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Home My WebLink About25217AGREEMENT INFORMATION AGREEMENT NUMBER 25217 NAME/TYPE OF AGREEMENT OMNI CRA DESCRIPTION GRANT ACCEPTANCE AGREEMENT/TRAFFIC CIRCLE AT NORTH BAYSHORE DRIVE BETWEEN NE 15TH ST & NE 17 T E R R/FILE ID: 16186/C RA- R-24-0235/MATTER ID: 24-1168 EFFECTIVE DATE October 21, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/21/2024 DATE RECEIVED FROM ISSUING DEPT. 10/22/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL {Note: Blanks to be completed upon document execution} GRANT ACCEPTANCE AGREEMENT BETWEEN THE CITY OF MIAMI AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY This Grant Acceptance Agreement (the "Agreement"), made and entered into as of the 21st day of October , 2024 (the "Effective Date"), by and between the City of Miami, a municipal corporation of the State of Florida, located at 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and The OMNI Redevelopment District Community Redevelopment Agency (OMNI CRA), whose principal address is 1401 North Miami Ave., 2nd Floor, Miami, FL 33136. RECITALS WHEREAS, the City of Miami will perform a capital improvement project to construct a Traffic Circle at North Bayshore Drive between NE 15th Street and NE 17 Terrace located within the OMNI CRA Redevelopment area, the Scope of which includes roadway improvements, drainage, pavement markings, and signage ("Project") as more particularly described in "Exhibit 1"; and WHEREAS, grant funds from the OMNI CRA, in an amount not to exceed Two Million One Hundred Twelve Thousand and 00/100 Dollars ($2,112,000.00) ("Grant Funds") will serve as a funding source for the Project; and WHEREAS, the grant funds from OMNI CRA shall be used solely for costs associated with the Project; and WHEREAS, OMNI CRA Resolution No. CRA-R-23-0051 adopted October 12, 2023 authorized the Interim Executive Director to execute this Agreement and to provide to the City the Grant Funds for the Project is attached and incorporated herein as "Exhibit 2"; and WHEREAS, City Resolution No. R-24-0235 adopted June 18, 2024, authorized the City Manager to execute this Agreement and to accept the Grand Funds for the Project is attached and incorporated herein as "Exhibit 3"; and WHEREAS, the parties intend that if at any time the Grant Funds are misappropriated or if fraud occurs, then the Grand Funds donated to complete the Project will be returned in full to the OMNI CRA. 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 — OMNI CRA hereby agrees to make Grand Funds available to the City, in an amount not to exceed Two Million One Hundred Twelve Thousand Dollars ($2,112,000.00) on a reimbursement basis for expenses described in Exhibit 1 which include previous and current roadway improvements, drainage, pavement markings, signage and related project management/administrative cost and/or directly to vendors. Payments shall be made and approved directly to vendors or as reimbursement upon presentation of such Project specific invoices, and such approval shall not be withheld when said invoices are accompanied by sufficient supporting documentation and details. The term of this Agreement shall commence on the Effective Date and shall terminate upon completion of the Project. 2. REPORTS — At the OMNI CRA's request, and no later than thirty (30) days thereafter, the City agrees to deliver a written quarterly report relating to the use of the Grant Funds. 3. AUDIT RIGHTS — OMNI CRA 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 OMNI CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. 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: With copies to: And: And: Art Noriega V, City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 Resilience and Public Works City of Miami 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 Office of Capital Improvement City of Miami 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 George Wysong, City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 To OMNI CRA: Isiaa Jones, Director OMNI CRA 1401 North Miami Ave., 2nd Floor Miami, FL 33136 5. SEVERABILITY — Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 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 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 all parties. 8. DEFAULT — If any Party fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then that Party shall be in default. Upon the occurrence of a default hereunder, the non -defaulting Parties, in addition to all remedies available by law, may immediately, upon written notice to the defaulting Party, terminate this Agreement. 9. DISPUTE RESOLUTION APPLICABLE LAW —The Parties shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statues, as amended. 10. 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, and local laws, ordinances, codes, rules, and regulations. Any action or proceeding in respect of any claim arising out of or related to this Agreement, where 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. 11. 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, and the Parties agree to allow access by each other and by the public to all documents subject to disclosure under applicable law. 12. JOINT PREPARATION —The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one or more of the Parties and not the others. 13. COUNTERPARTS; ELECTRONIC SIGNATURES —This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf and other electronic signatures to this Agreement shall have the same effect as original signatures. EXHIBIT 1 — Project Description EXHIBIT 2 — CRA Resolution No. CRA-R-23-0051 EXHIBIT 3 — City of Miami Resolution No. 24-0235 IIWITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their Si. ne _ y: ective officials thereunto duly authorized this the day and year above written. ATTEST: DocuSigned by: CITY OF MIAMI, FLORIDA, a Municipal Corporation of the State of Florida ,-DocuSigned by: 2024 115:15:3itUW NDV ber 11, 2024 1 12:23:36 EDT By: RSOCFfic37711n49A -E4619+5Se9eF-1-459 _ Todd Hannon, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: DocuSigned by: Art Noriega, City Manager DS DS October 11, 02�� 10:l f:t lEami1, 2.024 I 11:57:34 EDT APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: 17.56:t By:l5 heptember 4, 2024 1 13:56:36 EDT 55349.640�1-25460... George Wysong, City Attorney Ann -Marie Sharp, Director DS 24-1168 Risk Management Department thr October 10, 2024 1 16:33:25 EDT Signed by: i tbrOt, Wl1S %-r 10, 2024 I �RR��FFQ.FFRR�iIRR ATTEST By: DocuSigned by: F4bbibbuouli4b9_ CRA Board Clerk OMNI CRA, By. DocuSigned by: `— 726 F60389 F4 F4 R 3 Isiaa Jones, Executive Director Initial EXHIBIT 1 Project Goals Installation of traffic circle and road improvements for the segment along North Bayshore Drive from NW 15th Street to NE 17th Terrace. Project Location North Bayshore Drive from NE 15th Street to NE 17th Terrace Miami, FL Project Scope Design and construction of a traffic circle, along North Bayshore Drive from NW 15th Street to NE 17thTerrace. Work includes minor road reconstruction associated with the construction of a new traffic circle, drainage improvements, sidewalks, ADA compliant ramps, curb/gutter, pavement markings, roadway signage, lighting, and milling & resurfacing. Project Cost Estimate 1- Estimated Design Cost: $354,071. (includes $88,065 previously incurred). 2- Estimated Construction Cost: $1,429,450. 3- Estimated Project Management, Construction Management and Administration: $328,488. Grand Total Cost: $2,112,009 EXHIBIT 2 OMNI Board of Commissioners Meeting October 12, 2023 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Damian Pardo and Members of the CRA Board Isiaa Jones Interim Executive Director Date: October 11, 2023 File: 14859 Subject: Contribution to the City of Miami for the Traffic Circle Project located within the OMNI CRA Enclosures: 14859 Atlas Map 14859 Google Map -Traffic Circle BACKGROUND: It is recommended that the Board of Commissioners ("Board") of the Omni Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing the issuance of a contribution to the City of Miami, in an amount not to exceed two million one hundred twelve thousand dollars ($ 2,112,000.00), to the City of Miami, to underwrite costs associated with the City of Miami's Office of Capital improvements traffic Circle Project. JUSTIFICATION: Section 4.4, D., at page 42 of the 2009 Omni Redevelopment Plan lists the elimination of conditions which contribute to blight as a stated redevelopment objective. Section 4.4, A, on page 41 of the CRA Redevelopment Plan lists that the CRA should "Provide for greater connectivity by diminishing the impact of existing urban barriers to redevelopment and promoting regional transportation." Also, on page 161 Section 8.2, the CRA through funding and collaborative efforts now look to "Improve Transportation Amenities/Upgrades" and improve the "Elements contributing to a high - quality environment," and, "Develop Pedestrian Corridors." This Resolution carries out the objectives of the Omni Redevelopment Plan. FUNDING: $2,112,000.00 allocated from OMNI account code 10040.920501.883000.0000.00000. Omni CRA EXHIBIT 2 City of Miami Legislation OMNI CRA Resolution CRA-R-23-0051 OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 14859 Final Action Date: 10/12/2023 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") AUTHORIZING THE ISSUANCE OF A GRANT IN AN AMOUNT NOT TO EXCEED TWO MILLION ONE HUNDRED TWELVE THOUSAND DOLLARS ($2,112,000.00) TO THE CITY OF MIAMI ("CITY") FOR COSTS ASSOCIATED WITH THE CAPITAL IMPROVEMENT OF THE TRAFFIC CIRCLE AT NORTH BAYSHORE DRIVE ("PROJECT") LOCATED WITHIN THE BOUNDARIES OF THE OMNI REDEVELOPMENT AREA WITH ALL WORK TO BE PERFORMED THROUGH THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS; AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR TO APPOINT A REPRESENTATIVE FROM THE OMNI CRA TO BE ADVISED ON ALL PLANS AND PROPOSALS FOR THE PROJECT; AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR TO DISBURSE FUNDS ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, AT THE INTERIM EXECUTIVE DIRECTOR'S SOLE DISCRETION, UPON THE PRESENTATION OF SATISFACTORY INVOICES AND DOCUMENTATION; AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, ALL IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM OMNI ACCOUNT CODE 10040.920501.883000.0000.00000. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with its approved Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4.D. at page 42 of the Plan lists the elimination of conditions which contribute to blight as a stated redevelopment objective; and WHEREAS, Section 4.4.A on page 41 of the Plan also lists that the CRA should "Provide for greater connectivity by diminishing the impact of existing urban barriers to redevelopment and promoting regional transportation"; and WHEREAS, the CRA wishes to complete the North Bayshore Drive Traffic Circle Project as a necessary redevelopment objective capital improvement project within the Redevelopment Area ("Project"); and WHEREAS, the Interim Executive Director recommends that the CRA contribute $2,112,000.00 towards the City of Miami's ("City") budget for the Project; and WHEREAS, the Board of Commissioners wishes to authorize funding for the Project; EXHIBIT 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The issuance of a grant in an amount not to exceed $2,112,000.00 to the City to underwrite costs associated with the Project is approved. Section 3. The Interim Executive Director is authorized to disburse funds on a reimbursement basis or directly to vendors, solely in the Interim Executive Director's discretion, upon presentation of invoices and satisfactory documentation. Section 4. The Interim Executive Director is authorized to negotiate and execute any and all documents necessary for said purpose, all in a form acceptable to General Counsel. Section 5. Funds are to be allocated from Omni account code 10040.920501.883000.0000.00000. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL AGENDA ITEM COVER PAGE File ID: #16186 Resolution Sponsored by: Commissioner Damian Pardo A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE FUNDS FROM THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN AN AMOUNT NOT TO EXCEED TWO MILLION ONE HUNDRED TWELVE THOUSAND 00/100 DOLLARS ($2,112,000.00) TO UNDERWRITE THE COST FOR THE CONSTRUCTION OF A TRAFFIC CIRCLE AT NORTH BAYSHORE DRIVE BETWEEN NORTHEAST 15TH STREET AND NORTHEAST 17TH TERRACE INCLUDING ROADWAY IMPROVEMENTS, DRAINAGE, PAVEMENT MARKINGS AND SIGNAGE ("PURPOSE") AS PART OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B203614 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OMNI CRA FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Legislation Resolution Enactment Number: R-24-0235 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16186 Final Action Date:6/18/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE FUNDS FROM THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN AN AMOUNT NOT TO EXCEED TWO MILLION ONE HUNDRED TWELVE THOUSAND 00/100 DOLLARS ($2,112,000.00) TO UNDERWRITE THE COST FOR THE CONSTRUCTION OF A TRAFFIC CIRCLE AT NORTH BAYSHORE DRIVE BETWEEN NORTHEAST 15TH STREET AND NORTHEAST 17TH TERRACE INCLUDING ROADWAY IMPROVEMENTS, DRAINAGE, PAVEMENT MARKINGS AND SIGNAGE ("PURPOSE") AS PART OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B203614 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OMNI CRA FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is responsible for traffic safety throughout the City of Miami, which includes the Omni Redevelopment Area ("Area"); and WHEREAS, the 2009 Omni Redevelopment Plan ("Plan") lists the elimination of conditions that contribute to blight as a stated redevelopment objective and the OMNI Community Redevelopment Agency ("CRA") wishes to support this objective through funding and collaborative efforts with the City to provide for greater connectivity by diminishing the impact of existing urban barriers to redevelopment and promoting regional transportation; and WHEREAS, the CRA Plan seeks to improve the quality of life in the Area by improving transportation amenities and development of pedestrian corridors; and WHEREAS, the CRA views the completion of the North Bayshore Drive Traffic Circle Project, including construction of a traffic circle at North Bayshore Drive between Northeast 15th Street and Northeast 17th Terrace, including roadway improvements, drainage, pavement markings, and signage as part of Office of Capital Improvements Project Number 40-B203614 ("Project"), as a necessary redevelopment objective capital improvement project within the Area, and WHEREAS, pursuant to CRA Resolution No. 23-0051 adopted on October 12, 2023, the Board of Commissioners of the CRA approved the issuance of a grant in an amount not to exceed Two Million One Hundred Twelve Thousand Dollars ($2,112,000.00) ("Grant Funds") to the City to underwrite the cost associated with the Project ("Purpose"); and WHEREAS, the City Commission wishes to accept said Grant Funds to be used solely for costs associated with the Project; and WHEREAS, it is appropriate for the City to accept the Grant Funds, and authorize the City Manager to negotiate and execute any and all necessary documents, including but not limited to, a grant agreement, amendments, extensions, renewals, and modifications, all in forms acceptable to the City Attorney, with the Omni CRA for the acceptance and administration of the Grant Funds; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to accept, budget, allocate, and appropriate the Grant Funds to be utilized for the Project. Section 3. The City Manager is further authorized' to negotiate and execute a grant agreement, in a form acceptable to the City Attorney, with the Omni CRA for the acceptance and administration of the Grant Funds for said Purpose. Section 4. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, including, but not limited to, amendments, renewals, extensions, and modifications, all in forms acceptable to the City Attorney, for said Purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: rge . Wy ng III, C y ttor -y 6/4/2024 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Olivera, Rosemary From: De Los Santos, Jesly Sent: Tuesday, October 22, 2024 9:30 AM To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Cc: Jones, Isiaa; Gomez, Humberto; McKinnon, Charles Subject: 40-B203614 N. Bayshore Drive Traffic Circle Grant Acceptance Agreement Attachments: Fully Executed - N. Bayshore Drive Traffic Circle Grant Acceptance Agreement.pdf Good morning, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thankyou, Jesly De Los Santos Executive Assistant, OMNI-CRA 1401 N. Miami Avenue, Miami, FL 33136 Off: 305 679-6856 Email: jdelossantos@miamigov.com Website: www.omnicra.com Ornni CRA Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail may contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. 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