HomeMy WebLinkAbout23394AGREEMENT INFORMATION
AGREEMENT NUMBER
23394
NAME/TYPE OF AGREEMENT
OMNI CRA & CDM DOWNTOWN, LLC
DESCRIPTION
EMERGENCY BUSINESS GRANT AGREEMENT/BUSINESS
DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA/FILE
ID: 7932/CRA-R-20-0017/MATTER ID: 21-1358
EFFECTIVE DATE
June 25, 2021
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/25/2021
DATE RECEIVED FROM ISSUING
DEPT.
6/29/2021
NOTE
EMERGENCY BUSINESS GRANT AGREEMENT
THIS BUSINESS GRANT AGREEMENT is entered into as of the day of. J , 2021
by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY
REDEVELOPMENT AGENCY, 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 CDM Downtown, LLC ("GRANTEE") a Florida Limited Liability Company located
within the CRA boundaries at 1311 NE 1st Ave. Miami, FL 33132 ("PROPERTY").
RECITALS
WHEREAS, the CRA through CRA-R-20-0017, adopted September 24s' 2020, by the Board of
Commissioners of the CRA, attached and incorporated as Exhibit "A" ("Authorizing Resolution"), has
authorized an Emergency Relief Micro 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, at his discretion, upon
presentation of invoices and satisfactory documentation to qualifying businesses; and
WHEREAS, GRANTEE submitted a grant application and proposals directly to the CRA
requesting funds in the not to exceed amount of Fifteen Thousand Dollars ($15,000.00) to provide
relief from Economic Distress ("Grant") 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 agrees to make available to the GRANTEE the Grant to be
used for small business economic relief, and as disbursed in the manner hereinafter provided.
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USE OF GRANT. The Grant shall be used by GRANTEE as follows: to aid in small business
economic relief, as described in Composite Exhibit "B", attached and incorporated herein by this
reference, which includes GRANTEE's 2020 Emergency Business 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. 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 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 with regard to 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 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 business; 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.
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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.
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, or directly to grantee in an amount not to exceed Fifteen
Thousand Dollars ($15,000.00) in Grant funds. Payments will be made only after GRANTEE has
submitted to the CRA such 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 as acceptable.
Grant funds shall not 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 Fifteen Thousand Dollars ($15,000.00) 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, or such more severe
enforcement actions as the CRA determines is necessary or appropriate;
(b) Recover payments made to GRANTEE;
(c) Wholly or partially suspend or terminate the current Grant Program Funds awarded to GRANTEE;
(d) Disallow (that is, deny the use of the Grant for) all or any part of the cost for the activity or action
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for the Project not in compliance;
(e) Withhold further awards; and
(f) Take such other actions and/or remedies that may be legally permitted.
NON-DISCRIMINATION. 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.
ASSIGNMENT. This Agreement shall not be assigned by GRANTEE, in whole or in part
without the prior written consent of the CRA, which may be withheld or conditioned, in the CRA's sole
discretion.
CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of
funds and continued authorization for grant 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 in accordance with the provisions of this Agreement.
(b) Reasonable accounting records shall be maintained by GRANTEE.
(c) The expenditures of the Grant shall be properly documented and such documentation shall be
maintained on file.
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(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.
(f) GRANTEE shall be liable to the CRA for any amount of the Grant expended in a manner
inconsistent with helping the small business.
MARKETING.
(a) GRANTEE shall consult with and receive approval from 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
business 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 business, in all forms of media and communications
created by GRANTEE in relation to this Agreement and/or the business, 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 intemet 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
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be immediately returned to the CRA. GRANTEE understands and agrees that 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 this 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 costs not to exceed the amount of Grant funding authorized in this
agreement. 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 attomeys, investigators and
experts) in connection with lossof 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 CRA and GRANTEE as to the terms and
conditions of this Agreement, 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.
CONSTRUCTION. Should the provisions of this Agreement require judicial or arbitral
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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 of 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 govern.
WAIVER. No waiver or breach of any provision of this Agreement shall constitute a 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
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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.
PUBLIC RECORDS. GRANTEE understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to the CRA, subject to the provisions 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.
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E. All records stored electronically must be provided to the CRA in a format compatible
with the information technology systems of the public agency.
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@NIIAMIGOV.COM, AND 1401 NORTH
MIAMI AVENUE, MIAMI, FLORIDA 33136.
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 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, 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 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, or arising out of, under, or in connection
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with this Agreement, 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 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
(5th) day after being posted, or the date of actual receipt, whichever is earlier.
To CRA:
Omni Redevelopment District Community Redevelopment Agency
1401 North Miami Avenue, Miami, FL 33136
Attn: Executive Director
To GRANTEE:
Attn: Jose M. Santa
1311 NE 1st Ave.
Miami, Florida, 33132
INDEPENDENT CONTRACTOR. GRANTEE, its contractors, subcontractors, employees,
and agents shall be deemed to be independent contractors, and not agents or employees of the CRA or
City, and shall not attain any rights or benefits under the civil service or pension programs of the CRA
or City, or any rights generally afforded its employees; further, they shall not be deemed entitled to
Florida Workers' Compensation benefits as employees of the CRA or City.
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
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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.
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.
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 and its attachments constitutes the sole and entire
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. 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 Jose M. Santa in accordance with GRANTEE's corporate
authorization, attached and incorporated as Composite Exhibit "C", which includes GRANTEE's
Corporate Status Update.
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}
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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: COMPANY: CDM Downtown, LLC
By: 7/ Ai .'& £f,4/1.4.-
By: kae, 5Zfl
Name: Marisole Rivera Name: Jose M. Santa
ATTEST:
Title: Authorized Member
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 ("CRA")
Todd B. I3annonTClerk of the Board Jason Wall4 r, Executive Director
Date: CD �5 leD.be),1
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
By:
e5a6 L. e 6 e
Victoria ndez, General Counsel
Matter 21-1358 J .
1. EXHIBIT A - OMNI CRA-R-20-0017, adopted September 24, 2020 Emergency Business Grant
2. EXHIBIT B - GRANTEE APPLICATION
3. EXHIBIT C - GRANTEE'S Certificate of Corporate Authorization & Corporate Status
Update
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Exhibit A
OMNI CRA-R 20-0017, adopted September 24, 2020
6/10/2021 CRA-R-20-0017 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY...
Miami
FL
OMNI CRA Resolution
CRA-R-20-0017
MO p ED WITH
CATIONS
SeP24, 2020g• qM
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT
DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") CREATING AN EMERGENCY
RELIEF MICROGRANT PROGRAM ("PROGRAM") TO PROVIDE RELIEF FROM ECONOMIC
DISTRESS FOR SMALL BUSINESSES IN THE OMNI REDEVELOPMENT AREA AFFECTED BY
VARIOUS FACTORS INCLUDING BUT NOT LIMITED TO THE COVID-19 PANDEMIC
("PANDEMIC"); ALLOCATING ONE MILLION DOLLARS ($1,000,000.00) FROM PAGE 5,
LINE ITEM 24 OF THE 2020-2021 OMNI CRA BUDGET FOR THE PROGRAM; ALLOWING AND
AUTHORIZING THE DISBURSEMENT OF FUNDS, SUBJECT TO THE EXECUTIVE DIRECTOR'S
DISCRETION, TO ELIGIBLE BUSINESSES IN AN AMOUNT NOT TO EXCEED TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) PER BUSINESS UPON THE PROVISION OF
SATISFACTORY DOCUMENTATION FOR THE PURPOSES STATED HEREIN.
Information
Department: OMNI Community
Redevelopment Agency
Category: Grant
Attachments
Agenda Summary and Legislation
7932 COVID-19 Emergency Grant 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 Area; and
WHEREAS, on March 11, 2020, the World Health Organization declared the Coronavirus
Disease 2019 ("COVID-19") a pandemic; and
WHEREAS, the City of Miami ("City") declared a State of Local Emergency on March 12,
2020 resulting in the closure of non -essential businesses and stay at home orders; and
httpsilmlamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=7932&highlightTerms=CRA-R-20-00178Print=Yes 1/3
6/10/2021 CRA-R-20-0017 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY...
WHEREAS, during March 2020, Florida Governor Ron DeSantis entered several Executive
Orders restricting non -essential local businesses within the City and the Area, restrictions specifically
affecting numerous retail and food service establishments; and
WHEREAS, the CRA has previously engaged in an extensive campaign to foster walkable
ground -floor activafions, particularly focusing on retail, restaurants, and other businesses which have
been heavily impacted by restrictions related to the Pandemic; and
WHEREAS, these businesses are vital to the healthy redevelopment of the Area; and
WHEREAS, the Board of Commissioners wishes to create a grant program to provide
assistance and relief to affected small businesses in the Area ("Program"); and
WHEREAS, the Board of Commissioners wishes to allocate one million dollars
($1,000,000.00) to the Program; and
WHEREAS, funds are available from page 5, line item 24 of the 2020-2021 CRA's budget for
the Program; and
WHEREAS, the Executive Director is requesting discretionary authority to disburse funds
from the Program to eligible small businesses within the Area upon presentation of satisfactory
documentation without the need for further approval from the Board of Commissioners; and
WHEREAS, each eligible small business entity shall receive an amount not to exceed twenty-
five thousand dollars ($25,000.00) from the Program;
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 one million dollars
($1,000,000.00) allocated from page 5, line item 24 of the 2020-2021 CRA budget.
Section 3. The Executive Director is authorized to disburse funds to eligible small businesses,
either directly, on a reimbursement basis, or directly to vendors, upon presentation of invoices and
satisfactory documentation, solely within his discretion, in an amount not to exceed twenty five
thousand dollars ($25,000.00) per business from the Program.
Section 4. The Executive Director is authorized to negotiate and execute any and all
documents necessary to effectuate the Program, MI in forms acceptable to the General Counsel
Section 5. This Resolution shall become effective immediately upon its adoption.
Meeting History
OMNI ' *Draft
Sep 24, 2020 9:00 AM C°IninurlitY R I ' egu ar Meeting
Redevelopment
A9encY
RESULT: ADOPTED WITH MODIFICATION(S) [UNANIMOUS]
MOVER: Manolo Reyes, Board Member, District Four
htips://miamifilim2.comfatizens/Datall_LegiFile.aspx?10=793284highlightTerms=CRA-R-20-00178Print=Yes 2/3
6/10/2021 CRA-R-20-0017 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY...
SECONDER: Ken Russell, Board Member, District Two
AYES: Alex Diaz de la Portilla, Joe Carollo, Ken Russell, Manolo Reyes, Keon Hardemon
hops:/lmiamifl.Igm2.00m/CitIzens/Detall LegIFIle.aspx?ID=7932&hIghlightTerms=CRA-R-20-0017&Print=Yes 3/3
Exhibit B
GRANTEE APPLICATION
Omni
CRA
Emergency Business Microgrant
BUSINESS NAME
Crossfit Downtown Miami
SMALL BUSINESS EMERGENCY MICROGRANT APPLICATION
Applicants must meet the below criteria:
O Locally owned and independently operated
O Physically established within the Omni CRA Redevelopment Area
eck if your business address meets eligibility)
O Be an Eligible Business, including, but not limited to:
■ Independent restaurants, (includes full -service, limited service, and cafe establishments)
■ Hotels/motels
• Bar/nightclub
■ Small retail
• Galleries
• Hair, beauty, and other personal services (salons / spas, barbers, massage therapist, tattoo, etc.)
• Cleaning and laundry services
■ Fitness centers and gyms
• Personal care services (child/daycare, disabled, & elderly care services, funeral services, etc.)
■ Event spaces & services (event planners, caterers & staffing agencies, coworking spaces)
O Been opened and operational for a minimum of one year
O Have applied for one or more of the SBA financial products targeted to COVID-19 relief, if
eligible
O Have 50 employees or fewer
O Affirm a Toss of revenue due to COVID-19
Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chairman Jason Walker, Executive Director
1401 N. Miami Ave., 2^d Floor, Miami, FL 33136 • www.omnicra.com 305.679.6868
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Omni
CRA
Emergency Business Microgrant
BUSINESS NAME
Crossfit Downtown Miami
To receive funding through this program, each business will be required to clearly articulate a plan for
utilizing CRA funds for an eligible use.
The grant award can be used for the following:
O Commercial Lease payments with documentation of attempted deferral of lease payments.
O Commercial Mortgage and high interest loan payments with documentation of attempted
deferral of repayment.
O Employee Salary and Benefits and funding existing Payroll or rehiring of staff which were laid off
or furloughed due to COVID-19 quarantines
O Other Sales, General, and Administrative expenses (SGA) deemed critical for business operations
O New equipment needed to assist the business to a temporary digital or takeout transition (e.g.
webcams for virtual trainings, software licensing for videoconferencing, etc.)
O Utility payments
Further stipulations of the Grant
O Recipients only use the funding on business location(s) within the Omni CRA redevelopment
area
O Business may not issue any shareholder dividends for one year after reception of grant
O The business is required to remain open for the period of the Emergency, if possible
O The recipient of the grant must keep detailed records of the use of the funding, which shall be
mailed to the CRA at the end of the loan period
O If appropriate the business may be requested to provide in -kind services to the CRA for
redevelopment efforts, at a later date
Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chairman Jason Walker, Executive Director
1401 N. Miami Ave ; 2n° Floor, Miami, FL 33136 • www.omnicra.com • 305.679.6868
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Omni
C R A
Emergency Busines. Microgr2nt
BUSINESS NAME
Crossfit Downtown Miami
CONTACT INFO
Contact Name
Jose Santa
Contact Mailing Address
11810 West Biscayne Canal Rd Miami, FL 33161
Contact Telephone
305-915-0358
Contact Email
josesanta73@gmail.com
BUSINESS INFO
Property Owner Name
Crossfit Downtown Miami
Business Address
1311 NE 1st Ave
Miami, FL 33132
Start of Business Date
10/2011
Employees Jan 1, 2020
6
Total Retail (Sq. Ft.)
5'098
Remaining Employees
Description of the business
Crossfit Gym
Omni Community Redevelopment Agency • Alex Diaz de la Portilla, Chairman - Jason Walker, Executive Director
1401 N. Miami Ave., 2nd Floor, Miami, FL 33136 www.omnicra.com 305.679.6868
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Omni
CIA
Frnergency Business Mirrogrant
BUSINESS NAME
Crossfit Downtown Miami
Please return this completed application and any required documentation to aold@miamigov.com.
Required documentation:
O State of Florida business registration with Current Status from the Florida Division of
Corporations
O Most recent Annual or Quarterly Balance Sheet or Profit & Loss Statement
O Current City of Miami Business Tax Receipt
O Full employee list (as of January 31, 2020 and date of application)
O Copy of most recent Utility Bill statement or current General Liability Insurance Policy.
O W-9
O Completed ACH Form
Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chairman Jason Walker, Executive Director
1401 N. Miami Ave., 2nd Floor, Miami, FL 33136 • www.omnicra.com • 305.679.6868
5
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lei VP
Omni
CRA
Emergency Business Microgrant
BUSINESS NAME
Crossfit Downtown Miami
GRANT NARRATIVE (clearly articulate a plan for utilizing grant funds for an eligible use)
Due to being closed from March until June we fell behing on our rent. We need to pay
our landlord $24,000 for those months we were closed and not generating money.
This is our main concern and priority.
As a current business owner in this community who has suffered a Toss of revenue due to the COVID-
19 pandemic, and closures resulting thereof, I wish to participate in the OMNI CRA EMERGENCY
BUSINESS MICROGRANT PROGRAM. I understand that this application does not imply acceptance in
the program and, that my application is reviewed by the CRA for possible approval. 1 acknowledge
that I have received a copy of the Grant Program Procedures and will comply with all requirements
should I be awarded a grant.
Signature / Print Name for Business Owner Name Date
5a,sta. 11/16/2020
Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chairman Jason Walker, Executive Director
1401 N. Miami Ave., 2^d Floor, Miami, FL 33136 • www.omnicra.com • 305.679.6868
6
Omni
C R A
Emergency Business Microgrant
BUSINESS NAME
Crossfit Downtown Miami
Applications will may be disqualified for approval for the following reasons:
O Applicant did not provide documentation demonstrating that the eligibility criteria have been
met.
O Grant would not support redevelopment of the CRA
O The business is not located in the Omni CRA Redevelopment Area.
O The grant will provide funds for speculation in any kind of property, real or personal, tangible or
intangible;
O If the applicant is a charitable institution or non-profit enterprise:
O If the purpose of the grant is to finance the acquisition of real property or land.
O If the Applicant and/or its principals are in debt to the City of Miami.
O If the Applicant and/or business owner have been debarred from doing business with federal,
state, county or local government.
O Lack of funds.
OFFICE USE ONLY
Date Received: 11 I (f Zo2I
proved /
Denied
Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chairman Jason Walker, Executive Director
1401 N. Miami Ave., 2n0 Floor, Miami, FL 33136 • www.omnicra.com 305.679.6868
7
Omni
CRA
Emergency Business Microgrant Award Criteria
The Omni CRA's mission to prevent conditions giving rise to slum and blight, to reduce crime, and to improve the quality of life
for residents and visitors to the Redevelopment Area, makes the Business Improvement Grant Program an important tool in
improving the district. Grants are generally awarded on a rolling basis as funding permits and the program is renewed each
fiscal year.
Omni CRA's Emergency Business Microgrant Applications are reviewed by CRA staff and recommended to the Executive
Director for award based on a set of criteria, including but not limited to neighborhood of the business, specific commercial
corridor of business, ownership of the property, historical track record of the business owners, employment projections and/or
track record of the business, ability for business to attract visitors to the neighborhood, long term vision and connection to the
neighborhood, ability of business to serve unmet needs of residents and stakeholders in the neighborhood, activation of
underutilized spaces throughout the neighborhood, previous grants awarded to and projected aesthetic or street level
improvements, as well as how impacted the business has been by the emergency closures and changes in economy due to the
Emergency.
Each project application is judged by the Executive Director on its individual merits, and how it fits into the CRA's dynamic
vision for improvement of the neighborhood.
Name of Business: 405&11 L v‘/✓liDWV\ Date of Application:
Amount of Grant Approved: 4 t5,657)
Reasons to Award Grant:
O Grant would support redevelopment of the CRA
O Secure previous investment by CRA
O Ensure important local business
O Employment retention or rehiring
O Business networking/online improvements
O Physical buildout
O Payment of utilities/rent in arrears
O Assist general business costs
I do hereby approve this business a grant awardee.
Jason Walker,
Executive Director, Omni CRA
Date
Omni Community Redevelopment Agency - Ken Russell, Chairman lasor Walker, Executive Director
1401 N. Miami Ave. Miami, Ft 33136 www.omnicra.com 305.679.6868
Exhibit C
GRANTEE'S Certificate of Corporate Authorization
And
Corporate Status Update
CERTIFICATE OF AUTHORITY
STATE OF FLORIDA
• SS / EIN: 46-5288130
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that a meeting of the members of CDM Downtown, LLC; Florida Limited Liability
Company (the "Company') ; whose Mailing address is 1311 NE I!! Ave. Miami, FL 33132 organized and existing
under the laws of the State Of Florida held on t ofJUne 2021, the following resolution was duly passed and
adopted: •
"RESOLVED, the following:
1. that, Jose M. Santa, Marisole Rivera, and Tomas H. Rivera, authorized members Of CDM Downtown, LLC,
hereby authorizes Jose M. Santa, authorized member to *cute all Grant agreement, each made by the Omni
Redevelopment District Community Redevelopment Agency ("CRA") to CDM DOwniown, LLC, and dated
on or 'about the date hereof." •
•
. .
2. CDIVI Downtown, LLC is the registered owner and operator of a business that is physically located with the
boundaries of the Omni CRA at 1311 NE :Pi Ave. Miami, FL 33132, DBA "Crossfit Downtown Minna:"
1 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)
CDM Downtown, LLC.
a Florida Limited Liability Company
By :
Print fm Jose M. Santa
title: Authorized Member
By: Wiadu.2.612,
Print Name: Marisole Rivera
Title: Authorized Member
„
By: /Oht4041,
Print Name: Tomas IL Rivera
Title; Authorized Member
Swom to and subscribed before me this 10 day of qtu!led 2021; Jose M. Santa, Authorized Member of.
CDM Downtown, LLC.; on behalf Of said entity who is ( ) personally knowme or X has provided the
,
followingidentification ,D.?91 1.4e/A/1,5&
- -• FRANCES LLOP-NOY
sNotri Public -State of floricia
• Commission GG 905980
My: Commission Eipirels
........ August 21; 2023
(Printed, typed or stamped commissioned
No I? lc St: :of Florida
My commission expirCs S
DIVISION OF CORPORATIONS
/ l,JMYIr10!I0]
;%org (r.)?;Jo Jj'f'r(ji
ua wb: , /r..rnhr 1
Department of Stats / Division of Corterations / Search Records 1 Mmillanfilylismo /
.. II
Detail by Entity Name
Florida Limited Liability Company
CDM DOWNTOWN, LLC
Filing Information
Document Number L14000050520
FEI/EIN Number 46-5288130
Date Filed 03/24/2014
State FL
Status ACTIVE
Last Event LC AMENDMENT
Event Date Filed 02/06/2019
Event Effective Date 10/03/2016
Principal Address
1311 NE 1st AVE
MIAMI, FL 33132
Changed: 04/26/2020
Mailing Address
1311 NE 1st AVE
MIAMI, FL 33132
Changed: 04/26/2020
ggistered Agent Name,/ Address
SANTA, JOSE M.
1311 NE 1st AVE
MIAMI, FL 33132
Name Changed: 04/26/2020
Address Changed: 04/26/2020
Authorized Person(s) Detall
Name & Address
Title AMBR
RIVERA, MARISOLE
1311 NE 1st AVE
MIAMI, FL 33132
Title AMBR
RIVERA, TOMAS H.
1311 NE 1st AVE
MIAMI, FL 33132
Title AMBR
SANTA, JOSE M.
1311 NE 1st AVE
MIAMI, FL 33132
Annual Reports
Report Year
2019
2020
2021
Document Imago
Filed Date
05/01/2019
04/26/2020
04/26/2021
94/26/2021— ANNUAL REPORT
94/26/2020 — ANNUAL REPORT
Q6/28/2019 — AMENDED ANNUAL REPORT
05/01/2019 — ANNUAL REPORT
02/06/2019 — J Amendment
Q5/162018 — LC Name Change
94/30/2018 — ANNUAL REPORT
Q$t03/2017 — ANNUAL REPORT
10/03/2016 — REINSTATEMENT
92/23/2015 — ANNUAL REPORT
9324/2014 — Florida Limited Liability
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Honda Department of Stele. Dols on o1 Corporat oos
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