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GRANT ACCEPTANCE AGREEMENT
BETWEEN
'THE CITY OF MIAMI
ANI)
THE MIAMI FOUNDATION, INC. C/O THE PLAY TO WIN FUND
This Grant Acceptance Agreement (the "Agreement"), made and entered into as
of the day of , 2014 (the "Effective Date"), by aiid between the City of
Miami, a municipal corporation of the State of Florida, located at 444 S.W. 2" Avenue,
10th Floor, Miami, Florida 33130 ("City"), and the Miami Foundation, Inc. c/o The Play
to Win Fund, a Florida non-profit corporation, whose principal address is 200 South
Biscayne Blvd., Suite 505, Miami, Florida 33131 ("Foundation").
RECITALS
WHEREAS, the City will be constructing a public indoor basketball gymnasium
to be located at Gibson Park, 401 Northwest 12th Street, Miami, Florida, B-30505B
("Project"); and
WHEREAS, the scope of work for will consist of a new Gymnasium Building
with +/- 12,000SF and shall include Basketball Gymnasium Area, Men's and Women's
Restroom, Cooking Kitchen including equipment, storage and Concession Area,
Equipment Storage Area, Mechanical, Electrical, Janitor Rooms, Ticketing Office and
associated amenities ("Gymnasium Improvements"); and
WHEREAS, the Grant Funds from the Foundation shall be used solely for costs
associated with the Gymnasium construction, subject to stipulations set forth in. Section 1
below and the Project Scope attached and incorporated hereby as Exhibit 1; and
WHEREAS, the Foundation's not -for -profit board authorization, dated March 18,
2014, authorized its Executive Director to execute this Grant Acceptance Agreement
("the Agreement") and to provide to the City the Grant Funds for the Project is attached
and incorporated hereby as Exhibit 2; and
WHEREAS, it is appropriate for the City Manager to accept Grants Funds and to
appropriate said Grant Funds in the amount of $1,000,000, from the Miami Foundation;
and is further authorized to execute this Agreement, to set forth the terms and conditions
relating to the use of the Grant for the Gymnasium Improvements for the Project; and
WI-IEREAS, Grant Funds will serve as an equal match to the additional funding to
be provided by the Southeast Overtown/Park West Community Redevelopment Agency
("SEOPW CRA"), pursuant to Resolution No. CRA-R-13-0046, a copy of which is
attached and incorporated hereby as Exhibit 3; and
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WHEREAS, the parties intend that (1) the construction of the Project must
commence before June 1, 201.5 or this Agreement will be voided, and (2) that if at any
time the Grant Funds are misappropriated or if fraud occurs, then the Grant Funds
donated to complete the Project will be returned in full to the Foundation.
WHEREAS, the City Commission's Resolution No, 14- , adopted
2014, approving this Agreement and authorizing the City Manager to execute
the same and to accept the appropriated Grant Funds in the amount of $1,000,000 for the
Project is attached and incorporated hereby as Exhibit 4; and
WHEREAS, the City Commission's Resolution No. 14- , adopted
2014, approving the acceptance by the City Manager of the related SEOPW
CRA Grant is attached and incorporated hereby as Exhibit 5.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and conditions herein set forth, the parties hereto agree as follows:
1. GRANT AND TERM - The Foundation hereby agrees to make Grant Funds
available to the City, in an amount not to exceed $1,000,000, within ten (10) days of
City Commission approval of the Agreement. If the Project is not completed with
the Grant Funds provided to the City, the remaining unused balance of the amount
contributed must be returned in full to the Foundation. Should the Foundation
acquire additional in -kind donations that meet the Project plans and specifications (as
indicated in the Project Scope attached hereto and incorporated hereby as Exhibit 2)
to support the Project, ie, scoreboards, bleachers, fixtures, etc., the City will assess
the value of such donations based on the budget for the Project and the remaining
unused balance of the Grant Funds which are not needed to complete the Project will
be returned to the Foundation once the Project is completed. Said Grant Funds shall
be used solely for costs associated with the Project. The term of this Agreement shall
commence on the Effective Date set forth above and shall end three (3) years after
the completion of the Project in order for the parties to comply with the audit
provisions set forth in Section 3 below, unless the parties agree in writing to an
earlier teunination date pursuant to the modification provisions set forth in Section 7
below.
2. REPORTS - The City agrees to deliver to the Foundation reports relating to the use
of the Grant Funds.
3. AUDIT RIGHTS - The Foundation shall have the right to conduct audits of the
City's records pertaining to the Grant Funds and to visit the Project, in order to
conduct its monitoring and evaluation activities. The City agrees to cooperate with
the Foundation in the performance of these activities. Such audits shall take place at
a mutually agreeable date and time.
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4. NOTICES All notices pursuant to this Agreement shall be in writing and sent by
certified mail or delivered by personal service to the addresses for each party as
indicated below, or as the same may be changed from time to time.
To City:
Daniel J. Alfonso, City Manager
City of Miami
444 SW 2"d Avenue, 10th Floor
Miami, FL 33130
Withcopy to: Mark Spanioli, P,E., Director,
Capital Improvement Programs
City of Miami
444 SW 2" d Avenue, 8`h Floor
Miami, FL 33130
Email: mspaniolinmiamigov.com
And:
Jeovanny Rodriguez, P.E., Asst. Director,
Capital Improvement Programs
City of Miami
444 SW 2" d Avenue, 8th Floor
Miami, FL 33130
Email: jeovannyrodriguez@miamigov.com
miamigov.com
With a copy to: City of Miami
444 S.W. 2nd Avenue, 9th Floor
Miami, FL 33130
Attn: Victoria Mendez
City Attorney
To Miami Foundation:
Javier Alberto Soto, President and CEO
The Miami Foundation, Inc.
200 South Biscayne Blvd., Suite 505
Miami, FL 33131
Email: jsoto�c �7,miamifoundation.org
5. SEVERABILITY — If a court of competent jurisdiction holds any provision of this
Agreement invalid or unenforceable in whole or in part for any reason, the validity
and enforceability of the remaining clauses shall not be affected.
6. ENTIRE AGREEMENT - This Agreement and its Exhibits and attachments
constitute the sole and only agreement of the parties hereto relating to the Grant, and
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correctly sets forth the rights, duties, and obligations of the parties. The parties agree
that any oral representations or modifications not set forth in this Agreement are of
no force or effect.
7. MODIFICATION -This Agreement shall only be modified by written agreement
signed by the authorized representatives of both parties.
8. GOVERNING LAW; VENUE - This Agreement shall be interpreted and construed
in accordance with and governed by the laws of the State of Florida. The parties, in
their performance of this Agreement will comply with applicable federal, state,
county and City laws.. Any action or proceeding in respect of any claim arising out
of or related to this Agreement, whether in tort or contract or at law or in equity, shall
be filed in the state or federal court of Miami -Dade County, Florida. The parties
agree that each party shall be responsible for its own attorneys' fees, court costs and
any other related fees and costs.
9. PUBLIC RECORDS — The parties acknowledge that the public shall have access, at
all reasonable times, to this Agreement and any related documents subject to the
provisions of Chapter 119, Florida Statutes, as amended, and the Parties agree to
allow access by each other and by the public to all documents subject to disclosure
under applicable law,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officials thereunto duly authorized this the day and year
above written.
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CITY OF MIAMI, FLORIDA, a
municipal Corporation of the State of Florida
(SEAL)
ATTEST:
By:
Daniel J. Alfonso, City Manager
By:
Todd Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By: By:
Victoria Mendez, City Attorney Ann -Marie Sharp, Interim Director
Risk Management Department
THE MIAMI FOUNDATION, INC., a
Florida non-profit corporation
ATTEST:
By: By:
Corporate Secretary (Signature)
(Affix Corporate Seal) Javier Alberto Soto, President and CEO
Exhibit 1 — Project Scope
Exhibit 2 — Foundation's not -for -profit board authorization
Exhibit.3 SEOPW CRA Resolution No, CRA-R-13-0046
Exhibit 4 City Commission Resolution No. 14-
Exhibit 5 - City Commission Resolution No. 14-
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"EXHIBIT 1"
Gibson Park Gymnasium, Project No. B-30305B
Scope of Work:
PHASE 11 Gymnasium - the work will consist of a new Gymnasium Building with +/• 12,000SF and shall
include Basketball Gymnasium Area, Men's and Women's Restroom, Cooking Kitchen including
equipment, storage and Concession Area, Equipment Storage. Area, Mechanical, Electrical, Janitor
Rooms, Ticketing Office,
Exhibit
r o r A C; r e a to r Miami
200 South Biscayne Boulevard
Suite 505
Miami, FL33131.5330
305 3%1 2711
miamifoundation.org
April 17, 2014
Mr. Daniel J. Alfonso
City Manager
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
Dear Mr. Alfonso,
This letter shall serve as authorization that grant funding in the amount of $1,000,000 will be distributed to the
City of Miami for the construction of a public indoor basketball gymnasium to be located at Gibson Park, 401
Northwest 12th Street, Miami, Florida within 10 days of the City Commission approval the Grant Acceptance
Agreement between the City of Miami and The Miami Foundation, Inc, c/o The Play to Win Fund. The donor's
agreement with The Miami Foundation has been executed, but per the request of the donor the donor wishes
to remain anonymous.
Pursuant to the Grant Acceptance Agreement, these grant dollars will be used solely for the costs associated
with the gymnasium construction.
If you have any questions please do not hesitate to contact me at (305) 371-2711,
S)ferel
Alberto Soto
esjUent and CEO
Crystal Report Viewer
Equ bit
City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, Fh 33133
rwvw,miamigov.com
File ID: 13-00848
Enactment #: CRA-R-13-0046
Version: I
Type: CRA Resolution
Introduced: 7/17/13
Status: Passed
Enactment Date: 7/25/13
Controlling Body: SEOPW Community
Redevelopment
Agency
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF TI-IE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY DEALLOCATING
$1,120,088.00 PREVIOUSLY AUTHORIZED BY RESOLUTION NO, CRA-R-11-0032 FOR THE
DEVELOPMENT OF THE GREENWAY, FROM NW 3RD AVENUE TO NW 7'I'I-I AVENUE ALONG
NW 11THTERRACE, MIAMI, FLORIDA; AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN
AMOUNT NOT TO EXCEED $1,000,000, FOR ADDITIONAL UPGRADES AND IMPROVEMENTS
TO GIBSON PARK, 401 NW 3RD AVENUE, MIAMI, FLORIDA, PROVIDED THAT SAID
ADDITIONAL FUNDING IS EQUALLY MATCHED BY OTHER FUNDING SOURCES;
AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON
A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF
INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; ALLOCATING
FUNDS FROM SEOPW TAX INCREMENT FUND, "OTHER GRANTS AND AIDS," ACCOUNT
CODE NO. 10050.920101.883000.0000,00000,
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying
out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast
Overtown/Park West Redevelopment Plan ("Plan"); and
WHEREAS, Section IV,D., at page 31, of the Plan provides that "the provision of adequate community facilities and services
is essential in order to complement redevelopment activities proposed for Overtown .. ,;" and
WHEREAS, the City of Miami's ("City") Department of Capital Improvement Program ("CIP") is currently engaged in the
renovation of Gibson Park, which includes: (1) a community center and an aquatics center; (2) sports field improvements; (3)
landscape improvements; and (4) park amenities, including a children's play area, a perimeter walking trail, and parking; and
Wi-IEREAS, the Board of Commissioners, by Resolution No. CRA-R-09-0012, passed and adopted on February 23, 2009,
authorized a grant, in an amount not to exceed $1,000,000, to the City to underwrite a portion of the costs associated with the
renovation of Gibson Park; and
WHEREAS, on March 15, 2010, the Board of Commissioners authorized additional funding to the City, for the amount of
$8,000,000, plus interest, in the form of repayment of the Sunshine State loan taken by the City to fund the renovation of
Gibson Park; and
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Crystal Report Viewer
WHEREAS, the Board of Commissioners, by Resolution No, CRA-R-11-0058, passed and adopted on November 28, 2011,
provided additional funding, in an amount not to exceed $2,800,000 for the design and construction of an indoor basketball
gymnasium at Gibson Park; and
WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-13-0030, passed and adopted on April 29, 2013,
authorized additional funding in an amount not to exceed $600,000, for the design and construction of classrooms and
recreational spaces in the Gymnasium at Gibson Park; and
WHEREAS, the community has requested a number of additional upgrades and improvements beyond those originally
anticipated for Gibson Park, and said upgrades and improvements are valued at an additional $2,000,000; and
WHEREAS, a private third party has recently approached the CRA about donating approximately $1,000,000, towards the
costs of said additional upgrades and improvements if the CRA would agree to match this donation; and
WHEREAS, the Board of Commissioners wishes to dea.11ocate Resolution No. CRA-R-11-0032, and authorize the expenditure
of additional funds in an amount not to exceed $1,000,000, for additional upgrades and improvements to Gibson Park,
provided that said additional funding is equally matched by other funding sources; and
WHEREAS, the Board of Commmissioners finds that the adoption of this Resolution would further the aforementioned
redevelopment goals;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMi, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and
incorporated herein as if fully set forth in this Section.
Section 2. Funding previously allocated by Resolution No. CRA-R-11-0032 is hereby deellocated,
Section 3. The expenditure of additional funds, in an amount not to exceed $1,000,000, for additional upgrades and
improvements to Gibson Park is hereby authorized, provided that said additional funding is equally matched by other
funding sources.
Section 4. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly
to vendors, upon presentation of invoices and satisfactory documentation.
Section 5, The Executive Director is authorized to execute all documents necessary for said purpose.
Section 6, Funds are to be allocated from SEOPW Tax Increment Fund, "Other Grants and Aids," Account Code No.
10050.920101.8 83000.0000.00000.
Section 7, This Resolution shall become effective immediately upon its adoption,
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To be included and completed upon document execution
Exhibit 4 — City Commission Resolution R 14- , adopted , 2014.
Authorizing Miami Foundation Grant Funds Acceptance and Agreement
And
Exhibit 5 — City Commission Resolution R 14- , adopted , 2014
Authorizing SEOPW CRA matching Grant