CRA RESOLUTION NO i!l._

Transcription

1 CRA RESOLUTION NO i!l._ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND THE TAMPA HISTORIC STREETCAR, INC. FOR A ONE-TIME REQUEST FOR AN ADDITIONAL FY2018 ALLOTMENT OF $50,000 EACH FROM THE CHANNEL DISTRICT, DOWNTOWN AND YBOR CRA IN ORDER TO IMPROVE SERVICE AND RAISE AWARENESS OF THE MULTIMODAL TRANSPORTATION OPTIONS FOR GETTING AROUND THE URBAN AREAS OF TAMPA; AUTHORIZING EXECUTION BY THE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TAMPA; PROVIDING AN EFFECTIVE DATE. WHEREAS, to continue to provide the economic redevelopment of the Downtown/Channel District/Ybor areas of the City of Tampa, Florida, the City, the Agency, and the Tampa Historic Streetcar, Inc., wish to enter into an Agreement in which the City will coordinate with the Agency and the Streetcar, to provide a convenient mode of transportation for residents, workers and visitors, who travel between and within the Downtown, Channel District and Ybor Community Redevelopment Areas, hereinafter referred to as the "Downtown/Channel DistrictNbor Streetcar Program"; and WHEREAS, the Agency will provide a portion of the Tax Increment that is collected in the Downtown, Channel District and Ybor CRA Areas, to fund this transportation option; and WHEREAS, it is in the best interest of the City, the Agency, the Partnership, and the citizens of the City of Tampa, Florida that this Agreement be implemented; NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OFT AMPA, FLORIDA, THAT: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. The Community Redevelopment Agency of the City of Tampa shall pay the City of Tampa according to the frequency outlined in the Agreement attached hereto. Section 3. The Agreement between the Community Redevelopment Agency of the Tampa Historic Streetcar, Inc, a copy of which is attached hereto and by reference made a part hereof, is hereby approved in its entirety. ATIES,T= ~ /} ~-~~ PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: EIS JORGE MARTIN SENIOR ASSISTANT CITY ATTORNEY COMMUNITY REDEVELOPMENT AGENCY

2 CITY OF TAMPA Bob Buckhorn, Mayor Economic Opportunity & Urban Development Bob McDonaugh, Administrator Rob Rosner, RLA MPA- Urban Development Manager MEMORANDUM To: From: Through: Date: Subject: The Honorable Chairman and Members of the Tampa City Council Rob Rosner, RLA MPA FRA-RA & Courtney Orr Bob McDonaugh September 5, 2017 Streetcar Allotment for Additional Service in Downtown, Channel District & Ybor The TECO Streetcar System receives an annual allotment of $150,000 from each of the CRA Districts it services: Downtown, Channel District, & Ybor. Members of the Streetcar Board presented a one-time request for an additional $50,000 from each of the CRA District in order to improve service and raise awareness of the multimodal transportation options for getting around the urban areas of Tampa. The Downtown CAC recommended approval at the August meeting. The Channel District recommended approval at the August Meeting. YCDC recommended approval at their August Meeting. Attachment: TECO Streetcar Presentation 306 East Jackson Street, 2N Tampa, Florida (813) FAX: (813) Q"arnpaEiav

3 TAMP A IDS TO RIC STREETCAR AGREEMENT THIS AGREEMENT made and entered into as of the _th day of September, 2017, by and between the CITY OF TAMP A, a Florida municipal corporation, having its main office at 315 E. Kennedy Boulevard, Tampa, Florida (hereinafter called "City"), and Tampa Historic Streetcar, Inc., a Florida nonprofit corporation, or its assigns (hereinafter called the "Agency"), having its main office at 1201 East 7th Avenue, Tampa, Florida ARTICLE ONE SCOPE OF SERVICES 1.1 Work Program. During the term of this Agreement, the Agency shall provide in Downtown, Channel District and Ybor the enhanced services for FY2018 as described in the TECO Streetcar Presentation and Budget (Exhibit "A"), copies of which are attached hereto, and by reference made part hereof, which include enhanced transportation circulation and administration thereof. The Streetcar shall in good faith provide the services described herein in such a fashion that all residents, workers, and visitors of the before named CRA areas will benefit by the provision of such services. 1.2 Progress and Financial Reports; Coordination. The Agency shall provide quarterly progress reports to the City no later than thirty (30) days following the end of each quarter. Such reports shall include quantitative information as well as narrative material. In addition, the Agency shall coordinate and consult with staff from the appropriate City departments, as designated by the Mayor. 1.3 Subcontracts. The Agency may subcontract for any or all of the services provided for herein; provided that the terms of any services subcontracted hereunder by the Agency shall be specified by written contract and shall be subject to the provisions of this Agreement. ARTICLE TWO COMPENSATION AND PAYMENTS 2.1 Compensation. The City shall pay to the Agency, and the Agency shall accept a one-time increase as compensation for its services under this Agreement, a fee not to exceed an amount equal to the agreed upon sum of no more than $50,000 for FY2018, making the total payment $150,000 under this agreement from each of the following: $50, Downtown CRA $50, Channel District CRA $50, Ybor CRA 2.2 Payments. Subject to Section 2.1 of this Article Two, payments by the City shall be made as follows: (a) The Agency shall place the funds paid by the City pursuant to this Section 2.2 in the Fund from which the Agency shall make disbursements to itself for the provision of the services provided in 1

4 this Agreement. (b) On a quarterly basis, the Agency shall request the City for reimbursement by submitting to the City an invoice for the prior quarter, accompanied by copies of original receipts, describing the services rendered by the Agency pursuant to this Agreement. ( c) As promptly as is practicable after the City receives said invoice and sufficient revenues from the CRA to cover the amount of said invoice, the City, subject to its review and approval, the provisions hereof, and applicable law, shall make payment on said invoice to the Agency. ( d) The City shall notify the Agency when it has disbursed all agreed upon funds. ( e) In the event this Agreement is terminated for cause by the City as provided in this Agreement, the Agency shall immediately remit any balance in the Fund to the City. 2.3 Accounting. The Agency shall maintain such records and accounts as are deemed necessary by the City to assure a proper accounting for all City funds. The aforesaid records shall be made available for audit or inspection purposes at any time during normal business hours and as often as the City may deem necessary. The Agency shall retain for such inspection all -of its records and supporting documentation applicable to this Agreement for five ( 5) years from the date of the termination of this Agreement. 2.4 Other Funding Sources. Nothing herein contained shall preclude the Agency from seeking and obtaining funding from other sources, including but not limited to the City, Hillsborough County, the Port Authority, the University of Tampa, the State or Federal governments, or private sources. Any funds received by the Agency from such other sources shall be in addition to the funds to be paid from the City and shall not affect or diminish the City's obligations under this Agreement. In addition, nothing herein contained shall preclude the Agency from contracting with the City or with any other entity to perform other services, functions within, or related to Downtown. ARTICLE THREE TERM AND TERMINATION 3.1 Term. The term ofthis Agreement shall commence on October 1, 2017 and shall end on the later of September 30, 2018 or the date on which all revenues received from the City have been expended, unless this Agreement is otherwise earlier terminated as provided herein, or extended by written agreement of the parties. 3.2 Termination for Cause. Either party may terminate this Agreement for cause upon giving the other party thirty (30) days written notice of termination. As used herein, "cause" shall mean (i) the breach of any material term or condition hereof, (ii) the commission of an unlawful act or failure to act relating to the subject matter hereof, or (iii) the use of funds for a purpose not authorized within the scope of the Agency Program. Notwithstanding the foregoing, a party may terminate this Agreement for breach of a material term or condition only if such breach remains uncured for a period of thirty (30) days after written notice has been hand delivered to such party, unless such party, within said thirty (30) day period has commenced and, in good faith, continued to cure said breach. ARTICLE FOUR 2

5 INSURANCE During the life of this Agreement, the Agency shall provide, pay for, and maintain with companies satisfactory to the City the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. All liability policies shall provide that the City is an additional insured as to the operations of the Agency under this Agreement and also shall provide the Severability of Interest Provision. The insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are to be furnished by the City. Renewal certificates of insurance shall be provided to the City ten (10) working days prior to expiration of the current coverages. Each certificate must be personally manually signed by the authorized representative of the insurance company shown in the Certificate. Thirty (30) days written notice by registered or certified mail must be given the City of any cancellation, intent not to renew, or reduction in the policy coverage, except in the application of the aggregate liability limits provisions. Should any aggregate limit of liability coverage be reduced, it shall be immediately increased back to the limit required by this Agreement. The insurance coverages required herein are to be primary to any insurance carried by the City or any self-insurance program thereof. The following types and minimum limits of insurance are required: a. Workers' Compensation and Employer's Liability Insurance shall be provided for all employees engaged in the work under this Agreement, in accordance with the laws of the State of Florida. The amount of the Employer's Liability Insurance shall be not less than: Employer's Liability -- $500,000 Limit Each Accident $500,000 Limit Disease Aggregate $500,000 Limit Disease Each Employee b. Commercial General Liability Insurance shall include Premises & Operations, Personal and Advertising Injury, Contractual for this Agreement, Independent Contractors, Broad Form Property Damage, including Completed Operations and Products and Completed Operations Liability Coverage. Bodily Insurance & Property -- $1,000,000 limit for bodily injury and property damage per occurrence and a $2,000,000 Aggregate. ARTICLE FIVE INDEMNIFICATION 5.1 The Agency shall defend, hold harmless, and indemnify the City from and against any and all liability, injury, loss, claims, damages, costs, attorneys' fees, and expenses of whatever kind or nature which the City may sustain, suffer, incur, or be required to pay by reason of the loss of any moneys paid to the Agency, fraud, defalcation, or dishonesty on the part of any person representing or employed by the Agency, or by reason or as a result of any act, omission, wrongdoing, misconduct, want of care or skill, negligence, lack of good faith, or default, on the part of the Agency in providing the services provided in this Agreement. The indemnity hereunder shall continue until all provisions of this Agreement have been fully performed by the Agency. This provision does not cover or indemnify the City for its own negligence. 5.2 In the event that any action, suit, or proceeding is brought against the City upon any liability 3

6 arising out of this Agreement, or any other matter indemnified against, the City, within five (5) business days, shall give notice in writing thereof to the Agency by registered or certified mail addressed to the Agency at its address hereinabove given. Upon the receiving of such notice, the Agency, at its own expense, shall defend against such action and take all such steps as may be necessary or proper. ARTICLE SIX MISCELLANEOUS 6.1 Parties-In-Interest; Assignment. This Agreement is binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. No person who is not a party hereto shall have any rights under this Agreement, either as a third party beneficiary or otherwise. Neither party may assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that the Agency, with the City's consent, may establish a corporation to fulfill the responsibilities and duties of this Agreement and to receive the benefits thereof. If such a corporation is established, this Agreement may be assigned to said corporation and, thereafter, the Agency shall have no liabilities, duties, or responsibilities hereunder. 6.2 Citv Representative. The City designates its Economic Opportunity Administrator, or his/her designee, to represent the City in all matters relative to this Agreement. 6.3 Notices. Any notice, document, communication or report required or permitted hereunder shall be in writing and shall be delivered personally or by regular U.S. Mail, postage prepaid, addressed as follows: Ifto City: Ifto Tampa Historic Streetcar, Inc.: City of Tampa 306 E. Jackson Street, 2N Tampa, Florida Attn: Rob Rosner, CRA Manager Tampa Historic Streetcar, Inc East 7th Avenue Tampa, Florida Attn: President or to such other person or address as any such party may designate by written notice as provided in this Section 6.3. Any notice or other document or report hereunder shall be deemed delivered or given as of the date received, if delivered in person, or as of the date sent if mailed. 6.4 Entire Agreement; Amendment. This Agreement supersedes any and all prior oral or written agreements and understandings relating to the subject matter hereof and contains the entire agreement of the parties relating to the subject matter hereof. All exhibits, addenda, schedules and appendices hereto, are incorporated into this Agreement by reference and made a part hereof. The terms "hereof," "herein" and like words shall refer to this Agreement in its entirety and shall include such exhibits, addenda, schedules and appendices. This Agreement cannot be amended or modified, except by a written agreement executed by the parties hereto or their respective successors and assigns. 6.5 Governing Law: Severability. This Agreement shall be governed by, and construed in 4

7 accordance with the laws of the State of Florida. A finding that any term or provision of this Agreement is invalid and unenforceable shall not affect the validity or enforceability of the remainder of this Agreement. 6.6 Compliance With Laws And Policies. The Tampa Historic Streetcar, Inc. shall comply with all applicable policies, laws, ordinances, and codes of the United States, the State of Florida, and the City, including but not limited to, the City's policies and ordinances regarding Women and Minority Business Enterprise, Equal Employment Opportunity, and Affirmative Action and Ethics. Moreover, the Tampa Historic Streetcar, Inc. acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Tampa Historic Streetcar, Inc. shall ensure that no City employee receives any such benefit or interest as a result of this Agreement. 6.7 No Agency Relationship. The Tampa Historic Streetcar, Inc. is not the agent, sub-agent or representative of the City. This Agreement shall not make the City liable to any person, firm, corporation or other who contracts with or who provides goods or services to the Tampa Historic Streetcar, Inc. in connection with the services it has agreed to perform hereunder or otherwise, or for debts or claims accruing to such parties against the Tampa Historic Streetcar, Inc. There is no contractual relationship, either express or implied, between the City and any person, firm, corporation or other supplying any work, labor, services, goods or materials to the Tampa Historic Streetcar, Inc. as a result of its services to the City hereunder or otherwise. 6.8 Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Tampa Historic Streetcar, Inc. has executed the same through its duly authorized representative, and the City has caused this Agreement to be duly executed and its seal to be hereunto only affixed and attested by its City Clerk, as of the day and year first written above. ATTEST: CITY OF TAMPA City Clerk/Deputy City Clerk By: ~ Bob Buckhorn, Mayor ATTEST: By: ~ TAMP A HISTORIC STREETCAR, INC. By: ~ Mich a el English, President The execution of this document was authorized by Resolution No Jorge Martin Sr. Assistant City Attorney 5

8 CRA RESOLUTION NO A RESOLUTION APPROVING A CRA FUNDING AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TAMPA AND THE CORPORATION TO DEVELOP COMMUNITIES OF TAMPA, INC., TO PROVIDE FUNDING FOR THE CONSTRUCTION OF INFRASTRUCRE IMPROVEMENTS ON RIGHTS OF WAY TO SERVE MIXED INCOME HOUSING IN THE EAST TAMPA CRA AREA; AUTHORIZING EXECUTION THEREOF BY THE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TAMPA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Corporation to Develop Communities of Tampa, Inc. ("CDC") is constructing mixed income single-family housing within the East Tampa CRA Area at the city block bounded by North 34th Street on the east, East 28th Avenue on the south, Clay Street on the west and East 27th Avenue on the north ("Project"); and WHEREAS, completion of such housing wi ll require the construction of certain infrastructure improvements on City of Tampa Rights-of-Way ("ROW") to serve the Project; and WHEREAS, CDC is willing to construct the improvements as part of the Project and convey the same to the City of Tampa upon completion, inspection and approval; and WHEREAS, the Community Redevelopment Agency of the City of Tampa ("CRA") has identified Tax Increment Financing funds ("TIF") that may be employed to pay for such improvements in the East Tampa CRA Area; and WHERAS, an Agreement (the subject of this Resolution) was drafted to establish the terms and conditions upon which the funding will be provided. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TAMPA, FLORIDA, THAT: Section 1. The CRA Funding Agreement between the Agency, the City and the Partnership be and the same is hereby approved in the form of the copy attached hereto or in substantially similar form. Agreement. Section 2. Section 3. That t he Chairman of t he Agency is hereby aut horized to execute t he That this Resolution shall take effect immediately upon its adoption.

9 MOVED AND ADOPTED BY THE CJ.;iMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TAMPA ON THIS.f!L oay OF u E/l'Ztf7~J4ke ATTEST: ~-frn SECRETY PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: E/S JORGE MARTIN SENIOR ASSISTANT CITY ATTORNEY

10 CRA FUNDING AGREEMENT {BEACON HOMES INFRASTRUCTURE) THIS CRA FUNDING AGREEMENT ("Agreement") is entered into between the Community Redevelopment Agency'of the City of Tampa, a body politic and corporate created and existing under the laws of the State of Florida ("CRA") and the Corporation to Develop Communities of Tampa, Inc., a Florida not for profit corporation ("CDC" and jointly referred to as "Parties") on this day of, RECITALS WHEREAS, CDC is constructing mixed income single-family housing within the East Tampa CRA Area at the city block bounded by North 34th Street on the east, East 28th Avenue on the south, Clay Street on the west and East 27th Avenue on the north ("Project"); and WHEREAS, completion of such housing will require the construction of certain infrastructure improvements on City of Tampa Rights-of-Way ("ROW") to serve the Project; and WHEREAS, CDC is willing to construct the improvements as part of the Project and convey the same to the City of Tampa upon completion, inspection and approval; and WHEREAS, the CRA has identified Tax Increment Financing funds ("TIF") that may be employed to pay for such improvements in the East Tampa CRA Area; and WHERAS, the Parties have entered into this Agreement to establish the terms and conditions upon which the funding will be provided. NOW THEREFORE, in consideration of the foregoing premises which are hereby adopted and made a part of the Agreement, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. SCOPE OF WORK CDC shall, directly or through its contractor(s), construct infrastructure improvements to serve the Project properties, more specifically described as follows: A. Construction of new sidewalks including curbing; B. Construction and installation of water utility facilities from 1 and 2 inch mains to meters servicing homes; C. Construction and installation of sanitary sewer connections from homes to City of Tampa Wastewater facility connection.

11 2. REIMBURSEMENT CRAshall reimburse CDC, upon presentation of acceptable documentation as provided in this Agreement, for tasks detailed in Exhibit 1 hereto. Total reimbursements under this Agreement shall not exceed $150, Parties acknowledge that the funding under this Agreement is not sufficient to cover the total cost necessary to complete the tasks set forth on Exhibit 1 and CDC shall make up any difference in payment(s). 3. REIMBURSEMENT REQUESTS Upon completion of one or more of the enumerated tasks/improvements set forth in Exhibit 1, CDC shall present written documentation satisfactory to the East Tampa Area CRA Manager {"Manager") itemizing the expense{s) for which reimbursement is sought and evidencing completion and acceptance by the City of such task, materials or improvement. Completed utility connections shall include detailed evidence that the utility installations have been inspected and accepted by the City of Tampa. No payment shall be due from the CRA until such satisfactory documentation is provided or any deficiency cured. 4. EFFECTIVE DATE/TERM This Agreement shall take effect on the last day of execution by a Party and, unless otherwise cancelled earlier as provided herein, shall remain in effect until ninety {90) days following the CRA full disbursement of funds as provided herein. 5. COMPLIANCE WITH LAWS/APPROVALS AND PERMITS A. CDC, its officers, employees, agents and contractors shall comply with all applicable Federal, state and local laws, regulations, and policies in performing the tasks required by this Agreement, including compliance with all building and engineering codes. B. CDC, at its own cost, shall obtain all plans, approvals, permits, rights-of-way permits, or authorizations required by the City of Tampa, including but not limited to its Water, Wastewater and Stormwater staff in connection with its performance under this Agreement. 6. MODIFICATION This Agreement may be amended or modified only by a written instrument executed by the duly authorized representatives of the parties hereto. Manager, without further CRA Board approval, may make adjustments to Exhibit 1 line item amounts, scope clarifications, or extensions of time that do not alter the Scope of Work or exceed the funding total and these changes shall not be deemed amendments or modifications for purposes of th is Section. 7. DEFAULT A default under this Agreement shall consist of any use of any funds for a purpose other than as authorized by this Agreement, or noncompliance with any provision of this Agreement, including but not limited to the failure to comply with the permitting, inspection

12 and approval requirements hereof. Upon written notice by CRA to CDC (in the form of and manner requ ired by the Notice section of this Agreement) of the occurrence of a default and the allowance of a reasonable opportunity to cu re, the CRA shall have the right, in its sole discretion and in addition to any other remedies available to it under this Agreement or general law, to terminate this Agreement or to withhold further payments or reimbursements. 8. NEGATION OF AGENT OR EMPLOYEE STATUS CDC shall perform this Agreement as an independent entity and nothing contained herein shall in any way be construed to create an agency or employee relationship between CRA and CDC. 9. NOTICES Notices or other written communications between the parties required under this Agreement shall be sent by at least one of the following methods: A. U.S. Mail, certified, return receipt requested. B. Facsimile if a number therefore is provided in this Agreement. C. Electronic mail if an address therefore is provided in this Agreement. D. Hand delivery. If to the CRA delivery shall be made at: East Tampa Area CRA Manager (Currently Ed Johnson, or his successor in that position) Address: 3808 N. 22nd Street, Tampa, FL Telephone: (813) Facsimile: (813) Ema il: ed.johnson@tampagov.net If to CDC delivery shall be made at: Attn : Address: Telephone: Facsimile: Ernest Coney 1907 E. Hillsborough Ave, Suite 100, Tampa, FL (813) (813) ernest.coney@cdcoftampa.org 10. ASSIGNMENT Th is Agreement shall not be assigned without written approval of CRA. 11. MISCELLANEOUS All provisions of this Agreement intended to survive or to be performed subsequent to the end of the Term thereof shall survive the termination of this Agreement. If a court of

13 competent jurisdiction holds any item or provision of this Agreement invalid or unenforceable, the remainder of the Agreement shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. This Agreement together with the Exh ibits hereto sets forth the entire agreement between the parties and there are no promises or understandings other than those stated therein. The Exhibits to this Agreement will be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits, then this Agreement will prevail. The failure of the City to enforce any term or condition of this Agreement shall not constitute a waiver or estoppel of any subsequent violation of this Agreement. IN WITNESS WHEREOF, the CRA has executed this Subordination the day and year first above written. WITNESSES: Nam~s ~. (Type of Prin \:me) Na me: E<gV)i'.::::C9V"'".l\?'.C: (Type or Print Name), CORPORATION TO DEVELOP COMMUNITIES OF TAMPA, INC. By: t;ju~j-- ~ (/ Print Name: fllcz..'y'r M. Title: C - ~ CRA By: Guido Maniscalco CRA Chairman Attest: Secretary