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HomeMy WebLinkAbout23074AGREEMENT INFORMATION AGREEMENT NUMBER 23074 NAME/TYPE OF AGREEMENT BIG TIME EQUIPMENT INC., DESCRIPTION GRANT AGREEMENT / BUSINESS DEVELOPMENT IN THE OMNI AREA / CRA-19-0041 EFFECTIVE DATE April 29, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/29/2020 DATE RECEIVED FROM ISSUING DEPT. 4/29/2020 NOTE 3© 7 BUSINESS GRANT AGREEMENT BY AND BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND BIG TIME EQUIPMENT, INC. THIS BUSINESS GRANT AGREEMENT is entered into as of the day of 2020 by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with a principal address at 1401 N. Miami Avenue, Miami, Florida 33136 ("CRA"), and Big Time Equipment, Inc., a for -profit Florida corporation with a principal address at 59 NW 14th St. Miami Florida, 33136 ("GRANTEE"). RECITALS WHEREAS, GRANTEE submitted a grant application and proposals directly to the CRA requesting One Hundred Ninety -Three Thousand, One Hundred Thirty -Nine Dollars and Ninety - Three Cents ($193,139.93) to underwrite the cost associated with the expansion of its existing business within the boundaries of the CRA; and WHEREAS, the CRA through CRA-R-19-0041, adopted October 30th, 2019 by the Board of Commissioners of the CRA, attached and incorporated as Exhibit "A" ("Authorizing Resolution"), has authorized a Business Grant Program ("Program") for the purposes of business development in the OMNI Redevelopment Area ("Area"); and WHEREAS, pursuant to the Authorizing Resolution, the Program authorizes the Executive Director of the CRA ("Executive Director") to disburse funds from the Program ("Grants"), at his discretion, on a reimbursement basis or directly to vendors upon presentation of invoices and satisfactory documentation to qualifying businesses; and WHEREAS, GRANTEE and the CRA wish to enter into this Agreement to set forth the terms and conditions relating to the use by GRANTEE of a grant in the not to exceed amount of One Page 1 of 18 Hundred Ninety -Three Thousand, One Hundred Thirty -Nine Dollars and Ninety -Three Cents ($193,139.93) ("Grant") for the Project as defined below; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: THE GRANT RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. GRANT. Subject to the terms and conditions set forth herein and GRANTEE's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the GRANTEE the Grant to be used for the purpose and Project (as defined below), and as disbursed in the manner hereinafter provided. USE OF GRANT. The Grant shall be used by GRANTEE as follows: to underwrite some of the costs to rehabilitate a portion of its existing business within the CRA's boundaries ("Project"), as described in Composite Exhibit "B", attached and incorporated herein by this reference, which includes GRANTEE's CRA Business Incentive and Assistance Application. COMPLIANCE WITH POLICIES AND PROCEDURES. GRANTEE understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities funded by the Grant for the Project. GRANTEE covenants and agrees to comply with such requirements and represents and warrants to the CRA that the Grant shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting the foregoing, GRANTEE represents and warrants that it will comply with, and the Grant will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. RECORDS, INSPECTIONS, ,REPORTS/AUDITS AND EVALUATION. To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, as amended ("City Code"), are deemed as being incorporated by Page 2 .of 18 reference herein and additionally apply to this Agreement. GRANTEE understands, acknowledges, and agrees that: (a) the CRA must meet certain record keeping and reporting requirements regarding the Grant and that in order to enable the CRA to comply with its record keeping and reporting requirements, GRANTEE shall maintain all records as required by the CRA; and (b) at the CRA's request, and no later than thirty (30) calendar days thereafter, GRANTEE shall deliver to the CRA such reports and written statements relating to the use of the Grant as the CRA may require from time to time; and (c) all costs and expenses of the Project shall be at actual cost with no markups; and (d) the CRA shall have the right to conduct audits of GRANTEE's records pertaining to the Grant and to visit and to inspect the Project, in order to conduct its monitoring and evaluation activities, and that GRANTEE shall cooperate with the CRA in the performance of these activities; and (e) GRANTEE's failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. REVERSION OF ASSETS. Upon the expiration, termination, or cancellation of the term of this Agreement, any unspent Grant funds shall immediately revert to the possession and ownership of the CRA and GRANTEE shall transfer to the CRA all unused Grant funds at the time of such expiration, termination, or cancellation. INSURANCE REQUIREMENTS: Insurance Requirements for the Project are attached and incorporated herein as Exhibit "C". DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, and at the time of execution of this Agreement, the CRA shall make available to GRANTEE, on a reimbursement basis, an amount not to exceed One Hundred Ninety -Three Thousand, One Hundred Thirty -Nine Dollars and Ninety -Three Cents ($193,139.93) in Grant funds. Payments will be made only after GRANTEE has submitted to the CRA and the CRA has Page 3 of 18 received and approved in writing such Project specific invoices, (a) which shall be accompanied by sufficient supporting documentation and contain sufficient details, to constitute a "Proper Invoice" as defined by Florida Statutes Section 218.73 and 218.74, and (b) which are subject to verification by the CRA of acceptable work product for the Project. In no event shall payments to GRANTEE under this Grant Agreement exceed One Hundred Ninety -Three Thousand, One Hundred Thirty -Nine Dollars and Ninety -Three Cents ($193,139.93), nor shall Grant funds be used in any form inconsistent with the terms, conditions, obligations, and requirements contained herein. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon full disbursement of either (a) One Hundred Ninety -Three Thousand, One Hundred Thirty -Nine Dollars and Ninety -Three Cents ($193,139.93) or (b) such lesser amount should the final completion of the Project not require the entire not to exceed amount of One Hundred Ninety -Three Thousand, One Hundred Thirty -Nine Dollars and Ninety -Three Cents ($193,139.93) from the Grant; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees, expenses, and costs shall survive the expiration or earlier termination of this Agreement. REMEDIES FOR NON-COMPLIANCE. If GRANTEE fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms, conditions, obligations, or requirements contained herein, then the CRA shall have the right to take one or more of the following actions, irrespective of any remedies available to it in law and/or equity: (a) Withhold cash payments, pending correction of the deficiency by GRANTEE; (b) Recover payments made to GRANTEE; (c) Disallow (that is, deny the use of the Grant for) all or any part of the cost for the activity or action for the Project not in compliance; (d) Withhold further awards for the Project; and (e) Take such other actions and/or remedies that may be legally permitted. Page 4 of 18 NON-DISCREVIINATION. GRANTEE, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability in connection with its performance under this Agreement. Furthermore, GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status, sexual orientation, or disability be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. CONFLICT OF INTEREST. GRANTEE has received copies of, or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by GRANTEE. GRANTEE covenants, represents and warrants that it will comply with all applicable conflict of interest provisions including, but not limited to, the: (a) Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. CERTIFICATIONS RELATING TO THE GRANT. GRANTEE certifies that: (a) All expenditures of the Grant shall be made only for the Project and in accordance with the provisions of this Agreement. (b) Reasonable accounting records for the Project shall be maintained by GRANTEE. (c) The expenditures of the Grant shall be properly documented, and such documentation shall be maintained on file at the Project site. (d) Periodic progress reports shall be provided to the CRA as requested from time to time. (e) No expenditure of Grant funds shall be used for political activities. Page 5 of 18 (f) GRANTEE shall be liable to the CRA for any amount of the Grant expended in a manner inconsistent with this Agreement. MARKETING. (a) GRANTEE shall consult with the CRA's Executive Director regarding all uses and displays of the recognition of the CRA. (b) GRANTEE shall prominently display signage acknowledging the CRA's Grant contribution to the Project at GRANTEE's primary place of business, and for a period of two (2) years after expiration of this Agreement. (c) GRANTEE shall produce, publish, advertise,. disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Project, in all forms of media and communications created by GRANTEE in relation to this Agreement and/or the Project, for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purposes, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or postings, or interviews. (d) The CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. (e) GRANTEE further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in GRANTEE's use of the CRA's name and logo, confers or may be construed as conferring GRANTEE any right, title, or interest whatsoever in the CRA's name, identifying information, and logo beyond the limited right granted in this Agreement. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then GRANTEE shall be in default. Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall be immediately returned to the CRA. GRANTEE understands and agrees that Page 6 of 18 termination of this Agreement under this section shall not release GRANTEE from any obligations accruing prior to the effective date of termination. NO LIABILITY OF THE CRA OR THE CITY. None of the respective officers, employees, agents, representatives, or principals, whether disclosed or undisclosed, of the CRA and of the City of Miami ("City") shall have any personal liability with respect to any of the provisions of this Agreement. Any liability of the CRA and of the City under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. SPECIFIC PERFORMANCE. In the event of breach of the Grant Agreement by the CRA, the GRANTEE may only seek specific performance of the Grant Agreement and any recovery shall be limited to the actual amount of the Project costs not to exceed the amount of Grant funding authorized for the Project. In no event shall the CRA be liable to GRANTEE for any additional compensation, other than that provided herein, or for any consequential or incidental damages. INDEMNIFICATION OF THE CRA AND THE CITY. GRANTEE hereby agrees to indemnify, protect, defend, save, release, and hold harmless the CRA, the City, and their respective officers, employees, agents, representatives, and principals from and against any and all claims, actions, damages, liability and expense (including fees, costs, and expenses of attorneys, investigators and experts) in connection with loss of life, personal injury, or damage to property arising out of the performance or non-performance of this Agreement and the Project, except to the extent such loss, injury or damage was caused by the gross negligence of the CRA, the City, or their respective officers, employees, agents, representatives, and principals. DISPUTES. In the event of a dispute between the Executive Director of the CRA and GRANTEE as to the terms and conditions of this Agreement, the Executive Director of' the CRA and GRANTEE shall notify each in writing of the dispute and proceed in good faith to resolve the dispute within thirty (30) calendar days of such written notice. If the dispute is not resolved within such thirty (30) calendar days, the dispute shall be submitted to the CRA's Board of Commissioners ("Board") for resolution within ninety (90) calendar days thereof, or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. Page 7 of 18 CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions of' this Agreement or the scope or intent thereof. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and GRANTEE relating to this Agreement or the Grant and/or Project. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the authorized representatives of the parties. The CRA's authorized representative is the Executive Director. GRANTEE's authorized representative is Eugene Rodriguez in accordance with GRANTEE's corporate authorization, attached and incorporated as Composite Exhibit "D", which includes GRANTEE's Corporate Status Update. CONSTRUCTION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govem. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a Page 8 of 18 waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing by the non -breaching party. 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. NO THIRD -PARTY BENEFICIARY RIGHTS. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by the authorized representatives of both parties. OWNERSHIP OF DOCUMENTS. Upon request by the CRA, all documents developed by GRANTEE shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. GRANTEE agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CRA to GRANTEE pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by GRANTEE for any other purposes whatsoever, without the written consent of the CRA. AWARD OF AGREEMENT. GRANTEE warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. NON-DELEGABILITY. The obligations of GRANTEE under this Agreement shall not Page 9 of 18 be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. CONSTRUCTION OF AGREEMENT, GOVERNING LAW, AND VENUE. This Agreement shall be construed and enforced in accordance with Florida law without regard to its conflicts of law provisions. In the event of litigation, controversies, or legal problems arising out of or as a result of this Agreement and/or the Project, shall be submitted to the jurisdiction of the State of Florida courts in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The venue shall be Miami -Dade County, Florida. Each party shall be responsible for its own attomey's fees, costs, and expenses. Moreover, GRANTEE acknowledges that it shall adhere to any and all state, local, and federal laws, rules and regulations in undertaking the Project and in complying with this Agreement, to include the Code of the City of Miami, Florida, as amended. WAIVER OF JURY TRIAL. GRANTEE and the CRA hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, claim, or counterclaim based on this Agreement and/or the Project, or arising out of, under, or in connection with this Agreement, the Project, any renewal(s) hereof, any amendment, extension, or modification of this Agreement, or any other agreement executed between the parties in connection with this Agreement, the Project, or any other course of conduct, course of dealing, statements (whether verbal or written), or any other actions of any party hereto. This waiver is a material inducement for the CRA and the GRANTEE to enter into this Agreement. TERMINATION OF CONTRACT FOR CONVENIENCE. The CRA retains the right to terminate this Agreement at any time for convenience, without penalty to the CRA. In that event, the CRA shall give five (5) days written notice of termination to GRANTEE. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth (5t') day after being posted, or the date of actual receipt, whichever is earlier. To CRA: Omni Redevelopment District Community Redevelopment Agency Page 10 of 18 1401 North Miami Avenue Miami, FL 33136 Attn: Executive Director With a copy to: Office of the City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, FL 33130 Attn: Victoria Mendez, General Counsel To GRANTEE: Attn: 59 NW 14th Street Miami, Florida 33127 Attn: Eugene Rodriguez INDEPENDENT CONTRACTOR. GRANTEE, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. AUTHORITY. Both the CRA and GRANTEE certify that each possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of each party as a governing body, authorizing the execution of this Agreement, and identifying the official representative of each to act in connection herewith and to provide such additional information as may be required by the terms of this Agreement. PUBLIC RECORDS. GRAN FEE understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the CRA, subject to the provisions Page 11 of 18 of Chapter 119, Florida Statutes, and any specific exemptions there from, and GRANTEE agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. GRANTEE' s failure or refusal to comply with the provisions of this section shall result in immediate termination of the Agreement by the CRA. Pursuant to the provisions of Section 119.0701, Florida Statutes, GRANTEE must comply with the Florida Public Records Laws, specifically the GRANTEE must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the GRANTEE upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the CRA in a format compatible with the information technology systems of the public agency. Page 12 of 18 GRANTEE agrees that any of the obligations in this section will survive the term, termination and cancellation hereof. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-679-6870, IJONES@MIAMIGOV.COM, AND 1401 NORTH MIAMI A VENUE, MIAMI, FLORIDA 33136. SURVIVAL. All obligations (including but not limited to indemnity and obligations to defend, release, and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 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. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] {Remainder of Page Intentionally Left Blank} Page 13 of 18 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized as of the day and year above written. ATTEST: ATTEST: Todd B. and mrCJerk of the Board Date: IA ?1.°1/ J) O APPROVED AS TO INSURANCE REQUIREMENTS: Big Time Equipment, Inc. OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.35 10 = .. Statutes ("CRA") son Walker, Executive Director APPROVED AS TO FORM AND CORRECTNESS: By: 9a4.446, L. e/6/a Ann -Marie Sharpe, Director, Victoria Mendez, General Counsel Risk Management Department Page 14 of 18 EXHIBIT A OMNI CRA-R-19-0041, adopted October 30th, 2019 Page 15 of 18 Miami FL OMNI CRA Resolution CRA-R-19-0041 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") ALLOCATING $750,000.00 TO A BUSINESS GRANT PROGRAM FOR THE PURPOSES OF BUSINESS DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA FROM ACCOUNT NO. 10040.920501.883000; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS SOLELY IN HIS DISCRETION AS A GRANT, A LOAN TO BUSINESS ENTITIES, ON A REIMBURSEMENT BASIS TO BUSINESS ENTITIES, OR DIRECTLY TO VENDORS UPON PRESENTATION OF INVOICES AND/OR SATISFACTORY DOCUMENTATION TO QUALIFYING BUSINESSES IN ORDER TO DISBURSE FUNDS AS STATED HEREIN SUBJECT TO THE AVAILABILITY OF FUNDS; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. Information Department: Category: Attachments OMNI Community Redevelopment Agency Grant Agenda Summary and Legislation 6721 2020 Business Incentive Grant Application 6721 2020 Business Microgrant Application Sponsors: Body/Legislation WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Omni Redevelopment Area ("Area") in accordance with the 2010 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan; Section 4.4, D., A02, at page 42 of the Plan; and Section 4.4, E., D-7, at page 42 of the Plan all list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives; and WHEREAS, Section 5 of the Plan titled "Projects and Strategies" also authorizes the CRA to further authorize "small business development through the creation of financial resource pools"; and WHEREAS, Page 97 of the Plan also authorizes the CRA to engage in the "encouragement of small business opportunities in the redevelopment area"; and WHEREAS, the Board of Commissioners of the CRA has previously allocated funds to programs that rehabilitate facades, small business improvements, and improvements to the quality of life within the Area; and WHEREAS, these programs have all been successful and have accomplished the goals and objectives of the Plan; and WHEREAS, the Board of. Commissioners wishes to allocate an additional $750,000.00 to a Business Program (Program") to continue with similar programs in the Area; and WHEREAS, funds are available from Account No. 10040.920501.883000 for the Program, 2019-2020 Omni CRA budget line item 33 page 5; and WHEREAS, the Executive Director is requesting authorityto disburse funds from the Program to eligible participants as a grant, as a loan, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation without the need for further approval from the Board of Commissioners and within the Executive Director's sole discretion; 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 of this Resolution are adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. The Program is hereby. established with funds in the amount of $750,000.00 allocated from Account No. 10040.920501.883000, 2019-2020 Omni CRA. budget line item 33 page 5. Section 3. The Executive Director is authorized to disburse funds in his sole discretion as either a grant, a loan, on a reimbursement basis, or directly to vendors upon presentation of invoices and satisfactory documentation to qualifying businesses. Section 4. The Executive Director is authorized to negotiate and execute any and all documents necessary to .effectuate the Program, all in a form acceptable .to the General Counsel. Section 5. This Resolution shall become effective immediately upon adoptions. Meeting History Oct 30, 2019 5:00 PM RESULT: MOVER: SECONDER:_ AYES: ABSENT: OMNI Community Regular Meeting Redevelopment Agency ADOPTED [UNANIMOUS] Wifredo (Willy) Gort, Board Member, District One Keon Hardemon, Vice Chair, District Five Ken Russell, Keon Hardemon, Wifredo (Willy) Gort' Joe Carollo, Manolo Reyes Select Language . • l Powered byGodgle Translate M1 °-Draft COMPOSITE EXHIBIT B- PROJECT DESCRIPTION Page 16 of 18 Ice Palace Studios Exhibit B "Project Description" The following grant is to assist with improvements that need to be made in order for the reopening of 71 NW 14th street, Miami, Florida as a restaurant and entertainment facility. The grant will also make improvements to the adjoining property "ice palace studios", at 59 NW 14th street, Miami, Florida. Due to the market conditions we have found it difficult to lease 71 NW 14 street without some improvements which this grant is helping with. EXHIBIT C- INSURANCE REQUIREMENTS Page 17 of 18 EXHIBIT B INSURANCE REQUIREMENTS -BIG TIME EQUIPMENT, INC. I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami & OMNI CRA listed as additional insured Primary Insurance Clause Contingent & Contractual Liability Premises and Operations Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami & OMNI CRA listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Property Commercial Property Insurance covering the building, fixtures, equipment, inventory or business personal property, and improvements and betterments owned by Big Time Equipment, Inc. The property policy shall at a minimum cover the perils insured under the ISO Special Causes of Loss Special Form (CP 10 30), or substitute form providing equivalent coverages, including debris removal, windstorm, hail, and including flood as applicable, along with Law and Ordinance coverage, and Equipment Breakdown or Boiler and Machinery coverage. The policy shall be written on a replacement cost basis and should include the City and the OMNI CRA as loss payees on this policy. The Policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City reserves the right to request a certified copy of the insurance policy including all endorsements. In addition, the City must be provided with all applicable additional insured endorsements as noted in the insurance exhibit, which must be attached to each of the corresponding certificates of insurance. ACOR®' CERTIFICATE OF LIABILITY INSURANCE _DATE- (NIW00IYYYY) .. 03111/2020 __ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is -an ADDITIONAL INSURED, the policy(lee) must be endorsed. If SUBROGATION IS WAIVED, subject to I the farms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endomement(s). - _ — PRODUCER Phone: (305) 279-8168 ISABEL TEJEDA WORLDWIDE ENTERTAINMENT INSURANCE 11240 N. KENDALL DRIVE SUITE #200 MIAMI FL 33176 INSURED -- - Big Time Equipment, Inc. 71 NW 14th Street Miami, FL 33136 CONTACT Merle Sardifia - NAME: "- five. No. Ext.. .(305)`279-8168 "C EMAIL . ' Nol: ADDREss: _ .cerUHcates@Worldwldeentins.com INSURER(S) AFFORDING COVERAGE - NAICO - INSURER : Great Divide Insuranc e Company INSURER B : CRC ;25224_ - INSURERC : INSURER D: INSURERE : INBURERF : .COVERAGES C ERTIFICATE. N 11MRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POUC LISTED BELOW HAVE 'BEEN ISSUED TO TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED BY THE POLICIES ES. LIMITS SHOWN MAY -HAVE BEEN REDUCED BY PA THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, , D CLAIMS. INSR LTR 1 - - ' ,_ - .TYPEOFINSURANCE ' 'ADM INSD SUER VWD - _ _ _ _ -_-_ - POLICY NUMBER =POLICYEFF' wajowyrt,yl FOUCYEXP OMITS A A ; X JCOMMERCtAL GENERAL X LIABILnY OCCUR X CNA 7502994-11 07/01/1 9 .IMWODrfrni ' 07/01/20 EACH OCCURRENCE $ 1,000,000 I --_1 CLAIMS•MADE CASE TO RENTED PREMISES (Ea commence) $ $ 100,000 MED. EXP (fury one person) ' 0 1 -- PERSONAL8ADVINJURY $ 1,000,000 GEN'L X _� AUrOMO®LE ^I -. ____'AUTOS X ___ AGGREGATE LIMIT PRO- POLICY ICY I JECT OTHER: — LIABILITY ANY AUTO ALL OWNED HIRED AUTOS APPLIES ` ` X •- I SCHEDULED PER: I Li LOC j -OWNED OCCUR CLAIMS -MADE GENERAL AGGREGATE $ 2,000,000 I PRODUCTS - COMP/OP AGG $ 1,000,000 $ CAA 7502891-11 07101/19 07/01/20 ' , COMBINED SINGLE LIMB (Ea acddenp - _ _ ' $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PRppERTYpa E (per accident) ' $ $ ^EXCESS UMBRELLA LIAe LUIe- EACH OCCURRENCE $ AGGREGATE $ DED.I RETENTION $ g A ' r A�'1°NDL ENPLCCQ NS ARei NIrn ANY PROPRIETORIPARTNERIEXECUTNE OFFICER/IMBIBER EXCLUDED? (Mand.roryInNH( Ilya°.deambeunda DESCRIPTION OF OPERATIONS below YIN NIA _ I WCA 7503004-25 07/01/19 07/01/20 IByr j F OTH- E.L EACH ACCIDENT $ 1,000,000 Y I E.L. DISEASE -EA EMPLOYEE $ 1,000,000 _ E.L DISEASE -POLICY LIMIT $ _ 1,000,000 B Bulldog Ltmit 56750000 AMR5976702 07/01/19 07/01/20 Wind/Flood/Law/Eqpt breakdown included ' DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, AddlUoaal Remarks Schedule, may be attached H moreapace le required) OMNI CRA is an Additional Insured & Loss Payee as respect to general liability. Coverage is Primary and Non Contributory. Special Form, replacement cost Including Windstorm and hall. ANCELLATION OMNI CRA 1401 N MIAMI AVENUE MIAMI, FL 33136 Attention: ACORD 26 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Isabel Tejeda © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD itta:1102)* CERTIFICATE OF LIABILITY INSURANCE - DATE-(MNIOD)YYYYI - " 03111/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). . . _ - _ - _ PRODUCER Phone: (305) 270-8168 ISABEL TEJEDA WORLDWIDE ENTERTAINMENT INSURANCE 11240 N. KENDALL DRIVE SUITE #200 MIAMI FL 33176 TNt1URED- - Big Time Equipment, Inc. ,71 NW 14th Street Miami, FL 33136 CONTACT- .-Merle Sa�difia - - NAME:- -. - - PHONE - . - - -- FAX"" IALc Na;_E l : (305) 279-8168 AX NO: E-h"Aa aDDREss: certificates@Worldwideentlhs.com - INSURER(S) AFFORDING COVERAGE . NAIC d_ -- INSURERA Great Divide Insurance Company INSURER .: CRC 25224 INSURER : INSURER D: INSURER E : INSURER F : COVERAGES_ - _ -_ __---- -CERTIFICATE NUMBER:-2329- - REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED- NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIC ES. LIMITS SHOWNMAYHAVE BEEN REDUCED BY PA D CLAIMS. INSR TYPE OF INSURANCE LTR l� X 'COMMERCIAL GENERAL LIABILITY ,__1CLAIMS-MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JEC LOC OTHER:_ A AUTOMOBILE LIABUITY ANY AUTO ALL OWNED AUTOS X HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS ADDL SUER - -- --' INSD VWD POLICY NUMBER X CNA 7502994-11 - ' UMBRELLA LIAB 1 OCCUR EXCESS UAB CLAIMS -MADE LIED I- !RETENTION$ CAA 7502891-11 POLICY EFF 1NMIDDIrrYY1 .07101/19 POLICY EXP palINISIBMn9 07/01/20 07/01/19 07/01/20 LIMITS EACH OCCURRENCEDAMSIBLE 1,000,000 PREMISES(Ea a�caaenca) ii 100,000 MED. EXP (Any one person) $ 0' PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE 6 2,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 COMBINED SINGLE LIMIT (Ea accident) 6 BODILY INJURY (Per person) $ BODILY INJURY (Per acddent) 'PROPERTY DAMAGE (pmecddent) -_----_-_. ;EACH OCCURRENCE $ a S 1,000,000 AGGREGATE 6 A WORKERS COMPENSATION Arm EMPLOYERS' LWWLTY ANY PROPRIETOR/PARTNERIEXECUTIVE OFF CER IWEMBER EXCLUDED/ (Mandatory In NH) (ryes, deealbe under DESCRIPTION OF OPERATIONS below YIN NIA WCA 7503004-25 07/01/19 07/01/20 1 STATUTE 1 I ER_— E.L EACH ACCIDENT 6 1,000,000 EL. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 B .,Building Limn $6730000 AMR5976702 07/01/19 07101/20 Wind/Flood/Law/Eqpt breakdown Included DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required) The City of Miami is Additional Insured & Loss Payee as respect to general liability. Coverage Is Primary and Non Contributory. Special Form, replacement cost including Windstorm and hall. CERTIFICATE HOLDER - CANCELLATION City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) Isabel Tejeda © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT D GRANTEE'S Certificate of Corporate Authorization And Corporate Status Update Page 18 of 18 CERTIFICATE OF AUTHORITY STATE OF FLORIDA ) ) SS / EIN:.65-0630025. COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that a meeting of the members BIG TIME EQUIPMENT, INC, a Florida Profit Corporation (the "Company"), whose mailing address is 59 N.W. 14th St, Miami FL 33136 organized and existing under the laws of the State of Florida held on /3 , of wary 2020, the following resolution was duly passed and adopted: "RESOLVED, that, Eugene Rodriguez Project Director of the BIG TIME EQUIPMENT, INC, be and is hereby authorized to execute all Grant agreement, each made by the Omni Redevelopment District Community Redevelopment Agency ("CRA") to the BIG TIME EQUIPMENT, INC, and dated on or about the date hereof." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, the undersigned has hereunto set its hand as of the day and year first above written. (Printed typed or stamped commissioned) BIG TIME EQUIPM INC. a Florida Profit C'..` `• ration By: Print Na Title: P ugene Rodriguez ct Director Sworn to and subscribed before me this /3 day of &Mara44 2020, Eu ene Rodriguez, Project Director of BIG TIME EQUIPMENT, INC, on behalf of said entity who is ( I/ personally known by me or has provided the following identification JUAN CARLOS PIEDRAHITA Notary Public —State of Florida Commission # GG 086446 My Comm. Expires Jul 20.2021 Banded Ihrmh Na6asl Nctvylssi. (Printed, typed or stamped commissioned Notar. ' . tic — State of Florida My, • . mission expires .Z. /.Z02/ DIVISION OF CORPORATIONS 4164‘. .AftijihgArg CUP PUP A'f fDlla rrrr rr!/il rnl :,hu. u/ /G•ruln t,;1 0 partme-rt of State / Division of Corporations / Search Records / Detaitty Document Number / Detail by Entity Name Florida Profit Corporation BIG TIME EQUIPMENT, INC. Bing Information Document Number P95000088019 FEI/EIN Number 65-0630025 Date Filed 11/16/1995 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 02/19/2004 Event Effective Date NONE Principal Address 59 N.W. 14TH STREET MIAMI, FL 33136 Changed: 02/19/2004 Mailing Address 59 NW 14TH STREET MIAMI, FL 33136 Changed: 04/06/2012 Registered Agent Name & Address RODRIGUEZ, EUGENE 59 NW 14TH STREET MIAMI, FL 33136 Name Changed: 03/11/1996 Address Changed: 04/06/2012 Officer/Director Detail Name & Address Title PD RODRIGUEZ, EUGENE 59 N.W. 14TH STREET MIAMI, FL 33136 Annual Reports Report Year Filed Date 2017 03/29/2017 2018 03/18/2018 2019 03/10/2019 Document Imagal 03/10/2019 - ANNUAL REPORT View.mmage mn PDF format 03/18/2018 - ANNUAL REPORT View Image in PDF format 03/2.9/2017 _ ANNUAL REPORT View.fmage in PDF format 03/31/2016 -ANNUAL RFPORT • View image in PDF fOrrnat 03/17/2015- ANNUAL REPORT . View Image in PDF format 03/22/2014- ANNUAL REPORT . View image in PDF format 03/08/2013 - ANNUAL REPORT View image In PDF format 04/08/2012 - ANNUAL REPORT View image in PDF format 03/24/2011 -ANNUAL REPORT View Image in.PDF format 04/07/2010 - ANNUAL REPORT View Image: in PDF format 03/25/2009 - ANNUAL REPORT View image in PDF format 02/03/2008 - ANNUAL REPORT View image in PDF.fomiat 02/07/2007 - ANNUAL REPORT View image in PDF format 04/28/2006 - ANNUALREPORT• View image in.PDF format 04/21/2005 -ANNUAL REPORT . View image in-PDF. format 02/19/2o0m4 -- REINSTATEMENT View image in PDF format 05/20/2002.- ANNUAL REPORT 05/05/2001 -ANNUAL REPORT View image In PDF.format View Image in PDF format 04/26/2000 -ANNUAL REPORT View. image in PDF format 05/10/1999 _ ANNUAL REPORT View image in PDF forrnat 03/25/1998 - ANNUAL REPORT View Image in PDF format 05/19/1967 - ANNUAL REPORT View image in PDF format 03/21/1996 - ANNUAL REPORT View Image in PDF. format . • FIorlda,Department of State, Division of Corporations 5'i%.O rg Previous on List Next on List Return to List No Filing History Fictitious Name Detail Fictitious Name ICE PALACE FILM STUDIOS Filing Information Registration Number G00306900113 Status EXPIRED Filed Date 11/01/2000 Expiration Date 12/31/2005 Current Owners 1 County MIAMI-DADE Total Pages 1 Events Flied NONE FEI/EIN Number NONE Mailing Address C/O BIG TIME EQUIPMENT, INC. 550 WASHINGTON AVE. MIAMI BEACH, FL 33139 Owner Information BIG TIME EQUIPMENT INC. 550 WASHINGTON AVE. MIAMI, FL 33139 FEIIEIN Number: 65-0630025 Document Number: P95000088019 Document Images 11/01/2000 -- REGISTRATION View image in PDF format DIVISION OF CORPORATIONS _pivotal DJ [DI j P Aril an nfrirul lair of /Miulu ►irburr Fictitious Name Search Submit Previous on List Next on List Retum to List No Filing History Florida Department of State, Division of Corporat ons Fictitious Name Search Submit