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HomeMy WebLinkAboutExhibit 1CITY OF MIAMI GRANT AGREEMENT This CITY OF MIAMI GRANT AGREEMENT (the "Agreement") is made as of this day of , 2011 by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA"), and THE CITY OF MIAMI, a municipal corporation of the State of Florida (the "Grantee"). RECITALS A. The CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with its approved Redevelopment Plan. B. The development of streetscapes that are both functional and visually attractive and the beautification of streets in the Area are stated redevelopment goals of the 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"). D. The Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency of the City of Miami, by Resolution No. CRA-R-11-0041, a copy of which is attached as Exhibit "A" hereto and made a part hereof, passed and adopted on July 28, 2011, authorized the issuance of a grant, in an amount not to exceed Eighty Thousand and No/100 Dollars ($80,000.00), payable to Grantee,, to underwrite costs associated with landscaping improvement within the SEOPW CRA Area. E. The Board of Commissioner of the City of Miami, by Resolution No. R-05- 0500, a copy of which is attached as Exhibit "B" hereto and made a part hereof, passed and adopted on September 8, 2005, authorized the City to engage in a landscaping improvement project, where the City is responsible for the maintenance of the completed project at the amount of Twenty Thousand Dollars ($20,000.00) per year for years Two (2) through Five (5). F. The CRA and Grantee wish to enter into this Agreement to set forth the terms and conditions relating to the use of this grant. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the CRA and Grantee agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct, and are incorporated herein by reference and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant shall be used as follows: to underwrite the costs associated with landscaping improvement.within.the. area between the.Northbound and Southbound lanes of I 95, south of 395, and North of Northwest 1 1 ' Terrace, and the Southbound exit of Northwest 8th Street, as more specifically set forth in Exhibit "A" and'Exhibit "B" ("Scope of Work" or "Project"). 4. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other requirements affecting the activities funded by the Grant. Grantee covenants and agrees to comply, and represents and warrants to the CRA that the Grant shall be used in accordance, with all of the requirements, terms and conditions contained therein as the same may be amended during the term hereof. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 5. RECORDS AND REPORTS/AUDITS AND EVALUATION. 5.1 RECORDS MAINTENANCE. Grantee understands and acknowledges that the CRA must meet certain record keeping and reporting requirements with regard to the Grant. In order to enable the CRA to comply with its record keeping and reporting requirements, Grantee agrees to maintain all records as required by the CRA. 5.2 DELIVERY UPON REQUEST. At the CRA's request, and no later than thirty (30) days thereafter, Grantee shall deliver to the CRA such written statements relating to the use of the Grant as the CRA may require. 5.3 AUDIT RIGHTS. The CRA shall have the right to conduct audits of Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. Grantee agrees to cooperate with the CRA in the performance of these activities. 5.4 FAILURE TO COMPLY. Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. 6. UNUSED FUNDS. Upon the expiration of the term of this Agreement, Grantee shall transfer to the CRA any unused Grant funds on hand at the time of such expiration. 7. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. Grantee represents, warrants, and certifies the following: 7.1 INVOICES. During the term of this Agreement, the City of Miami's Capital Improvement's Program shall submit invoices for all expenditures to the CRA for review and approval, prior to reimbursement. Grantee shall have 10 days to submit invoices for payment after each event; except that where the occurrence of a default causes the .termination of this Agreement, the review of any invoice submitted after termination shall be at the sole discretion of the CRA. 7.2 EXPENDITURES. Funds disbursed under the Grant shall be used solely for the purpose(s) described herein. All expenditures of the Grant will be made in accordance with the provisions of this Agreement. 7.3 - SEPARATE ACCOUNTS. The Grant will not be co mingled with any -other funds and separate bank accounts and accounting records will be maintained. 7.4 POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political activities. 7.5 RECORD -KEEPING. The expenditures of the Grant will be properly documented and such documentation will be maintained on file. 7.6 PROGRESS REPORTS. Periodic progress reports will be provided to the CRA as the same may be requested from time to time. 8. DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, the CRA shall make available to Grantee up to Eighty Thousand and No/100 Dollars ($80,000.00). This amount is the maximum and the actual Grant payment may be less. Grantee shall have no recourse against the CRA for disbursing less than such stated maximum. Payments will be made only after receipt and approval of Project specific invoices, which shall be accompanied by sufficient supporting documentation and contain sufficient detail to account for the work performed and allow a proper audit of expenditures, and verification of acceptable work product,. In no event shall payments to Grantee under this Grant agreement exceed Eighty Thousand and No/100 Dollars ($80,000.00). 8.1 CASH TRANSACTIONS PROHIBITED. No payment will be made to Grantee as a reimbursement for any Project specific invoice paid by cash, it being agreed that a cash transaction is insufficient per se to comply with the aforementioned supporting documentation requirements under this Agreement. 9. 1ERM. The term of this Agreement shall commence on the date of Execution and shall terminate upon the earlier of: (a) full disbursement of Eighty Thousand and No/100 Dollars ($80,000.00); or (b) earlier termination as provided for herein; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to the recovery of fees and costs shall survive the expiration or earlier termination of this Agreement. 10. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terns contained herein, then the CRA shall have the right to take one or more of the following actions: (a) Withhold cash payments, pending correction of the deficiency by Grantee; (b) Recover payments made to Grantee; (c) Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; (d) Withhold further awards for the Project; or (e) Take such other remedies that may be legally permitted. 11. NON-DISCRIMINATION. Grantee, for itself and on behalf of its contractors and sub- - contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital •`status or handicap in connection with its performance under this Agreement. Furthermore, Grantee represents that no .otherwise qualified individual shall, solely,by reason of his/her race, sex; color, religion,` national, origin, age, marital status or handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 12. CONFLICT OF INTEREST. Grantee has received or obtained copies of, and is familiar with, the following provisions regarding conflict of interest and the Code of Ethics in the performance of this Agreement by Grantee. Grantee covenants, represents and warrants that it will comply with all such conflict of interest provisions: (a) Code of the City of Miami, Florida, Chapter 2, Article V. (b) Miami -Dade County Code, Section 2-11.1. 13. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. Grantee has no recourse against the CRA for a teiniination made under this Section. 14. MARKETING. 14.1 SIGNAGE. Grantee shall prominently display signage acknowledging the CRA's contribution to the Project at the Project site, and Grantee's primary place of business during the term of this Agreement. Said signage shall remain on display at Grantee's primary place of business for a period of two (2) years following this Agreement's termination. 14.2 PUBLICATION. Grantee shall produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media and communications created by Grantee for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail,flyers, telephone, public events, and television, radio, or internet advertisements or interviews. 14.3 APPROVAL. The CRA shall have the right to approve the foiiu and placement of all acknowledgements, which approval shall not be unreasonably withheld. 14.4 LIIMII1hD USE. Grantee further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in Grantee's use of the CRA's name and logo, confers ormay be construed as conferring upon Grantee any right, title, or interest whatsoever in the CRA's name and logo beyond the right granted in this Agreemerit. 15. DEFAULT. If Grantee fails to comply with any term or condition of this Agreement, or fails to perform any. of its obligations hereunder, then Grantee shall be in. default. Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to Grantee, terminate this Agreement' whereupon all payments, advances, or other compensation paid by the CRA - to Grantee while Grantee was in default shall be immediately returned to the CRA. Grantee understands and -agrees that termination of this Agreement underthis section .shall. not release ,Grantee from any obligation accruing prior to the effective date of termination. . 16. LIABILITY OF THE PARTIES. No officer, official, employee, agent, or principal, whether disclosed or undisclosed, of the CRA shall have any personal liability with respect to any of the provisions of this Agreement. Any liability of the CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. Grantee will be liable in accordance and subject to the limitations set forth in Florida Statute 768.28. 17. ' SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the CRA, the Grantee may only seek specific performance of this Agreement and any recovery shall be limited to the grant funding authorized for the Project. In no event shall the CRA be liable to Grantee for any additional compensation, other than that provided herein, or for any consequential or incidental damages or costs. 18. INDEMNIFICATION OF THE CRA. Grantee shall protect, defend, indemnify and hold harmless the CRA, its officials, officers, employees and its agents from and against any and all claims, actions, damages, liability and expense (including fees of attorneys, investigators and experts) in connection with loss of life, personal injury or damage to property or arising out of this Agreement. This Indemnification will apply even if such claims, actions or damages liability and expense arise from the negligence of the CRA its officials, officers or employees except to the extent such loss, injury or damage was caused by the gross negligence of the CRA or its agents. This Indemnification shall survive the cancellation or expiration, as applicable, of this Grant Agreement. 19. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage as required by the City of Miami's Risk Management Department, as set forth in Exhibit "C," attached hereto and made a part hereof. Grantee shall require its contractors to provide insurance in accordance with Exhibit "C." 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 the services under this contract 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 Grantee 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 Grantee of additional liability insurance coverage or coverage which is different in kind, the CRA reserves the right to require the provision by Grantee 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 Grantee 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. Grantee has an ongoing self insured program in accordance and subject to the provisions of Florida Statute 768.28. 20. DISPUTES. In the event of a dispute between the Executive Director of the CRA and Grantee as to the terms and conditions of this Agreement, the Executive Director of the CRA and Grantee shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. 21. INTERPRETATION. 21.1 CAPTIONS. The captions in this Agreement', are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Agreement or the scope or intent thereof. 21.2 ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and Grantee relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any mariner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. 21.3 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 instilment is to be construed more strictly against the party which itself or throug)) its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 21.4 COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this .Agreementunless otherwise expressly set forth herein. 21.5 CONFLICTING 'PERMS. In the. event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. 21.6 WAIVER. 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. 21.7 SEVERABILITY. Should any provision 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, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in. full force and effect. 21.8 THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the teiius hereof, or otherwise give rise to any cause of action in any party not a party hereto. 22. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 23. DOCUMENT OWNERSHIP. Upon request by the CRA, all documents .developed by Grantee shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CRA to Grantee pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by Grantee for any other purpose whatsoever, without the written consent of the CRA. 24. AWARD OF AGREEMENT. Grantee warrants that it has not employed or retained any person 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 employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 25. NON-DELEGABILITY. The obligations of Grantee under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 26. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 27. t'bRMINATION. The CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. If this Agreement should be terminated by the CRA, the CRA will be relieved of all obligations under this Agreement. 28. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To CRA: Southeast Overtown/Park West Community Redevelopment Agency 49 N.W. 5th Street, Suite 100 Miami, FL 33128 Attn: Pieter A. Bockweg Executive Director To Grantee: City of Miami, Florida 444 S.W. 2nd Avenue,.l0th Floor Miami, FL 33130 Attn: Johnny Martinez City Manager With Copy To: Capital Improvements Program 444 S.W. 2nd Avenue, 10th Floor Miami, FL 33130 Attu: Director Office of City Attorney 444 S.W. 2nd Avenue, 10th Floor Miami, FL 33130 Attn. Julie O. Bru City Attorney 29. INDEPENDENT CONTRACTOR. Grantee, its contractors, subcontractors, employees and agents shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. This Agreement does not constitute nor create a joint venture, partnership , or similar relationship or arrangement between the parties. 30. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 31. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof, (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation, resolution, directive or order applicable to this Grant or the activities of the Grantee conducted under it , or is binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument to which the Grantee is a party, or (iii) contravenes or results in any breach of, or default under any other agreement to which the Grantee is a party, or results in the creation of any lien, pledge or encumbrance upon any property of the Grantee. Grantee certifies that Grantee possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of Grantee's governing body, authorizing the execution of this Agreement, and identifying the official representative of Grantee to act in connection herewith and to provide such additional information as may be required by the CRA. 32. MISCELLANEOUS. 32.1 Time shall be of the essence for each and every provision of this Agreement. 32.2 All exhibits attached to this Agreement are incorporated in, and made a part of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and Grantee have executed this Agreement. SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, ("CRA") ATTEST: By: By: Priscilla A. Thompson Pieter A. Bockweg Clerk of the Board Executive Director APPROVED AS TO FORM AND CORRECTNESS: Julie O. ru General Counsel ATTEST: CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("GRANTEE") By:/ By: Priscilla A. 'rho pson Johnny Martinez City Clerk / City Manager / APPROVED/AS TO ' • NCE APPROVED AS TO FORM AND REQUIRlv1ENTS: _ CORRECTNESS: y: / / Calvin El v Director, Julie O ru anagement City Attorney ,V By: EXHIBIT "A" CRA RESOLUTION City of Miami Legislation CRA Resolution: CRA-R-11-0041 City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamlgov.com File Number: 11-00669 Final Action Date: 7/25/2011 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT IN AN AMOUNT TO EXCEED $80,000.00 TO THE CITY OF MIAMI FOR THE BEAUTIFICATION AND IMPROVEMENT TO THE AREA BETWEEN THE NORTHBOUND AND SOUTHBOUND LANE OF 1-95 FROM NW 11TH TERRACE TO 1-395, COMMONLY . REFERRED TO AS THE V-AREA, AND THE SOUTHBOUND EXIT FROM 1-95 AT NW 8TH STREET; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE THE GRANT, AT THIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FURTHER AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM. ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT OTHER GRANTS AND AIDS, ACCOUNT CODE NO. 10050.92 0101.883000.0000.00000. WHEREAS, the Southeast Overtown/Park West 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, pursuant to the SEOPW Redevelopment Plan, Principle . 10, lists having streetscapes that are both functional and visually attractive. The beautification of streets is important , as a vibrant public realm serves as the neighborhood's canvas captivating residents and investors. WHEREAS, on August 29, 2005 the Miami City Commission passed and adopted Resolution No. 05-00962 authorizing the City Manger to execute an agreement between the City of Miami ("City") and Miami -Dade County to participate in a landscaping improvement project within the area between the Northbound and Southbound lanes of 1-95, South of 395, and North of NW 11th Terrace, and the Southbound exit of Northwest 8th Street, the ("Project"), an area within the CRA area; and WHEREAS, pursuant to Resolution No. 05-00962, the City will contract with Roots In The City, Inc, a non-profit organization in Overtown, to design and implement the project; and WHEREAS, pursuant to Resolution No. 05-00962, the City will be responsible for the maintenance of the proposed facilities once the Project has been completed, at a rate of Twenty Thousand Dollars ($20,000.00) per year, for a term of two through five years; and ._-WHEREAS, the Board _of Commissioners wishes to authorize a grant, in the amount not to exceed . Eighty . Thousand : Dollars . ($80,000.00) to the City, _to: -.:—underwrite costs : associated with the items listed in Exhibit "A" attached. City of Miami - Page 1 of 2 File Id: 11-00669 (Version: I) Printed On: 8/9/2011 File Number- 11-00669 Enactment Number: CRA-R-11-0041 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE 'SOUTHEAST OVERTOWN/PARK WEST 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. A grant in the amount to exceed Eighty Thousand Dollars ($80,000.00), to the City of Miami to underwrite costs associated with the landscaping improvement project within the area between the Northbound and Southbound lanes of 1-95, South of 395, and North of NW 11th Terrace, and the Southbound exit of Northwest 8th Street, the ("Project"), an area within the CRA area, is hereby authorized. Section 3. The Executive Director is authorized, at his discretion, to disburse the grant on a reimbursement basis or directly to the vendors, upon presentation of invoices and satisfactory documentation. Section 4. The Executive Director is authorized to execute all documents necessary for said purpose, in a form acceptable to General Counsel. Section 5. Funds are to be allocated from the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT OTHER GRANTS AND AIDS, ACCOUNT CODE NO. 10050.920101.883000.0000.00000. Section 6. This resolution shall become effective immediately upon its adoption . APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU GENERAL COUNSEL City of Miami Page 2 of 2 File Id: 11-00669 (Version: 1) Printed On: 8i9/2011 EXHIBIT "B" CITY RESOLUTION City of Miami Legislation Resolution: R-05-0500 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00962 Final Action Date: 9/8/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT , IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, TO PARTICIPATE IN THE FUNDING OF LANDSCAPING IMPROVEMENTS TO 1-95 IN DOWNTOWN MIAMI; AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Miami ("City") and Miami -Dade County ("County") wish to participate in a landscaping improvement project within the area between the northbound and southbound lanes of 1-95, south of 395 and north of Northwest 11 th Terrace and the southbound exit of Northwest 8th Street, Miami, Florida ("Project"); and WHEREAS, the City shall seek the Florida Department of Transportation ("FDOT") Permit to conduct the Project; and WHEREAS, the City will contract with Roots in the City, Inc., a non-profit organization in Overtown, to design and implement the Project; and WHEREAS, a Memorandum of Agreement ("Agreement"), attached and incorporated, provides for the City to be reimbursed by the County a total amount not to exceed $132,000, of which an amount not to exceed $52,000, is to be provided by the Landscape Joint Participation Agreement ("JPA") with FDOT for the design and installation of the Project; and WHEREAS, the City will be responsible for the maintenance of proposed facilities once the Project has been completed and will be eligible to receive an amount of $20,000, per year for years 2 through 5, subject to the County's budgetary approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 if fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, between the City and the County, for the funding of the Project, which provides for the reimbursement of an amount not to exceed $132,000, of which an amount not to exceed $52,000, is to be provided by the Landscape JPA No. AK579, with FDOT, for the design and installation of the Project, by Roots in the City, Inc., a non-profit organization in Overtown, for the first year and for an amount not to exceed $20,000, per year for years 2 through 5, to be funded by the Countythrough Community -Image Advisory. Board funding, to offset the cost of maintenance activities Section 3. This Resolution shall become effective immediately upon its adoption and signature of City of Miami Page 1 of 2 File Id: 05-00962 (Version: 2) Printed On: 8/8/2011 File Number: 05-00962 Enactment Number: R-05-0500 the Mayor.{2} Footnotes: {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. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 05-00962 (Version: 2) Printed On: 8/8/2011 EXHIBIT "C" INSURANCE REQUIREMENT L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products/Completed Operations $1,000,000 B. Endorsements Required (1) Southeast Overtown/Park West Community Redevelopment Agency; and (2) City of Miami included as Additional Insured Parties Employees included as insured Contingent and Contractual Liability Premises and Operations Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned or Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required (1) Southeast Overtown/Park West Community Redevelopment Agency; and (2) City of Miami included as an Additional Insured Parties 111. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit The above policies shall provide the CRA with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: :The "company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the. latest .edition of. Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval.