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
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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:
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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,
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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)
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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
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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
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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.
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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
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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.
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(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;
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(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