for businesses to thrive in the community. The Miami CRA has prioritized improvement E properties within the limits of the boundaries of NW 1 Avenue on the East, NW 1st Place on the West, NW .5 Street on the North and NW 13th on the South. In the Omni CRA, priorities include projects that can use CRA funds to leverage other public and pri 6 investments and bring new business and restaurant/entertainment venues to the areas surrounding the M Performing Arts Center. In addition these grants seek to bring needed improvement to the Multi -family reside E units within the program boundaries. 0 L a Eligibility: Grants from these funds are usually not made for routine maintenance and should be part of a larger scopi improvements to the property or area. Additionally, the property should have an active or soon -to -be ac CU business or residential use located on the property. c Program Description: CRA-Building Rehabilitation - 2016 Packet Pg. 71 3.7.b CRA Building Rehabilitation Grant Program Completion: All projects shall be completed within a 6-month period from the date the contract is signed. Extensions beyond the 6-month completion date can only be made with the approval of the CRA Director. Such approval shall be in writing and noticed to all parties. Grant / Project Procedures: A) Application Process LMS meets with Tenant and/or Property Owner, verifies that the property is an eligible address and that the tenant/business and the improvements meet basic criteria for the CRA Building Rehabilitation Grant. 1. Review Tenant Business Model — LMS 2. Review Improvement Activities funded by the program (Eligible Activities List) — LMS, TNT, PROP 3. Eligible Scope of Work and Budget is Prepared - LMS, TNT, PROP 4. Tenant and Property Owner prepare Application, attach Scope and Budget — TNT, PROP 5. BEFORE pictures are taken - LMS 6. Application is reviewed - LMS & CRA 7. Letter of Grant Award or denial is sent to Property Owner and/or tenant - LMS B) Contract Process Contract includes scope of work exhibit. Additional documents such as sub -contractor lists (for release of lien) and Work Authorization Form are used for project monitoring. 1. Tenant or Property Owner secures pricing (3 bids) and selects contractor (lowest bid wins) - TNT, PROP & LMS 2. Tenant submits contractor list and copies of estimates to LMS — TNT 3. DMP Prepares Contract with Scope of Work as exhibit — LMS 4. Contract is executed — LMS, TNT, CNTR 5. Work Authorization Form is executed — LMS, TNT, PROP 6. LMS bills the CRA for a 40% deposit, which is given to the Contractor to begin the work 7. Permits are pulled and work begins — TNT, CNTR 8. LMS monitors progress - LMS C) Project Completion Contractors are paid after all liens are released, the building permit is closed and a final invoice is submitted. 1. AFTER Pictures are Taken — LMS 2. Release of Lien letter for each contractor is obtained - TNT, CNTR 3. Closed Permit Report submitted - TNT, CNTR 4. Final Invoice Submitted for payment — CNTR 5. LMS invoices the CRA for the final payment (60%) of the CRA contribution 6. CRA pays LMS and LMS makes the final payment to the Contractor Payment (2-4 weeks) — LMS CNTR — Contractor LMS = Legido Management Services PROP= Property Owner TNT = Tenant Attachment: 1369 Bldg Rehab Grant Program (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido CRA-Builcling Rehabilitation grant p Packet Pg. 72 CRA Building Rehabilitation Grant Program 3.7.b Eligible Improvements: The general rule of thumb for improvements is that the improvement should remain with the property. Where special cases arise, the CRA and LMS staff will render a decision. Grant funds cannot be used for Fixtures, Fusmiture or Inventory. Generally acceptable improvements are: • Paint/Pressure Clean • Signage • Tile • Masonry/Stucco • Outdoor Hardscape Improvements (Fountains, Walkways, Pavers, etc.) • Outdoor Landscape • Outdoor Lighting • Windows/Doors • Awnings • ADA Compliance (Restrooms/Entrances) • Interior Renovations or Buildout • Plumbing Upgrades • Mechanical Upgrades • Electrical Upgrades • Life/Safety (Fire) System Upgrades • Grease traps Contractor Requirements: All Contractors, working in the CRA Building Rehabilitation Program including Painters, Awning companies, Shutter Companies, and Sign Companies must provide copies of the following documents when providing an estimate/bid for the project: 1. Contractor Certificate of Competency or License Contractor's Current Liability Insurance Certificate and Workers Compensation Certificate. If exempt from Workers Comp Contractor must provide copy of exemption for each employee that will be working. NOTE: If awarded a contract, both insurances must have the CRA as the Certificate Holder with the address: 1401 North Miami Avenue, Miami FL 33136 and the Liability insurance MUST have the CRA as additional insured 3. Contractor and Manufacturer's Warranty (if applicable) 4. Building permit, Special Permit or Certificate of Compliance (except paint jobs) 5. Release of Lien (provided by LMS) NOTARIZED Recipient will post and maintain in good condition a sign substantially similar to the sign hereto at the entrance of the Premises from the Effective Date (as defined herein) until three hundred sixty five (365) days after the Completion Date. Attachment: 1369 Bldg Rehab Grant Program (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido CRA-Building rehabilitation gi Packet Pg. 73 3.7.b CRA Building Rehabilitation Grant Application Applicant Contact Information Contact Name _ Mailing Address Telephone Fax Email Property Ownership and Corporation Information Corporation Name Mailing Address Corporation Officers & Titles Date & State of Incorporation Tax ID# Project Location & Scope Project Address Folio # Year Built i Total Retail (Sq. Ft.) Leased Retail (Sg. Ft.) Available Retail (Sq. Ft.) Description of the business General Scope of Work Attachment: 1369 Bldg Rehab Grant Program (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido Application - Page 1 of 3 - Packet Pg. 74 3.7.b CRA Building Rehabilitation Grant Application Project Location & Scope Cont'd Estimated Costs Estimated Start Date Estimated Completion Acknowledgements As a current business owner in this community or a business seeking to open a new location in this community, I wish to participate in the CRA BUILDING REHABILITATION PROGRAM. I understand that this application does not imply acceptance in the program and, that my application is reviewed by the Downtown Miami Partnership and the CRA for possible approval. I acknowledge that I have received a copy of the Grant Program Procedures and will comply with all requirements should I be awarded a grant. For Signature/Print Name Tenant/Business Name I acknowledge that is seeking assistance using the CRA BUILDING REHABILITATION PROGRAM and that the general terms of their lease conform to the terms above. Should the applicant win a grant award, I understand that funds will be used to make improvements to my property. For Signature/Print Name Property Owner Attachment: 1369 Bldg Rehab Grant Program (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido Application - Page 2 of 3 Packet Pg. 75 3.7.b CRA Building Rehabilitation Grant Application Attachments Attachment A Before Photos (Existing condition of facade/property) Attachment B Photos, Renderings, or Elevations showing planned improvements Attachment: 1369 Bldg Rehab Grant Program (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido Application - Page 3 of 3 Packet Pg. 76 3.7.c LEGIDO MANAGEMENT SERVICES, INC. PROFESSIONAL SERVICES AGREEMENT 1. DESCRIPTION OF PROJECT Legido Management Services hereby agrees to render administrative services to the Omni Community Redevelopment Agency in the implementation of the Building Rehabilitation Grant Program as per the attached exhibit A- Program guidelines and Procedures. Such services are limited to those described in Article 2 below. 2. SCOPE OF SERVICES Legido Management Services will provide knowledge and administrative services to the program and will report to the Executive Director of the Omni CRA. LMS will be responsible for the implementation, and coordination of all activities related to the Omni CRA Building Rehabilitation Grant Program. 1) Meet with property owners and business owners to explain program and overall objective. 2) Follow through with Property Owners and individual businesses and obtain the application for participation in the program 3) Prepare project scope 4) Assist in obtaining bids for each building rehabilitation project 5) Assist contractors in the permitting process on an as needed basis 3. COMPENSATION The Omni CRA agrees to pay Legido Management Services compensation for its services and expenses at 15% of the cost of the project. This amount of compensation shall be the only amount the Omni CRA is obligated to pay Legido Management Services under this Agreement. The parties understand and agree that all expenses incurred by Legido Management Services in the performance of these services hereunder, shall be borne by them. It is understood that any additional expenses incurred by the Legido Management Services is covered within the 15% administrative fee. Attachment: 1369 Exhibit (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido Management, Inc.) Packet Pg. 77 LEGIDO MANAGEMENT SERVICES, INC. 3.7.c 4. FEE SCHEDULE The Omni CRA shall pay Legido Management Services their 15% administrative fee as follows: 15% of the (40% deposit given to the Contractor) will be paid to Legido Management Services upon executing the agreement with the Contractor to begin the work. 15% of the (60% final payment given to the Contractor) will be paid to Legido Management Services when the Contractor is paid the final 60% payment upon completion of the project. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of day and year written below. Omni Community Redevelopment Agency Legido Management Services Inc. Jason Walker, Executive Director Josie Legido Correa Signature Date Signature Date WITNESS WITNESS Signature Date Signature Date Attachment: 1369 Exhibit (1369 : Building Rehabilitation Grant Services and Job Initiatives Agreement with Legido Management, Inc.) Packet Pg. 78 OMNI Board of Commissioners Meeting December 14, 2016 3.8 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director 1356 Subject: Resolution Authorizing a Grant to the City of Miami for the OMNI CRA Police Programs Enclosures: BACKGROUND: It is recommended that the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing the issuance of a grant, in an amount not to exceed Five Hundred Thousand ($ 500,000.00), to the City of Miami, to underwrite costs associated with an expanded OMNI CRA Police Program within the Omni Redevelopment Area. In 2008 the CRA Board of Commissioners approved a grant for Three Hundred Forty Three Thousand Three Hundred Ninety Two Dollars ($343,392) for a Police Visibility Program. In 2010, the CRA Board of Commissioners approved a grant for Five Hundred Thousand Dollars ($500,000) for the Police Visibility Program. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-14-0049, passed and adopted on July 23, 2014, authorized the issuance of a grant to the City, in the amount of One Million Two Hundred Seventy Five Thousand Dollars ($1,275,000.00), for the Police Visibility Program within the Omni Redevelopment Area; and WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-15-0043, passed and adopted on October 22, 2015, authorized the issuance of a grant to the City, in the amount of Seven Hundred Ten Thousand Dollars ($710,000.00), for the Police Visibility Program within the Omni Redevelopment Area; and The City of Miami Police Department seeks additional funding to continue the OMNI CRA's Police Program, first introduced to the Redevelopment Area in April 2008. This new grant will result in enhanced police services. The previous Police Visibility grants will be subsumed into this new proposed Police Enhancement grant. JUSTIFICATION: Section 4.4, D., at page 42 of the 2009 Omni Redevelopment Plan lists the elimination of conditions which contribute to blight as a stated redevelopment objective. Packet Pg. 79 3.8 Pursuant to Florida Statute Chapter 163.370(2)(o), the CRA has the power to develop and implement community policing innovations with the objective of remedying slum and blighted areas and the causes thereof, within the Redevelopment Area to enhance Quality of Life for the residents. The Visibility Program, an innovative community policing plan, provides enhanced police services including increased patrols, special operations, traffic details, criminal sweeps, prostitution details, and undercover narcotics details. This Resolution carries out the objectives of the Omni Redevelopment Plan. FUNDING: Funds from Omni Tax Increment Funds from Omni Increment Fund Other Grants and Aids " Account Code No 10040.920101.883000.0000.00000 Packet Pg. 80 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1356 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE CITY OF MIAMI TO UNDERWRITE COSTS ASSOCIATED WITH AN EXPANDED POLICE PROGRAM WITHIN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE FUNDS ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE AUTOMATIC RENEWAL OF SAID GRANT SUBJECT TO AVAILABLE FUNDING; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10040.920101.883000.0000.00000. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with its approved Redevelopment Plan; and WHEREAS, Section 4.4, D., at page 42 of the 2009 Omni Redevelopment Plan, lists the elimination of conditions which contribute to blight as a stated redevelopment objective; and WHEREAS, pursuant to Section 163.370(2)(o), Florida Statutes, the CRA has the power to develop and implement community policing innovations with the objective of remedying slum and blighted areas and the causes thereof, within the CRA community; and WHEREAS, in February 2008, the City of Miami ("City") Police Department presented to the CRA Board the Police Visibility Pilot Program, an innovative community policing plan to address issues related to quality of life within the Redevelopment Area; and WHEREAS, the Police Visibility Program consisted of enhanced police services including increased patrols, special operations, traffic details, club checks, criminal sweeps, prostitution details, and undercover narcotics details; and WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-08-0024, passed and adopted on April 28, 2008, authorized the issuance of a grant to the City, in the amount of Three Hundred Forty Three Thousand Three Hundred Ninety Two Dollars ($343,392.00), for the Police Visibility Pilot Program within the Southeast Overtown/Parkwest and Omni Redevelopment Areas; and WHEREAS, upon further presentation by the Police Department, the Board of Commissioners, by Resolution No. CRA-R-09-0022, passed and adopted on April 27, 2009, authorized an additional grant to the City for a one-year extension of the Police Visibility Program; and 3.8 Packet Pg. 81 3.8 WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-10-0052, passed and adopted on June 28, 2010, authorized the issuance of a grant to the City, in the amount of Five Hundred Thousand Dollars ($500,000.00), for the Police Visibility Program within the Omni Redevelopment Area; and WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-14-0049, passed and adopted on July 23, 2014, authorized the issuance of a grant to the City, in the amount of One Million Two Hundred Seventy Five Thousand Dollars ($1,275,000.00), for the Police Visibility Program within the Omni Redevelopment Area; and WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-15-0043, passed and adopted on October 22, 2015, authorized the issuance of a grant to the City, in the amount of Seven Hundred Ten Thousand Dollars ($710,000.00), for the Police Visibility Program within the Omni Redevelopment Area; and WHEREAS, the Police Department now requests additional funds for enhanced police services previously covered by the Police Visibility grants; and WHEREAS, the Board of Commissioners wishes to authorize a grant, in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to the City to underwrite costs associated with enhanced police services throughout the Omni Redevelopment Area; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The issuance of a grant in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to the City of Miami to underwrite costs associated with enhanced police services within the Omni Redevelopment Area is authorized. Section 3. The Executive Director is authorized, at his discretion, to disburse grant funds on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 4. The Executive Director is authorized to execute any and all documents necessary for said purpose, in a form acceptable to General Counsel. Section 5. Funds to be allocated from Omni Tax Increment Fund, "Other Grants and Aids," Account Code No. 10040.920101.883000.0000.00000. Section 6. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the General Counsel. Packet Pg. 82 OMNI Board of Commissioners Meeting December 14, 2016 3.9 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director 1372 Subject: Professional Services Agreement with Miguel A. Valentin Enclosures: 1372 Bid Waiver Memo 1372 Miguel Valentin BIO 1372 Exhibit BACKGROUND: Mr. Miguel A. Valentin is a Certified Public Accountant who has served as the Financial Officer of the Southeast Overtown/Park West Community Redevelopment Agency. He has been responsible for the preparation and monitoring of annual budgets, financial reporting for all aspects of the agency, administration of grants and other revenue sources, maintenance of all financial transactions, and responsibility for the proper and authorized expenditures of all sources of agency funding. JUSTIFICATION: Mr. Valentin is a Certified Public Accountant, and has served as the Financial Officer of the Southeast Overtown/Park West Community Redevelopment Agency, and has been responsible for the preparation and monitoring of annual budgets, financial reporting for all aspects of the agency, administration of grants and other revenue sources, maintenance of all financial transactions and responsibility for the proper and authorized expenditures of all sources of agency funding. The Scope of Work, as specified in the Professional Services Agreement ("PSA") outlines the role which Mr. Valentin shall perform for the CRA, and the CRA expects all of Mr. Valentin's professional services shall be provided in a highly competent and most satisfactory manner throughout the course of his contract. To waive competitive procurement requirements set forth in Sections 18-85 and 18-86 of the City's Procurement Ordinance, shall be subject to the concurrence and ratification by an affirmative fourth -fifths (4/5ths) vote of the Board of Commissioners of the CRA, for the execution of a PSA with Mr. Valentin for the provision of financial consulting services as described therein. FUNDING: Funds from Omni Tax Increment Funds "Other Contractual Services," Account Code No 10040.920501.534000 Packet Pg. 83 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1372 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA, FOR THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH MR. MIGUEL A. VALENTIN, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF FINANCIAL SUPPORT, CONSULTING, AND GENERAL ACCOUNTING SERVICES FOR THE CRA, FOR A CONTRACT PERIOD OF ONE (1) YEAR, BEGINNING RETROACTIVELY ON JULY 23, 2016 AND ENDING ON JULY 22, 2017, WITH THREE (3) ONE (1) YEAR OPTIONS TO RENEW, AT A YEARLY CONTRACT AMOUNT NOT TO EXCEED $47,800.00, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") engages in numerous activities in the community and manages a substantial budget; and WHEREAS, the CRA desires to retain a financial consultant to provide expert review of its finances, and utilize his expertise to provide recommendations and analysis to the Executive Director in order to allow for informed financial decision making; and WHEREAS, Mr. Miguel A. Valentin is a Certified Public Accountant, has served as the Financial Officer of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW"), and has been responsible for the preparation and monitoring of annual budgets, financial reporting for all aspects of the SEOPW, administration of grants and other revenue sources for the SEOPW, and maintenance of all financial transactions and responsibility for the proper and authorized expenditures of all sources of SEOPW funding; and WHEREAS, the Scope of Work, as specified in the Professional Services Agreement ("PSA"), attached and incorporated as Exhibit "A", outlines the role which Mr. Valentin will perform for the CRA, and the CRA expects all of Mr. Valentin's professional services to be provided in a highly competent and most satisfactory manner throughout the course of his contract; and 3.9 Packet Pg. 84 3.9 WHEREAS, to waive competitive procurement requirements set forth in Sections 18-85 and 18-86 of the City of Miami's Procurement Ordinance, as adopted by the CRA, an affirmative fourth -fifths (4/5ths) vote of the Board of Commissioners is required; and WHEREAS, based on the recommendations and findings of the Executive Director, attached and incorporated, it is in the CRA's best interest to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Sections 18-85 and 18-86 of the City Code, as amended, as adopted by the CRA, the Board of Commissioners desires to authorize the Executive Director to execute the PSA, in substantially the attached form, with Miguel A. Valentin, for the provision of financial support, counseling, and general accounting services to the Omni CRA, as detailed in "Attachment A" to the PSA, for a contract period of one (1) year, with three (3) one (1) year options to renew, at a contract amount not to exceed $47,800.00; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of the Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings pursuant to Sections 18-85 and 18-86 of the City Code, as amended, as adopted by the CRA, are ratified, approved, and confirmed, and the requirements for competitive sealed bidding methods as not being practicable or advantageous to the CRA, are waived. Section 3. The Executive Director is authorized1 to execute a PSA, in substantially the attached form, with Miguel A. Valentin, for the provision of financial support, counseling, and general accounting services to the CRA for an initial term of one (1) year, with three (3) one (1) year options to renew, for a contract amount not exceed $47,800.00, subject to the availability of funds and budgetary approval at the time of need. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the General Counsel. Packet Pg. 85 3.9.a OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM TO: Board Chair Ken Russell and Members of the CRA Board FROM: Jason Walker, Executive Director DATE: November 13, 2016 RE: Recommendations and findings to waive competitive negotiation procedures per City Code for the authorization and execution of a Professional Services Agreement with Miguel A. Valentin for financial consulting services for the Omni CRA BACKGROUND Mr. Miguel A. Valentin is a Certified Public Accountant who has served as the Financial Officer of the Southeast Overtown/Park West Community Redevelopment Agency. He has prepared and monitored annual budgets, financial reporting for all aspects of the agency, administration of grants and other revenue sources, maintenance of all financial transactions, and responsibility for the proper and authorized expenditures of all sources of agency funding. Mr. Valentin holds a Masters Degree from Texas A & M International University in International Logistics. His past work experience includes the City of Miami Office of the Auditor General as Senior Internal Auditor, as an accountant on FEMA projects for the Miami -Dade County Department of Environmental Resources Management, and private sector experience in public accounting as an operational auditor with specific cost -controlling responsibilities. Mr. Valentin has extensive experience with Community Redevelopment Agencies and their unique financial need(s). RECOMMENDATION In light of the above stated, and in consideration of the Executive Director's approval to execute an an agreement with Mr. Valentin prior to the CRA adopting Resolution No. CRA-R16-0042 on September 13, 2016, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable or advantageous to the City as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 and 18-86, and the affirmation of these written findings and the forwarding of the same to the the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency for ratification by a four -fifths (4/5th) vote, is respectfully requested, Attachment: 1372 Bid Waiver Memo (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 86 Ends, peen a..no lged e of !tion [lent pies 'OF ilnty jest ;wilt A- 'Y ;ncy nity in x as for job 'the lent 'ude 'lan that ays, ded tifch • the The `for Mr. Woods has more than two decades of experience in real estate, banking, finance,,and government. He earned a bachelor's degree in Business Administration from Virginia State University and master's degree in ;Business Administration from Cameron University. Prior to his work in government, Mr. Woods held positions at First Commercial Bank SSB, BankUnited, and Mortgage.com, where he worked in barking, finance, and real estate as a secondary market analyst. He worked as a Real Estate Specialist for the City of Miami in 2000, coordinating development activities and providing project management for City of Miami development projects, including Parrot jungle, Miami Children's Museum, and Grove Harbour Marina & Marketplace. In 2005, Mr. Woods joined the Office of former Miami City Commissioner Michelle Spence -Jones as a senior Advisor for Economic Development and Housing. During his tenure, he gained intimate knowledge of the Challenges faced by the Overtown community, which informed his belief that sustainable community redevelopment must address the complex mix of challenges faced by residents of low-income neighborhoods. Mr. Woods was then brought on as Assistant Director of the Agency and the Omni Community Redevelopment District and later appointed Executive Director of the Agency. Miguel. A. Valentin. Mr. Valentin serves as the Financial Officer of the Agency and is responsible for the :preparation and monitoring of annual budgets, financial reporting for all aspects of the Agency, administration of the :gra}rts and other revenue sources, maintenance of all financial transactions and responsibility for the proper and .authorized expenditures of all sources of Agency funding. Mr. Valentin is a Certified Public Accountant in the State of Florida and has a M.aster Degree from Texas A & M International University in International Logistics. I-Iis past work experience includes the City of Miami — Internal Au.dit Department as Senior Internal Auditor, a short stint with Miami -Dade County Department of Environmental Resources Management as an accountant on FEMA projects, and prior to that, experience in the private sector in the public accounting area as well as an operational auditor with cost controlling responsibilities.. Composition of the Agency Tax Base - The Redevelopment Area currently includes approximately 650 acres and consists of 3,678 parcels of which 3,014 are taxable and 664 are tax exempt. Set forth in the table below is information which details the -composition of the parcels located within the Redevelopment Area, by use, for the 2013 tax year. See "DESCRIPTION OF PLEDGED REVENUES - Pledged Revenues" herein. [Remainder of page intentionally left blank] 5 Attachment: 1372 Miguel Valentin BIO (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 87 3.9.c PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is entered as of the day of 2016 by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and Miguel A. Valentin, an individual person ("Mr. Valentin"). RECITALS A. WHEREAS, the CRA desires to retain a Consultant ("Consultant") to assist with general accounting services and financial operations of the CRA for a 12 month period, beginning retroactively on July 23, 2016, and ending July 22, 2017 (initial Term"); and B. WHEREAS, upon completion of the Initial Term, the Executive Director of the CRA, at his/her sole discretion, can exercise up to three (3) one (1) year options to renew under the same terms and conditions as described herein; and C. WHEREAS, the Consultant will have a direct and indirect impact on the financial analysis of the CRA, and in assisting CRA staff within the scope of services ("Services") as described more specifically herein; and D. WHEREAS, the Consultant will report directly and solely to the Executive Director of the CRA during the term of this Agreement; and E. WHEREAS, the CRA has determined that Mr. Valentin has special capabilities specifically related to the needs of the CRA, and possesses all necessary qualifications and expertise to perform the Services described in this Agreement; and F. WHEREAS, the Board of Commissioners of the CRA, through RESOLUTION INFORMATION, authorized the CRA's Executive Director to enter into this Agreement with Mr. Valentin to serve as the Consultant for the CRA for the Effective Term by a 4/5ths bid waiver pursuant to the competitive bidding and procurement procedures of the Code of the City of Miami, Florida, as amended; and G. WHEREAS, Mr. Valentin wishes to perform the Services as required by the CRA and the CRA wishes to engage the services of Mr. Valentin under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Mr. Valentin and the CRA agree as follows: 1 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 88 3.9.c TERMS 1. RECITALS. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM. The term of this Agreement shall be for one (1) year commencing retroactively on July 23, 2016 and ending its Initial Term on July 22, 2017, but contains three (3) one (1) year options to renew at the sole discretion of the Executive Director of the CRA.. 3. SCOPE OF SERVICES. a. Mr. Valentin agrees to provide Accounting Support Services specifically described in, and subject to the special terms and conditions set forth in Attachment "A" hereto, which is hereby incorporated into and made a part of this Agreement. b. Mr. Valentin represents and warrants to the CRA that: (i) it possesses all qualifications, licenses and expertise required for the performance of Services; (ii) it is not delinquent in the payment of any sums due to the CRA or the City of Miami, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the CRA or the City of Miami; (iii) all personnel assigned to perform Services are, and shall be, at all times during the term hereof, fully qualified, licensed, and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A." c. Mr. Valentin agrees that it will not retain the services of additional subcontractors without obtaining prior written approval of the CRA which may be withheld in the CRA's sole discretion. Notwithstanding the CRA's approval rights hereunder, Mr. Valentin acknowledges and covenants that it shall be responsible for all services performed by its subcontractors to the same extent as Mr. Valentin had provided said services. 4. COMPENSATION. a. The amount of compensation payable by the CRA to Mr. Valentin shall be based on the rates and schedules described in Attachment "B" hereto; provided, however, that in no event shall the total amount of compensation paid to Mr. Valentin exceed Thirty -Six Thousand and No/100 Dollars ($36,000.00), excluding reimbursable and/or additional expenses as described herein, during each twelve (12) month period during the Effective Term. b. Expenses. The CRA shall reimburse Mr. Valentin for pre -approved expenses incurred by Mr. Valentin in the performance of Services up to a maximum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) during the Effective Term. All expenses shall be subject to the approval of the CRA's Executive Director or his designee and shall be billed monthly; it being understood and agreed that any expenses in excess of the aforementioned 2 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 89 3.9.c amount shall be the sole responsibility of Mr. Valentin. c. The CRA shall reimburse Mr. Valentin for cellular phone expenses in a not to exceed amount of One Thousand Two Hundred and No/100 Dollars ($1,200.00) per year. d. The CRA shall reimburse Mr. Valentin for mileage expenses in a not to exceed amount of Six Hundred and No/100 Dollars ($600.00) per year. e. Additional Services: At the sole discretion of the Executive Director of the CRA, a written request to Mr. Valentin for additional services ("Additional Services") not enumerated in the Scope of Services, and payment for such Additional Services shall be made on a case by case basis, at the sole discretion of the Executive Director, but in no instance shall exceed a total of Five Thousand and No/100 Dollars ($5,000.00) per each 12 month term period. f. Method of Payment. All payments due hereunder shall be made within forty five (45) days after receipt of Mr. Valentin's invoice, as an Independent Contractor, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the CRA require one to be performed. If Mr. Valentin is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 5. AUDIT RIGHTS. The CRA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the CRA to Mr. Valentin under this Agreement, audit, or cause to be audited, those books and records of Mr. Valentin which are related to Mr. Valentin's performance under this Agreement. Mr. Valentin agrees to maintain all such books and records at his principal place of business for a period of three (3) years after final payment is made under this Agreement. 6. AWARD OF AGREEMENT. Mr. Valentin represents and warrants to the CRA that it has not employed or retained any person or company employed by the CRA to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 7. OWNERSHIP OF DOCUMENTS. Mr. Valentin understands and agrees that any information, document, report, or any other material whatsoever which is given by the CRA to Mr. Valentin or which is otherwise obtained or prepared by Mr. Valentin pursuant to or under the terms of this Agreement is and shall at all times remain the property of the CRA. Mr. Valentin agrees not to use any such information, document, report, or material for any other purpose whatsoever without the prior written consent of the CRA, which may be withheld or conditioned by the CRA in its sole discretion. 3 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 90 3.9.c 8. PUBLIC RECORDS. Mr. Valentin understands that the public shall have access, at all reasonable times, to all documents and information pertaining to CRA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable law. Mr. Valentin shall comply with Section 119.0701, Florida Statutes, including without limitation: (i) keeping and maintaining public records that ordinarily and necessarily would be required by the City to perform the Services; (ii) providing the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (iii) ensuring that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (iv) meeting all requirements for retaining public records and transferring, at no cost, to the City all public records in its possession upon termination of this Agreement and destroying any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and (v) all electronically stored public records shall be provide to the City in a format compatible with the City's information technology systems. Mr. Valentin's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the CRA. 9. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS. Mr. Valentin understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. The CRA and Mr. Valentin agree to comply with and observe all applicable federal, state, and local laws, rules, regulations, codes, and ordinances, as may be amended from time to time. 10. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the CRA, Mr. Valentin may only seek specific performance of this Agreement and any recovery shall be limited to the amount set forth in Sections 4(a) and 4(b) of this Agreement. In no event shall the CRA be liable to Mr. Valentin for any additional compensation, other than that provided herein, or for any consequential or incidental damages. In the event that Mr. Valentin seeks specific performance, each party shall be responsible for its own attorneys' fees and costs. 11. LIMITATION OF LIABILITY. The CRA shall not be responsible for any errors in judgment made in good faith in the performance of its duties hereunder; provided, however, that nothing contained herein shall release the CRA of any responsibility it may have for claims based on the gross negligence or willful misconduct of the CRA. 12. INSURANCE. Mr. Valentin shall, at all times during the term hereof, maintain 4 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 91 3.9.c such insurance coverage as may be reasonably required by the CRA. All such insurance, including renewals, shall be subject to the approval of the CRA (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of Services under this Agreement without thirty (30) calendar days prior written notice to the CRA. Completed Certificates of Insurance shall be filed with the CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Mr. Valentin shall at any time upon request by the CRA file duplicate copies of the policies of such insurance with the CRA. If, in the reasonable judgment of the CRA, prevailing conditions warrant the provision by Mr. Valentin of additional liability insurance coverage or coverage which is different in kind, the CRA reserves the right to require the provision by Mr. Valentin of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Mr. Valentin fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, the CRA shall pay Mr. Valentin compensation for services rendered and expenses incurred, prior to the date of termination but shall not be liable to Mr. Valentin for any additional compensation or for any consequential or incidental damages. The CRA shall reimburse Mr. Valentin for all or a portion of any required coverages pursuant to this Agreement, in a not to exceed amount of Two Thousand Five Hundred and No/100 Dollars ($2,500.00). 14. DEFAULT. If either Party fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then such Party Mr. Valentin be in default. Upon the occurrence of a default hereunder, the non -defaulting Party shall notify the defaulting Party in writing in regards to such default, and the defaulting Party shall have thirty (30) days from the date of such written notice, to cure the default ("Cure Period"). If the defaulting Party fails to cure such noticed default within the allotted Cure Period, the non - defaulting Party, in addition to all remedies available to it by law, may immediately, upon written notice to the defaulting Party, terminate this Agreement whereupon all payments or other compensation paid pursuant to the terms herein shall be immediately returned to the CRA or rendered to Mr. Valentin according to the default circumstances. The Parties understand and agrees that termination of this Agreement under this section shall not release either Party from any obligation(s) accruing prior to the effective date of termination. Should Mr. Valentin be 5 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 92 3.9.c unable or unwilling to commence to perform Services within the time provided or contemplated herein, then, in addition to the foregoing, Mr. Valentin shall be liable to the CRA for all expenses incurred by the CRA in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CRA in the re -procurement of Services, including consequential and incidental damages. 15. DISPUTES. Mr. Valentin understands and agrees that all disputes between Mr. Valentin and the CRA based upon an alleged violation of the terms of this Agreement by the CRA shall be submitted to the CRA's Executive Director for his resolution prior to Mr. Valentin being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500.00, the decision of the CRA's Executive Director shall be approved or disapproved by the CRA's Boards of Commissioners. Mr. Valentin shall not be entitled to seek judicial relief unless: (i) it has first received the CRA's Executive Director's written decision, approved by the CRA's Boards of Commissioners if the amount of compensation hereunder exceeds $4,500.00; or (ii) a period of sixty (60) days has expired, after Mr. Valentin's submission of a detailed statement of the dispute, accompanied by all supporting documentation, to the CRA's Executive Director (ninety (90) days if the CRA's Executive Director's decision is subject to the CRA's Board of Commissioners' approval); or (iii) the CRA's Boards of Commissioners has waived compliance with the procedure set forth in this section by written instrument, signed by the CRA's Executive Director. 16. PARTIES TERMINATION RIGHTS. a. Each Party shall have the right to terminate this Agreement, in its sole discretion, at any time for convenience and needing no other reason, by giving written notice to the other Party at least thirty (30) calendar days prior to the effective date of such termination. In such event, the CRA shall pay to Mr. Valentin compensation for services rendered and expenses incurred prior to the effective date of termination. Such payment shall be determined on the basis of the percentage of the total work performed by Mr. Valentin up to the time of termination certified in accordance with the provisions of this Agreement. In the event partial payment has been made for professional services not performed, Mr. Valentin shall return such sums to the CRA within ten (10) calendar days after receipt of written notice that said sums are due. In no event, shall the CRA be liable to Mr. Valentin for any additional compensation, other than that provided herein, nor for any consequential or incidental damages. b. The CRA may terminate this Agreement, with written notice to Mr. Valentin, upon the occurrence of an event of default hereunder, after any applicable cure period and in accordance with the terms of Section 14 herein. In such event, the CRA shall not be obligated to 6 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 93 3.9.c pay Mr. Valentin any amounts not specifically owed pursuant to the term contained herein, and Mr. Valentin shall reimburse to the CRA all amounts received while Mr. Valentin was in default under this Agreement. c. Mr. Valentin may terminate this Agreement, with written notice to the CRA, upon the occurrence of an event of default hereunder by the CRA, after any applicable cure period and in accordance with the terms of Section 14 herein. In such event, the CRA shall not be obligated to pay Mr. Valentin any amounts not specifically owed pursuant to the term contained herein, and Mr. Valentin shall reimburse to the CRA all amounts received while Mr. Valentin was in default under this Agreement. l7. FORUM. In case of any controversy or dispute arising out of this Agreement, both parties agree and accept to be subject to the jurisdiction and competence of the Administrative Authorities and Courts in Miami -Dade County, Florida as the exclusive forum for such controversy or disputes forsaking any other jurisdiction which either party may otherwise be entitled to claim. 18. NONDISCRIMINATION. Mr. Valentin represents and warrants to the CRA that Mr. Valentin does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Mr. Valentin's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status, or national origin. Mr. Valentin further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status, or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 19. CONFLICT OF INTEREST. a. Mr. Valentin is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2-11.1 et. seq.), and of the State of Florida as set forth in the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. b. Mr. Valentin covenants that no person or entity under his employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the CRA. Mr. Valentin further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of 7 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 94 3.9.c Mr. Valentin, its employees, or associated persons or entities must be disclosed in writing to the CRA. c. Mr. Valentin shall decline proffered employment by another client(s) if the exercise of Mr. Valentin's independent professional judgment on behalf of the CRA on any matter directly related to Services will be or is likely to be adversely affected by the acceptance of such proffered employment; provided, however, that Mr. Valentin may represent a client(s) with an interest adverse to the CRA if the subject matter of such representation is not related to Services described in this Agreement and if the CRA waives any conflict or alleged conflict with respect to such representation in writing. Should Mr. Valentin request the CRA's waiver of any conflict of interest, Mr. Valentin shall provide the CRA, in writing, all information pertaining to such potential conflict for the CRA's evaluation. d. Mr. Valentin shall not delegate the substantive obligations to be undertaken hereunder to any person or entity who exercises any functions or responsibilities on his/her personal behalf or on behalf of any other client(s) if the subject matter of such representation is related to Services and if such representation will or is likely to compete with the interests of the CRA, or adversely affect the interests of the CRA and the obligations undertaken by Mr. Valentin hereunder. 20. ASSIGNMENT. This Agreement shall not be assigned by Mr. Valentin, in whole or in part, without the prior written consent of the CRA, which may be withheld or conditioned, in the CRA's sole discretion. 21. NOTICES. All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. To Mr. Valentin: Attn: Mr. Miguel Valentin 819 NW 2nd Ave., Miami, Florida 33136 To CRA: Omni Redevelopment District Community Redevelopment Agency 8 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 95 3.9.c 1401 N. Miami Avenue 2°d Floor, Miami, FL 33136 Attn: Jason Walker, Executive Director With a copy to: Office of the City Attorney City of Miami 444 S.W. 2nd Avenue 9th Floor, Miami, FL 33130 Attn: Victoria Mendez, City Attorney 22. CHOICE OF LAW. This Agreement shall be construed and enforced according to the laws of the State of Florida. 23. CAPTIONS. The captions or headings of the Sections and other subdivisions hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meaning of the provisions hereof. 24. NONWAIVER OF DEFAULT. 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. 25. SEVERABILITY. 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 of Miami, 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, then 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 or limitation of its use. 26. CONSTRUCTION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 27. THIRD -PARTY BENEFICIARY. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to make any such third party a beneficiary of 9 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 96 3.9.c this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 28. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 29. INDEPENDENT CONTRACTOR. Mr. Valentin has been procured and is being engaged to provide services to the CRA as an independent contractor, and not as an agent or employee of the CRA. Accordingly, as a result of this Agreement, Mr. Valentin shall not attain, nor be entitled to, any rights or benefits under the Civil Service Rules & Regulations or Pension Ordinances of the City of Miami, nor any rights generally afforded its classified or unclassified employees. Mr. Valentin further understands that Florida Workers' Compensation benefits available to employees of the CRA are not available to Mr. Valentin, and agrees to provide workers' compensation insurance for any employee or agent of Mr. Valentin rendering Services to the CRA under this Agreement. 30. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds to the CRA, and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, or change in regulations. 31. MERGER. This Agreement and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 32. AMENDMENT AND RESCISSION. This Agreement shall not be modified or rescinded except by written instrument setting forth such modification or rescission signed by all parties hereto. 33. FORCE MAJEURE. a. Force Majeure shall mean an act of God, epidemic, lighting, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of public enemy, blockade, insurrection, riot, civil disturbance, or similar occurrence, which has a material effect adverse impact on the performance of this Agreement and which cannot be avoided despite the exercise of due diligence. The term Force Majeure DOES NOT INCLUDE inclement weather (except as noted above) or the acts or omissions of Mr. Valentin's subcontractors, third -party contractors of Mr. Valentin if allowed under this Agreement, materialmen, consultants, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. b. No party hereto shall be liable for its failure to carry out its obligations under 10 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 97 3.9.c the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligation of the party or parties relying on such Force Majeure shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch. c. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving to the other party written notice of its assertion that a Force Majeure delay has occurred as soon as practicable after the occurrence but not later than ten (10) working days after the occurrence, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non-performance as caused by Force Majeure unless the failure to give timely notice causes material prejudice to the other party or parties. 34. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized as of the day and year above written. ATTEST: MR. MIGUEL A. VALENTIN: By: By: ATTEST: OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") By: By: Todd B. Hannon, Clerk of the Board Jason Walker, Executive Director APPROVED AS TO FORM AND CORRECTNESS: 11 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 98 3.9.c Victoria Mendez City Attorney 12 Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 99 3.9.c ATTACHMENT "A" Scope of Work Consultant shall provide the following professional services as needed as part of this Agreement: 1. Prepare financial reports that summarize and forecast the OMNI CRA's financial position. 2. Keep track of OMNI CRA's general ledger and verify the accuracy of procedures used for recording the financial transactions. 3. Act as a liaison between the OMNI CRA and the taxing authorities in relation to OMNI CRA's financial matters. 4. Assist the Executive Director in the strategy of obtaining debt financing by leveraging OMNI CRA's future revenues. 5. Prepare and monitor the OMNI CRA's budget in compliance with goals and policies established by the OMNI CRA Board. blm:Document OMNI CRA PSA VALENTIN DRAFT Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 100 ATTACHMENT "B" A. The CRA shall pay Mr. Valentin as compensation for Services performed pursuant to this Agreement an amount to be calculated as follows: 1. Base compensation in the amount of Thirty Six Thousand and No/100 Dollars ($36,000.00) for Services as described herein. 2. One Hundred percent (100%) of any pre -approved travel expenses incurred by Mr. Valentin's, if at all applicable, in an amount not exceed Two Thousand Five Hundred and No/100 Dollars ($2,500.00) per year shall be reimbursed by the CRA 3. A monthly amount of Fifty and No/100 Dollars (50.00) shall be paid to Mr. Valentin by the CRA for Mileage. The total amount to be paid shall not exceed Six Hundred and No/100 Dollars ($600.00) per year. 4. A monthly amount of One Hundred and No/100 Dollars ($100.00) shall be paid to Mr. Valentin by the CRA for cellular phone services as Mr. Valentin will be primarily providing Services remotely. The total amount shall not exceed One Thousand Two Hundred and No/100 Dollars ($1,200.00) per year. 5. A reimbursement of any required insurance coverage in the not to exceed amount of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) per year. B. Mr. Valentin shall provide monthly invoices to the CRA's Executive Director at: Executive Director Omni Redevelopment District Community Redevelopment Agency 1401 N. Miami Avenue 2nd Floor Miami, FL 33136 C. Mr. Valentin and the CRA agree that the maximum amount payable under this Agreement for Mr. Valentin's fees and all applicable expenses shall not exceed Forty Seven Thousand Eight Hundred and No/100 Dollars ($47,800.00) (including all possible reimbursements) during the Effective Term of this Agreement. This Agreement shall automatically terminate with no further action needed by the parties at the end of the Effective Term. blm:Document OMNI CRA PSA VALENTIN DRAFT Attachment: 1372 Exhibit (1372 : Professional Services Agreement with Miguel A. Valentin) Packet Pg. 101 OMNI Board of Commissioners Meeting December 14, 2016 3.10 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 1, 2016 and Members of the CRA Board Jason Walker Executive Director 1373 Subject: Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park Enclosures: 1373 Bid Waiver Memo 1373 UI Corporation BIO 1373 UI OMNI Park 1373 Exhibit BACKGROUND: It is recommended that the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing the issuance of a grant, in an amount not to exceed Three Hundred and Twenty -Five Thousand ($ 325,000.00), to URBAN IMPLEMENTATION, LLC; to underwrite costs associated with the creation and management of approximately 7 acres of FDOT owned land abutting 1-395 and within the Omni Redevelopment Agency Area. URBAN IMPLEMENTATION, LLC; possesses unique and highly specialized expertise in the design, development and implementation of a pre -activation use projects intended to reduce slum and blight, and The Omni CRA wishes to engage UI for its unique and highly specialized expertise to convert this land into a pre -activation neighborhood parks and community event spaces. JUSTIFICATION: Section 4.4, B., D-5, at page 41 of the Plan, Section 4.4, C., D-1, at page 41 of the Plan, and Section 4.4, D., A-2, at page 42 of the Plan, respectively list providing employment opportunities and upward job mobility for residents, maximizing conditions for residents to live in the area, and the elimination of conditions which contribute to blight as stated redevelopment objectives. Section 4, Goal D/ Principles A-2, C-4 and C-5, at page 42, of the 2009 Omni CRA Redevelopment Plan, lists "[eliminate conditions which contribute to blight], "encourage the restoration of historic buildings and [enhance the area's visual attractiveness to businesses and residents], by creating opportunities for new development through improvements to the public realm. FUNDING: Funds from Omni Tax Increment Funds from Omni Increment Fund: "Other Grants and Aids" Account Code No 10040.920101.883000.0000.00000. Packet Pg. 102 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 1373 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA, FOR THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH URBAN IMPLEMENTATION LLC, IN SUBSTANTIALLY THE ATTACHED FORM, FOR DESIGN, PLANNING, AND CONSTRUCTION RELATED SERVICES FOR THE CRA, RELATED TO THE NEIGHBORHOOD PARK AND COMMUNITY EVENT SPACE LOCATED ON CERTAIN PARCELS ABUTTING INTERSTATE 395, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") engages in numerous activities in the community and is tasked with reducing slum and blight within its boundaries; and WHEREAS, the CRA has identified approximately seven (7) acres of blighted land within its boundaries abutting Interstate 395 ("Parcels"), which it has leased from the Miami Parking Authority and intends to convert into a pre -activation neighborhood park and community event space; and WHEREAS, Urban Implementation LLC ("U.I.") possesses unique and highly specialized expertise in the design, development, and implementation of pre -activation use projects intended to reduce slum and blight, in general, and temporary parks, in particular; and WHEREAS, the CRA wishes to engage U.I. for its unique and highly specialized expertise in the field of pre -activation use projects, generally, and temporary parks, in particular, for the purposes of converting the Parcels into a pre -activation neighborhood park and community event space ("Project"); and WHEREAS, the Scope of Work, as specified in the Professional Services Agreement ("PSA"), attached in incorporated, outlines the role which U.I. shall perform for the CRA, and the CRA expects that all of U.I.'s professional services will be provided in a highly competent and most satisfactory manner throughout the course of the Agreement; and 3.10 Packet Pg. 103 3.10 WHEREAS, based on the recommendations and findings of the Executive Director, it is in the CRA's best interest to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Sections 18-85 and 18-86 of the City Code, as amended, as adopted by the CRA, to authorize the Executive Director to execute the PSA, in substantially the attached form, with U.I., for the provision of services as detailed in "Attachment A" to the PSA, at an amount not to exceed $325,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of the Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings pursuant to Sections 18-85 and 18-86 of the City Code, as amended, as adopted by the CRA, are ratified, approved, and confirmed, and the requirements for competitive sealed bidding methods as not being practicable or advantageous to the CRA, are waived. Section 3. The Executive Director is authorized {1} to execute a PSA, in substantially the attached form, with U.I. in substantially the attached form, for design, planning, and construction related services for the CRA, related to the neighborhood park and community event space located on the Parcels, for an amount not to exceed $325,000.00, subject to the availability of funds and budgetary approval at the time of need. Section 4. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: Li VICTORIA MENDEZ, GENERAL COUNSEL 1 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. Packet Pg. 104 3.10.a OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM TO: Board Chair Ken Russell and Members of the CRA Board FROM: Jason Walker, Executive Director — Omni CRA DATE: November 13, 2016 RE: Recommendations and findings to waive competitive negotiation procedures per City Code for the authorization and execution of a Professional Services Agreement with Urban Implementation LLC, to create and implement a pre -activation community park on approximately seven (7) acres of FDOT owned land. BACKGROUND URBAN IMPLEMENTATION, LLC ("U.I."); possesses unique and highly specialized expertise in the design, development, and implementation of temporary use projects intended to reduce urban slum and blight. U.I. is a pre -vitalization urban redevelopment consulting firm based in Downtown Miami, with extensive experience in pre -activation use projects on dilapidated and vacant properties, with a focus on art installations, murals, landscape design, U.I. has vast experience in implementing projects of varying scopes, specifically by re -purposing public property in and around the downtown Miami area. The downtown area poses unique conerns and considerations, particularly in the design arena of pre -activation uses. The CRA wishes to retain U.I. in order to design and erect the pre -activation park on seven (7) acres of Florida Department of Transportation (FDOT) owned land, with a goal of activating the surrounding community and promoting main street businesses. RECOMMENDATION In light of the above stated, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable or advantageous to the City as set forth in the City Code of Ordinances, as amended, specifically Section 18-85 and 18-86, and the affirmation of these written findings and the forwarding of the same to the the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency for ratification by a four -fifths vote is respectfully requested. Attachment: 1373 Bid Waiver Memo (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 105 3.10.b URBAN IMPLEMENTATION A Florida Limited Liability Company 199 East Flagler Street, #377 Miami, FL 33131 Urban Implementation is a pre -vitalization urban redevelopment consulting firm based in Downtown Miami. Urban Implementation designs, builds and implements projects that reduce slum and blight through the temporary use of vacant and/or dilapidated land, public art installations, and re -purposing public property to promote main street businesses. Urban Implementation's principals, Brad Knoefler and Mark Leniak, have been designing, building and implementing pop-up parks, public art projects and other interventions in Downtown Miami since 2009. Our projects have been featured on NPR, the Miami Herald, the Tactical Urbanism Handbook, and the cover of the Downtown Miami Art Guide, among others, and include: Grand Central Park A 5-acre pop-up park on the site of the former Miami Arena designed as a multi -use public space capable of generating revenue for rent, staff, maintenance and improvements. It was the largest pop-up park constructed in the United States. Constructed in ninety (90) days, the completed park included two hundred and fifty (250) native species of trees, a three -and - a -half -acre lawn, and a sloping amphitheater -shaped berm made with re -purposed debris of the demolished Miami Arena. During its two-year term Grand Central Park hosted numerous community events and ticketed concerts drawing tens of thousands of visitors to Downtown Miami generating millions of dollars of economic activity in the area. It was featured as a key redevelopment driver in Tactical Urbanism Vol 2 (p.54). (https://issuu.com/streetplanscollaborative/docs/tactical_urbanism_vol_2_final) Downtown Skate Spot A 60,000 square foot pop-up D-I-Y skate park built completely by the volunteer efforts of the local Miami skate boarding community. Initial construction was completed in one week, additional D-I-Y structures and modifications were added over time. The completed skate spot included a half pipe, quarter pipes, a faux pool wall, platforms, planks, and rails of all lengths, heights and dimensions. During its term it was a magnet of activity with dozens of skateboarders and passersby a day utilizing the space. It also provided safe harbor to people otherwise subject to arrest for skate boarding. Miami Murals A 100,000 square foot mural installation spanning 12 buildings in Downtown Miami. Installed in 2 weeks. The completed installation featured work from several artists, who installed a piece after the building was "beautifully destroyed" by Risk. The most recognizable piece from the installation is the "Peace and Justice" installation at NE 14 Court by Risk and Shepard Fairy. The murals have attracted thousands of visitors to the area by providing a walkable public art attraction visible from the Metro Mover and shared hundreds of thousands of times on social media. Weed Bombing Weed bombing is a tongue -and -cheek form of public protest art. We identified high traffic areas in Downtown Miami where the sidewalks had become overgrown by weeds. In some places, notably by the federal courthouse, weeds had overtaken so much of the sidewalk it was near impossible to walk. Along with volunteers and local artists and armed with left over cans of spray paint, we (very carefully) painted the weeds in myriad colors to beautify the sidewalks and call attention to the lack of care for the pedestrian right-of-way. The project was featured in several local news outlets and the areas targeted are well maintained today. Avenue D Beautification A street level beautification project to address public health and safety problems, as well as to enhance curb appeal, along North Miami Avenue and the FEC railroad right-of-way. The clean-up was completed in three phases: (1) repaving 7' street; (2) clearing debris from the railroad and pressure washing sidewalks; (3) installing deterrent landscaping in the railroad right- of-way and vacant parcels across the street. The clean-up resulted in a marked reduction in petty crime and vagrancy on the block. Packet Pg. 106 3.10.c OMNI PARK A temporary activation by the Omni Community Redevelopment Agency and the Perez Art Museum of Miami Prepared for Omni CRA Board Meeting November 22, 2016 Ver. Final (last updated 11.10.2016) Prepared by Brad Knoefler Mark Lesniak Urban Implementation A Florida Limited Liability Company 199 East Flagler Street Miami, FL 33131 info@urbanimplementation.net Omni Park is a temporary use project conceived and designed by Urban Implementation, a Florida limited liability company. Copyright 2o16. All rights reserved. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 107 3.10.c TABLE OF CONTENTS Section 1 Omni Park and Temporary Use 1 Section 2 The West Omni Neighborhood 2 Section 3 Design Parameters 3 Gateway Art Zone Zen Parcel Activity Area Section 4 Project details 4 Concerts / Community Events Skate Spot Arts and Education Food and Wine Section 5 Operation and Maintenance 5 Site control and lease Construction and permitting Security and Maintenance Programming and Marketing Appendix A Site plan and Renderings A Appendix B Construction Budget B Appendix C Urban Implementation C Appendix D Poplife Activation Plan . D Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 108 3.10.c OMNI PARK AND TEMPORARY USE Vacant, abandoned or underutilized property directly or indirectly contribute to neighborhood slum and blight in every American city. Temporary use activations - sometimes "pre -vitalization" or "interventions" - have been utilized throughout the world to reduce slum and blight by beautifying and activating vacant, abandoned or underutilized property. As these impermanent enhancements become more popular around the U.S. the data demonstrates they improve quality of life for residents, reduce crime, and are catalysts for economic activity. These temporary use activations often become important drivers for permanent solutions to slum and blight, leading to long-term economic development and job creation. Miami's own Grand Central Park project, created in 2011, was one of the largest temporary parks in the United States. The beatification and activation of nearly five acres of abandoned land in the central urban core was much appreciated by residents and businesses alike during its three-year lifespan. Grand Central Park has served as a case study in temporary parks to progressive urban planners around the world and in was featured prominently in "The Tactical Urbanism Handbook, Vol. 2," by Street Plans Collaborative.' Omni Park will build on the lessons learned from Grand Central Park. Omni Park is a temporary activation by the Omni Community Redevelopment Agency and the Perez Art Museum of Miami in collaboration with the Miami Parking Authority, Florida Department of Transportation, and Miami Dade County Transit and Public Works. Omni Park will transform more than seven acres of slum and blight along Interstate 395 into a temporary park open to the public from dawn until dusk complete with meandering pathways, public art installations, skate park and community event space. Construction of the park will be completed in 60 days, with programming of educational and cultural events to begin immediately upon opening. The initial anticipated duration of Omni Park is two years and, by design, upon closure much of Omni Park will be re -purposed to another vacant parcel. 1See, Page 54, Tactical Urbanism Handbook, Vol 2, Street Plans Collaborative httos://issuu,com/streetnlanscollaborative/docs/tactical urbanism vol 2 final (last visited: November 4, 2016) Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park Page i of 5 Packet Pg. 109 3.10.c THE WEST OMNI NEIGHBORHOOD The Omni area is historically a warehouse district serving the old Port of Miami (now Museum Park). It is roughly bordered by Biscayne Bay on the east, 1-395 on the south, the FEC right of way on the west, and NE 20th street on the north. The area has undergone significant changes over the past twenty years primarily due to real estate development resulting from the changing nature of the neighborhood from industrial to residential. The 1980's saw development along the waterfront with the construction of the OMNI Mall and residential buildings such as the Grand and the Venetia. The 2000's saw continued urban in - fill along the waterfront with residential developments such as Opera Tower, 1800 Club, and Quantum being added. Recent commercial and residential development along the Biscayne Corridor has resulted in thriving retail strip around the Publix on NE 19th street due to the addition of thousands of residents in the immediate area. This area is generally referred to as "east" Omni. In addition, the late 1990's and early 2000's saw the opening of several bars and restaurants saw the development of NE 14th Street in the western Omni, turning it into a popular nightlife and entertainment destination. This area is currently known as the Media and Entertainment District, and generally referred to "west" Omni. Unfortunately, there is, in fact, very little connectivity between the east and west Omni, preventing the Media and Entertainment District from realizing its full potential. Several factors have contributed to this lack of connectivity, for example: • Developing large-scale projects in isolation of the surrounding neighborhood (e.g., PAC) • Up -zoning of the area incentivizing large lot assemblies for future developments resulting in the demolition of large swaths of west Omni • Disproportionate allocation of redevelopment subsidies to east Omni • Construction of Eminent domain proceedings by FDOT for planned signature bridge project has resulted in demolition of most buildings N of 1-395. Today in west Omni there are several large new residential projects under construction. Developers, small business owners, and residents are clamoring for more redevelopment dollars for the reduction of slum and blight in west Omni. Pre -vitalization projects such as Omni Park activate and beautify the neighborhood while promoting connectivity and holistic, incremental support to planned new developments and resident. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park Page 2 of 5 Packet Pg. 110 3.10.c DESIGN PARAMETERS Omni Park will be a publicly owned temporary park located on the FDOT parcels just North of the 1-395 right of way. The four parcels extend from the Arsht Center Parking lot on NE 2nd Ave to the parcel abutting the western side of N Miami Ave. This land is the future site of the new "Signature Bridge" that will replace the existing Interstate 395 overpass. However, construction is not slated to begin until 2018 and will be conducted in stages. In the meantime, the Omni Community Redevelopment Agency will use the land on a temporary basis to beautify, activate, and spur economic development in west Omni. Omni Park's overall design parameters run from an east -west perspective involving a "gateway", "art zone", "zen parcels" and "activity" areas. Activity levels progressively increase from east to west, culminating in the skate spot / concert / event space at the western end of Omni Park. Gateway: In order to address concerns voiced by residents and stakeholders regarding connectivity from Biscayne Boulevard to west Omni a parcel between NE 1st and NE 2nd avenues was added to the project. The idea is that this parcel will serve as a "gateway" for residents and Arsht Center patrons, as well as provide Metromover access, and connectivity to the PAMM. Several art pieces will be placed on this parcel as a "teaser", but the primary purpose in to lead people to Omni Park and west Omni by providing a clean, well lit, pedestrian gateway into the neighborhood. Art Zone: The PAMM has commissioned local artist Michael Loveland (michealloveland.com) to install art and collaborate with the design of the two easternmost parcels. His vision is to recreate a pastoral scene in the Everglades by using recycled materials (i.e., chain link fence) to duplicate "chickee huts" commonly constructed by the Seminole and Miccosukee tribes. The planted Bahia grass will be allowed to grow 2-3 feet to give the feel of walking through a country pasture and numerous "islands" will be created using native landscaping such as palmettos and slash pines to duplicate the hammocks commonly found in the wild of the Everglades. Zen Parcel: The parcel directly to the East of North Miami Avenue is designed as a calmer, peaceful relaxation area with minimal activities. Benches and a large clearing around the signature Banyan Tree in the center will allow for reading and relaxing. The grass will be maintained at lawn height to allow for picnics and Yoga classes. A future Kiosk built from a shipping container and numerous tables with umbrellas will allow park visitors to enjoy a coffee, beer or lite bites. This site is also earmarked for the future "restaurant showcase" project. The kiosk and restaurant showcase are subject to securing a third -party investor or sponsor. Activity Area: The westernmost parcel will be the culmination of the east - west progression of the park and the center of activity. A base -level of production equipment, including a 16' x 20' stage and sound system sufficient for small concerts and local community events, will reduce programming costs allowing for more activation. There will also be a skate spot open to the public dawn -to -dusk, a local radio station, and a neighborhood barbershop. PROJECT DETAILS Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park Page 3 of 5 Packet Pg. 111 3.10.c A key aspect of the success of Omni Park is activation. As was learned from Grand Central Park, beautification alone will not ensure activation and thus will minimize rather than maximize the economic and community benefits, both temporary and permanent2. In contrast, Omni Park has several "activation poles" for residents and visitors: Concerts / community events: One of the simplest means to bring life to abandoned and underserved neighborhoods is through concerts and community events. Reduction of cost barriers and partnerships with key organizers with a long track record are two key elements in bringing a wide range of events to Omni Park and the west Omni neighborhood. The purchase of staging and audio equipment along with the installation of temporary power meters from Florida Power & Light will drastically reduce production costs and barriers to entry for event and concert promoters. Skate Spot: Skateparks are the "new town squares." Like town squares of old, today's skate facilities around the world are able to foster integration and understanding among different socio-economic and racial groups. Everone, black, white, Latino, old and young are only concerned about one thing, skating. Omni Park will partner with Skate Free, a community organization dedicated to providing and improving skate facilities in the City of Miami. Skate Free is breaking ground in early 2017 on a permanent skate park in Miami at the "Lot Eleven" skate spot. As a result, Skate Free will provide the ramps from "Lot Eleven" as well as events and skate boarding -related activities. Apart from being a sorely needed community asset in the City of Miami (which will have no legal skating facility when the pop-up "Lot Eleven" skate park closes for construction in 2017) skate parks provide constant activity and "eyes on the ground" that deter petty crime, automobile break-ins, etc. It is also encouraged by police and property owners for providing a safe harbor to skate boarders away from the public right-of-way. Art and education: Public art and education are another way to deliver a different experience and further activate Omni Park. The Perez Art Museum (PAMM) will contribute a custom installation in partnership with Michael Loveland, a local Miami Artist. Mr. Loveland, who is well known for creating art with recycled materials will construct Seminole Indian "chickee huts" out of fencing and materials on the site, and will create "everglades hammocks" using native plants and trees on the site. PAMM will further invest in the educational component of this concept, bringing students and patrons to the site. The concept of an urban refuge mimicking the peaceful native environment of the Everglades will communicate the importance of understanding our past while continuing to preserve our environment for future generations. Food and Beverage Omni Park will seek a community partner to open a container kiosk on the park providing light bites, beer, wine, snacks and refreshments. Omni Park will also seek partnerships with local chefs and restaurants to open a sit-down open-air restaurant on the park. Any facilities will be portable from site -to -site (park -to -park). MAINTENANCE AND OPERATIONS Site control and lease 1 Because of the high production costs, Grand Central Park was only economically viable for large-scale events, therefore, while tens of thousands of people attended events at Grand Central Park, daily on -going programming often was too expensive and therefore deficient. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park Page 4 of 5 Packet Pg. 112 3.10.c The four parcels, currently owned by FDOT and slated tor the Signature Bridge project, will be leased by the Miami Parking Authority (MPA) for use by the Omni CRA as a temporary park. The current agreement allows possession of the parcels until August 2017, rolling over to a month to month lease thereafter until construction begins and the parcels are turned over to the contractor. In addition, the OMNI CRA has initiated discussions with all three contractors bidding on the project with the view of continuing the operations of the park during the construction process. All contractors have been amenable to coordinating with the OMNI CRA to allow for continued park operations as long as possible during the construction. It is intended to relocate OMNI CRA assets to another site to continue community benefits indefinitely thereafter. Construction and permitting All construction and materials on the site will be non -permanent in nature by design. A Temporary Use Permit (TUP) will be issued by the City of Miami as required. The TUP is typically reviewed by all relevant City Departments (Building, Police, NET, Zoning, etc.) for any issues and concerns regarding the overall design, construction, and operation of the project. As there is already a precedent for a temporary park TUP (i.e. Grand Central Park), it is not anticipated that there will be any complications or issues. Security and Maintenance Upon completion and delivery of the Park construction by Urban Implementation, LLC, the OMNI CRA will ensure operations and maintenance of OMNI Park. It is intended that security be provided by the Downtown Development Authority's Ambassador program. The Ambassadors will open and close the park every day, and ensure security during opening hours. The OMNI CRA will contract for maintenance services (trash removal, landscape maintenance, etc) directly. Activation operations will be managed through separate agreement with Poplife Entertainment Group, LLC. Poplife will be responsible for all programming, marketing and Public Relations for OMNI Park as per contractual agreement with the OMNI CRA. Food and Beverage operations will be subcontracted out at a future date to third parties as per yet to be negotiated agreements and sponsorships. Programming and Marketing Poplife Entertainment Group, LLC, a marketing event company with over 15 years' experience in the neighborhood has developed a comprehensive plan for programming and managing the Activity Area. The programming is designed to appeal to a wide range of constituents and audiences, ranging from large quarterly concerts to Friday night free jazz to food / wine and theater events. A detailed description of proposed programming is included in appendix D. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park I Page 5 of 5 Packet Pg. 113 3.10.c APPENDIX A Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park I Appendix A: Site Plans and Renderings Packet Pg. 114 3.10.c View facing east from the community event space and skate spot. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park Appendix A: Site Plans and Renderings Packet Pg. 115 3.10.c View of the Gateway facing west from the Adrienne Arscht Center. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park I Appendix A: Site Plans and Renderings Packet Pg. 116 3.10.c Bird's eye view of Omni Park. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park I Appendix A: Site Plans and Renderings Packet Pg. 117 A01: Architectural Drawing of Omni Park. (Ind dfl-dod 3!Ignd aof on) 311 NOIl`d1N31N31dINI NV82Il 4t!M tuaweei6d : £L£I) plied ININO in £L£4 :luawg3e;ld _ =Si PUBLIC 11.... PARKING s PUBLIC PARING r w = PERFORMING ARTSCTR L_ Y 1 �X •+m .i- ' r -� ....- NE 13 ST ` % - - tl 1 � . .. t' _;_'Y'_I ` a1 .. PERFORMING PEARRFORMING S RMI TR PARKING LOT 1-395 L. ,- ti 1 •,-,tea+ .a=- .4 -tom TEMPORARY URBAN PARK DOWNTOWN MIAMI, FL �1 �11_ 1-395 ��\\\\ II IIIII I711 100% Final - per Noon meeting comments 10-12-2016 (for review) TEMPORARY URBAN PARK OVERALL SITE PLAN SCALE : 1:50 A-01 Omni Park I Appendix A: Site Plans and Renderings Packet Pg. 118 A02: Architectural Drawing of Activity Area and Portion of Zen Parcel. (lied dfl-dod 3!Iqnd aoI (in) 011 `NOl1b'1N3W31dWI NV9 If1 ql!M;uawooJ6b : £L£6) )laed INWO in £L£6 :;uawg3e1P/ 500 CAPACITY EVENT SPACE BLOCK • A SKATE PARK JOLT RADIO 'THREE F00D RETAIL 38054 .qft. CONCESSIONS PARK OFFICE MILL CALL BATHROOM ":COOTAINEER`N.. 0 100 1-395 BLOCK-B 115377 •q1L BLOCK -B1 CLOSED BLO 45,006 eq.R. STREET 67,122 3,249 .4K 1009E Final - per Noon meeting comments 10-12-2016 (for review) TEMPORARY URBAN PARK BLOCK A - SITE PLAN SCALE : 1:20 Omni Park I Appendix A: Site Plans and Renderings Packet Pg. 119 A04: Architectural Drawing of Gateway . (Ind dfl-dod 3!Ignd .io1(In) 311 KNOI1V1N3IN31dINl NV821f1 4t!M luaulee-16V : £L£O plied ININO in £L£4 :luauag3e;td RMSED INTERSECTION I BLOCK-B 115377 aq.ft. BLOCK-B1 CLOSED BLOC(.82 43,00E aqR. STREET E7,122 aq.tt. 3,249 eq.IL ENSRANCE:::. BLOCK. B1 FUTURE FEATURE ••• BATHROOMS J KIOSK PARK BENCHES UNOER BANYAN TWEE FUTURE RETML OR RESTAUANT BAY DECKING (W/0 CANOPY) FAUX WAREHOUSE WALLS PAMM INSTALLATION BATHROOM 111 _ 00 OR RETAILS'm 'NEMDCR KIOSK `..CONTAINER � �1�WCTA CD FL00R DECK '�✓ 88d8$8 %B ro7IRI51C BYB?E!S .... CLOSED �::4 •� •'$FRFFT .....�. 0 100 ARA ;COMPACIEO 1 cEpip FE u PMNIED • PEDESTRIAN CROSSWALK PEDESTRIAN CROSSWALK 100% Final - per Noon meeting comments 10-12-2016 (for review) TEMPORARY URBAN PARK BLOCK B - SITE PLAN SCALE :1:20 cc A-03 Omni Park i AppendixA: Site Plans and Renderings Packet Pg. 120 A04: Architectural Drawing of Gateway (Ind dfl-dod o!Ignd .io1(Ifl) 311 NOI1V1N3IN31dINl NV821f1 LII!M luaulee-16V : £L£l•) plied ININO in £L£1, :luauag3MA( BLOCK -C FAUX WAREHOUSE WALLS NE 13 ST 141GB0 ft. PAMM INSTALLARCN a9-BENCHES R.V. Ilil)M mitK _. ,. ENTRAN • 3 .li EECi4 FENN :•• . PEPESIMAN ,.� --- . " n r NM • PAIN7E0 t ti1 E_EEE ! j.:::»: ... .R.J F +—n 'i� .ram j i BLOCK -C CHAIN U , FENCE PAINTE • '. ,¢.,, El ..j . TREE SCVARE coMP GRAVEL1WAUfWARS GAT[ .,.,.....,.,y PLANTED! / ..` .. AREA 1 J l'Y Ag7E D 4 ,.......E / . / r-----I j TREE PLANTED •• ••• i ...... ) SQUARE AREA I y RA I , �v.E -- ... r✓ »ii t» tiliUiM»uM' - T•r i • • FHTRIWfE •PEDESTRIAN �y ti — "'mow ;: r^�' 1 -� GALE aossWALK :.. ,... ..:..r'^'.efi'„^�' 4 EL, Z Z ',Az, TEMPORARY URB, DOWNTOW MIAMI, FL �. t `mot 100% Final - per Noon meeting comments 10-12-2016 (for review) TEMPORARY URBAN PARK LI o 1 oo BLOCK C - SITE PLAN SCALE : 1:20 \-04 Omni Park L Appendix A: Site Plans and Renderings Packet Pg. 121 3.10.c APPENDIX B Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park 1 Appendix B: Construction Budget Packet Pg. 122 3.10.c OMNI PARK CONSTRICTION I31 iI)GET 1.111()R Pnijer1 manager t nil nil Ilya hr 5,5.IMI \u. I nits E;alimalr S4'iouatio Subtotal ST30I0).00 smivi ORA Pamela 14: 1ia11duuv A uperalor i PInt F,v S100110.01I 1 S II1MM1.(K) 1) later Idu. S700.1X1 , 15 SID: WI.IX)'' !Spurr painting ` klluuann• SIMOKKI.(I 1 SIIMMXI.IK1 Inndurapiug Sq.P1. S9.2i 1'3(XKM) S(r2.AN1.l10 IiahnR3a h sigIu gm 111uuanrr S'11I.000.I0 1 S310011.(10 lighting .Uiouaurr S'KMXI.I10 I 5'kKM1.1K1 Emirs ISa. S111)0lKI 5 SI5010I0: I{Irrlrirul nnuluil \Iloaanrr 'KNO I S'i(MMAIKI I' PI.7i•mp Elrrlriral \Irtrr ER. 211110 I S21100.IMI \\airy 1 . 's 111u>,nnrr S2000.11Cl 1 S21KMl,IK1 1 Ptite.E1. 1- hanmunii, Lariat Spare Sluar Part Uluuuarr SNNNNI.tp I $'akXNI.IN) Stagy Fa. SI..0tlI.{K) I S1a1XKl.(M)•. 11 Peluipmrta 11Iaemar S:000.(KI I S50K1011.00 Storage 111onmur S200.IX1. I M21K10.00 OIlity liadioRita has .1110uann• S(KXNL(K) 1 SiKKK1011 lraul, revel Rival,. FAL S200110 1 SIKX1.I0 1'1R(:1i1.11 • %w•t• Sparc Funiihm• llluxmur 'I•ntah n•relairab Fa. Subtotal $1l8(KK).00 Sublolal S93800.O0 S11000.00 I S500.IKI • 2IN)0K1 li S12(X1.UK1 Subtotal S62t$).00l . INK(;I:1. (: - ISlaluIr Subtotal SILK) t.U11)li S'1'11KKI.011 SITE 11ORK S I i8IKk1.IM) I:It 1 1SSI rs SI(KKKKI.011 Conlii 1<.,i I11%. S28I(X).00 Markel rbl Iilmndi ig 111(manel• lily J�•�t lopnu•ul ul'\\ I sill mill Social Media S I0,0(K).(Kl GI.1R1\'I'EEI 111Vnil \I PRICE $319100.00 Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park I Appendix B: Construction Budget Packet Pg. 123 3.10.c Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park AppendixB: Construction Budget Packet Pg. 124 3.10.c APPENDIX C Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park i Appendix C: About Urban Implementation Packet Pg. 125 3.10.c URBAN IMPLEMENTATION A Florida Limited Liability Company 199 East Flagler Street, #377 Miami, FL 33131 Urban Implementation is a pre -vitalization urban redevelopment consulting firm based in Downtown Miami. Urban Implementation designs, builds and implements projects that reduce slum and blight through the temporary use of vacant and/or dilapidated land, public art installations, and re -purposing public property to promote main street businesses. Urban Implementation's principals, Brad Knoefler and Mark Leniak, have been designing, building and implementing temporary parks, public art projects and other interventions in Downtown Miami since 2009. Our projects have been featured in the NPR, Miami Herald, Tactical Urbanism Handbook, the Downtown Miami Art Guide, among others, and include: Grand Central Park A 5-acre temporary park on the site of the former Miami Arena. Constructed in ninety (90) days. Largest temporary park constructed in the United States. The completed park included two hundred and fifty (250) native species of trees, a three -and -a -half -acre lawn, and a sloping amphitheater -shaped berm made with re -purposed debris of the demolished Miami Arena. Designed as a multi -use public space capable of generating revenue for rent, staff, maintenance and improvements. During its two-year term Grand Central Park hosted numerous community events and ticketed concerts drawing tens of thousands of visitors to Downtown Miami generating millions of dollars of economic activity in the area. Featured as a key redevelopment driver in Tactical Urbanism Vol 2 (hops://issuu.cam/streetplanscollaborative/docs/tactical urbanism vol 2 final, pg 54) Downtown Skate Spot A 60,000 square foot pop-up D-I-Y skate park built completely by the volunteer efforts of the local Miami skate boarding community. Initial construction was completed in one week, additional D-I-Y structures and modifications were added over time. The completed skate spot included a half pipe, quarter pipes, a faux pool wall, platforms, planks, and rails of all lengths, heights and dimensions. During its term it was a magnet of activity with dozens of skateboarders and passersby a day utilizing the space. It also provided safe harbor to dozens of young people otherwise subject to arrest for skate boarding. Miami Murals A 100,000 square foot mural installation spanning 12 buildings in Downtown Miami. Installed in 2 weeks. The completed installation featured work from several artists, who installed a piece after the building was "beautifully destroyed" by Risk. The most recognizable piece from the installation is the "Peace and Justice" installation NE 14 Court by Risk and Shepard Fairy. The murals have attracted thousands of visitors to the area by providing a walkable public art attraction visible from the Metro Mover and shared hundreds of thousands of times on social media. Weed Bombing Weed bombing is a tongue -and -cheek form of public protest art. We identified high traffic areas in Downtown Miami where the sidewalks had become overgrown by weeds. In some places, notably by the federal courthouse, weeds had overtaken so much of the sidewalk it was near impossible to walk. Along with volunteers and local artists and armed with left over cans of spray paint, we (very carefully) painted the weeds in myriad colors to beautify the sidewalks and call attention to the lack of care for the pedestrian right-of-way. The project was featured in several local news outlets and the areas targeted are well maintained today. Avenue D Beautification A street level beautification project to address public health and safety problems, as well as to enhance curb appeal, along North Miami Avenue and the FEC railroad right-of-way. The clean-up was completed in three phases: (1) repaving 7th street; (2) clearing debris from the railroad and pressure washing sidewalks; (3) installing deterrent landscaping in the railroad right-of-way and vacant parcels across the street. The clean- up resulted in a marked reduction in petty crime and vagrancy on the block. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park I Appendix C: About Urban Implementation Packet Pg. 126 3.10.c APPENDIX D Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park I Appendix D: PopLife Activation Packet Pg. 127 3.10.c POPLIFE's VISION FOR OMNI PARK PROGRAMMING To activate the "live" portion of the Omni Park with a diverse array of music and community driven events and activities, Branding and Marketing Develop basic branding and logo. Establish simple website, online event calendar and social media accounts. Permanent Park Activations Park Life by Skate Free A free skate park designed by Miami's own Skate Free a children's organization committed to promoting the sport of skateboarding to the youth community as a safe and healthy form of physical activity. In addition to being a readily available skate park, Skate Free will also organize special events to drive youth from new neighborhoods to explore the park and it's activations, with the possibility of creating a summer camp program. Omni Park Radio / Cafe The concept is to create two operations in one container. Half of the container will be an online radio station facility as well as an on the air component to the site of the park. The programming will consist of some of Miami's current thriving independent radio stations and radio programs. The rotating broadcasts between Klangbox, Jolt Radio, WVUM 90.5FM, Shake FM, etc. will be sure to create marketing impact with brand awareness of the park, it's events, as well as traffic to the site. The other half of the container will be a convenience store/cafe that will service not only the skate park and park attendees in general, but also serve as revenue stream to upkeep and cover some of the costs that operating the radio station will incur. Concerts and Events Front Yard Theatre, November - April In the tradition of Shakespeare in the Park but with a Miami spirit, the OMNI park would be home to the Front Yard Theatre Collective, a local theater and improv collective producing Miami inspired plays, improv shows, and events. The collective will produce monthly free theater presentations, and will invite other local improv and performance groups to participate. Jazz at Omni Park, January - December Monthly live music series featuring some of the best Miami has to offer in the live Jazz, Motown and Afro -roots genres. The target audience will be primarily families and local residents and workers in the immediate area. Our goal is to drive an attendance of 200-300 people per event. Omni Park Live (Quarterly concerts, 4 times a year) January, March, July, November These will be high impact events to further create brand awareness and community involvement. The goal is to bring 1500-2,000 people from surrounding neighborhoods, as well as the immediate community to enjoy the park. Some of these events will be subsidized in part by sponsorships and in part by tickets sales (discounted for the local community). Picnic and Pictures in the Park, November -April Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park Appendix D: PopLife Activation Packet Pg. 128 3.10.c Monthly Movie + Picnic series to take place at the park under the stars. Patrons can bring their own blankets and picnic baskets, wine, and snacks. Pre -made picnic baskets to be sold on site as well. These events will be produced and promoted in coordination with 0 Cinema, Secret Celluloid Society and film schools in the community. Omni Eats, January - December Taking a page from the cookbook of the Food Union in London, we'd like to activate the park with food vendors, a pop-up bar, and evening musical component once a month. This will allow local restaurants, food trucks, and start up food vendors the opportunity to reach a wider audience and to operate beyond normal business hours (8PM-12AM). Also featured would be a bar serving up bold elixirs curated by different neighborhood bars, such as The Corner, Beaker and Grey, Gramps, etc. Attachment: 1373 UI OMNI Park (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Omni Park I Appendix D: PopLife Activation Packet Pg. 129 3.10.d Professional Services Agreement between the Omni Redevelopment District Community Redevelopment Agency and Urban Implementation LLC This Professional Services Agreement ("Agreement") effective this, of November, 2016, is between Urban Implementation LLC, a Florida limited liability company located at 199 East Flagler Street, #377, Miami, FL 33131 ("U.l.") and the Omni Community Redevelopment Agency, located at 1401 North Miami Avenue, Miami, FL 33136 ("Omni CRA"). Collectively, U.I and the Omni CRA are known herein as the "Parties". RECITALS WHEREAS, the Omni CRA is established under the laws of the State of Florida for the purpose of the reduction of slum and blight within its boundaries; WHEREAS, the introduction of passive and active green space into a neighborhood improves quality of life and generates economic activity; WHEREAS, the Omni CRA has identified approximately seven (7) acres of blighted land within its boundaries abutting the Interstate 395, which it has leased from the Miami Parking Authority and intends to convert into a temporary neighborhood park and community event space; WHEREAS, U.I. possesses unique and highly specialized expertise in the design, development and implementation of temporary use projects intended to reduce slum and blight, in general, and temporary parks, in particular; WHEREAS, the Omni CRA wishes to engage U.I. for its unique and highly specialized expertise in the field of temporary use, generally, and temporary parks, in particular, for purposes of converting approximately seven (7) acres of blighted land into a temporary neighborhood park and community event space; NOW, THEREFORE, for good and valuable consideration already received and promised herein, U.I. and Omni CRA agree as follows: 1. Contract Documents This Agreement along with the following documents shall be the "Contract Documents" and together shall constitute the entire agreement between the parties. Each of the Contract Documents are incorporated herein by reference, and may be attached later, amended, or supplemented without affecting the force and effect of this Agreement of any other of the Contract Documents. To the extent there is a disagreement between this Agreement, the General Conditions (Attachment 1.1) and any other of the Contract Documents this Agreement shall govern. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 130 3.10.d The Contract Documents are: 1.1. General Conditions. 1.2. Resolutions. 1.3. Leases. 1.4. Permits. 1.5. Drawings 1.6. Schedule of Work. 1.7. Cost of Work. 2. Project Description 2.1. Project. The Omni CRA is engaging U.I. to design, mobilize and construct a temporary (2- 3 year) pop-up park pursuant to Resolution No. (the "Project"), a copy of which is included in Attachment 1.2, which is incorporated herein by reference. 2.2. Location. The Project is located on approximately 300,000 sq. ft. of land from North Miami Avenue to Northeast 2nd Avenue between Northeast 13th Street and Interstate 395 known as the "FDOTParcels" and more particularly described in the ground lease included as Attachment 1.3, which is incorporated herein by reference. 2.3. Scope of Work. The "Work shall consist of beautification of the FDOT Parcels including but not limited to painting and the temporary construction of fencing and installation of gates; clearing debris and weeds; minimal landscaping, pathways and wayfinding; construction of a skate park section, and community event space, in accordance with and pursuant to those certain permits which will be required by the City of Miami (Attachment 1.4) or any other appropriate governmental entity, and the architectural drawings (the "Drawings") included in Attachment 1.5, as amended from time -to -time pursuant to this Agreement. 2.4. Project Schedule. The parties shall each use all reasonable efforts to complete the Work according to the Schedule of Work included as Attachment 1.6, as amended from time -to -time pursuant to this Agreement, but shall be subject to the timelines contained herein. 3. Responsibilities of the Parties 3.1. U.I. Services. U.I. shall be responsible for any portion of the Work not reserved to other parties, including, but not limited to selection of subcontractor's, hiring and firing of day laborers, and day-to-day management of the Project at its sole discretion (the "Services"). U.I. shall ensure all third party vendors, including U.I.s and/or subcontractor's are licensed to perform the services they are hired to perform, to the extent required by law or the terms of this Agreement. U.I. shall keep the Omni CRA reasonably apprised of the status of the Project, and the Omni CRA may request reports, the form and content of which to be determined by the Omni CRA, at its reasonable discretion. U.I. shall perform the Services as an independent U.I. not as an employee or agent of the Omni CRA, and U.I. accepts the relationship of trust and confidence established by this Agreement and covenants with the Omni CRA that it maintains all the adequate expertise, judgment, and skill, and to exercise such in furthering the interests of the Omni CRA; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Omni CRA's interests and the terms of this Agreement. U.I. agrees that it shall comply with, and assure that any and all U.I.s and sub contractors, or vendors retained by Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 131 3.10.d U.I. within the scope of Work comply with all local, county, state and federal laws, including environmental regulations with regard to hazardous waste, etc. 3.2. Omni CRA Responsibilities. The Omni CRA shall be responsible for delivering possession of the Location; interfacing with any public or semi-public authorities having jurisdiction over the Project and for reasonably assisting U.I. in the obtaining on behalf of the Omni CRA any easements, permits, licensing or other permissions as may be necessary or required; complying with all local, county, state and federal laws, including environmental regulations with regard to hazardous waste, etc., in order for U.I. to do its Work or otherwise necessary for the completion, maintenance and programming of the Project. The Omni CRA agrees to furnish or approve, in a timely manner, information reasonably requested by U.I. and to make payments to U.I. in accordance with this Agreement and the Contract Documents. The Omni CRA's Executive Director (the "Director") shall act as the Omni CRA's agent and/or designee, and have full autonomy and authority to comply with and enforce the terms and conditions of this Agreement and the Contract Documents unless expressly reserved to the Board of Directors of the Omni CRA. 3.3. Maintenance and Programming. The parties acknowledge and agree that the Project requires ongoing maintenance and programming. The Omni CRA hereby represents and warrants that it will take all necessary and practical steps to ensure satisfactory ongoing maintenance and programming of the Project. 4. Project Term 4.1. Term. Work on the Project shall begin within ten (10) business days of U.I. receiving the Mobilization Fee (defined below), and shall end upon completion of the Services, or no later than one hundred and sixty (160) calendar days from the execution of this Agreement, whichever comes first, subject to any delays, changes, or extensions, or as otherwise may be provided in this Agreement or the Contract Documents. 4.2. Early Termination. Either party may terminate this Agreement prematurely for good cause. Good cause may include, but may not be limited to, a substantial breach by one of the parties, a series of breaches by one of the parties, or a breach that remains uncured for more than fifteen (15) business days. 5. Project Cost 5.1. Contract Price. The Omni CRA agrees to pay U.I. the sum equal to the Cost of Work plus U.I.'s Fee, subject to any mutually agreed changes, modifications, or adjustments, pursuant to this Agreement and the Contract Documents. The Contract Price shall in no event exceed the guaranteed maximum price set forth in the Cost of Work, subject to reasonable adjustments pursuant to Article 7. Any savings will be shared by the Parties, 25% to U.I. and 75% to Omni CRA. 5.2. Cost of Work. The Cost of Work shall be outlined and incorporated to this Agreement as Attachment 1.7, and shall include all costs reasonably and properly incurred in providing the U.I. Services, including, but not limited to, administrative and supervisory overhead, per-diems, travel expenses, materials, supplies, equipment, subcontractor's, signage, utilities, rents, permit fees, site preparation, clean-up and debris costs. U.I. shall use its reasonable efforts to complete its Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 132 3.10.d Services within the Cost of Work included with this Agreement. U.I. may, at its sole discretion, apply savings from one allowance in the Cost of Work to offset overages in other allowances subject to CRA Director's approval. 5.3. U.I.'s Fee. U.I. has incurred and shall incur significant risk as well as hard costs and opportunity costs in providing the Services contemplated by this Agreement and the Contract Documents, including, but not limited to, selection, supervision, management and oversight of materials, equipment, vendors, U.I.s, and other third parties reasonably and properly engaged. In consideration for its Services, U.I., therefore, shall charge a reasonable fee equal to twenty percent (15%) of the Cost of Work. 5.4. Design Fee. Omni CRA shall also pay a design fee of $20,000 U.S. dollars to U.I. for conceiving, designing and implementing the Project, which is non-refundable and only contingent on execution of this Agreement. 5.5. Changes to the Cost of Work. Changes to the Cost of Work will be by mutual written agreement of the Parties.. 6. Payments 6.1. Progress Payments. The Omni CRA shall make periodic progress payments on account of the Contract Price based upon a request for payment from U.I., which request for payment shall be agreed to by the parties as to form and substance. Requests for payment from U.I. shall be paid promptly, and in any event within twenty (20) days of receipt. The Omni CRA shall make payments directly, pursuant to the payment instructions included with the request for payment. 6.2. Mobilization Fee. An initial request for payment has been executed concomitantly with this Agreement, which initial request covers the cost for mobilizing the Work and begin construction of the Project. Such fee shall be approved by the Director upon written request the form and substance of which reasonably satisfactory to the Director at its discretion. 6.3. Retainage. Any request for payment shall include a ten percent (10%) retainage. Each retainage shall be returned with the subsequent request for payment. The final retainage shall be returned to U.I. within 30 days of receipt of its final payment from the Omni CRA. 6.4. Director Approval. No payments shall be made unless upon receipt of request for payment bearing the Executive Director's written approval. 6.5. Interest on Late Payments. Any request for payment timely made and unpaid within thirty (30) days of receipt by Omni CRA shall bear no interest. 7. Changes, Delays & Extension. 7.1. Omni CRA Initiated Changes. The Omni CRA may order changes in the Work within the general Project consisting of additions, deletions or other revisions. The Omni CRA shall issue such changes in writing. U.I. shall be entitled to an equitable adjustment in the Schedule of Work and Term as a result of changes in the Work, but such adjustment must be agreed upon in writing by both Parties. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 133 3.10.d 7.2. Delays & Extensions. If U.I. is delayed at any time in the commencement or progress of the Work by an act, omission or neglect of the Omni CRA, or by changes ordered in the Work and U.I. fully and completely complies with the notice requirements set forth herein, then the Term and the Schedule of Work shall be adjusted accordingly with no penalty to U.I.. 7.3. U.I. shall incorporate all changes in the Work, Schedule of Work and Term as separate entries in the Cost of Work, as applicable, and reflect any additional fees assessed pursuant to Article 5. 7.4 Insurance - A. U.I shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the Omni CRA. The insurance coverage(s), if and as required as of the Date of execution of this Agreement are to be provided by the Omni CRA and are to be incorporated herein by reference. The Omni CRA may request that the Omni CRA appear on each certificate of insurance as an "Additional Insured," to include U.I.'s commercial general liability, and auto liability policies. U.I. shall correct any insurance certificates as requested by the Omni CRA throughout the term of the Agreement. All such insurance, including renewals, shall be subject to the approval of the Omni CRA as to coverage(s), and shall be furnished to the Omni CRA on Certificates of Insurance indicating such insurance to be in force and effect, and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the Omni CRA prior to the performance of Services hereunder. B. U.I. understands and agrees that any and all liabilities regarding the use of any of U.I.'s employees or any of U.I.'s subcontractor for Services related to this Agreement shall be borne solely by U.I. throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. U.I. further understands and agrees that insurance for each employee of U.I. and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the Director throughout the duration of this Agreement. C. U.I. shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, U.I. shall be responsible for submitting new or renewed insurance certificates to the Director as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the Omni CRA may suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the Director; or D. Compliance with the foregoing requirements shall not relieve U.I. of its liabilities and obligations under this Agreement. 7.5 Indemnification — U.I. shall indemnify, defend and hold harmless the Omni CRA and its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 134 3.10.d death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of U.I. or its employees or subcontractors (collectively referred to as "U.I.") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of U.I, or any of them, or (ii) the failure of U.I. to comply materially with any of the requirements herein, or the failure of U.I. to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the Omni CRA, its officials and/or employees were negligent. U.I. expressly agrees to indemnify, defend, and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of U.I., or any of its subcontractors, as provided above, for which U.I.'s liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. U.I. further agrees to indemnify, defend, and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to U.I.'s negligent performance under this Agreement, compliance with which is left by this Agreement to U.I., and (ii) any and all claims, and/or suits for labor and materials furnished by U.I. or utilized in the performance of this Agreement or otherwise. If applicable, this section shall be interpreted to comply with Sections 725.06 and/or 725.08, Florida Statutes. U.I.'s obligations to indemnify, defend, and hold harmless the Indemnitees shall survive the termination/expiration of this Agreement. U.I. understands and agrees that any and all liabilities regarding the use of any subcontractor for Services of the Work related to this Agreement shall be borne solely by U.I. throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 8. Completion & Acceptance 8.1. Partial Completion. The Omni CRA may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with U.I., provided such occupancy or use is consented to by the insurer and authorized by any and all public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Omni CRA and U.I. have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When U.I. considers a portion substantially complete it will notify the Director in writing. Consent of U.I. to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the parties. 8.2. Substantial Completion. For purposes of this Agreement and the Contract Documents, "Substantial Completion" shall mean the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Omni CRA can occupy or utilize the Project for its intended use. When U.I. considers Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 135 3.10.d that the Work, or a portion thereof which the Omni CRA agrees to accept separately, is substantially complete, U.I. shall prepare and submit to the Director a comprehensive list of items to be completed or corrected prior to final payment, upon the receipt of which the Director will make an inspection to determine whether the Work or designated portion thereof is substantially complete. U.I. shall complete or correct any items noted by Omni CRA as not sufficiently complete. Failure to include an item on such list does not alter the responsibility of the U.I. to complete all Work in accordance with the Contract Documents. 8.3. Final Completion. U.I. shall notify the Omni CRA that the Work is ready for final inspection and acceptance along with its final request for payment. The Director shall promptly make such inspection and, when the Director finds the Work acceptable under the Contract Documents and the Agreement fully performed, the Director will promptly issue a final payment. The making of final payment shall constitute a waiver of Claims by the Omni CRA except those arising from (a) liens, Claims, security interests or encumbrances arising out of the Contract and unsettled at the time of Final Payment; (b) failure of the Work pursuant to with the requirements of the Contract Documents, including but not limited to latent defects or any claim for a defect not readily discoverable through visual inspection of the Project; or (c) terms of special warranties required by the Contract Documents or by law. 8.4. Acceptance of Final Payment. Acceptance of final payment by U.I., a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 9. Defaults 9.1. Breach. Failure to perform each of the obligations set forth in this Agreement and the Contract Documents shall constitute a breach of this Agreement. No action or failure to act with respect to a breach or alleged breach of this Agreement or the Contract Documents shall be deemed to waive any right to claim a breach in the future generally, or with regard to the specific allegation in particular. 9.2. Notice. Any claim of a breach by any party hereunder, or communication associated with the terms of this Agreement, shall be made in writing as follows: If to Urban Implementation: Mark Lesniak Urban Implementation LLC 199 E Flagler Street, #377 Miami, FL 33131 If to the Omni CRA: Jason Walker Omni Community Redevelopment Agency 1401 N Miami Ave Miami, FL 33136 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 136 3.10.d 9.3. Cure. A party having received a written notice of a breach of this Agreement or the Contract Documents shall have fifteen (15) days to cure the alleged breach. Failure to timely cure the alleged breach shall result in a the non -breaching party being able to seek to enforce any and all rights and remedies as described herein or available to it at law. 10. Termination and Remedies 10.1. Termination by U.I. U.I. may terminate this Agreement at anytime if (a) Work is stopped for thirty (30) days through no act or fault of its own, or any individual or entity under its direct or indirect control; (b) an unforeseeable circumstances requires the Work stop, such as a Force Majeure event as described herein; (c) a work -stop order issued by the Omni CRA; (d) payment is being withheld; (e) Omni CRA has failed to meet its obligations in this Agreement or the Contract Documents; (f) repeated suspensions or delays caused by Omni CRA. 10.2. Termination by Omni CRA for cause. The Omni CRA may terminate this Agreement at anytime if U.I. (w) refuses or fails to supply enough properly skilled workers or proper materials; (x) fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between U.I. and the Subcontractors; (y) disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority or the condominium association; or (z) otherwise is guilty of breach of a provision of this Agreement or the Contract Documents. 10.3. Termination for Convenience. If the Omni CRA terminates this Agreement for convenience, for any reason, it shall provide written notice to U.I. of such termination , and U.I. shall cease operations as directed by the Omni CRA in the notice; take actions necessary, or that the Omni CRA may direct, for the protection and preservation of the Work; and except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. In case of such termination for the Omni CRA's convenience, U.I. shall be entitled to receive payment for Work executed, and reasonable costs incurred as a result of of such termination. U.I. shall not be entitled to, nor shall the Omni CRA be obligated to tender any payments for services not yet provided after the effective date of termination as issued in the notice. Miscellaneous Provisions 11.1 Nondiscrimination — U.I. represents to the Omni CRA that U.I. does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with U.I's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. U.I. further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 11.2 Public Records - U.I. understands that the public shall have access, at all reasonable times, to all documents and information pertaining to Omni CRA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable law. U.I. shall comply with Section 119.0701, Florida Statutes, including without limitation: (i) keeping and Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 137 3.10.d maintaining public records that ordinarily and necessarily would be required by the Omni CRA to perform under this Agreement; (ii) providing the public with access to public records on the same terms and conditions as the Omni CRA would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (iii) ensuring that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (iv) meeting all requirements for retaining public records and transferring, at no cost, to the Omni CRA all public records in its possession upon termination of this Agreement and destroying any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and (v) all electronically stored public records shall be provide to the Omni CRA in a format compatible with the Omni CRA's information technology systems. U.I.'s failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the Omni CRA. Compliance with Federal, State, and Local Laws - U.I. understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. The Omni CRA and U.I. agree to comply with and observe all applicable federal, state, and local laws, rules, regulations, codes, and ordinances, as may be amended from time to time. 11.2 Governing law. This Agreement and the Contract Documents shall be governed by the laws of the State of Florida, and venue for any claim that shall arise as a result of the Work or terms outlined or contemplated by this Agreement shall be Miami -Dade County, Florida. Each party shall be responsible for it's own attorney's fees. 11.3 Entire Agreement. This Agreement and the Contract Documents, as amended, supplemented or changed solely by mutual writing of the Parties, pursuant to these terms and conditions, shall represent the entire agreement among the parties and no outside writing, recollection or other parole evidence shall be permitted as evidence of its intent or of side or supplemental agreements between the parties. 11.4 Survival. The specific provisions of this Agreement dealing with compliance with any and all state, local, or federal laws, rules, and/or regulations, to include but not be limited to those related to audit and inspection, indemnity, payment obligations, and public records laws shall survive the expiration/termination of this Agreement 11.5 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. 11.6 A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 138 3.10.d additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 11.7 Parties not liable for delays— U.I hereby understands and agrees that in no event shall the Omni CRA be liable for, or responsible to U.I., or any U.I. or subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the Omni CRA has no control. The Omni CRA hereby understands and agrees that in no event shall U.I. be liable for, or responsible to the Omni CRA, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which U.I. has no control. 11.8 Successors and Assigns - This Agreement shall be binding upon the Parties hereto, their heirs, executors, legal representatives, successors, or assigns. 11.9 Independent Contractor - U.I. has been procured and is being engaged to provide Services to the Omni CRA as an independent U.I., and not as an agent or employee of the Omni CRA. U.I. further understands that Florida Workers' Compensation benefits available to employees of the Omni CRA (if applicable) are not available to U.I., its employees, or any subcontractor hired by U.I. to provide any Services hereunder, and U.I. agrees to provide or to require subcontractor.(s) to provide, as applicable, workers' compensation insurance for any employee or agent of U.I. rendering Services to the Omni CRA under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. AGREED: NOVEMBER _, 2016. OMNI CRA URBAN IMPLEMENTATION LLC Jason Walker, Brad Knoefler, Principal Executive Director Mark Leniak, Principal Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 139 3.10.d ATTACHMENT 1.1 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 140 3.10.d Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 141 3.10.d URBAN IMPLEMENTATION LLC GENERAL CONDITIONS Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 142 3.10.d ARTICLE 1 GENERAL PROVISIONS § 1.1. The intent of the Contract Documents is to include all items necessary and prudent for the proper execution and rendering of the Services by U.I. as described in that certain Professional Services Agreement ("PSA") between U.I. and the Omni CRA. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by U.I. shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. To the extent there is a disagreement between the PSA, these General Conditions, or the other Contract Documents, the PSA shall govern. § 1.2. Unless otherwise stated in the Contract Documents, words that have well-known technical, governmental or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.4. Any intellectual property rights developed specifically for the Project are and shall remain the property of the Omni CRA, and the Omni CRA shall have the right to change the intellectual property developed for the Project any time at its sole discretion and cost and all uses shall inure solely to the benefit of the Omni CRA. The Omni CRA shall not use the intellectual property developed solely for the Project without including attribution to U.I., which attribution shall be subject to U.I.'s approval which shall not be unreasonably withheld, conditioned or delayed. U.I. may use the intellectual property developed for the Project to promote its services, throughout the world, without limitation, on a non-exclusive basis and subject to Omni CRA's consent, which shall not be unreasonably withheld, conditioned or delayed. ARTICLE 2 OMNI CRA §2.1. The Omni CRA is the entity identified as such in the PSA. The Omni CRA shall name a designee with express authority to bind the Omni CRA with respect to all matters requiring the Omni CRA's approval or authorization, under the Contract Documents, except where expressly reserved to the CRA's Board of Directors. §2.2. The Omni CRA shall furnish U.I. with a legal description of the land where the Project is located and where the Work contemplated by the PSA is to be carried out, and shall disclose any ownership interests therein, if any. §2.4. The Omni CRA shall furnish U.I. with any other information and services necessary, required or prudent to ensure proper execution of the Work and completion of the Project. §2.5. The Omni CRA may, upon approval by its Board of Directors, stop work on the Project if U.I. materially fails to provide the Services contemplated by the Work described in the PSA. The Director shall provide U.I. with written notice of breach, and U.I. shall have 15 days to cure any defective Work before the Omni CRA may exercise this option to stop work. §2.6. If the Omni CRA elects to stop work, and U.I. fails to timely cure any alleged defects in the Work, then the Omni CRA may, at its sole discretion, have the work completed by another individual or entity. However, U.I. shall not be responsible for costs associated with completing the Work. §2.7. Unless otherwise provided in the Contract Documents, the Omni CRA shall provide and pay the all costs and any taxes, including without limitation, sales taxes, payroll taxes or other taxes as applicable, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work, pursuant to properly executed requests for payment approved by the Director and submitted by U.I. ARTICLE 3 URBAN IMPLEMENTATION LLC § 3.1 U.I. is the entity identified as such in the PSA. U.I. shall identify a designee who shall have express authority to bind U.I. with respect to all matters under the Contract Documents. § 3.2 U.I. shall perform the Work in accordance with the PSA and the Contract Documents to the standards commensurate with other residential projects of similar complexity and value in the area. §3.3 Execution of the PSA by U.I. is a representation that U.I. has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §3.4 Because the Contract Documents are complementary, U.I. shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Omni CRA, shall take appropriate measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and implementing by U.I. and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, U.I. shall promptly report to the Director any Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 143 errors, inconsistencies or omissions discovered by or made known to U.I. as a request for information in such form as the Director may require. It is recognized that U.I.'s review is made in U.I.'s capacity as a professional services provider, and not as a licensed contractor, engineer or design professional. §3.5 U.I. shall promptly report to the Director any illegality or nonconformity in the Contract Documents discovered by or made known to U.I. § 3.6 If U.I. believes that additional cost or time is involved because of clarifications or instructions the Omni CRA issues in response to U.I.'s notices or requests for information, then U.I. shall request a change order to adjust the contract price and time as provided in PSA. U.I. shall not be liable to the Omni CRA for damages resulting from errors, inconsistencies or omissions in the Contract Documents that result solely by action or ommissions of the Omni CRA, for differences between field measurements or conditions and the Contract Documents. §3.7. U.I. shall supervise and direct the Work, using U.I.'s best skill and attention. U.I. shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the PSA, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, U.I. shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If U.I. determines that such means, methods, techniques, sequences or procedures may not be safe, U.I. shall give timely written notice to the Director and shall not proceed with that portion of the Work without further written instructions from the Omni CRA. If U.I. is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by U.I., the Omni CRA shall be solely responsible for any loss or damage arising solely from those Omni CRA- required means, methods, techniques, sequences or procedures. Such authorization outside of the scope of the recommendations and changes suggested by U.I., the Omni CRA's direction to proceed shall be required to be express and in writing acknowledging U.I.'s recommendations. §3.8. U.I. shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. §3.9. U.I. may make substitutions only with the prior written consent of the Director. §3.10. U.I. shall enforce discipline and good order among U.I.'s employees and other persons carrying out the Work. U.I. shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them, to the extent it has control over hiring / firing of labor. §3.11. U.I. warrants to the Omni CRA that materials and equipment furnished under the PSA will be of good quality and new unless the Contract Documents require or permit otherwise. U.I. further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. U.I.'s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by U.I., improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. §3.12. U.I. shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.13. If U.I. performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, U.I. shall assume appropriate responsibility for such Work. § 3.14. Concealed or Unknown Conditions. If U.I. encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, U.I. shall promptly provide notice to the Director before conditions are disturbed. The Director will promptly investigate or cause to be investigated such conditions and, if the Director determines that they differ materially and cause an increase or decrease in U.I.'s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the contract price and time, as appropriate. If the Director determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Director shall promptly notify the Omni CRA Board and U.I. in writing, stating the reasons. If either party disputes the Director's determination or recommendation, that party may proceed as provided in the PSA or these General Conditions or at law or in equity. § 3.15. If, in the course of the Work, U.I. encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, U.I. shall immediately suspend any operations that would affect them and shall notify the Director. Upon receipt of such notice, the Director shall promptly take any action necessary to obtain governmental authorization required to resume the operations at the Omni CRA's costs. U.I. shall continue to suspend such operations until otherwise instructed by the Director but Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 144 3.1O.d shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in the PSA or these General Conditions or at law or in equity. § 3.16. The Cost of Work attached to the PSA includes allowances. U.I. shall engage vendors, contractors, or direct -hire on behalf of the Omni CRA, at its sole discretion subject to the Director's reasonable objections. U.I. shall use such allowances to cover the cost of materials, equipment and taxes thereon, including any fees owed to U.I. § 3.17. U.I. may use savings from one allowance to cover overages from another. Whenever costs are more than or less than allowances, U.I. shall notify the Director in writing along with any re -allocations of funds. If the contract price needs to be adjusted, then the time and amount shall be submitted to the Omni CRA Board in a Change Order approved by the Director which shall reflect difference between actual costs and estimated allowance as well as changes in U.I.'s costs and/or fees due. § 3.18. Materials and equipment under an allowance shall be selected by U.I., subject to the Director's approval, which shall not be unreasonably delayed, withheld or conditioned. § 3.19. U.I. shall employ a competent project manager and necessary assistants who shall be in attendance at the Project Location during performance of the Work. The project manager shall represent U.I., and communications given to the project manager shall be as binding as if given to U.I. §3.20. U.I. shall not employ a proposed project manager to whom Director has made reasonable and timely objection. U.I. shall not change the project manager without the Director's consent, which shall not unreasonably be withheld, conditioned or delayed. § 3.21. U.I. has attached a proposed Schedule of Work to the PSA, which Omni CRA has agreed to by accepting the PSA, and which Schedule shall be revised at appropriate intervals pursuant to the PSA, these General Conditions, or the Contract Documents, as made necessary, required or prudent by the conditions of the location of the Project, in the context of the Work to be performed, but in all circumstances, shall provide its Services in as expeditious a fashion as is reasonably prudent given the facts presented. § 3.21. U.I. shall maintain at the site for the Omni CRA one copy of the PSA and Contract Documents in good order and marked currently to indicate field changes and selections made during construction. These shall be available upon the Director's reasonable request. § 3.22. U.I. shall not be required to provide services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless U.I. needs to provide such services in order to carry out U.I.'s responsibilities for construction means, methods, techniques, sequences and procedures. U.I. shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of U.I. by the Contract Documents, the Omni CRA will specify all performance and design criteria that such services must satisfy and, at Omni CRA's expense, U.I. shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Drawings and other submittals prepared by such professional. Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Director. The Omni CRA shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Omni CRA has have specified to U.I. all performance and design criteria that such services must satisfy. The Director will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.23. U.I. shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.24. U.I. shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.25. U.I. shall not damage or endanger a portion of the Work or fully or partially completed construction of the Omni CRA or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. U.I. shall not cut or otherwise alter such construction by the Omni CRA or a separate contractor except with written consent of the Omni CRA and of such separate contractor; such consent shall not be unreasonably withheld. U.I. shall not unreasonably withhold from the Omni CRA or a separate contractor U.I.'s consent to cutting or otherwise altering the Work. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 145 3.10.d § 3.26. U.I. shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, U.I. shall remove waste materials, rubbish, U.I.'s tools, construction equipment, machinery and surplus materials from and about the Project. § 3.27. U.I. shall provide the Omni CRA access to the Work in preparation and progress wherever located whenever practicable. ARTICLE 4. ADMINISTRATION §4.1. The Director as identified in the PSA shall be the administrator of the Project, and the Work contemplated by the Services and the Contract Documents. The Director shall have the authority to issue payments, enter agreements, and generally have all the authority of the Omni CRA unless expressly reserved to its Board of Directors. § 4.2. The Director may visit the site at intervals appropriate to the stage of construction, or as otherwise determined by the Omni CRA, to be generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Director will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Director will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely U.I.'s rights and responsibilities under the Contract Documents, except as provided elsewhere herein. § 4.3. On the basis of the site visits, the Director will keep the Omni CRA reasonably informed about the progress and quality of the portion of the Work completed, and report to the Omni CRA (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by U.I., and (2) defects and deficiencies observed in the Work. The Director will not be responsible for U.I.'s failure to perform the Work in accordance with the requirements of the Contract Documents. The Director will not have control over or charge of and will not be responsible for acts or omissions of U.I., Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.4. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Omni CRA and U.I. shall endeavor to communicate with each other through the Director about matters arising out of or relating to the Project. § 4.5. The Director will review and certify the amounts due U.I. and will approve all requests for payment in such amounts, within seven (7) days of receipt of requests for payment. § 4.6. The Director has the authority to reject Work that does not conform to the Contract Documents. Whenever the Director considers it necessary or advisable, the Director will have authority to require inspection or testing of the Work, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Director nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Director to U.I., Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.7. The Director will conduct inspections to determine the date or dates of substantial completion and the date of final completion; approve all requests for payment; issue any certificates required; receive on behalf of the Omni CRA any requests for payment, documents, claims, other matters from U.I. § 4.8. The Director will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Omni CRA or U.I. The Director's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.9. The Director's decisions on matters relating to aesthetic effect will be final if reasonably consistent with the intent expressed in the Contract Documents. ARTICLE 5 SUBCONTRACTORS § 5.1. U.I. has sole discretion to select subcontractors pursuant to the PSA, and shall notify in writing the proposed subcontractors to the Director prior to contracting with such. § 5.2. U.I. shall not contract with a proposed person or entity to whom the Director has made reasonable and timely objection. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 146 3.10.d § 5.3. By appropriate agreement, written where legally required for validity, U.I. shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to U.I. by terms of the Contract Documents, and to assume toward U.I. all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which U.I., by these Documents, assumes toward the Omni CRA. Each subcontract agreement shall preserve and protect the rights of the Omni CRA under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against U.I. that U.I., by the Contract Documents, has against the Omni CRA. ARTICLE 6 CONSTRUCTION BY OMNI CRA OR BY SEPARATE CONTRACTORS § 6.1. The Omni CRA may not perform construction or operations related to the Project with the Omni CRA's own forces, and may not award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If U.I. claims that delay or additional cost is involved because of such action by the Omni CRA, U.I. shall make such Claim as provided in the PSA, the Contract Documents, at law or in equity, unless otherwise agreed to in writing by U.I. § 6.2 U.I. shall afford the Omni CRA and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate U.I.'s construction and operations with theirs as required by the Contract Documents. § 6.3. If part of U.I.'s Work depends for proper execution or results upon construction or operations by the Omni CRA or a separate contractor, U.I. shall, prior to proceeding with that portion of the Work, promptly report to the Director apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of U.I. so to report shall constitute an acknowledgment that the Omni CRA's or separate contractor's completed or partially completed construction is fit and proper to receive U.I.'s Work, except as to defects not then reasonably discoverable. § 6.4. The Omni CRA shall be responsible to U.I. for costs U.I. incurs because of a separate contractor's, hired by Omni CRA outside of the scope of services contemplated by the PSA, for any delays, improperly timed activities, damage to the Work or defective construction. § 6.5. The Omni CRA and each separate contractor shall have the same responsibilities for cutting and patching as are described for U.I. herein. § 6.6. If a dispute arises among U.I., separate contractors and the Omni CRA as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Omni CRA may clean up and the Director will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 Changes in the Work may be accomplished after execution of the PSA, and without invalidating the PSA, by Change Order, or order for a minor change in the Work, subject to the limitations stated in the PSA and elsewhere in the Contract Documents. § 7.2. A Change Order shall be based upon agreement among Director and U.I. § 7.3. Changes in the Work shall be performed under applicable provisions of the Contract Documents, and U.I. shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.4. A Change Order is a written instrument prepared by U.I. and the Director stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.5. The Director has authority to order changes in the Work not involving adjustments above the Contract Sum or extensions of the Contract Time and not otherwise inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Director and shall be binding on the Omni CRA. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 147 3.10.d ARTICLE 8 TIME § 8.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.2. The date of commencement of the Work is the date established in the PSA. § 8.3. The date of Substantial Completion is the date certified by the Director in accordance with the PSA. § 8.4. The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.5. U.I. shall not knowingly, except by agreement or instruction of the Omni CRA in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required to be furnished by U.I. and Omni CRA. § 8.6. If U.I. is delayed at any time in the commencement or progress of the Work by an act or neglect of the Omni CRA or Director, or of an employee of either, or of a separate contractor employed by the Omni CRA; or by changes ordered in the Work; or by labor disputes, fire, unavoidable casualties or other causes beyond U.I.'s control; or by delay authorized by the Omni CRA; or by other causes that the Director determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Director may determine, and as outlined in the PSA.. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT PRICE The Contract Price is stated in the PSA and, including authorized adjustments, is the total amount payable by the Omni CRA to U.I. for performance of the Services contemplated by the Work as described in the PSA and the Contract Documents. § 9.2 APPROVAL FOR PAYMENT The Director will, within seven (7) days after receipt of U.I.'s request for payment, either approval the requests and submit it for payment to the Omni CRA, with a copy to U.I., for such amount as the Director determines is properly due, or notify U.I. of the reasons for withholding payment in whole or in part. § 9.3 The issuance of payment will constitute a representation by the Director, based on the Director's evaluation of the Work and the data comprising the requests for payment, that, to the best of the Director's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The Director's approval of a request for payment will further constitute a representation that U.I. is entitled to payment in the amount certified, with the exception of defects or circumstances not known at the time of payment issued.. § 9.4 DECISIONS TO WITHHOLD PAYMENT The Director may withhold payment in whole or in part, to the extent reasonably necessary to protect the Omni CRA, if in the Director's opinion there exists or may exists a loss for which U.I. is responsible, including loss resulting from: .1 defective Work not remedied; .2 third party claims filed, claims of lien recorded or reasonable evidence indicating probable filing of such claims unless security acceptable to the Omni CRA is provided by U.I.; .3 failure of U.I. to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Omni CRA or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual damages for the anticipated delay; or .7 failure to carry out the Work in accordance with the Contract Documents. § 9.5. When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.6. After the Director has approved U.I. request for payment, the Omni CRA shall pay U.I., and each vendor, materials and equipment, and Subcontractor directly, according to the mutually agreed upon flow of funds included in the request for payment, and no later than twenty (20) days after receipt of an approved request for payment from the Director. § 9.7 FAILURE OF PAYMENT U.I. may stop the Work if payment has not been made within the time frame provided in the PSA, these General Conditions, or as otherwise provided in the Contract Documents, until payment of the amount owing has been Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 148 3.1O.d received. If payment is withheld for any reason not specifically expressed and allowed in the PSA or the Contract Documents, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of U.I.'s reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. In addition, Omni CRA shall be responsible for any expenses or damages incurred by U.I. as a result of any collection action or delay caused by Omni CRA. § 9.8 SUBSTANTIAL COMPLETION Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Omni CRA can occupy or utilize the Work for its intended use. § 9.9 When U.I. considers that the Work, or a portion thereof which the Omni CRA agrees to accept separately, is substantially complete, U.I. shall prepare and submit to the Director a list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of U.I. to complete all Work in accordance with the Contract Documents. § 9.10. Upon receipt of U.I.'s list, the Director will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Director's inspection discloses any item, whether or not included on U.I.'s list, which is not sufficiently complete in accordance with the Contract Documents so that the Omni CRA can occupy or utilize the Work or designated portion thereof for its intended use, U.I. shall, before the Director determines the project is substantially complete, complete or correct such item upon notification by the Director. In such case, U.I. shall then submit a request for another inspection by the Director to determine Substantial Completion. § 9.11 When the Work or designated portion thereof is substantially complete, the Director shall establish the date of Substantial Completion, and shall establish responsibilities of the Omni CRA for security, maintenance, heat, utilities, damage to the Work and insurance. § 9.12 PARTIAL OCCUPANCY OR USE The Omni CRA may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with U.I., provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Omni CRA and U.I. have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When U.I. considers a portion substantially complete, U.I. shall prepare and submit a list to the Director as provided herein. Consent of U.I. to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Omni CRA and U.I. or, if no agreement is reached, by decision of the Director. § 9.13 Immediately prior to such partial occupancy or use, the Omni CRA, U.I. and Director shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.14 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.15 FINAL COMPLETION AND FINAL PAYMENT Upon receipt of U.I.'s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final request for payment, the Director will promptly make such inspection and, when the Director finds the Work acceptable under the Contract Documents and the Contract fully performed, the Director will promptly issue a final payment stating that to the best of the Director's knowledge, information and belief, and on the basis of the Director's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due U.I. and noted in the final payment is due and payable. The Director's final payment will constitute a further representation that conditions precedent to U.I.'s being entitled to final payment have been fulfilled. § 9.16 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of U.I. or by issuance of Change Orders affecting final completion, the Omni CRA shall, upon application by U.I. and certification by the Director, and without terminating the PSA, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by U.I. to the Director prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 149 3-10.d § 9.17. The making of final payment shall constitute a waiver of Claims by the Omni CRA except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents, including but not limited to latent defects or any claim for a defect not readily discoverable through visual inspection of the Project; or .3 terms of special warranties required by the Contract Documents. 4. Any and all circumstances that would have led to a potential claim at any time during the term of the Agreement that is not known by the Director at the time final payment is made. § 9.18 Acceptance of final payment by U.I., a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final payment. ARTICLE 10 PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS U.I. shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 U.I. shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of U.I. or U.I.'s Subcontractors or Sub -subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 U.I. shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 U.I. shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Omni CRAs and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, U.I. shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 U.I. shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by U.I., a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which U.I. is responsible, except damage or loss attributable to acts or omissions of the Omni CRA or Director or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of U.I.. The foregoing obligations of U.I. are in addition to U.I.'s obligations anywhere else herein. § 10.2.6 U.I. shall designate a responsible member of U.I.'s organization at the site whose duty shall be the prevention of accidents. This person shall be U.I.'s superintendent unless otherwise designated by U.I. in writing to the Omni CRA and Director. § 10.2.7 U.I. shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. §10.2.8INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 150 3.1O.d § 10.3 HAZARDOUS MATERIALS § 10.3.1 U.I. is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If U.I. encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by U.I., U.I. shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Director in writing. § 10.3.2 Upon receipt of U.I.'s written notice, the Omni CRA shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by U.I. and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Omni CRA shall furnish in writing to U.I. the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. U.I. will promptly reply to the Omni CRA in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Omni CRA. If U.I. has an objection to a person or entity proposed by the Omni CRA, the Omni CRA shall propose another to whom U.I. has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Omni CRA and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of U.I.'s reasonable additional costs of shut -down, delay and start-up. § 10.3.4 The Omni CRA shall not be responsible for materials or substances U.I. brings to the site unless such materials or substances are required by the Contract Documents. The Omni CRA shall not be responsible for materials or substances required by the Contract Documents. U.I. shall be responsible for its use, negligent or otherwise and handling of such materials or substances. § 10.3.5 U.I. shall indemnify the Omni CRA for the cost and expense the Omni CRA incurs (1) for remediation of a material or substance U.I. brings to the site and negligently handles, or (2) where U.I. fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Omni CRA's fault or negligence. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, U.I. shall act, at U.I.'s discretion, to prevent threatened damage, injury or loss. Additional compensation, if applicable, or extension of time, if applicable, claimed by U.I. on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 LIABILITY INSURANCE See PSA. ARTICLE 12 UNCOVERING AND CORRECTING WORK § 12.1. If a portion of the Work is covered contrary to the Director's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Director, be uncovered for the Director's examination. § 12.2. U.I. shall promptly correct Work rejected by the Director or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. § 12.3 U.I. shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by U.I. nor accepted by the Omni CRA. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Omni CRA prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Director may do so instead of requiring its removal and correction. This is to be reflected in a writing signed by both Parties. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract and venue for any and all associated claims or causes of action shall be governed by the law of the place where the Project is located. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 151 3.10.d § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Omni CRA and U.I. respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided herein, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Omni CRA may not, without consent of U.I., assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Omni CRA's rights and obligations under the Contract Documents. U.I. shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Omni CRA, Director or U.I. shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, U.I. shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Director, or with the appropriate public authority, and Omni CRA shall bear all related costs of tests, inspections and approvals. U.I. shall give the Director timely notice of when and where tests and inspections are to be made so that the Director may be present for such procedures. The Omni CRA shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Omni CRA from delegating their cost to U.I.. § 13.5.2 If the Director, Omni CRA or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included hereunder, the Director will instruct U.I. to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Director and U.I. shall give timely notice to the Director of when and where tests and inspections are to be made so that the Director may be present for such procedures. Such costs shall be at the Omni CRA's expense. § 13.6INTEREST Payments due and unpaid, not specifically withheld pursuant to the PSA or Contract Documents, shall bear interest from the date payment is due at such rate of five percent (5%). Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 152 3.10.d ATTACHMENT 1.2 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 153 3.10.d Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 154 3.10.d TO BE SUPPLMENTED UPON APPROVAL OF RESOLUTION BY OMNI CRA BOARD Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 155 3.10.d ATTACHMENT 1.3 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 156 3.10.d TO BE SUPPLEMENTED UPON EXECUTION OF LICENSE BETWEEN MIAMI PARKING AUTHORITY AND FLORIDA DEPARTMENT OF TRANSPORTATION AND ANY SUBSEQUENT WRITINGS BETWEEN MIAMI PARKING AUTHORITY AND THE OMNI CRA. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 157 3.10.d ATTACHMENT 1.4 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 158 3.10.d TO BE SUPPLEMENTED UPON APPROVAL OF TEMPORARY USE PERMIT BY THE CITY OF MIAMI. Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 159 3.10.d ATTACHMENT 1.5 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 160 3.10.d TO BE ATTACHED / ASSEMBLED WHEN PRINTED. SEE SEPARATE FILE SENT VIA DROPBOX LABELED: "UI.OMNI PSA.ATTACHMENT 1.5.RENDERINGS AND DRAWINGS.PDF" Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 161 3.10.d ATTACHMENT 1.6 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 162 3.10.d SCHEDULE OF WORK This proposed schedule may change from time -to -time pursuant to this Agreement. WEEK 1— 2: Site work WEEK 3 — 4: Landscaping / Pathways WEEK 5 — 6: Facilities, containers, A/V and skate equipment Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 163 3.10.d ATTACHMENT 1.7 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 164 OMNI PARK CONSTRUCTION BUDGET Unit Unit Cost No. Units Estimate LABOR Project manager hr $55.00 600 $33000.00 Subtotal $33000.00 SITEWORK (Parcels A-0( Bulldozer & operator Flat Fee $10000.00 1 $10000.00 Dumpsters Ea. $700.00 15 $10500.00 Fence painting Allowance $10,000.00 1 $10000.00 Landscaping Sq.Ft. $0.25 250000 $62500.00 Pathways & signage Allowance $30,000.00 1 $30000.00 Lighting Allowance $3000.00 1 S3000.00 Gates Ea. $3000.00 5 $15000.00 Electrical conduit Allowance 3000 1 $3000.00 FPLTemp Electrical Meter Ea. 2000 1 $2000.00 Water hoses Allowance $2000.00 1 $2000.00 Subtotal $148000.00 PARCEL A - Community Event Space Skate Park Allowance $20000.00 1 $20000.00 Stage Ea. $15000.00 1 $15000.00 AIV Equipment Allowance $50000.00 1 $50000.00 Storage Allowance S2000.00 1 $2000.00 Office / Radio station Allowance $6000.00 1 $6000.00 Trash recepticals Ea. $200.00 4 $800.00 Subtotal $93800.00 PARCEL B - Zen Space Furniture Allowance $5000.00 1 $5000.00 Trash reeepticals Ea. $200.00 6 $1200.00 Subtotal $6200.00 PARCEL C - Pasture Subtotal $0.00 LABOR SITE WORK CRA ASSETS Contingency (10%) Marketing / Branding Allowance for development of Website and Social Media GUARANTEED MAXIMUM PRICE $33000.00 $118000.00 S100000.00 S28100.00 $10,000.00 $319100.00 Attachment: 1373 Exhibit (1373 : Agreement with URBAN IMPLEMENTATION, LLC (UI) for Public Pop -Up Park) Packet Pg. 165