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HomeMy WebLinkAbout26273AGREEMENT INFORMATION AGREEMENT NUMBER 26273 NAME/TYPE OF AGREEMENT OMNI CRA DESCRIPTION MEMORANDUM OF UNDERSTANDING/BUILDOUT & CONSTRUCTION OF THE PUBLIC RIGHT OF WAY IMPROVEMENTS AT NE MIAMI PLACE BETWEEN NE 14 STREET & NE 15 STREET/FILE ID: 18660/R-26-0023/MATTER ID: 25-3802K EFFECTIVE DATE August 28, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/28/2026 DATE RECEIVED FROM ISSUING DEPT. 8/31/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE CITY OF MIAMI AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY This Memorandum of Understanding Agreement (the "Agreement"), made and entered into as of the 7Rth day of A„g„Gt , 2026 (the "Effective Date"), by and between the City of Miami, a municipal corporation of the State of Florida, located at 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and the OMNI Redevelopment District Community Redevelopment Agency (OMNI CRA), whose principal address is 1401 North Miami Ave., 2nd Floor, Miami, FL 33136. RECITALS WHEREAS, the City of Miami ("City") and the Omni Redevelopment District Community Redevelopment Agency ("OMNI CRA") wish to work together on the buildout and construction of the public right of way improvements to include existing sidewalks, replacing curbs, gutters, stormwater, drainage, and paving for the area located on the West side of North East Miami Place, between North East 14th Street and North East 15th street, Miami, Florida ("Project"), as more particularly described in "Exhibit A"; and WHEREAS, the Project includes key community infrastructure improvements that enhance pedestrian safety, improve stormwater management, and support neighborhood connectivity and economic vitality within the OMNI CRA Redevelopment District; and WHEREAS, on December 11, 2025, the Board of Commissioners of the OMNI CRA adopted Resolution No. CRA-R-25-0079, attached and incorporated herein as Exhibit "B," which authorized the allocation in an amount not to exceed One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00) ("Funds") to the City for costs associated with the Project; and WHEREAS, on January 8, 2026 the City adopted Resolution No. R-26-0023, attached and incorporated as Exhibit "C," which authorized the City Manager to execute this Agreement and to accept the Funds for the Project; and WHEREAS, the Funds from the OMNI CRA, will serve as the funding source for a portion of the Project, and shall be used solely for costs associated with the Project; and NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and conditions herein set forth, the parties hereto agree as follows: 1. RECITALS AND INCORPORATIONS — The recitals above all statements contained therein are true and correct and are hereby incorporated as part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this agreement: EXHIBIT A: Project Description EXHIBIT B: CRA Resolution No. CRA-R-25-0079 EXHIBIT C: City Resolution No. R-26-0023 2. ALLOCATION AND TERM — OMNI CRA hereby agrees to make the Funds available to the City, in an amount not to exceed One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00) for costs associated with the Project. Payment of the Funds shall be made no later than thirty (30) days following execution of this Agreement. The City shall provide the OMNI CRA with copies of invoices and payments documenting the use of the Funds in relation to the Project. The term of this Agreement shall commence on the Effective Date and shall terminate upon completion of the Project. Upon completion of the Project, the City shall return to the OMNI CRA any unused Funds no later than thirty (30) days after issuance of certificate of completion for the Project. 3. SCOPE OF SERVICES —The City agrees to complete the Project, as specifically described, under and subject to the special terms and conditions, as set forth in Exhibit "A" hereto. 4. REPORTS — At the OMNI CRA's request, and no later than thirty (30) days thereafter, the City agrees to deliver a written quarterly report relating to the use of the Funds. 5. AUDIT RIGHTS — OMNI CRA shall have the right to conduct audits of the City's records pertaining to the Funds and to visit the Project, in order to conduct its monitoring and evaluation activities. The City agrees to cooperate with OMNI CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. 6. NOTICES —All notices pursuant to this Agreement shall be in writing and sent by certified mail or delivered by personal service to the addresses for each party as indicated below, or as the same may be changed from time to time. To City: With copies to: And: And: To OMNI CRA: James Reyes, City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 Department of Resilience and Public Works City of Miami 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 George K. Wysong III, City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 Carlos Suarez, Executive Director OMNI CRA 1401 North Miami Ave., 2nd Floor Miami, FL 33136 7. 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. 8. ENTIRE AGREEMENT — This Agreement and its Exhibits and attachments constitute the sole and only agreement of the parties hereto relating to the allocation of the Funds, and correctly sets forth the rights, duties, and obligations of the parties. The parties agree that any oral representations or modifications not set forth in this Agreement are of no force or effect. 9. MODIFICATION — This Agreement shall only be modified by written agreement signed by the authorized representatives of all parties. 10. DEFAULT — If any Party fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then that Party shall be in default. Upon the occurrence of a default hereunder, the non -defaulting Parties, in addition to all remedies available by law, may immediately, upon written notice to the defaulting Party, terminate this Agreement. 11. DISPUTE RESOLUTION APPLICABLE LAW —The Parties shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statues, as amended. 12. GOVERNING LAW; VENUE —This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties, in their performance of this Agreement will comply with applicable federal, state, and local laws, ordinances, codes, rules, and regulations. Any action or proceeding in respect of any claim arising out of or related to this Agreement, where in tort or contract or at law or in equity, shall be filed in the state or federal court of Miami -Dade County, Florida. The parties agree that each party shall be responsible for its own attorneys' fees, court costs and any other related fees and costs. 13. PUBLIC RECORDS — The parties acknowledge that the public shall have access, at all reasonable times, to this Agreement and any related documents subject to the provisions of Chapter 119, Florida Statutes, and the Parties agree to allow access by each other and by the public to all documents subject to disclosure under applicable law. 14. JOINT PREPARATION —The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one or more of the Parties and not the others. 15. 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. {{THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK}} IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their r ct§forigAici9ls thereunto duly authorized this the day and year above written. DocuSigned by: E CITY OF MIAMI, FLORIDA, a Municipal Corporation of the State of Florida Signed by: By: tr-6sifi t1 14-6y... By: �e2-2e15-z47-8... Todd Hannon, City Clerk James Reyes, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: Signed by: RisotA,0 111 E9FE&82 k&D... George K Wysong III, City Attorney Signed by: 5-3802K/PMA LIatVtUa 114.. arms E2E13FOA6DOB412... ATTEST: Signed by: DocuSigned by: BY: F4fD_75BBn( tars Todd Hannon, Clerk of the Board APPROVED AS TO LEGAL FORM AND CORRECTNESS: Signed by: {{ Pawu j, N. -t- Lf,t,s By:�£3EB.5.17A1 D5*4i 3... David N. Tolces APPROVED AS TO INSURANCE REQUIREMENTS: By: DocuSigned by: 13#95-F-2 41BO... David Ruiz, Interim Director Risk Management Department OMNI CRA, Signed by: s 9In AGtb S uart"j 6-1-91-46A6.9g1-4-24 ... Carlos I Suarez, Executive Director EXHIBIT A Project Description: The project includes road restoration and reconstruction, sidewalk construction, new parking lane, new curb and/or gutter, pavement markings and signage located on NE Miami Place from NE 14 Street to NE 15 Street. EXHIBIT B Omni C R A OMNI Community Redevelopment Agency Legislation OMNI CRA Resolution: CRA-R-25-0079 OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.omnicra.com File Number: 18636 Final Action Date:12/11/2025 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE OMNI CRA AND THE CITY OF MIAMI ("CITY") FOR THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) ("FUNDS"), TO THE CITY FOR COSTS ASSOCIATED WITH THE BUILDOUT AND CONSTRUCTION OF THE PUBLIC RIGHT OF WAY IMPROVEMENTS TO INCLUDE EXISTING SIDEWALKS, CURBS AND GUTTERS, STORMWATER, DRAINAGE AND PAVING FOR THE AREA LOCATED ON THE WEST SIDE OF NORTH EAST MIAMI PLACE BETWEEN NORTH EAST 14TH STREET AND NORTH EAST 15TH STREET MIAMI FLORIDA, WITHIN THE OMNI CRA'S REDEVELOPMENT AREA ("PROJECT"), PURSUANT TO SECTION 163.370 FLORIDA STATUTES; AUTHORIZING THE ALLOCATION OF FUNDS FROM " OTHER GRANT AND AIDS," ACCOUNT CODE NO. 10040.920501.883000.0000.00000 FOR THE PURPOSE STATED HEREIN; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY, FOR SAID PURPOSE, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL; PROVIDING FOR THE INCORPORATION OF RECITALS AN EFFECTIVE DATE. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("OMNI CRA") is a Community Redevelopment Agency created pursuant to Chapter 163 Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2019 Omni Redevelopment Plan (the "Plan"); and WHEREAS, OMNI CRA is committed to preserving history and culture, and improving the quality of life for those who reside in, visit, work in, or spend time within its neighborhoods; and WHEREAS, Section 163.335 Florida Statutes, the Community Redevelopment Act of 1969 (the "Act") states that the existence of slum and blighted areas greatly contributes to the spread of crime, thereby negatively affecting the community; and WHEREAS, Section 163.340(9) of the Act, defines "community redevelopment" or "redevelopment" as undertakings, activities, or projects by a county, municipality, or community redevelopment agency within a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the reduction or prevention of crime; and City of Miami Page 1 of 2 File ID: 18636 (Revision: A) Printed On: 7/16/2026 File ID: 18636 Enactment Number: CRA-R-25-0079 WHEREAS, pursuant to Section 163.370 Florida Statutes, the City of Miami ("City") and the OMNI CRA wish to work together for the buildout and construction of the public right of way improvements to include existing sidewalks, replacing curbs, gutters, stormwater, drainage, and paving for the area located on the West side of North East Miami Place, between North East 14th Street and North East 15th street, within the OMNI CRA Redevelopment Area ("Project"); and WHEREAS, the Executive Director is requesting authority from the Board of Commissioners to negotiate and execute a Memorandum of Understanding ("MOU") with the City in order to allocate funds in the amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) ("Fund") for the Project; and WHEREAS, the Executive Director seeks authority to negotiate and execute any and all other necessary documents, all in a form acceptable to the General Counsel, for the purpose stated herein; and WHEREAS, the Board of Commissioners finds that the adoption of this Resolution would further the redevelopment objectives set forth in the Plan; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is hereby authorized to negotiate and execute an MOU between the OMNI CRA and the City for the allocation of funds for the Project. Section 3. The allocation of funds in an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) to the City for the buildout and construction of the public right of way improvements to include existing sidewalks, replacing curbs, gutters, stormwater, drainage, and paving for the area located on the West side of North East Miami Place, between North East 14th Street and North East 15th street within the OMNI CRA's redevelopment area, pursuant to Section 163.370 Florida Statutes, is hereby authorized. Section 4. The Executive Director is hereby authorized to negotiate and execute any and all other necessary documents for said purpose, all in a form acceptable to the General Counsel. Section 5. The Funds are to be allocated from the " Other Grant and Aids" 10040.920501.883000.0000.00000 to the City for the Project. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: rge-.Wy ty ttor -y 12/19/2025 City of Miami Page 2 of 2 File ID: 18636 (Revision: A) Printed on: 7/16/2026 EXHIBIT C City of Miami Resolution R-26-0023 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18660 Final Action Date: 1/8/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE FUNDS FROM OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) ("FUNDS"), PURSUANT TO THE OMNI CRA'S REDEVELOPMENT PLAN, FOR COST ASSOCIATED WITH THE BUILDOUT AND CONSTRUCTION OF THE PUBLIC RIGHT OF WAY IMPROVEMENTS TO INCLUDE EXISTING SIDEWALKS, CURBS AND GUTTERS, STORMWATER, DRAINAGE AND PAVING FOR THE AREA LOCATED ON THE WEST SIDE OF NORTH EAST MIAMI PLACE BETWEEN NORTH EAST 14TH STREET AND NORTH EAST 15TH STREET MIAMI FLORIDA, ("PROJECT"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE OMNI CRA AND THE CITY OF MIAMI ("CITY"), INCLUDING ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Damian Pardo SPONSOR(S): Commissioner Damian Pardo WHEREAS, the City of Miami ("City") and the Omni Redevelopment District Community Redevelopment Agency ("OMNI CRA") wish to work together on the the buildout and construction of the public right of way improvements to include existing sidewalks, replacing curbs, gutters, stormwater, drainage, and paving for the area located on the West side of North East Miami Place, between North East 14th Street and North East 15th street, Miami, Florida ("Project"); and WHEREAS, the Project includes key community infrastructure improvements that enhance pedestrian safety, improve stormwater management, and support neighborhood connectivity and economic vitality within the OMNI CRA Redevelopment District; and WHEREAS, on December 11, 2025, the Board of Commissioners of the OMNI CRA adopted Resolution No. CRA-R-25-0079, which authorized the allocation in an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) ("Funds") to the City for costs associated with the Project; and WHEREAS, it is in the best interest of the City to accept the OMNI CRA contribution and allocate the Funds for the Project, in order to advance the development of this public infrastructure initiative; and City of Miami Page 1 of 2 File ID: 18660 (Revision:) Printed On: 8/4/2026 File ID: 18660 Enactment Number: R-26-0023 WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute a Memorandum of Understanding ("MOU"), including any and all other necessary documents, all in a form acceptable to the City Attorney, with the OMNI CRA in order to allocate the Funds for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to accept , budget, allocate, and appropriate funding from the OMNI CRA in an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00), to be utilized solely for the Project. Section 3. The City Manager is authorized' to negotiate and execute an MOU between the City and the OMNI CRA, including any and all necessary documents, in a form acceptable to the City Attorney, to effectuate the acceptance and administration of said Funds. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: rge = . Wy y ng III, C ty ttor -y 12/29/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including, but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 18660 (Revision:) Printed on: 8/4/2026 Olivera, Rosemary From: De Los Santos, Jesly Sent: Monday, August 31, 2026 9:40 AM To: Hannon, Todd Cc: Olivera, Rosemary; Ewan, Nicole; Suarez, Carlos I; Berrios, Ivonne; Cabrisas, Kathryn Subject: Fw: Completed: Memorandum of Understanding (MOU) - NE Miami Place Sidewalk Replacement Attachments: Memorandum of Understanding (MOU) - NE Miami Place Sidewalk Replacement - Fully Executed.pdf Good morning, Please find enclosed a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Best regards, Omni CRA Jesly De Los Santos Executive Assistant Omni Community Redevelopment Agency 50 Northwest 14th Street Miami, FL 33136 (305) 679-6856 jdelossantos@miamigov.com Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail may contain legally privileged and confidential information. 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