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HomeMy WebLinkAboutExhibit 1Model Acknowledgement of Conditions For Mitigation of Property in a Special Flood Hazard Area With FEMA Grant Funds Property Owner Miami -Dade County Street Address 1000 NW 62 Street City Miami , State Florida Zip Code 33147 Deed dated July 2, 1 976 , Recorded July 2, 1976 Tax map Lots 1-11 , block 10 , parcel 144 and 172-2 Base Flood Elevation at the site is AH feet (NGVD). Map Panel Number 0180J effective date July 17, 1995 As a recipient of Federally -funded hazard mitigation assistance under the Hazard Mitigation Grant Program, as authorized by 42 U.S.C. §5170c / Pre -Disaster Mitigation Program, as authorized by 42 U.S.C. §5133 / Flood Mitigation Assistance Program, as authorized by 42 U.S.C. §4104c / Severe Repetitive Loss, as authorized by 42 U.S.C. §4102a, the Property Owner accepts the following conditions: 1. That the Property Owner has insured all structures that will not be demolished or relocated out of the SFHA for the above -mentioned property to an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever . is less, through the National Flood Insurance Program (NFIP), as authorized by 42 U.S.C. §4001 et seq., as long as the Property Owner holds title to the property as required by 42 U.S.C. §4012a. 2. That the Property Owner will maintain all structures on the above -mentioned property in accordance with the flood plain management criteria set forth in Title 44 of the Code of Federal Regulations (CFR) Part 60.3 and City/County Ordinance as long as the Property Owner holds title to the property. These criteria include, but are not limited to, the following measures: i. Enclosed areas below the Base Flood Elevation will only be used for parking of vehicles, limited storage, or access to the building; ii. All interior walls and floors below the Base Flood Elevation will be unfinished or constructed of flood resistant materials; iii. No mechanical, electrical, or plumbing devices will be installed below the Base Flood Elevation; and iv. All enclosed areas below Base Flood Elevation must be equipped with vents permitting the automatic entry and exit of flood water. For a complete, detailed list of these criteria, see City/County Ordinance attached to this document. 3. The above conditions are binding for the life of the property. To provide notice to subsequent purchasers of these conditions, the Property Owner agrees that the City/County will legally record with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including 6),(66 )--/(/r 1 book/page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal law requires.that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property. Pursuant to 42 U.S.C. §5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The Property Owner is also required to maintain this property in accordance with the flood plain management criteria of Title 44 of the Code of Federal Regulations Part 60.3 and City/County Ordinance." 4. Failure to abide by the above conditions may prohibit the Property Owner and/or any subsequent purchasers from receiving Federal disaster assistance with respect to this property in the event of any future flood disasters. If the above conditions are not met, FEMA may recoup the amount of the grant award with respect to the subject property, and the Property Owner may be liable to repay such amounts. This Agreement shall be binding upon the respective parties' heirs, successors, personal representatives, and assignees. THE CITY/COUNTY OF Miami A Florida municipal corporation By: [Name, Title] of the City/County of Miami -Dade County [Name of Property Owner] WITNESSED BY: Name of Witness] [SEAL] Notary Public Approved by the County Attorney as to form and legal sufficiency: 2 AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT to Lease Agreement made this day of , 2012, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter designated or referred to as "TENANT," and MIAMI-DADE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "LANDLORD," WITNESSETH: WHEREAS, by Resolution No. R-1195-85, adopted by the Miami -Dade Board of County Commissioners on September 18, 1985, the Board authorized a thirty-year Lease Agreement between the above named parties for County -owned vacant land legally described as follows: Re -subdivision of Hildamere in SE 1/4 Parcel 144 & 172-2 A/K/A Lots 1 through 11 less North 20 feet of Lot 1 thru 5 for R/W Block 10 PB 40-51, Lot size 35,765 square feet; and WHEREAS, the term of the lease commenced on September 18, 1985 and terminates September 30, 2015; and WHEREAS, pursuant to the terms of the lease, the TENANT agreed to construct, maintain and keep in good repair and condition any improvements to the site and maintain the land in a clean condition; and WHEREAS, the TENANT completed the construction of a police sub -station on the land, specifically know as "the North District Police Station" located at 1000 N,W. 62 Street, Miami, Florida 33127, on or about July 1986 in accordance with the terms of the lease; and WHEREAS, the building was in need of repairs and the TENANT requested assistance from the State of Florida Division of Emergency Management, ("the Division") to obtain funding for the necessary repairs; and WHEREAS, The Division allocated funding for TENANT's repairs through the Federal Emergency Management Agency, (FEMA) and entered into a Federally Funded Subgrant Agreement with the TENANT, a copy of which is attached hereto as exhibit "A" and is incorporated herein (the City of Miami Police Lease, Property H 01-3114-0I2-0380-LO1 "Subgrant Agreement"); and WHEREAS, the attached Federally funded Subgrant Agreement contains specific requirements and conditions that must be accepted by the LANDLORD, as owner of the property, including but not limited to, the requirements set forth in the "Model Acknowledgement of Conditions for Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, (the "Model Acknowledgement"); and WHEREAS, both LANDLORD and TENANT are desirous of amending this Lease Agreement to give TENANT full capacity and the ability to perform and comply with its obligations and the requirements of the above agreement as set forth below; and WHEREAS, by Resolution No. , adopted , 2012, the Board of County Commissioners has authorized this Amendment to Lease Agreement; NOW, THEREFORE, in consideration of the restrictions and covenants herein contained, it is agreed that this Lease is hereby amended as follows: 1. TENANT agrees to comply with all the provisions, assurances and obligations of the Subgrant Agreement entered into with the Division, including but not limited to Exhibit 1 and Attachments A through I, TENANT further agrees to perform the scope of work as specified on Attachment A of the Agreement to wind retrofit the North District Police Station. 2. Model Acknowledgment of Conditions for Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds — TENANT hereby agrees to comply with all provisions, requirements, assurances and obligations of the above Model Acknowledgment of Conditions Agreement as specified in the Agreement, including but not limited to, all specifications and requirements as provided by FEMA's Special Flood Hazard Area (SFHA) insurance requirements, maintenance of the structure, and the wind retrofitting of the North District Police Station as per terms of the Federally Funded Subgrant Agreement and as specified on Attachment A of the Agreement, 2 City of Miami Police Lease. Property # 01-31 14-012-0880-L01 3. Notices — It is understood and agreed between the parties hereto, that written notices addressed and sent by certified or registered mail, return receipt requested, first class, postage prepaid or by overnight courier service shall be addressed as follows: LANDLORD Miami -Dade County Internal Services Department Real Estate Development Division 111 N.W. First Street, Suite 2460 Miami, Florida 33128 TENANT City of Miami Real Estate Department 444 S.W. 2"d Avenue 3rd Floor Miami, Florida 33130 or such other place and to such other person as LANDLORD may from time to time designate in writing. In all other respects said Lease shall remain in full force and effect in accordance with the terms and conditions specified therein. (This space intentionally left blank) 3 City of Miami Police Lease. Property 11 01-3114-012-0880-L01 IN WITNESS WHEREOF, the LANDLORD and TENANT have caused this Lease Agreement to be executed by their respective and duly authorized officers the day and year first above written. CITY OF MIAMI (OFFICIAL SEAL) By: WITNESS Johnny Martinez, City Manager WITNESS (OFFICIAL SEAL) ATTEST: HARVEY RUVIN, CLERK (TENANT) MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Carlos A. Gimenez Date County Mayor (LANDLORD) Approved by County Attorney as to Approved by City Attorney as to form and legal sufficiency: form and legal sufficiency: Date Date 4 City of Miami Police Lease, Property # 01-3114-012-0880-L01 AGREEMENT NUMBER: 08I IM-5G-11-23-02-007 PROJECT N UMBER; 1602-04-R MODIFICATION NUMBER FOUR TO SUBORANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF MIAMI This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and the City of Miami (Recipient") to modify DCA Contract Number 08I-IM-5G-11-23-02.007, which began August 15, 2007 ("the Agreement"). WI-IEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Recipient under the 1-Iazarcl Mitigation Grant Program of $60,110,00; and WI-IEREAS, the Agreement expired.on June 30, 2010; and WHEREAS, the Division and the Recipient desire to reinstate the Agreement and to extend the term of the Agreement. NOW, TI-IEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated as though it had never expired. 2. Paragraph 3 of the Agreement is hereby amended to read as follows: This Agreement shall begin August 15, 2007 and shall end September 30, 2010 unless terminated earlier in accordance with the provisions of paragraph (12) of this Agreement. 3. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. S WHEREOF, the parties hereto have executed this document as of the dates set out 1N WITN below. RECIPIENT By; ✓ Name and Tit1 Date: tDF MIAMI 'Carlos A. Migoya, City Manager By SION !F EMERG , CY MANAGEMENT Titles; David Halstead 'rector Modification #4 to Sub .;rant Agreement — FEMA Project 1602-04-R- North District Police Station ATTEST: Priscilla A. Thompson e - 6 /v City Clerk CITY OF MIAMI, FLRIDA Carlos A. Migoya City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE REQUIRENMENTS: CORRECTNESS: Julie O. Bru City Attorney ) L n . , Director Risk Manageme Division GA��� i�ee.. REVISED Attachment A Budget and Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, the City of Miami, will wind retrofit the North District Police Station located at 1000 Northwest 62 Street, Miami, Florida 33127, by purchasing and installing accordion shutters and perforated stainless steel screening on seventy-five (75) windows and accordion shutters on four (4) doors and the glass block wall at the front entrance to the building. If deemed necessary, wind protection will be provided on any other openings such as skylights, vents, louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code or Miami -Dade Specifications. All materials will be certified to meet the wind and impact standards of the current local codes. The local municipal or county building department will inspect and certify installation according to the manufacture's specifications. This is FEMA project 1602-04-R, funded under 1602-DR-FL. The Period of Performance for this project ends on September 30, 2009. Schedule of Work Removal of Window Louvers: Installation of Shutters: State Contracting Process: State Final Inspection: State Closeout: Extension Request Granted: Total Period of Performance; Line Item Budget* "Subcontract for Materials and Installation": $76 905.00 S57,679.00 $19,226.00 Sub -Total: $76,905.00 $57,679.00 $19,226.0D Administrative Cost: $ 0.00. $ 2,431.00 $ 0.00 Total: $76,905.00 $60,110.00 $19,226.00 * Any line item amount in this Budget may be increased or decreased 1 D% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. 0 Months 10 days 1 Month 7 days 6 Months 3 Months 3 Months 6 Months 19 Months 17 days Funding Summary Federal Share: Local Share: Total Project Cost: Project Cost Federal Share Local Share $57,679.00 (75%) 519,226.00 (25%) $76,905,00 (100%) Recipient Administrative Allowance up to $2,431.00. The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural man made disaster. The funding provided by the Division of Emergency Management under this subgrant shall compensate for the materials and labor for the installation of store shutters and/or other hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this' project by the Department does not confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this mitigatior7 project, express or implied, including 19 but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361- Design and Construction for Community Shelter, and thus does not provide "near absolute protection." It is understood and agreed by the Department and the Recipient that the building may have vulnerabilities due to age, design and location which may result in damage to the building from wind events even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood and agreed by the Department and the Recipient that the level of wind protection provided by the mitigation action, although meeting State standards and codes and enhancing the structural integrity of the building, does not ensure the safety of survival of building occupants. 20 Contract Number: 08HM-5G-11-23-02-007 CFDA Number: 97.039 FEDERALLY FUNDED SUEGRANT AGREEMENT THIS AGREEMENT is entered into by and between the Slate of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as "DEM"), and the City of Miami, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, DEM has received these grant funds from the Stale of Florida, and has the authority to subgranl these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, DEM has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, DEM and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and DEM shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT, This Agreement shall begin August 15, 2007 and shall end September 30, 2008, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for Stale and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow DEM or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to DEM or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the dale the audit report is issued, unless extended in writing by DEM, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided' under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to LEM, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday - through Friday. "Agents" shall include, but not be limited lo, auditors retained by DEM. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement, (b) These records shall be available et all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by DEM. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide DEM and the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is e State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through DEM by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from DEM. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than S500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the 3 evuril that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [with an electronic copy sent to the above office to Aurilla.Parrish@dca.state,f1,us] and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), al the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`° Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, zs revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs . Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2)00 [with an electronic copy sent to the above office to Aurilla.Parrish@dca.state.fl.us] A and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department or DEM pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Recipient, when submitting financial reporting packages to DEM for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to DEM of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after DEM has notified the Recipient of such non- compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat, The IPA shall stale that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide DEM with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipienls and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by DEM. 5 (b) Quarterly reports are due to be received by DEM no later than 15 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dales for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to DEM or are not completed in a manner acceptable to DEM, DEM may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to DEM " means that the work product was completed in accordance with the Budget and Scope of Work. • (e) The Recipient shall provide such additional program updates or information as may be required by DEM. (f) The Recipient shall provide additional reports and information as identified in Attachment F. (g) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that lime schedules are met, the Budget and Scope of Work is accomplished within the specified Lime periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on -site visits by DEM staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by DEM. In the even) that DEM determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by DEM to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, DEM will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768,28, Fla. Slat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold DEM harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of DEM, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against DEM, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of DEM to make any further payment of funds hereunder shall, if DEM so elects, terminate and DEM may, at its option, exercise any of its remedies set forth in Paragraph (11), but DEM may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with DEM shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with DEM and has not cured such in timely fashion, or is unable or unwilling to meat its obligations thereunder; 7 (b) If any material adverse change shall occur in the financial condition of the Recipient at any dime during the term of this Agreement, and the Recipient fails to cure said material adverse -- tinir1y days from the time the dale written notice is sent by DEM. chang., within �.,, (30), (c) If any reports required by this Agreement have not been submitted to DEM or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then DEM may, al its option, upon thirty (3D) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3, advising the Recipient to suspend, discontinue or refrain from incurring costs reasons for any activities in question or 4. requiring the Recipient to reimburse DEM for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to DEM any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise anv other rights or remedies which may be othervise available under law. (g) The pursuit of any one of the above remedies shall not preclude DEM from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by DEM of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of DEM hereunder, or affect the subsequent exercise of the same right or remedy by DEM for any further or subsequent default by the Recipient. (12) TERMINATION. (a) DEM may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) DEM may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed, Notwithstanding the above, the Recipient shall not be relieved of liability to DEM by virtue of any breach of Agreement by the Recipient. DEM may, io the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due DEM from the Recipient is determined. 9 (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall b.e in writing, either by hand delivery, or first class. certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of DEM contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Bashir Wayne Recovery and Hazard Mitigation Specialist City of Miami 444 Southwest 2`d Avenue Miami, Florida, 33130 Telephone: (305) 416-1655 Fax: (305) 416-1680 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the fully executed subcontract must be forwarded to DEM within ten (10) days of execution, The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold DEM and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. 10 (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the e_xtent c,,f such conflict or nc.onsi¢Ic .V (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Statement of Assurances Attachment D — Request for Reimbursement Attachment E — Justification of Advance Attachment F — Quarterly Report Form Attachment G — Copyright, Patent, and Trademark Attachment H — Warranties and Representations Attachment I — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $69,653.00 subject to the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up documentation evidencing all such administrative costs. (b) Any advance payment under this Agreement is subjecl to Section 216.181(16), FIa.Stat., and is contingent upon the Recipient's acceptance of the rights of DEM under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 11 1 .. }C No advance payment is requested. 2. An advance payment of $ is requested. c! .',fler the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of DEM to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from DEM, (18) REPAYMENTS All refunds or repayments to be made to DEM under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the Department of Community Affairs at the following address. Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215.34(2), Fla. Stat., if e check or other draft is returned to DEM for collection, DEM must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., DEM shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in DEM paying interest al a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the Stale Comptroller's Hotline at 1-800-848-3792. 12 (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the -.for -atic rFpre5enn1e'ic'n=• and materials submiiled or provided by the Recipient in this Agreement, in any subsequent submission or response to DEM request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of DEM and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of DEM from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions' arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to DEM under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 1101-336, 42 U.S.C. Section 12101 e1 sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, Stale and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the dale of being placed on the convicted vendor list or on the discriminatory vendor list. 13 (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a Contract , ;t : public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity, (h) With respect to any Recipient which is not a local government or stale agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that if and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and • 4, Have not within a five-year period preceding this Agreement had one or more public transactions (federal, slate or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to DEM (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment I) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by DEM prior to the Recipient entering into a contract with any prospective subcontractor: 14 (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in ac..cor dance v itl Chapter 216. Fla. Stat. or the Florida Constitution. (j) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Division of Emergency Management reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by -the P,ecipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to DEM or be applied against DEM's obligation to pay the contract amount. (n) The State of Florida wit not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act. ("INA")]. DEM shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by DEM. (21) LOBBYING PP,OHIBITION (a) No funds or other resources received from DEM in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 15 Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation. renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipie.nts shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made' or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK The Recipient shall comply vvith Copyright, Patent and Trademark incorporated as Attachment G. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind P,ecipient to the terms of this Agreement. 16 (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: CITY OF MIAMI BY: Name and title: Pero C; NPrnanriP r; f y Nanagnr 1/21/08 Date: FID# 59-6000375 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: o-- Name and Title: W. Craig Fugate, Director Date: ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: CITY OF MIA IDA Pedro G. Hernan City Manager APPROVED AS TO INSURANC REQUIRENMENTS: s LeeAnn Br 'm, Director Risk Management Division f p :Cec."1 \ b•Z_ off - f�- c ct-t of u «-.& I.Esbd-U. i tcti $.,- Di - ti '1B EXHIBIT-1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal 'Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $69,653.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the .services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable NOTE: Section .4DD(d) of OMB Circular A-133, as rev!sed, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 18 LEASE AGREEMENT THIS AGREEMENT, made and •entered into this 1 day of SE:P7�'/ri6 � • , 195 by and between DADE COUNTY, e political subdivision of the State of 'Florida,. hereinafter designated es the "OWNER", and City of Miami, a municipal. corporation 'of the State of Florida, hereinafter referred .to as the "TENANT". WITNESSETH: That the OWNER; for and in consideration of the restrictions. and covenants herein contained, hereby leases to the TENANT, and the TENANT hereby agrees to hire from the OWNER, vacant land legally described as follows: Lots 6, 7, 8, 9, 10 and 11, in Block 10, HILDAMERE RE -SUBDIVISION, as recorded in Plat Book.40, at Page 51, Dade County, Florida TO HAVE AND TO H D the same for a term of 30. ye s, Otto be,— S�i'���ber commencing on ugtrot 1, 1985, and terminating on J;.ly 31, 2015. The TENANT covenants and agrees to pay 'to the OWNER or its appointees, a 'total rental of One ($1.00) dollar per year, payable at the Finance Department, Dade County Courthouse, Miami, Florida, or at such other place and to. such other person as the OWNER may from time to time designate in writing. ARTICLE° I USE OF DEMISED PREMISES The land and any improvements.made. thereon shall be used by the TENANT as a Police Sub -station site or for other public purposes that the TENANT desires, however, such use must be for the good and welfare of the neighborhood and the City of Miami residents. ARTICLE II CONDITION OF PREMISES' The TENANT hereby accepts the land in the condition it i.s in at the beginning of this Lease. ;H' 1 1°it 1111;1t [1'EN 1'11c Y 'AS 1 ARTICLE III UTILITIES The TENANT, during the term hereof., shall pay all charges for water, electricity and trash pickup, -ARTICLE IV MAINTENANCE The TENANT agrees to provide, construct, .maintain and keep in good repair, condition and appearance, during the term of this 'ease, any improvements to the site and maintain the land in a clean condition. ARTICLE V ALTERATIONS BY TENANT • The TENANT may make improvements on the land without the written consent of the OWNER. All improvements, (except, but not limited to, which are readily removable without injury to the premises) shall be and remain a part of the land at the expiration of this Lease. Subject to the above, any carpeting and removable partitions installed by the TENANT within the. improvements shall remain the TENANT'S ,property and may be removed by the TENANT upon the expiration of the Lease Agreement or any renewal or cancellation thereof. ARTICLE VI • ASSIGNMENT Without the written consent of OWNER first obtained; in each case, the TENANT shall not sublet, transfer, mortgage, pledge, or dispose of this Lease or the terms hereof. ARTICLE VII NO LIA➢ILITY FOR PERSONAL PROPERTY AND IMPROVEMENTS All improvements and personal property placed or moved in the land above described shall be at the. risk of the TENANT'or the owner thereof. The OWNER shall not be liable to TENANT.9or any damage to said personal property unless caused by or due to negligence of OWNER, OWNERS, agents, or employees, ARTICLE VIII PEACEFUL POSSESSION Subject_ to the terms, conditions, and covenants of this Lease, OWNER agrees that TENANT shall and may peaceably have, hold and enjoy the land above described, without hindrance or molestation by OWNER. ARTICLE IX SURRENDER OF LAND TENANT agrees to surrender to OWNER, at the end of the terms of this Lease or any extension thereof, said leased land in as good condition as said land was_at the beginning of the term of this Lease.. ' TENANT further agrees to remove all structures placed on the land by the TENANT as requested by the OWNER,. ARTICLE X ' INDEMNIFICATION AND HOLD HARMLESS The TENANT hereby agrees to indemnify and save the OWNER harmless from any and all claims, liability, losses and causes of 'actions which may arise as a result of this Lease, unless such claim, liability, loss or .cause of action is the sole result of the OWNERS'S negligence. ARTICLE XI LIABILITY FOR DAMAGE OR INJURY The OWNER shall not be liable. for any damage or injury which may be sustained by any party or persons on the demised premises other than the damage or injury caused solely by the 'negligence .of OWNER. ARTICLE XII SUCCESSORS IN INTEREST It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the respective successors and assigns of the respective parties hereto, the same as if they Were in every case named and expressed. 3 ARTICLE XIII CANCELLATION The OWNER shall have the right to cancel this Lease Agreement at any time by giving the TENANT. at least thirty (30) days' written notice prior to its effective date, if at any time it should be determined that the property is not properly used for a public purpose. ARTICLE XIV NOTICES It is understood and agreed between the parties hereto that written notice addressed to OWNER and mailed or delivered to the County Manager, Dade County, Florida, shall constitute sufficient notice to'the OWNER, and written notice .addressed to TENANT and mailed or delivered to' the address of TENANT at City Hall, Miami, Florida, shall constitute sufficient notice .to both parties, to comply with the terms of this Lease. Notices provided herein in this paragraph shall include all notices required in this Lease or required by law. ARTICLE XV ADDITIONAL PROVISIONS 1. Mechanics', Materialmen's and Other Liens • TENANT agrees that it will not permit any mechanics!, materialmen's or other liens to stand against the land for work or materials furnished TENANT, it being provided, however, that TENANT shall have the.right to contest the validity of any such lien or claim, but upon a final determination' of the validity thereof, TENANT shall immediately pay any judgment .or decree rendered against the TENANT, with all proper costs and. charges, and shall cause any such lien to be released of record without cost to the OWNER. 2. Non -Discrimination The OWNER has declared and established as a matter of policy, by Resolution No. 9601, dated March 24, 1964, that there shall be no discrimination based on race, color, creed• or national origin in connection with any of the OWNER'S property or facilities operated or maintained under lease, license or other agreements from the OWNER. The TENANT agrees to comply with the intent of Resolution No. 9601, dated March 24, 1964, involving the use, operation, and •maintenance of the property and facilities included in this Lease Agreement. ARTICLE XX WRITTEN AGREEMENT This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by resolution approved by the OWNER. IN WITNESS WHEREOF, the OWNER and TENANT have caused this Lease Agreement to be executed by their respective' and duly authorized officers the day and year first above written. 0MM (:�FFIIAi ) it ATTEST; RICHARD P. BRINKER, CLERK By: Deputy Clerk City Cler APPROVED AS TO INSURANCE REQUIREMENTS RISK MANAGEMENTV DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY. COMMISSIONERS ;County Manager (OWNER) City of Miami, Florida By its City. Commission By. City Manager: APPROVED AS TRM AND CORRECTNESS By: CITY ATTORNEY RESOLUTION NO. 85--731— A RESOLUTION AUHTORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH DADE COUNTY, FOR THE PROPERTY LOCATED AT 1060 NW 62 STREET IN LIBERTY CITY, FOR THE CONSTRUCTION OF A POLICE SUBSTA- TION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS IN THE ATTACHED LEASE AGREEMENT. WHEREAS, Resolution No. 84-1277, passed and adopted on November 8, 1984, the City Commission approved the designation of the planning and design services for the development of the police substation for the North District (Liberty City); and WHEREAS, Dade County has available for lease vacant land situated at 1060 NW 62 Street in Liberty City; and WHEREAS, the City of Miami needs to develop a police substation in the North District to more effectively combat crime and improve professional law enforcement services to the community; and WHEREAS, the site for the location of the proposed police substation in the North District was approved by Motion 85-684 on June 20, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a lease agreement with. Dade County, for the property located at 1060 N.W. 62 Street in Liberty City, for the construction of a police substation, in accordance with the terms and conditions in the attached lease agreement. PASSED AND ADOPTED this l8th day of July , 1985. r- �"FiATEST: G. ONGIE CITY CLERK Maurice A. Ferre MAURICE E. FERRE MAYOR 1JUL 118 1985 . RESOLUTION No. 85— f 31__ REm A.s. CITY COMMISSION MEETING OF PREPARED AND APPROVED BY: 6t-l�',V d,1'/r ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVE jYAB TCy FORM AND CORRECTNESS: OUGyERTY, CITY ATTORNEY 85-731