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HomeMy WebLinkAbout23415AGREEMENT INFORMATION AGREEMENT NUMBER 23415 NAME/TYPE OF AGREEMENT OMNI CRA & ANWA, LLC. DESCRIPTION EMERGENCY BUSINESS GRANT AGREEMENT/BUSINESS DEVELOPMENT IN THE OMNI REDEVELOPMENT AREA/FILE ID: 7932/CRA-R-20-0017/MATTER ID: 21-1558 EFFECTIVE DATE July 21, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/19/2021 DATE RECEIVED FROM ISSUING DEPT. 7/21/2021 NOTE 1415 EMERGENCY BUSINESS GRANT AGREEMENT THIS BUSINESS GRANT AGREEMENT is entered into as ofthei6i-day of.. L. 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 ANWA, LLC. ("GRANTEE") a Florida Limited Liability Company located within the CRA boundaries at is 1756 North Bayshore Drive, Suite #123, Miami, FL 33132, d/b/a "DOGGIE VIP" ("PROPERTY"). RECITALS WHEREAS, the CRA through CRA-R 20-0017, adopted September 24th 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 Page 1 of 13 used for small business economic relief, and as disbursed in the manner hereinafter piovided. 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 *hides 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 arid 18-102 of the Code of the City of Allan* 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 tepotting 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 inarlcup§; 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 Page 2 of 13 grounds for the irrithediate termination of this Agreement by the CRA. REVERSION OF ASSETS. Upon the expiration, terniinatien, 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 ORANT. 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 (s15,000.00) 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 218.14; 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 ($ 1$,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 iptlemnifidation, and to recovery of fees; expenses, and costs shall survive the expiration or earlier termination of this Agreement. REMEDIES FOR NON-COIVTPLIANCE. 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 ior 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; Page 3 of 13 (d) Disallow (that is, deny the use of the Grant for) all or any Part of thecost for the activity or action for the Project not in compliance; (e) Withhold further awards; and (f) Take such other actions and/Or remedies that may be legally perinitted. NON-PISCRIMINATION. 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 perforrnanCe under this Agreement Furtiterinore, 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 Ofthis Agreement by GRANTEE. GRANTEE -covenants, represents and warrants that it will comply with all applicable conflict ofinterest provisions including, but not limited to, the: (a) Code of the City Of Miarni, Florida, Chapter 2, Article V; and (b) Miami -Dade County cede, 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 CLAusg. 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 fluids, and/Or change in regulations. CERTIFICATIONS RELATING TO THE' GRANT. GRANTEE certifies that: (a) All expendintres of the Grant shall be made in accordance with the provisions ofthis 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 Page 4 of 1 maintained on file. (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 ofmedia 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 internet advertisements or postings, or interviews. (d) The CRA shall have the right to approve the forth 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 Page 5 of 13 immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all parnents, 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 termination of this Agreement under this section shall not release GRANTEE from any obligations accruing prior to the effective date of terinination. 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 m this agreement. In no eventshalltEie 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 losSi injury or damage was caused by the gross negligence of the CRA, the City, or their respective officers, employees, agents, representatives, and principals. toISPUTES. 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 Agreethent. The Board's decision shall be deemed final and binding on the parties. Page 6 of 13 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 ofthis 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 tern) 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 doeurnents; 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 &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 Page 7 of 13 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. PUBLIC RECORDS. GRANTEE understands that the public shall have access, at all reasonable times, to all docurnents and information pertaining to the CRA, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there &pm, 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 acCels. GRANTEE's failure or refusal to comply with the provisions of this section shall result in immediate termination of the Agreement by the CRA. Purstiant to the provisions of Section 119.0701, Florida Statines, 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 Page 8 of 13 destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement. 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@MIA1VHGOV.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-DELEGABHITY. 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 Agreerrient, shall be submitted to, the jurisdittion of the State of Florida courts in the Eleventh Judicial Circuit in and for /Viiaini-Dade County, Florida. The venue shall be Miami -Dade County, Florida. Each party shall be responsible for its own attorney'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 inolude the Code of the City of Miami, Florida, as a:Mended. rage 9 of 13 WAIVER OF JURY TRIAL. GRANTEE and the CRA hereby knewingly, 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 with this Agreement, any renewal(s) hereof, any amendment, extension, or modification of this AgreeMerit, 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 aaine 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 (51)1) day after being posted, or the date of actual receipt, whichever is earlier. TO CRA: Qtraii Redevelopment District Community Redevelopment Agency 1401 North Miami Avenue, Miami, FL 33136 Attn: Executive Director To GRANTEE: ANWA, LLC Attn: Wladimir A. DOrta-Saez 1756 North Bayshore Drive, Suite #123 Miami, FL 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. Page 10. of 13 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. 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 Wladimir A. Dorta-Saez 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. Page 11 of 13 [SIGNATURES APPEAR ON THE FOLLOWING PAGE] {Remainder of Page Intentionally Left Blank} Page 12 of 13 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: COMPANY: ANWA, LLC. By: Name: Wladimir A. Dorta-Saez Title: M4nager 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") By: Todd B. Hanncclere Board Jason Walker, .xecutive Director Date: 7/\9 /aoa 1, EXHIBIT A 2. EXHIBIT B 3. EXHIBIT C Update APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: r3a ti a ,L.. 7 e/6/a Victoria endez, General Counsel Matter ID; 21-1558 D.J.G. - OMNI CRA-R-20-0017, adopted September 24, 2020 - GRANTEE APPLICATION - GRANTEE'S Certificate of Corporate Authorization & Corporate Status Page 13 of 13 Exhibit A OMNI CRA-R-20-0017, adopted September 24, 2020 Oftcia website cf t?w City of Mimi:- w eert or mein 111s di Print Thls Pap Log In I Help I Reglshr rSearch oea all - esp. ,wee Miami FL OMNI CRA Resolution CRA-R-20-0017 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 Body/Legislation Sponsors: 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 rCOVID-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 WHEREAS, during March 2020, Florida Govemor 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 activations, 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 minion dollars ($1,000,000,00) to the Program; and - - .WHEREAS; funds are avallable from .page 5, line item 24 of the 2020-2021 CRAPS budget for .the Program; and • WHEREAS, the Executive Director Is 'requesting dlscretionary 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.efglble 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; FLORA:ID 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 S. The Executive Director is autlioriied 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 dlscretlon, 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, rail in forms acceptable to the General :Counsel.- . - Section 5. This Resolution shall become effective imrnedlately upon its -adoption. Meeting History OMNI . Sep 24,Ccintmunity20Z0 9:00 AM Redevelopment Regular Meeting Agency - RESULTe. ADOPTED WITH MODIFICATIONS) [UNANIMOUS) . MOVER: Meriolo:Reyes, Board Member, DIstrlct Four•' • ' • • SECONDER[ , Ken Russell, Board Member, Dlstrlct7Wo . • AYE& Alex plez de'le Port111a, Joe Carollo; Ken Russell; Muncie Reyes, Keon Herdemon Oft Select Language - v. Powered by G'ogle Translate Exhibit B GRANTEE APPLICATION Omni CRA Emergency Business Mici octant ANWA L(,C . SMALL BUSINESS EMERGENCY MICROGRAM APPLICATION Applicants should meet the below criteria: CI locally owned and independently operated O Physically established within the Omni CRA Redevelopment Area (Check if your business address meets eligibility) e/ Be an Eligible Business, including, but not limited to: `a Independent restaurants, (includes full -service, limited service, and cafe establishments) r Hotels/motels ':■ Bar/nightclub !y Small retail ✓ Galleries '■ Hair, beauty, and other personal services (salons / spas, barbers, massage therapist, tattoo, etc.) ■ Cleaning and laundry services to 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) IJ Be open currentlyor have been open before the start of the Emergency Order. Have applied for one or more of the SBA financial products targeted to COVID-19 relief, if eligible aHave SO employees or fewer 114, Affirm a loss of revenue or increased expenditures due to COVID-19 Omni Community Redevelopment Agency -Ales. Dia: de la Ponilla, Chairman • Jason Walker, Executive Director 1401 N Miami Ave., 2,4 Floor, Miami, FL 33136 • www.omnicra.com • 305.679.6868 2 Scanned with CamScanner Q rum i CRA Ernrtrencv Itucinrcc nlinogrant ANwA L L.0 . 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 0 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 el Recipients only use the funding on business location(s) within the Omni CRA redevelopment area IJJ Business may not issue any shareholder dividends for one year after reception of grant e The business is required to remain open for the period of the Emergency, if possible fir/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 1!/ If appropriate, the business may be requested to provide in -kind services to the CRA for redevelopment efforts, at a later date Ornni Cwnrnurnly f1.•d.•velvip.110.1 1 p r•c Ale. U• ,, rJ•• 1.1 r•.;rail, i (rninn,rn J.rsun \Prli+ar, Eu•cutioa Unector 1401 N idr.uni Ave • ! 'riuur, Miaun •I 13136 wwvv._comm.1,; lulu 305.679 61368 3 Scanned with CamScanner Omni C n A Entercenry Alicrogrant ANWA LLC.) _ . ,Contact Name H Wicdifli)1( A.For-Iru- .., Contact Mailing Addrets Lt2.5" NE 12na SA-: 42.Go6 lvtiqmi P-1, SSi STh Contact Telephone ,Contact Email . .! W 1 (la OW 1C1-014-0 Y&100 • COO I. -..,.• , ; Property Owner Name a 0-3-NA i r A • 1 OPILD-- Business Address 11-F6 M. 6cAysl1ore br *(2,3 Wain; i__ 33132, Start of Business Date LI_ 15_, s Employees Jan 1, 2020 4 . Total Retail (Sq. Ft.) ! _. . ....:Remaining 02 2,2sit Employees Ci Description of the business PeA- Groomina isi.,yline3 scdon . Omni Community Redevelopment Agency Alex Diaz de la Portilla, Chain Iran Jason Walker. Executive Director 1401N. Miami Ave., 2. Floor, Miami, Ft 33136 www,o ttttt icra cons • 305.679.61i68 4 Scanned with CamScanner —t_ Qrnni CRA Erne, gvncy (luainr5s Alicrogrant /\ 6 uic LL G Please send application, along with all required documentation below, to uold@miamigov.com. Required documentation: State of Florida business registration with Current Status from the Florida Division of Corporations ef Most recent Annual or Quarterly Balance Sheet or Profit & Loss Statement i Current City of Miami Business Tax Receipt, Local Business Tax Receipt, or proof of payment II Full employee list as of January 31, 2020 Cilf Full employee list as of date of application dCopy of most recent utility bill statement. Q Executed Lease Agreement or Mortgage Statement. 11 W9 Form 0/Completed ACH Form & voided check Omni Community Redevelopment Agency • Alex Diaz de la Portflla, Chairman Jason Walker, E,.ecutive Director 1401 N Miami Ave., 2•d Flom, Miami, FL 33136 www,onmicra.com , 305.679.6068 5 Scanned with CamScanner t' A: a cur, ent bus.i!ats ovotti iO this cOmmuoily-v.110 HssoffeCvO losi of 1 OM: to. thi: covii) fiaocia.roica_OSI Cipsurel. fetuitole theaotiiisi, to pat tic ii)sti±L,ir, triii.,.0A4N1 ir./5111155. MICROGRAUT PROGRAM turiduitarid triat trii application tioiti not imply accEtit;incii toe program arid; dim ;of application tevia,•ittfcth C ftkfor ritailbW appralal.- I acknowleiltp: tiat navLi teceir&d.t, cop v of .the Giant Proirarri Prot viii.116 and will comply:with all rEiltM thouic 1 tie a‘vatOd gram • Lit O.: tier hsvfor (NW . , opu ipr Is g I O• to •• ' • irt'J Scanned with CamScanner Omni cR7i trimicency ittidnoss Microgtant 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 WOW not support redevelopment of the cRA D 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; 0 If the applicant is a charitable institution or non-profit enterprise: .p If the purpose of the grant is to finance the acquisitlon 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 Laik of funds: OFFICE USE ONLY • Date Received: • Omni Comrnunity itedevetopment Agency Ilex Diaz de la Portilla, Chairman • Jason Walker, Executive Director 1A01 N. Miami Ave., i'a Floor. Miainl, FL 33136 • www.orirriicta.eoirt • 305.6794066 Scanned with CamScanner dits tor Omni c*A 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: ANw4' Amount of Grant Approved: * I0 / 61SV Reasons to Award Grant: Date of Application: le1 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 buiidout O Payment of utilities/rent in arrears O Assist general business costs I do hereby 7rove this business as a grant awardee. Jason Wal r, Date Executive Director, Omni CRA Omni Community Redevelopment Agency • Ken Russell, Chairman Jason 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 STATE OF FLORIDA CERTIFICATE OF AUTHORITY ) SS / EIN: 45-5580369 COUNTY OF MIAMI-DADE ) I I-IEREB.Y CERTIFY that a meeting of the members of ANWA, LLC, a Florida Litnited Liability Company (the "Company'), whose mailing address is 1756 North Bayshore Drive; Suite1 3, Mianii, FL 33132 organized and existing under the laws of the State of Florida held , of 2021, the following resolution was duly passed and adtipted: "RESOLVED, The following: 1. ANWA, LLC is the registered owner and operator of a business that is physically located within the boundaries of the Omni CRA at 1756 North Bayshore Drive; Suite #123, Miami, FL 33132, d/b/a "DOGGIE VW'. 2. Wladimir A. Dorta-Saez and Angelica DortP, Managers of ANWA, LLC hereby authorize Wladimir A. Dorta-Saez, Manager to execute all Grant agreement, each made by the Omni RedeveloPMent District Community Redevelopment Agency ("CRA") to ANWA, LLC, and dated on or about the date hereof." I figther 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 conunisiotied) ANWA, a Florida , inn ability Company By: Print • Title By: Print Nan:t0 a Title: 1%lan. ger rta-Saez Sworn to and subscribed before ine this f• day of Is!, 20 21, Wladimir A DOrta-$aezi Manager Of ANWA, LLC, on behalf of said entity who is (. jperin&lY kdow4 by me or 1."--las provided the following identification .1..021bci ItPriV Lccrota . 0 LUIS E. CANAR!O LF 7:1 Notary Public State of Flort“ F 11 Vs a V4,) Commissfon I HH 099302 !! .. My Comm f.xpiTes Mar 2, 202S oneremeWiempliamies . • . ' • (Printed, typed or stamped commissioned Notary Public State of Florida My commission expire§ 1444 er 7I6/24:121 Well by Entity Name DIVISION OF CORPORATIONS Llvlari, I !./ 1:11.11,1J (I(.)''PO1'.L'JIJ()!i:j n. .,f 11.,r,r., , Department of Stale / Division of Corporations / Search Records / Search Emily Name / Detail by Entity Name Florida Limited Liability Company ANWA LLC Filing Information Document Number L12000084192 FEI/EIN Number 45-5580369 Date Filed 06/25/2012 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 03/25/2014 Principl Address 1756 NORTH BAYSHORE DRIVE SUITE 123 MIAMI, FL 33132 Changed: 06/26/2017 Mailing Address 1756 NORTH BAYSHORE DRIVE SUITE 123 MIAMI, FL 33132 Changed: 06/26/2017 Registered Agent Name & Address DORTA-SAEZ, WLADIMIR A 425 NE 22ND STREET 2606 MIAMI, FL 33137 Address Changed: 03/25/2014 Authorizet Person(s) Detail Name & Address Title MGRM DORTA-SAEZ, WLADIMIR A 425 NE 22ND STREET #2606 MIAMI, FL 33137 search sunb¢.ore/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntttyName&dIrectionType=Inittal&searchNatneOrder=ANWA 11200008. 1/2 7/6/2D21 Detail by Entity Name Title MGR DORTA, ANGELICA 1756 NORTH BAYSHORE DRIVE SUITE 123 MIAMI, FL 33132 Annual Reports Report Year 2019 2020 2021 Document Images Filed Date 03/20/2019 01/15/2020 01/08/2021 Q1/08/2021 - ANNUAL REPORT Q1/15/2020 - ANNUAL REPORT Q3/20/2019 - ANNUAL REPORT 03/08/2018 - ANNUAL REPORT 01/13/2017 - ANNUAL REPORT 01/13/2016 - ANNUAL REPORT 01/07/2015 - ANNUAL REPORT Q6/25/2012 - Florida Limited Liability View image in PDF format View linage in PDF format View knage in PDF format View Image in PDF format View image in PDF format View image In PDF format View knsge in PDF format View image in PDF format Flonda Department of State. D vabon 01 Corponbons search.sunbiz.org/Inquiry/CorporatIonSearch/SearrhResultDetail?inquirytype=EntityName&directionType=lnitlal&searchNameOrder--ANWA L1200008... 2/2 7/8/2021 sunbiz.org - Florida Department of State „�EJi J-,.org Previous on List Next on List Return to List Filing History Fictitious Name Detail Fictitious Name DOGGIE VIP Filing Information Registration Number G15000033133 Status ACTIVE Flied Date 04/01/2015 Expiration Date 12/31/2025 Current Owners 1 County MIAMI-DADE Total Pages 2 Events Filed 1 FEUEIN Number 45-5500369 Mailing Address 1756 N BAYSHORE DR SUITE 123 MIAMI, FL 33132 Owner Information DORTA, WLADIMIR A 425 NE 22ND ST APT 2606 MIAMI, FL 33137-519 FEI/EIN Number: NONE Document Number. NONE Document Images 04/01/2015 — Fictitious Name Filing 01/08/2020 — Fictitious Name Renewal Filing DIVISION OF CORPORATIONS !.AV1 1111. of .,f dNrt rat /1.,10h, . r. If. View image in PDF format View Image in PDF format Previous on List Next on List Return to List Filing History Florida Department of State, Division of Corporations Fictitious Name Search C Submit Fictitious Name Search Submit dos.s unbiz.org/scripts/ficidet. exe?action=DETREG&docnum=G 15000033133&rdocnum=G 15000033133