HomeMy WebLinkAboutOMNI-CRA-R-98-0009146W N%00
RESOLUTION NO. OMNI/CRA R-98-9
A RESOLUTION AUTHORIZING AND APPROVING THE
COMMUNITY REDEVELOPMENT AGENCY ("CRA") TO
ENTER INTO AN INTERLOCAL COOPERATION
AGREEMENT WITH THE CITY OF MIAMI ("CITY").
WHEREAS, the City of Miami approved and adopted the Omni Area
Redevelopment Plan pursuant to Resolution Nos. 86-868 and 86-607 (the
"Redevelopment Plan"); and
WHEREAS, the CRA is responsible for carrying out community
redevelopment activities and projects in the Omni Redevelopment Area (the
"Redevelopment Area") established pursuant to the Redevelopment Plan; and
WHEREAS, the CRA desires to enter into an interlocal cooperation
agreement with the City in substantially the form of Exhibit "A' attached
hereto and made a part hereof (the "Interlocal Cooperation Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to
this Resolution are incorporated herein as if fully set forth in this Section.
Section 2. The CRA is hereby authorized to enter into the Interlocal
Cooperation Agreement with the City in substantially the form of Exhibit
«A„
Section 3. The resolution shall be effective upon its adoption.
PASSED AND ADOPTED on thig 16th day of November, 1998.
Arthur E. Teele, Jr., Chairman
fClN77
own/CRA
Walter J. Foeman, City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
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Holland & Knight LLP
CRA Legal Counsel
MIAl #928207 vl
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Exhibit A
Rev. November 9,
1998
INTERLOCAL COOPERATION AGREEMENT
This INTERLOCAL AGREEMENT ("Agreement") is made as of this _ day
of
1998, among the City of Miami (the "City"), a municipal corporation
organized under the laws of the State of Florida, having offices at 444 S.W. 2nd
Avenue, Miami, Florida 33128, the Southeast Overtown/Park West Community
Redevelopment Agency (the "SEOPW CRA!'), a public body corporate and politic of
the State of Florida, and the Community Redevelopment Agency of the Omni Area
(the "Omni CRA and together with the SEOPW CRA, the Miami CRA!'), a public
body corporate and politic of the State of Florida, having offices at 300 Biscayne
Boulevard Way, Suite 430, Miami, Florida 33131.
WITNESSETH
WHEREAS, it is the purpose and the intent of the Agreement, the parties
hereto and the Florida Interlocal Cooperation Act of 1969, as amended (the
"Cooperation Act') to permit the City and the Miami CRA to make the most efficient
use of their respective powers, resources and capabilities by enabling them to
cooperate on the basis of mutual advantage and thereby to provide the services and
achieve the results as provided for herein; and
WHEREAS, the Miami CRA was created pursuant to the adoption of
Ordinance Nos. 1677-82 and 11248-95; and
WHEREAS, the City approved and adopted the Southeast Overtown/Park
West Community Redevelopment Plan, pursuant to Resolution Nos. 82-755 and 85-
1247, and the Omni Area Redevelopment Plan, pursuant to the Resolution Nos. 86-
868 and 87-604 (hereinafter referred to as "Redevelopment Plans"); and
WHEREAS, pursuant to Section 163.410, Florida Statutes, Miami Dade
County has delegated community redevelopment powers to the City; and
WHEREAS, the Miami CRA is responsible for carrying out community
redevelopment activities and projects in the Omni Redevelopment Area and the
Southeast Overtown/Park West Redevelopment Area (hereinafter referred to as
"Redevelopment Areas") established pursuant to the Redevelopment Plans; and
WHEREAS, the boundaries for the Redevelopment Areas are provided for in
Exhibit D, attached and incorporated hereto, as may be amended from time to time;
and
WHEREAS, it is the purpose of the Cooperation Act to provide a means by
which the City and the Miami CRA may jointly exercise their respective powers,
privileges and authorities that they share in common and that each might exercise
separately, but which pursuant to this Agreement and the Cooperation Act they
may exercise collectively, including but not limited to the manner of employing,
engaging and compensating personnel and the manner of providing financial
assistance and resources needed to accomplish the planning, design, development
and implementation necessary for the undertaking and carrying out of the
community redevelopment projects in the Redevelopment Areas as provided herein;
and
WHEREAS, the City and Miami CRA desire herein to provide for their
mutual and respective understandings, agreements, rights, duties and obligations
pertaining to the planning, development and implementation of the Projects (as
hereinafter defined) and the necessary staff, consultants or others related to the
Projects; and
WHEREAS, the City and Miami CRA desire to facilitate the financing and
undertaking of the Projects for the current Fiscal Year and for future years,
pursuant to the terms of this Agreement and related agreements as provided
herein; and
WHEREAS, the Cooperation Act and the Florida Community Redevelopment
Act of 1969 (collectively referred to as the "Act') permit intergovernmental
coordination between the City and Miami CRA for the provision of services that are
needed by the Miami CRA and the City, and the City is willing to provide certain
services relating to financial support, the use of certain city employees for the
performance of services and other assistance necessary for the Projects and future
projects; and
WHEREAS, the financing of the Projects and providing of employees to carry
out the services associated with the Projects will further the governmental purposes
and be of substantial benefit to the City and the Miami CRA; and
WHEREAS, the Miami CRA's provision of program management, technical
assistance, project administration, planning, coordination, development and other
services necessary for the Projects will further the interests of the Miami CRA and
the City and shall serve a public purpose by, among other things, aiding in the
elimination of blight, advancing the public health and general welfare and will
result in the coordination, development, implementation and completion of the
Projects in the Redevelopment Areas; and
WHEREAS, it is necessary and appropriate for the parties to provide the
intergovernmental cooperation for the undertaking and carrying out of the Projects
and for the parties to cooperate and jointly proceed as provided herein;
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NOW, THEREFORE, in consideration of the Miami CRA agreeing to take
responsibility for the program management, technical assistance, project
administration, planning, coordination, development and other services, staff,
consultants and others necessary for the Projects and the agreement by the City to
designate certain city employees to render services related to the Projects and
moneys received from time to time from the United States Department of Housing
and Urban Development, the Miami Dade County Safe Neighborhood Park Bonds
and any other financial resources as determined by the City Commission of the
City, the City and the Miami CRA agree as follows:
ARTICLE I - AUTHORITY
This Agreement is entered into pursuant to and under the authority of the
provisions of Section 163.01, Florida Statutes; Part III, Chapter 163, Florida
Statutes; and other applicable provisions of law.
ARTICLE II - DEFINITIONS
2.1 Definitions
The terms defined in this Section 2.1 shall have the following meanings for
purposes of this Agreement when initially capitalized herein:
(a) "Act" means Section 163.01, Florida Statues; Part III, Chapter 163,
Florida Statutes; Chapter 166, Florida Statutes; and other applicable provisions of
law thereunder.
(b) "Agreement" means this Interlocal Cooperation Agreement, including
any exhibits hereto, as the same may be hereafter amended from time to time.
(c) "Park Bond Funds" mean grants of moneys the City receives from time
to time from Miami Dade County Safe Neighborhood Park Bonds issued for capital
improvements for existing parks in the City.
(d) "City" means the City of Miami, Florida, a municipal corporation
organized under the laws of the State of Florida, and any successors thereto or
assigns thereof.
(e) "Effective Date" means the date as determined by Section 12.5 and
12.10 hereof on which this Agreement becomes effective.
(f) "Expiration Date" means the date on which this Agreement terminates
by its own terms as provided in Section 10.1 hereof.
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(g) "Fiscal Year" means the fiscal years of the City and Miami CRA
commencing on October 1 of each year and ending on the next succeeding
September 30 or such other fiscal year as may be established by law.
(h) "HUD Funds" mean grants of moneys the City receives from time to
time from the United States Department of Housing and Urban Development,
including but not limited to community development block grant funds ("CDBG
Funds"), HOME Investment Partnership, HOME funds, and such other similar
funds.
(i) "Miami CRA" means collectively the Southeast Overtown/Park West
Community Redevelopment Agency and the Omni Area Community Redevelopment
Agency of the City of Miami, their successors or assigns.
(k) "Projects" mean the community redevelopment projects and activities,
capital park improvements and other activities or programs described in Exhibits A
and B(Parts VI and VII), attached and incorporated hereto, as the same may be
hereafter amended from time to time.
(1) "Redevelopment Areas" mean the Omni Redevelopment Area and the
Southeast Overtown/Park West Redevelopment Area as provided within the
Redevelopment Plans as herein defined, as the same may be hereafter amended
from time to time.
(m) "Redevelopment Plans" mean the Southeast Overtown/Park West
Community Redevelopment Plan approved by the City in Resolution Nos. 82-755
and 85-1247, and the Omni Area Redevelopment Plan approved by the City in
Resolution Nos. 86-868 and 87-604, as the same may be hereafter amended from
time to time.
ARTICLE III - PURPOSE; FINDINGS; INTENT
3.1 Purpose
The Miami CRA and the City acknowledge and agree that the purpose of this
Agreement is to set forth the cooperative relationship between the City and Miami
CRA, the respective duties and obligations thereof and the procedures to be followed
by the parties hereto in order to undertake and carry out the financing for the
program management, technical assistance, program administration, coordination,
monitoring, development and the services of staff, consultants and others necessary
for the Projects.
3.2 Findings
The City and Miami CRA hereby ascertain, determine, declare and find that:
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(a) The Projects further the goals, purposes, objectives of the
Redevelopment Plans; shall make a significant contribution to the redevelopment
of the Redevelopment Areas and shall serve a public purpose by aiding in the
elimination of blight, advancing the economic prosperity and the public health and
general welfare.
(b) The coordination and the undertaking of the program management,
technical assistance, project administration, planning, coordination, development
and provision of other services of the Projects by the Miami CRA shall further the
interests of the City and the Miami CRA, and will result in the better coordination,
efficient management and timely implementation of the development of the
Projects.
(c) It is necessary and appropriate for the City and the Miami CRA to
cooperate and proceed as provided herein.
(d) It is in the best interest of each of the parties hereto and the public to
establish a cooperative relationship between the parties hereto in order to best
carry out the purposes of the Act, specifically including the staffing, planning,
program management, program administration, technical assistance, coordination,
monitoring, development, implementation and financing of the Projects, as provided
herein on a timely and expeditious basis.
Section 3.3 Intent; Cooperation; Exercise of Powers.
The parties hereto agree to cooperate and assist each other in achieving the
purpose set forth within this Article hereof. Furthermore, each of the parties hereto
does hereby grant to the other and does acknowledge the other party may in
furtherance of the purpose, exercise any and all powers legally available to the
other, which but for this Agreement, that party may not be able to exercise and
which by virtue of this Agreement may be shared with the other party and be
exercised separately and collectively.
3.4 Designation
The City hereby designates the Miami CRA as the exclusive party
responsible for the planning, development, program management, technical
assistance, coordination, project administration, monitoring and other services for
the completion of the Projects. The Miami CRA hereby agrees to carry out its duties
and functions as such designated exclusive party in accordance with the terms of
this Agreement.
The City further declares the Miami CRA to be a grantee of the City and
afforded the same rights and privileges of any other grantee receiving HUD Funds.
For such purposes, the provisions of OMB Circular A-102 ("Grants and Cooperative
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Agreements With State and Local Governments", as amended August 29, 1997) and
hereafater amended, are attached and incorporated hereto as Exhibit E.
ARTICLE IV - FINANCIAL RESOURCES TO BE PROVIDED BY THE CITY
4.1 City's commitment to funding.
The City hereby agrees to provide full financial support to the Miami CRA for
the planning, development, program management, technical assistance,
coordination, project administration, monitoring and other services needed for the
Projects undertaken pursuant to this Agreement. To accomplish the financial
support needed herein, the City and Miami CRA hereby agree that:
(a) Five Year Funding Plan. The City and Miami CRA shall, by
separate resolution, agree to a Five Year Funding Plan for the CRA relative to this
Agreement. Such funding shall be subject to the annual appropriation, allocation
and approval of the City Commission and subject to the City's receipt of any funds
not originating with the City, and the funding plan shall be coordinated with the
Five Year Program Plan as provided within this Agreement. The funds shall be held
and administered as provided in Section 4.4 of this Agreement. Each year this
Agreement shall be amended to include the funding to be provided by the City to
the Miami CRA, with the Projects to be undertaken by the Miami CRA, and
provided as an addendum to this Agreement.
4.2 Base Year for Funding Purposes. The City and Miami CRA
agree that the base year for the purposes of calculating the City's ongoing
commitment to fund activities of the Miami CRA pursuant to this Agreement shall
be Fiscal Year 1999. For Fiscal Year 1999, the City hereby agrees to and approves
the Miami CRA receiving financial resources as follows:
(a) Program Funds. Program funds shall be provided as follows:.
(1) An amount of $902,061 as provided in Exhibit B (Part VII),
attached and incorporated hereto, shall be provided to the Miami CRA from HUD
Funds for the Projects provided for in Exhibits A and B(Parts VI and VII), attached
and incorporated hereto. Such funds shall be expended as provided herein, unless
the Miami CRA has first secured the written permission of the City.
(b) General Fund Support. An amount of $279,488, as provided
in Exhibit B (Part I), attached and incorporated hereto, shall be provided by the
City to the Miami CRA for other necessary funding for the Projects. Such funds
shall be expended as provided herein, unless the Miami CRA has first secured the
written permission of the City.
(c) Human Resources Support. For the purposes of human
resource support to the Miami CRA, the Base Year shall be the salaries and benefits
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allocated for the City employees designated to provide services to the Miami CRA.
An amount of $363,021 is hereby provided for the salaries and benefits of the City
employees designated pursuant to Section 5.1 hereof.
(d) Continuing Payments for Benefit of Miami CRA Projects.
(1) The City shall continue to fund the guaranteed entitlement
associated with the Community Redevelopment Revenue Bonds 1990 Series.
(2) The City shall continue to pay the debt service on the Section
108 Loan of $5,100,000 approved in 1990 and drawn upon in 1994, secured by the
United States Department of Housing and Urban Development.
(e) Other Expenditures. The City may also provide financial
support, other than the financial resources and support specifically identified
herein, to the Miami CRA as approved and provided for by the City Commission.
4.3 Reallocation and Rollover of Unexpended Funds
Any unexpended moneys derived from the sources of funds as provided in this
Article remaining at the end of any fiscal year shall be reallocated and carried over
into the next fiscal year for the Miami CRA, subject to the applicable provisions of
any related agreements or Bond covenants and subject to the approval and receipt
of such funds by the City. The City hereby agrees that the presence any such
unexpended funds shall not be a negative factor for the allocation of funds or other
resources to the Miami CRA in the budgeting for any fiscal year.
4.4 Disbursement of Funding to Fiduciary of Miami CRA
The City does hereby consent and authorize the Miami CRA to the full and
complete control and custody of moneys collected, approved, provided for and
authorized for the Miami CRA by the City or any other governmental entity. Such
moneys shall be deposited with a fiduciary as determined by the Miami CRA.
The City's Offices of Management and Budget and Finance shall continue to
provide all services and support related to the keeping, management, handling and
budgeting of such funds as determined by the Miami CRA.
ARTICLE V- PERSONNEL AND OTHER RESOURCES TO BE PROVIDED BY
CITY
5.1 Use of City Personnel.
(a) The City hereby agrees to provide and designate a certain number of
City employees to serve as full-time staff to the Miami CRA for the program
management and administration, planning, coordination, technical assistance and
other services needed to carry out and undertake the Projects. The City Manager is
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hereby authorized to provide for the annual detailing of employees for service to the
Miami CRA. For the Base Year as provided in Article IV of this Agreement, the
City agrees that the employees designated in Exhibit C shall provide services to the
Miami CRA. Any new employees to the Miami CRA, after the effective date of this
Agreement, shall not be city employees, unless otherwise agreed.
(b) The City employees designated to serve as staff to the Miami CRA
shall continue to receive all the benefits provided to other City employees related to
their employment with the City, except that the duties and supervision of the
employees shall be determined by the Miami CRA. Such employees shall adhere to
any City rules and regulations regarding the reporting of employment time.
(c) The City Attorney shall serve as counsel to the Miami CRA, unless the
Miami CRA otherwise select a general counsel; and provided that the Miami CRA
may select an individual or a law firm other than the City Attorney to serve as
general counsel and nothing herein prohibits the Miami CRA from obtaining special
counsel.
(d) The City Clerk shall serve as the official custodian of records and
documents for the meetings of the Miami CRA. The City Clerk, or his or her
designee, shall keep the minutes of the proceedings of the Miami CRA, maintain a
journal of all resolutions, publish notice of meetings as required by law, and
perform all other clerical functions on behalf of the Miami CRA.
(e) The City shall further provide the Miami CRA with the assistance of
any other City employees, as available, for the services as planning, public works,
computer technology, and other services as may be requested, upon the approval
and concurrence of the City Manager. In furtherance of this provision, the City and
Miami CRA shall agree on the services to be provided by city employees under this
provision.
(i) The City and Miami CRA shall enter into a reimbursement agreement
for the use of city employees in furtherance of the provisions of this Agreement.
5.2 Selection of the Executive Director of CRA
The Miami CRA is hereby authorized to select or contract with a person or
consultant with the designated title of Executive Director for the Miami CRA, and
to determine the qualifications, duties and compensation for such position.
ARTICLE VI - RESPONSIBILITIES OF THE MIAMI CRA
6.1 Responsibilities of CRA
:
(a) The Miami CRA shall be responsible for the planning, development,
program management, technical assistance, coordination, project administration,
monitoring and other services necessary for the completion of the Projects as
provided in Exhibits A and B (Parts VI and VII), attached and incorporated hereto,
and as may be amended from time to time. The Executive Director of the CRA shall
be the party designated to manage all work and activities related to the Projects.
(b) For the financing of projects in future years as part of the City's
annual budget process, the Miami CRA shall prepare and submit to the City a
proposal which identifies the projects or activities to be planned, designed,
developed and implemented and carried out by the CRA prior to the appropriation,
allocation and approval of the City's yearly budget.
(c) Any amendments, modifications or alterations of the Projects as
funded by the City on behalf of the CRA shall be by the Executive Director of the
Miami CRA upon the written concurrence of the City.
6.2 Bi-Annual Reports to the City
The Miami CRA shall provide to the City bi-annual status reports regarding
the Projects. Such reports shall be provided to the City no later than April 30 and
October 30 of each year. Any reports required pursuant to any related agreement
shall be provided in accordance with the related agreement.
ARTICLE VII - COOPERATION ON COMMUNITY REDEVELOPMENT
INITIATIVES
7.1 Mutual Cooperation Between the Parties.
To further enhance the community redevelopment activities in the City, the
City and Miami CRA hereby agree to:
(a) Work together for the incorporation and support of the legislative
priorities and initiatives of the Miami CRA into the City's legislative priorities and
initiatives. In recognition of the mutual cooperation, the City shall expeditiously
seek any City Commission approval, if required, of any legislative priority or
initiative proposed by the Miami CRA.
(b) Work cooperatively upon the approval of any legislative initiative of
the Miami CRA.
(c) Coordinate the delivery of municipal services associated with any
Miami CRA Projects with the scheduling activities of the Project with the Miami
CRA, except for law enforcement activities.
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ARTICLE VIII - ESTABLISHMENT OF FIVE YEAR PLAN
8.1 Establishment of Plan.
(a) The City and Miami CRA shall provide for a five (5) year
programmatic plan for projects and activities to be undertaken by the Miami CRA
pursuant to this Agreement.
(b) The Miami CRA hereby agrees to be responsible for the preparation of
the five (5) year programmatic plan. Such plan shall be presented for review and
acceptance to the City Commission.
(c) The City hereby agrees to annually fund, subject to the availability of
funds and appropriation by the City Commission, the overall elements of any plan
approved by the City Commission. Any agreement by the City as to annual funding
shall be provided by separate by a separate resolution.
ARTICLE IX - EXECUTION OF RELATED AGREEMENTS
9.1 Execution of Any Required Agreements
If the nature or use of the HUD Funds, Park Bond Funds or any other source
of funding provided by the City pursuant to this Agreement require the City and
Miami CRA to enter into any subagreements for the Projects or future projects, the
parties shall enter into the necessary subagreement for the specific project. Such
agreements shall be in accordance with any federal rules and regulations governing
the use of HUD Funds, the applicable agreement governing the use of the Park
Bond Funds, or any other applicable agreement or provisions of law.
9.2 Execution of Related Agreements
All subagreements required to be entered pursuant to this provision by the
City and the Miami CRA shall be executed by the Executive Director on behalf of
the CRA and the City Manager on behalf of the City upon the approval of the City
Commission.
ARTICLE X - TERMINATION
10.1 Termination
This Agreement shall terminate upon the dissolution of the Miami CRA or by
a mutual agreement of the City and Miami CRA. Any termination of a
subagreement shall be governed by the specific provisions as set forth within the
subagreement.
ARTICLE XI - REPRESENTATIONS; WARRANTIES; COVENANTS
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v1:
11.1 Representations and Warranties and Covenants of the
City
The City represents, warrants and covenants to the Miami CRA that each of
the following statements is presently true and accurate:
(a) The City is a validly existing municipal corporation organized under
the laws of the State of Florida, has all requisite corporate power and authority to
carry on its business as now conducted and to perform its obligations under this
Agreement and each document contemplated hereunder to which it is or will be a
party.
(b) The Miami CRA shall coordinate all community redevelopment
activities in the Redevelopment Areas, and the Miami CRA shall be able to seek
supplemental and additional funding from other resources to support the
Redevelopment Plans.
(c) The City shall continue its routine and normal community
redevelopment activities throughout the City, except as provided within this
Agreement.
(d) This Agreement has been duly authorized by all necessary action on
the part of, and has been, or will be, duly executed and delivered by the City, and
neither the execution and delivery hereof, nor compliance with the terms and
provisions hereof, (1) requires the approval and consent of any other party, except
such as have been duly obtained or as are specifically noted herein, (ii) contravenes
any existing law, judgment, governmental rule, regulation or order applicable to or
binding on any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other
agreement or instrument to which the City is a party, or (iii) contravenes or results
in any breach of, or default under, or the City results in the creation of any lien or
encumbrance upon any property of the City.
(e) This Agreement constitutes a legal, valid and binding obligation of the
City, enforceable against the City in accordance with the terms hereof, except as
such enforceability may be limited by public policy or applicable bankruptcy,
insolvency or similar laws from time to time in effect which affect creditors' rights
generally and subject to usual equitable principles in the event that equitable
remedies are involved.
(f) There are no pending or, to the knowledge of the City, threatened
actions or proceedings before any court or administrative agency of the City, or
against any officer of the City, which question the validity of this Agreement or any
document contemplated hereunder, or which are likely in any case, or in the
aggregate, to materially adversely affect the consummation of the transaction
contemplated hereunder of the financial condition of the City.
(g) The City has a continuing obligation to pay and shall continue to pay
the guaranteed entitlement for the $11,500,000 Community Redevelopment
Revenue Bonds issued November 8, 1990; and the City shall continue to pay the
debt service on the Section 108 loan in the amount of $4,800,000, secured by the
United States Department of Housing and Urban Development, which was obtained
in 1990 and drawn upon in 1994 to assist in the retirement of the subject
Community Redevelopment Revenue Bonds.
(h) The City shall continue to fulfill its obligations to deliver and provide
municipal services in the Redevelopment Areas and the City at large, and should
there be a conflict relative to the provision and delivery of services a decision of the
City Attorney shall control.
(i) The City encourages the Miami CRA to apply for and seek state,
federal and corporate grants and support to minimize the impact on the City's
taxpayers relative to the disbursement of federal funds to the City.
11.2 Representations and Warranties and Covenants of the
CRA
The Miami CRA represents and warrants to the City that each of the
following statements is presently true and accurate:
(a) The Miami CRA is a body corporate and politic under the laws of the
State of Florida, separate and distinct from the City, has all requisite corporate
power and authority to carry on it business as now conducted and to perform its
obligations under this Agreement and each document contemplated hereunder to
which it is or will be a party.
(b) This Agreement has been duly authorized by all necessary action on
the part of, and has been or will be, duly executed and delivered by the Miami CRA.
(c) This Agreement, when entered, constitutes a legal, valid and binding
obligation of the Miami CRA, enforceable against the Miami CRA in accordance
with the terms hereof, except as such enforceability may be limited by public policy
or applicable bankruptcy, insolvency or similar laws from time to time in effect
which affect creditors' rights generally and subject to usual equitable principles in
the event that equitable remedies are involved.
(d) The Miami CRA shall timely fulfill, or cause to be fulfilled, all of the
conditions expressed herein which are within the control of the Miami CRA or
which are the responsibility of the Miami CRA to fulfill.
(e) During each year of this Agreement, and the obligations under this
Agreement, shall be in effect, the Miami CRA shall cause to occur and to continue to
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be in effect those agreements, instruments, and documents which are its
responsibility under this Agreement.
(f) A copy of any applications made by the Miami CRA to obtain grants of
moneys from resources or entities, including the Federal Government, other than
the City shall be
be provided to the City.
(g) The Miami CRA agrees to apply for state, federal and corporate grants
and support to minimize the impact on the City's taxpayers related to the
disbursement of federal funds to the City.
XII - MISCELLANEOUS
12.1 Meeting Notices to City Manager
The Miami CRA shall provide the City Manager with notices of all of its
regular and special board meetings.
12.2 Entire Agreement
This Agreement, its attachments and any related agreements entered as
provided herein constitute the entire agreement of the parties hereto.
12.3 Modification or Amendment
This Agreement may be amended in writing by the mutual agreement of the
City and the Miami CRA, at any time and from time to time.
12.4 Severability
If the City's obligations are found to be invalid or if any one or more of the
covenants, agreements or provisions of this Agreement should be held contrary to
any express provision of law, or contrary to any policy or expresses law, although
not expressly prohibited, or against public policy, or shall, for any reason
whatsoever, be held invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separate from the remaining covenants,
agreements or provisions of this Agreement, which shall remain in full force and
effect.
12.5 Term
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This Agreement shall become effective upon execution by the City and Miami
CRA, and upon filing with the Clerk of the Circuit Court of Miami Dade County,
Florida, as provided in Section 12.10 hereof, and shall expire upon termination as
provided in Article 10 hereof.
12.6 Assignment
This Agreement shall not be assigned by the Miami CRA, in whole or in part,
without the prior written consent of the City, which may be withheld or conditioned,
in the City's sole discretion.
12.7 No Member Liability.
No covenant, stipulation, obligation or agreement contained herein shall be
deemed to be a covenant, stipulation, obligation or agreement of any present or
future member of the governing body or agent or employee of the City or the Miami
CRA in its, his/her or their individual capacity, and neither the members of the
governing body of the City or the Miami CRA, nor any official executing this
Agreement shall be liable personally or shall be subject to any accountability for
reason of the execution by the City of Miami CRA of this Agreement or any act
pertaining thereto.
12.8 Notices
It is understood and agreed between the parties that written notice
addressed to the City Manager or to the Executive Director of the Miami CRA and
mailed, certified/return receipt, or hand delivered to the address appearing on page
one (1) of this Agreement shall constitute sufficient notice to either party.
12.9 Controlling Law
All covenants, stipulations, obligations and agreements of the City and
Miami CRA contained in this Agreement shall be deemed to be covenants,
stipulations, obligations and agreements of the City and the Miami CRA,
respectively, to the full extent authorized by the Act and provided by the laws of the
State of Florida. Proper venue for any proceedings pertaining to this Agreement
shall be in Miami Dade County, Florida.
12.10 Filing and Effective Date
This Agreement shall become effective immediately upon the execution by
proper officers of the City and the Miami CRA, and upon filing with the Clerk of the
Circuit Court of Miami Dade County, Florida, as required by Section 163.01(11),
Florida Statutes. The date of such filing with the Clerk of the Circuit Court shall be
the "Effective Date of this Agreement.
ca
IN WITNESS WHEREOF, the parties hereto have entered into this
Interlocal Cooperation Agreement as of the day and year first above written.
LE
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
CITY OF MIAMI, FLORIDA
Donald Warshaw, City
Manager
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
LE
Arthur E. Teele, Jr. Chairman
15
Holland & Knight LLP, Counsel
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Holland & Knight LLP, Counsel
Rev. November 9, 1998
MIA1 #928719 v1
OMNI AREA COMMUNITY
REDEVELOPMENT AGENCY
Arthur E. Teele, Jr.,
Chairman
16 �a
o� --
ARTICLE I - AUTHORITY
This Agreement is entered into pursuant to and under the authority of the provisions of
Section 163.01, Florida Statutes; Part III, Chapter 163, Florida Statutes; and other applicable
provisions of law.
ARTICLE II - DEFINITIONS
2.1 Definitions
The terms defined in this Section 2.1 shall have the following meanings for purposes of
this Agreement when initially capitalized herein:
(a) "Act" means Section 163.01, Florida Statues; Part III, Chapter 163, Florida
Statutes; Chapter 166, Florida Statutes; and other applicable provisions of law thereunder.
(b) "Agreement" means this Interlocal Cooperation Agreement, including any
exhibits hereto, as the same may be hereafter amended from time to time.
(c) "Park Bond Funds" mean grants of moneys the City receives from time to time
from Miami Dade County Safe Neighborhood Park Bonds issued for capital improvements for
existing parks in the City.
(d) "City" means the City of Miami, Florida, a municipal corporation organized under
the laws of the State of Florida, and any successors thereto or assigns thereof.
(e) "Effective Date" means the date as determined by Section 12.5 and 12.10 hereof
on which this Agreement becomes effective.
(f) "Expiration Date" means the date on which this Agreement terminates by its own
terms as provided in Section 10.1 hereof.
(g) "Fiscal Year" means the fiscal years of the City and Miami CRA commencing on
October 1 of each year and ending on the next succeeding September 30 or such other fiscal year
as may be established by law.
(h) "HUD Funds" mean grants of moneys the City receives from time to time from
the United States Department of Housing and Urban Development, including but not limited to
community development block grant funds ("CDBG Funds"), HOME Investment Partnership,
HOME funds, and such other similar funds.
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��3- ajomw/c. 9 8 - 9
(i) "Miami CRA" means collectively the Southeast Overtown/Park West Community
Redevelopment Agency and the Omni Area Community Redevelopment Agency of the City of
Miami, their successors or assigns.
(k) "Projects" mean the community redevelopment projects and activities, capital park
improvements and other activities or programs described in Exhibits A and B(Parts VI and VII),
attached and incorporated hereto, as the same may be hereafter amended from time to time.
(1) "Redevelopment Areas" mean the Omni Redevelopment Area and the Southeast
Overtown/Park West Redevelopment Area as provided within the Redevelopment Plans as herein
defined, as the same may be hereafter amended from time to time.
(m) "Redevelopment Plans" mean the Southeast Overtown/Park West Community
Redevelopment Plan approved by the City in Resolution Nos. 82-755 and 85-1247, and the Omni
Area Redevelopment Plan approved by the City in Resolution Nos. 86-868 and 87-604, as the
same may be hereafter amended from time to time.
ARTICLE 3 - PURPOSE; FINDINGS; INTENT
3.1 Purpose
The Miami CRA and the City acknowledge and agree that the purpose of this Agreement
is to set forth the cooperative relationship between the City and Miami CRA, the respective
duties and obligations thereof and the procedures to be followed by the parties hereto in order
to undertake and carry out the financing for the program management, technical assistance,
program administration, coordination, monitoring, development and the services of staff,
consultants and others necessary for the Projects.
3.2 Findings
The City and Miami CRA hereby ascertain, determine, declare and find that:
(a) The Projects further the goals, purposes, objectives of the Redevelopment Plans;
shall make a significant contribution to the redevelopment of the Redevelopment Areas and shall
serve a public purpose by aiding in the elimination of blight, advancing the economic prosperity
and the public health and general welfare.
(b) The coordination and the undertaking of the program management, technical
assistance, project administration, planning, coordination, development and provision of other
services of the Projects by the Miami CRA shall further the interests of the City and the Miami
CRA, and will result in the better coordination, efficient management and timely implementation
of the development of the Projects.
al
SEorW/cam omw/cm 9 8 �` 9
0
(c) It is necessary and appropriate for the City and the Miami CRA to cooperate and
proceed as provided herein.
(d) It is in the best interest of each of the parties hereto and the public to establish
a cooperative relationship between the parties hereto in order to best carry out the purposes of
the Act, specifically including the staffing, planning, program management, program
administration, technical assistance, coordination, monitoring, development, implementation and
financing of the Projects, as provided herein on a timely and expeditious basis.
Section 3.3 Intent; Cooperation; Exercise of Powers.
The parties hereto agree to cooperate and assist each other in achieving the purpose set
forth within this Article hereof. Furthermore, each of the parties hereto does hereby grant to
the other and does acknowledge the other party may in furtherance of the purpose, exercise any
and all powers legally available to the other, which but for this Agreement, that party may not
be able to exercise and which by virtue of this Agreement may be shared with the other party
and be exercised separately and collectively.
3.4 Designation
The City hereby designates the Miami CRA as the exclusive party responsible for the
planning, development, program management, technical assistance, coordination, project
administration, monitoring and other services for the completion of the Projects. The Miami
CRA hereby agrees to carry out its duties and functions as such designated exclusive party in
accordance with the terms of this Agreement.
The City further declares the Miami CRA to be a grantee of the City and afforded the
same rights and privileges of any other grantee receiving HUD Funds. For such purposes, the
provisions of OMB Circular A-102 ("Grants and Cooperative Agreements With State and Local
Governments", as amended August 29, 1997) and hereafater amended, are attached and
incorporated hereto as Exhibit E.
ARTICLE 4 - FINANCIAL RESOURCES TO BE PROVIDED BY THE CITY
4.1 City's commitment to funding.
The City hereby agrees to provide full financial support to the Miami CRA for the
planning, development, program management, technical assistance, coordination, project
administration, monitoring and other services needed for the Projects undertaken pursuant to this
Agreement. To accomplish the financial support needed herein, the City and Miami CRA
hereby agree that:
(a) Five Year Funding Plan. The City and Miami CRA shall, by separate
resolution, agree to a Five Year Funding Plan for the CRA relative to this Agreement. Such
5
ssoPw'cPA 9 8- 3 5 omrim 9 8- 9
w1'
funding shall be subject to the annual appropriation, allocation and approval of the City
Commission and subject to the City's receipt of any funds not originating with the City, and the
funding plan shall be coordinated with the Five Year Program Plan as provided within this
Agreement. The funds shall be held and administered as provided in Section 4.4 of this
Agreement. Each year this Agreement shall be amended to include the funding to be provided
by the City to the Miami CRA, with the Projects to be undertaken by the Miami CRA, and
provided as an addendum to this Agreement.
4.2 Base Year for Funding Purposes. The City and Miami CRA agree that
the base year for the purposes of calculating the City's ongoing commitment to fund activities
of the Miami CRA pursuant to this Agreement shall be Fiscal Year 1999. For Fiscal Year 1999,
the City hereby agrees to and approves the Miami CRA receiving financial resources as follows:
(a) Program Funds. Program funds shall be provided as follows:.
(1) An amount of $902,061 as provided in Exhibit B (Part VII), attached and
incorporated hereto, shall be provided to the Miami CRA from HUD Funds for the Projects
provided for in Exhibits A and B(Parts VI and VII), attached and incorporated hereto. Such
funds shall be expended as provided herein, unless the Miami CRA has first secured the written
permission of the City.
(b) General Fund Support. An amount of $279,488, as provided in Exhibit
B (Part I), attached and incorporated hereto, shall be provided by the City to the Miami CRA
for other necessary funding for the Projects. Such funds shall be expended as provided herein,
unless the Miami CRA has first secured the written permission of the City.
(c) Human Resources Support. For the purposes of human resource
support to the Miami CRA, the Base Year shall be the salaries and benefits allocated for the City
employees designated to provide services to the Miami CRA. An amount of $363,021 is hereby
provided for the salaries and benefits of the City employees designated pursuant to Section 5.1
hereof.
(d) Continuing Payments for Benefit of Miami CRA Projects.
(1) The City shall continue to fund the guaranteed entitlement associated with
the Community Redevelopment Revenue Bonds 1990 Series.
(2) The City shall continue to pay the debt service on the Section 108 Loan
of $5,100,000 approved in 1990 and drawn upon in 1994, secured by the United States
Department of Housing and Urban Development.
(e) Other Expenditures. The City may also provide financial support,
other than the financial resources and support specifically identified herein, to the Miami CRA
as approved and provided for by the City Commission.
n
SEO>PW/IM � 9 $ _ 3 5 O ic�a.A. 9 $ -
4.3 Reallocation and Rollover of Unexpended Funds
Any unexpended moneys derived from the sources of funds as provided in this Article
remaining at the end of any fiscal year shall be reallocated and carried over into the next fiscal
year for the Miami CRA, subject to the applicable provisions of any related agreements or Bond
covenants and subject to the approval and receipt of such funds by the City. The City hereby
agrees that the presence any such unexpended funds shall not be a negative factor for the
allocation of funds or other resources to the Miami CRA in the budgeting for any fiscal year.
4.4 Disbursement of Funding to Fiduciary of Miami CRA
The City does hereby consent and authorize the Miami CRA to the full and complete
control and custody of moneys collected, approved, provided for and authorized for the Miami
CRA by the City or any other governmental entity. Such moneys shall be deposited with a
fiduciary as determined by the Miami CRA.
The City's Offices of Management and Budget and Finance shall continue to provide all
services and support related to the keeping, management, handling and budgeting of such funds
as determined by the Miami CRA.
ARTICLE V- PERSONNEL AND OTHER RESOURCES TO BE PROVIDED BY CITY
5.1 Use of City Personnel.
(a) The City hereby agrees to provide and designate a certain number of City
employees to serve as full-time staff to the Miami CRA for the program management and
administration, planning, coordination, technical assistance and other services needed to carry
out and undertake the Projects. The City Manager is hereby authorized to provide for the annual
detailing of employees for service to the Miami CRA. For the Base Year as provided in Article
IV of this Agreement, the City agrees that the employees designated in Exhibit C shall provide
services to the Miami CRA. Any new employees to the Miami CRA, after the effective date
of this Agreement, shall not be city employees, unless otherwise agreed.
(b) The City employees designated to serve as staff to the Miami CRA shall continue
to receive all the benefits provided to other City employees related to their employment with the
City, except that the duties and supervision of the employees shall be determined by the Miami
CRA. Such employees shall adhere to any City rules and regulations regarding the reporting of
employment time.
(c) The City Attorney shall serve as counsel to the Miami CRA, unless the Miami
CRA otherwise select a general counsel; and provided that the Miami CRA may select an
individual or a law firm other than the City Attorney to serve as general counsel and nothing
herein prohibits the Miami CRA from obtaining special counsel.
7
MOPW/CRA 9 8 - 3 5 OW/CRA
(d) The City Clerk shall serve as the official custodian of records and documents for
the meetings of the Miami CRA. The City Clerk, or his or her designee, shall keep the minutes
of the proceedings of the Miami CRA, maintain a journal of all resolutions, publish notice of
meetings as required by law, and perform all other clerical functions on behalf of the Miami
CRA.
(e) The City shall further provide the Miami CRA with the assistance of any other
City employees, as available, for the services as planning, public works, computer technology,
and other services as may be requested, upon the approval and concurrence of the City Manager.
In furtherance of this provision, the City and Miami CRA shall agree on the services to be
provided by city employees under this provision.
(f) The City and Miami CRA shall enter into a reimbursement agreement for the use
of city employees in furtherance of the provisions of this Agreement.
5.2 Selection of the Executive Director of CRA
The Miami CRA is hereby authorized to select or contract with a person or consultant
with the designated title of Executive Director for the Miami CRA, and to determine the
qualifications, duties and compensation for such position.
ARTICLE VI - RESPONSIBILITIES OF THE MIAMI CRA
6.1 Responsibilities of CRA
(a) The Miami CRA shall be responsible for the planning, development, program
management, technical assistance, coordination, project administration, monitoring and other
services necessary for the completion of the Projects as provided in Exhibits A and B (Parts VI
and VII), attached and incorporated hereto, and as may be amended from time to time. The
Executive Director of the CRA shall be the party designated to manage all work and activities
related to the Projects.
(b) For the financing of projects in future years as part of the City's annual budget
process, the Miami CRA shall prepare and submit to the City a proposal which identifies the
projects or activities to be planned, designed, developed and implemented and carried out by the
CRA prior to the appropriation, allocation and approval of the City's yearly budget.
(c) Any amendments, modifications or alterations of the Projects as funded by the
City on behalf of the CRA shall be by the Executive Director of the Miami CRA upon the
written concurrence of the City.
6.2 Bi-Annual Reports to the City
sB0Pw1CRA 9 8_ 095 OmN,/cRA 9 8- 9
The Miami CRA shall provide to the City bi-annual status reports regarding the Projects.
Such reports shall be provided to the City no later than April 30 and October 30 of each year.
Any reports required pursuant to any related agreement shall be provided in accordance with the
related agreement.
ARTICLE VII - COOPERATION ON COMMUNITY REDEVELOPMENT
INITIATIVES
7.1 Mutual Cooperation Between the Parties.
To further enhance the community redevelopment activities in the City, the City and
Miami CRA hereby agree to:
(a) Work together for the incorporation and support of the legislative priorities and
initiatives of the Miami CRA into the City's legislative priorities and initiatives. In recognition
of the mutual cooperation, the City shall expeditiously seek any City Commission approval, if
required, of any legislative priority or initiative proposed by the Miami CRA.
(b) Work cooperatively upon the approval of any legislative initiative of the Miami
CRA.
(c) Coordinate the delivery of municipal services associated with any Miami CRA
Projects with the scheduling activities of the Project with the Miami CRA, except for law
enforcement activities.
ARTICLE VIII - ESTABLISHMENT OF FIVE YEAR PLAN
8.1 Establishment of Plan.
(a) The City and Miami CRA shall provide for a five (5) year programmatic plan for
projects and activities to be undertaken by the Miami CRA pursuant to this Agreement.
(b) The Miami CRA hereby agrees to be responsible for the preparation of the five
(5) year programmatic plan. Such plan shall be presented for review and acceptance to the City
Commission.
(c) The City hereby agrees to annually fund, subject to the availability of funds and
appropriation by the City Commission, the overall elements of any plan approved by the City
Commission. Any agreement by the City as to annual funding shall be provided by separate by
a separate resolution.
ARTICLE IX - EXECUTION OF RELATED AGREEMENTS
9.1 Execution of Any Required Agreements
E
sEOPw/au 9 8- 3 5 Omw/cRA 9 8- 9
If the nature or use of the HUD Funds, Park Bond Funds or any other source of funding
provided by the City pursuant to this Agreement require the City and Miami CRA to enter into
any subagreements for the Projects or future projects, the parties shall enter into the necessary
subagreement for the specific project. Such agreements shall be in accordance with any federal
rules and regulations governing the use of HUD Funds, the applicable agreement governing the
use of the Park Bond Funds, or any other applicable agreement or provisions of law.
9.2 Execution of Related Agreements
All subagreements required to be entered pursuant to this provision by the City and the
Miami CRA shall be executed by the Executive Director on behalf of the CRA and the City
Manager on behalf of the City upon the approval of the City Commission.
ARTICLE X - TERMINATION
10.1 Termination
This Agreement shall terminate upon the dissolution of the Miami CRA or by a mutual
agreement of the City and Miami CRA. Any termination of a subagreement shall be governed
by the specific provisions as set forth within the subagreement.
ARTICLE XI - REPRESENTATIONS; WARRANTIES; COVENANTS
11.1 Representations and Warranties and Covenants of the City
The City represents, warrants and covenants to the Miami CRA that each of the following
statements is presently true and accurate:
(a) The City is a validly existing municipal corporation organized under the laws of
the State of Florida, has all requisite corporate power and authority to carry on its business as
now conducted and to perform its obligations under this Agreement and each document
contemplated hereunder to which it is or will be a party.
(b) The Miami CRA shall coordinate all community redevelopment activities in the
Redevelopment Areas, and the Miami CRA shall be able to seek supplemental and additional
funding from other resources to support the Redevelopment Plans.
(c) The City shall continue its routine and normal community redevelopment activities
throughout the City, except as provided within this Agreement.
(d) This Agreement has been duly authorized by all necessary action on the part of,
and has been, or will be, duly executed and delivered by the City, and neither the execution and
delivery hereof, nor compliance with the terms and provisions hereof, (1) requires the approval
10
sEOmcm 9 8 -- a 5 owuim 9 8- 9
and consent of any other party, except such as have been duly obtained or as are specifically
noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order
applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit
agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other
agreement or instrument to which the City is a party, or (iii) contravenes or results in any breach
of, or default under, or the City results in the creation of any lien or encumbrance upon any
property of the City.
(e) This Agreement constitutes a legal, valid and binding obligation of the City,
enforceable against the City in accordance with the terms hereof, except as such enforceability
may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time
to time in effect which affect creditors' rights generally and subject to usual equitable principles
in the event that equitable remedies are involved.
(f) There are no pending or, to the knowledge of the City, threatened actions or
proceedings before any court.or administrative agency of the City, or against any officer of the
City, which question the validity of this Agreement or any document contemplated hereunder,
or which are likely in any case, or in the aggregate, to materially adversely affect the
consummation of the transaction contemplated hereunder of the financial condition of the City.
(g) The City has a continuing obligation to pay and shall continue to pay the
guaranteed entitlement for the $11,500,000 Community Redevelopment Revenue Bonds issued
November 8, 1990; and the City shall continue to pay the debt service on the Section 108 loan
in the amount of $4,800,000, secured by the United States Department of Housing and Urban
Development, which was obtained in 1990 and drawn upon in 1994 to assist in the retirement
of the subject Community Redevelopment Revenue Bonds.
(h) The City shall continue to fulfill its obligations to deliver and provide municipal
services in the Redevelopment Areas and the City at large, and should there be a conflict relative
to the provision and delivery of services a decision of the City Attorney shall control.
(i) The City encourages the Miami CRA to apply for and seek state, federal and
corporate grants and support to minimize the impact on the City's taxpayers relative to the
disbursement of federal funds to the City.
11.2 Representations and Warranties and Covenants of the CRA
The Miami CRA represents and warrants to the City that each of the following statements
is presently true and accurate:
(a) The Miami CRA is a body corporate and politic under the laws of the State of
Florida, separate and distinct from the City, has all requisite corporate power and authority to
carry on it business as now conducted and to perform its obligations under this Agreement and
each document contemplated hereunder to which it is or will be a party.
11
sEopwicRA 9 r Omw/cm t
Em
(b) This Agreement has been duly authorized by all necessary action on the part of,
and has been or will be, duly executed and delivered by the Miami CRA.
(c) This Agreement, when entered, constitutes a legal, valid and binding obligation
of the Miami CRA, enforceable against the Miami CRA in accordance with the terms hereof,
except as such enforceability may be limited by public policy or applicable bankruptcy,
insolvency or similar laws from time to time in effect which affect creditors' rights generally
and subject to usual equitable principles in the event that equitable remedies are involved.
(d) The Miami CRA shall timely fulfill, or cause to be fulfilled, all of the conditions
expressed herein which are within the control of the Miami CRA or which are the responsibility
of the Miami CRA to fulfill.
(e) During each year of this Agreement, and the obligations under this Agreement,
shall be in effect, the Miami CRA shall cause to occur and to continue to be in effect those
agreements, instruments, anct documents which are its responsibility under this Agreement.
(f) A copy of any applications made by the Miami CRA to obtain grants of moneys
from resources or entities, including the Federal Government, other than the City shall be
be provided to the City.
(g) The Miami CRA agrees to apply for state, federal and corporate grants and
support to minvnize the impact on the City's taxpayers related to the disbursement of federal
funds to the City.
XII - MISCELLANEOUS
12.1 Meeting Notices to City Manager
The Miami CRA shall provide the City Manager with notices of all of its regular and
special board meetings.
12.2 Entire Agreement
This Agreement, its attachments and any related agreements entered as provided herein
constitute the entire agreement of the parties hereto.
12.3 Modification or Amendment
This Agreement may be amended in writing by the mutual agreement of the City and the
Miami CRA, at any time and from time to time.
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swpwicRA g 8- 3 5 ommicRA 9 8- 9
12.4 Severability
If the City's obligations are found to be invalid or if any one or more of the covenants,
agreements or provisions of this Agreement should be held contrary to any express provision of
law, or contrary to any policy or expresses law, although not expressly prohibited, or against
public policy, or shall, for any reason whatsoever, be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separate from the remaining
covenants, agreements or provisions of this Agreement, which shall remain in full force and
effect.
12.5 Term
This Agreement shall become effective upon execution by the City and Miami CRA, and
upon filing with the Clerk of the Circuit Court of Miami Dade County, Florida, as provided in
Section 12.10 hereof; and shall expire upon termination as provided in Article 10 hereof.
12.6 Assignment
This Agreement shall not be assigned by the Miami CRA, in whole or in part, without
the prior written consent of the City, which may be withheld or conditioned, in the City's sole
discretion.
12.7 No Member Liability.
No covenant, stipulation, obligation or agreement contained herein shall be deemed to
be a covenant, stipulation, obligation or agreement of any present or future member of the
governing body or agent or employee of the City or the Miami CRA in its, his/her or their
individual capacity, and neither the members of the governing body of the City or the Miami
CRA, nor any official executing this Agreement shall be liable personally or shall be subject to
any accountability for reason of the execution by the City of Miami CRA of this Agreement or
any act pertaining thereto.
12.8 Notices
It is understood and agreed between the parties that written notice addressed to the City
Manager or to the Executive Director of the Miami CRA and mailed, certified/return receipt,
or hand delivered to the address appearing on page one (1) of this Agreement shall constitute
sufficient notice to either party.
12.9 Controlling Law
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IROPW/CRA 9 8- 905 OMMICPA 9 8- 9
All covenants, stipulations, obligations and agreements of the City and Miami CRA
contained in this Agreement shall be deemed to be covenants, stipulations, obligations and
agreements of the City and the Miami CRA, respectively, to the full extent authorized by the
Act and provided by the laws of the State of Florida. Proper venue for any proceedings
pertaining to this Agreement shall be in Miami Dade County, Florida.
12.10 Filing and Effective Date
This Agreement shall become effective immediately upon the execution by proper officers
of the City and the Miami CRA, and upon filing with the Clerk of the Circuit Court of Miami
Dade County, Florida, as required by Section 163.01(11), Florida Statutes. The date of such
filing with the Clerk of the Circuit Court shall be the "Effective Date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this Interlocal
Cooperation Agreement as of the day and year first above written.
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
CITY OF MIAMI, FLORIDA
By:
Donald Warshaw, City Manager
14
oPwiCRA 9 8- 3 of 9 8- 9
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
By:
ATTEST: Arthur E. Teele, Jr. Chairman
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Holland & Knight LLP, Counsel
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Holland & Knight LLP, Counsel
Rev. November 9, 1998
MIA4-664557.2/669094.3
version 4
OMNI AREA COMMUNITY
REDEVELOPMENT AGENCY
By:
Arthur E. Teele, Jr., Chairman
15
'oPwic'u 9 8- 35 9 8- 9
3
M
Rev. November 9, 1998
INTERLOCAL COOPERATION AGREEMENT
This INTERLOCAL AGREEMENT ("Agreement") is made as of this day of
1998, among the City of Miami (the "City"), a municipal corporation
organized under the laws of the State of Florida, having offices at 444 S.W. 2nd Avenue,
Miami, Florida 33128, the Southeast Overtown/Park West Community Redevelopment Agency
(the "SEOPW CRA"), a public body corporate and politic of the State of Florida, and the
Community Redevelopment Agency of the Omni Area (the "Omni CRA and together with the
SEOPW CRA, the Miami CRA"), a public body corporate and politic of the State of Florida,
having offices at 300 Biscayne Boulevard Way, Suite 430, Miami, Florida 33131.
WITNESSETH
WHEREAS, it is the purpose and the intent of the Agreement, the parties hereto and the
Florida Interlocal Cooperation Act of 1969, as amended (the "Cooperation Act') to permit the
City and the Miami CRA to make the most efficient use of their respective powers, resources
and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby to
provide the services and achieve the results as provided for herein; and
WHEREAS, the Miami CRA was created pursuant to the adoption of Ordinance Nos.
1677-82 and 11248-95; and
WHEREAS, the City approved and adopted the Southeast Overtown/Park West
Community Redevelopment Plan, pursuant to Resolution Nos. 82-755 and 85-1247, and the
Omni Area Redevelopment Plan, pursuant to the Resolution Nos. 86-868 and 87-604 (hereinafter
referred to as "Redevelopment Plans"); and
WHEREAS, pursuant to Section 163.410, Florida Statutes, Miami Dade County has
delegated community redevelopment powers to the City; and
WHEREAS, the Miami CRA is responsible for carrying out community redevelopment
activities and projects in the Omni Redevelopment Area and the Southeast Overtown/Park West
Redevelopment Area (hereinafter referred to as "Redevelopment Areas") established pursuant
to the Redevelopment Plans; and
WHEREAS, the boundaries for the Redevelopment Areas are provided for in Exhibit D,
attached and incorporated hereto, as may be amended from time to time; and
WHEREAS, it is the purpose of the Cooperation Act to provide a means by which the
City and the Miami CRA may jointly exercise their respective powers, privileges and authorities
that they share in common and that each might exercise separately, but which pursuant to this
Agreement and the Cooperation Act they may exercise collectively, including but not limited to
1
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the manner of employing, engaging and compensating personnel and the manner of providing
financial assistance and resources needed to accomplish the planning, design, development and
implementation necessary for the undertaking and carrying out of the community redevelopment
projects in the Redevelopment Areas as provided herein; and
WHEREAS, the City and Miami CRA desire herein to provide for their mutual and
respective understandings, agreements, rights, duties and obligations pertaining to the planning,
development and implementation of the Projects (as hereinafter defined) and the necessary staff,
consultants or others related to the Projects; and
WHEREAS, the City and Miami CRA desire to facilitate the financing and undertaking
of the Projects for the current Fiscal Year and for future years, pursuant to the terms of this
Agreement and related agreements as provided herein; and
WHEREAS, the Cooperation Act and the Florida Community Redevelopment Act of
1969 (collectively referred to_ as the "Act') permit intergovernmental coordination between the
City and Miami CRA for the provision of services that are needed by the Miami CRA and the
City, and the City is willing to provide certain services relating to financial support, the use of
certain city employees for the performance of services and other assistance necessary for the
Projects and future projects; and
WHEREAS, the financing of the Projects and providing of employees to carry out the
services associated with the Projects will further the governmental purposes and be of substantial
benefit to the City and the Miami CRA; and
WHEREAS, the Miami CRA's provision of program management, technical assistance,
project administration, planning, coordination, development and other services necessary for the
Projects will further the interests of the Miami CRA and the City and shall serve a public
purpose by, among other things, aiding in the elimination of blight, advancing the public health
and general welfare and will result in the coordination, development, implementation and
completion of the Projects in the Redevelopment Areas; and
WHEREAS, it is necessary and appropriate for the parties to provide the
intergovernmental cooperation for the undertaking and carrying out of the Projects and for the
parties to cooperate and jointly proceed as provided herein;
NOW, THEREFORE, in consideration of the Miami CRA agreeing to take responsibility
for the program management, technical assistance, project administration, planning,
coordination, development and other services, staff, consultants and others necessary for the
Projects and the agreement by the City to designate certain city employees to render services
related to the Projects and moneys received from time to time from the United States Department
of Housing and Urban Development, the Miami Dade County Safe Neighborhood Park Bonds
and any other financial resources as determined by the City Commission of the City, the City
and the Miami CRA agree as follows:
2
SWPW/CRA 9 8- 3 5 `o �c�a - 9
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INTERLOCAL NT
Between City of Miami, Southeast O ertowwTa k es CRA and Omni Area C RA
_. ---% + — r luancim Kesourc" to
Provided by City
4.1 City's commitment to funding,
4.1 (a) Five Year Funding Plan
4.2 Base Year for Funding Purposes
-mccts mean the community redevelopment projects and activities, capital park improvements and
other activities or programs described in Exhibits A and B (part VI and Vlly
Establishes a cooperative relationship between City and CRAB to undertake and carry out the financing foi
the program management, technical assistance, program administration, coordination, monitoring,
deveIopment and services of staff) consultants and others.
• Designates the CRAB as the exclusive party responsible for the planning, development, pro management, technical assistance, coordination, project administration, monitoring, and other program
for the completion of the Projects.
• Declares the CRAB to a subgrantee of City for HUD Funds
• City agrees to provide full financial support to CRAs for the above -described services needed for the
projects, by establishing a 5-Year Funding Plan.
• 5 Year Funding Plan to be established by a separate resolution
• Funding to be subject to the annual appropriation,
• Funding Plan to be coordinated with 5 ear program Plan(See q�pPiOV f the City Commission
e VfU
• Requires a yearly amendment to the agreement to include the funding to CRAB and projects to be
undertaken.
• Establishes FY 1999 as a Base Year for the purposes of calculating the City's ongoing commitment to
fund activities under the Interlocat Agreement and provides funding to the CRAB for FY 1999 as
follows
• Programs Funds of $767,222 from HUD Funds for the Projects - Sec. 4.2(ax1)
• General Fund Support of $279,488 — Sec. 4.2 (b)
• Continuing City Payment of guaranteed entitlement associated with the Community
Redevelopment Revenue Bonds 1990 Series and the debt services on the Section 10 Lo
approved in 1990 and drawn upon in 1994 - Sec. 4.20 (1) and (2) an
• Establishes FY 1998 as the Base Year for establishing funding needed for human resources
support — Sec. 4.2(d)
• Permits the City to provide other financial support as approved and provided by the City
Commission — Sec. 4.2.(e)
ARTICLEISECTION
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4.3 Reallocation and Rollover of
• Provides for any unexpended funds at the end of any fiscal year to be reallocated and carried over into
the next fiscal year for the Miami CRA, subject to
co
Unexpended Funds
any related agreement and subject to the approval
and receipt of such funds from HUD
cott
• Permits the presence of unexpended funds at the end of a fiscal year to not be a negative factor for
future funding of the CRAB
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4.4 Disbursement of Funding to Fiduciary
of Miami CRA
. Provides CRAB with full and complete control and custody of moneys collected a
approved, provided
for and authorized for the CRAB by the City or any
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other governmental entity
Provides for the moneys to be deposited with a fiduciary as determined by the Miami CRA
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• Continues the provision of services and support related to the funds by the City's Offices of
Management and Budget and Financing
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Article V - Personnel and Other
I
Resources to he Provided by City
J
5.1 Use of City Personnel
. City to provide and designate a number of city employees to serve as full-time staff of the CRAB for
the provision of the aforementioned services.
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• City Manager authorized to provide for the annual detailing of city employees for services to CRAs,
• Any new employees of CRAs, after the effective date
Q
of the agreement, shall not be city employees
unless otherwise agreed
of
=
• City employees servicing the CRAB shall continue to receive all their city benefits, but the CRAB shall
determine their duties and supervision.
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City Attorney to serve as general counsel to CRA.s, unless the CRAs otherwise select a general
counsel
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1-4
• City Clerk to serve as official custodian of records and documents for CRAs, keep minutes of
meetings, publish notice of
co
meetings, etc.
• Any other employees may be provided, as available, for other support services as planning, computer
technology, public works, upon the approval and
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concurrence of the City Manager
• City and CRAB to enter into a reimbursement agreement for use of city employees.
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ARTICLE/SECTION
5.2 Selection of Executive Director of
CRA
CRA to select and employ a person or consi
duties and compensation for the position.
Article VI Responsibilities of Miami
CRA
6.1 Responsibilities of CRA
• Responsible for the planning, developm
project administration, monitoring and c
Projects.
• Designates the Executive Director of C1
Projects
• For financing of projects in future years,
City's appropriation, allocation and app,
and activities to be undertaken by the Cl
• Provides by amendments, alterations on
written concurrence of the City.
6.2 Bi-Annual Reports to the City
CRA to provide bi-annual status reports to d
the projects.
7.1 Mutual Cooperation Between the
Part
Incorporation and support of the legislative p
priorities and initiatives and City and CRA tc
initiative of the CRAB.
Article VM — Establishment of Five Year
Plan
S.I Establishment of Plan
• Provides for the City and CRAB to provic
undertaken by the CRAB.
• Plan requires the review and acceptance c
• Provides for city's agreement to fund, sul
Commission, the overall plan as 11013rover
3
iltant as Executive Director and to determine qualifications,
Mt, program management, technical assistance, coordination,
ther services necessary for the completion of the designated
:A as the party to manage all work and activities related to the
the CRA shall prepare and submit to the City, prior to the
oval of its budget. a proposal which identifies the projects
LAs.
projects by Executive Director on behalf of the CRA and
e City, no later than April 30 and October 30 of each year, on
— --a«S u[4unL1ves or Me UKAs into the City's legisl,
work cooperatively upon the approval of any legislative
e for a 5 year programmatic plan for projects to be
,f the City Commission
ject to the availability of funds and appropriation by the City
by the City Commission
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for funding to be
Article IX — Execution of Related
Agreements
9.1 Execution of Any Required Provides for subagreements as may be required by the funding sources, as HUD or Miami Dade County,
Agreements for the use of HUD funds or Safe Neighborhood park Bond Funds, to be entered on behalf of the CRA by
9.2 Execution of Related Agreements the Executive Director and the City Manager on behalf of the City
Commission.
after the approval of the City
10.1 Termination
Article XI — Re r p esentations; Warran
Covenants
11.1 Representations and Warranties
CA and Covenants of the City
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11.2 Representations and Warranties and
Covenants of the CRAs
• Interlocal Agreement terminates upon the dissolution of the CRAs;
• Termination of subagmement to be governed by the subagreement
• CRAs shall coordinate all community redevelopment activities in the Redevelopment Areas, and shall
be able to seek supplemental and additional funding from other resources Redevelopment Plans — Sec. I1.1(a) to support the
• City shall continue its routine and normal community redevelopment activities throughout the City,
except as provided for with the Interlocal Agreement — Sec. 11.1
• City has a continuing obligation to pay and shall PaY the
guarnteed Community Redevelopment Revenue Bonds issued November 8, 990t�and shall cotlement for n inue to pay the
debt service on the Section 108 Loan, obtained in 1990 and drawn upon in 19994, secured by HUD —
Sec. 11.1(g)
• City to continue to fulfill its obligations to deliver and provide municipal services in th
relative to the delivery of services - Sec. I L 1(h) e
Redevelopment Areas and the City at large, and a decision of the City shall control if there is a conflict
• City encourages the CRAs to apply for and seek state, federal and cor
Sec. 11.1(I) orate and support to
minimize the impact of the City's taxpayers relative of federal funds to
ve to the disbursemthe City —
• CRAs shall timely fulfill, or cause to be fulfilled, all of the conditions within the control or which are the responsibility of the CRAs — Sec. 11.2(d) of the CRAs
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' CRA to provide the City with copies of any applications to obtain grant moneys from other resources
or entities
• CRA agrees to apply for state, federal and corporate grants and support to minimize the impact on the
City taxpayer's related to the disbursement of federal funds to the City
Article &H - Miscellaneous
• Provides for regular and special meeting notices to City Manager —Sec. 12.1
• Amendments to the agreement must be writing _ Sec. 12.3
• Severability, of any provision held to be invalid — Sec. 124
• Agreement effective upon execution by City and CRAB and upon filing with Clerk of Circuit Court —
Sec. I2.5
' Prohibits an assignment of the Agreement — Sec. 12-6
• Provides for notices to parties —Sec, 12-8
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Purpose
Article 4 — Finan,
Provided by City
INTERLOCAL AGREEMENT
Between City of Miami, Southeast Overtown/PArk West CRA and Omni Area CRA
to
4.1 City's commitment to funding.
4.1(a) Five Year Funding Plan
rroJec[s - mean the community redevelopment projects and activities,
other activities or programs described in Exhibits A and B (Part VI and
- - ---, -.-- . -Lwt.a,uy —t-curt %-iEy and uxAs to undertake and carry out the financing fol
the program management, technical assistance, program administration, coordination, monitoring,
development and services of staff, consultants and others.
• Designates the CRAB as the exclusive party responsible for the planning, development, program management, technical assistance, coordination, project administration, monitoring, and other services
for the completion of the Projects.
• Declares the CRAB to a subgrautee of City for HUD Funds
• City agrees to provide full financial support to CRAs for the above -described services needed for the
projects, by establishing a 5-Year Funding Plan.
• 5 Year Funding Plan to be established by a separate resolution
• Funding to be subject to the annual appropriation, allocation and approval of the City Commission
• Funding Plan to be coordinated with 5 Year Program Plan(See Article V1II
• Requires a yearly amendment to the agreement to include the funding to CRAs and projects to be
undertaken.
4.2 Base Year for Funding Purposes • Establishes FY 1999 as a Base Year for the purposes of calculating the City's ongoing commitment to
fund activities under the Interlocal Agreement and provides funding to the CRAB for FY 1999 as
follows
• Programs Funds of $767,222 from HUD Funds for the Projects - Sec. 4.2(axl)
• General Fund Support of $279,488 — Sec. 4.2 (b)
• Continuing City Payment of guaranteed entitlement associated with the Community
Redevelopment Revenue Bonds 1990 Series and the debt services on the Section 108 Loan
approved in I990 and drawn upon in 1994 - Sec. 4.20 (1) and (2)
• Establishes FY 1998 as the Base Year for establishing funding needed for human resources
support — Sec. 4.2(d)
• Permits the City to provide other financial support as approved and provided by the City
Commission — Sec. 4.2.(e)
9
s
• Provides for any unexpended funds at the end of any fiscal year to be reallocated and carried over into
4.3 Reallocation and Rollover of the next fiscal year for the Miami CRA, subject to any related agreement and subject to the approval
Unexpended Funds and receipt of such funds from HUD
• Permits the presence of unexpended funds at the end of a fiscal year to not be a negative factor for
future funding of the CRAB
4.4 Disbursement of Funding to Fiduciary . Provides CRAB with full and complete control and custody of moneys collected, approved, provided
of Miami CRA for and authorized for the CRAs by the City or any other governmental entity
• Provides for the moneys to be deposited with a fiduciary as determined by the Miami CRA
• Continues the provision of services and support related to the funds by the City's Offices of
Management and Budget and Financing
Resources to be Provided by City
5.1 Use of City Personnel • City to provide and designate a number of city employees to serve as full-time staff of the CRAB for
the provision of the aforementioned services.
• City Manager authorized to provide for the annual detailing of city employees for services to CRAB,
• Any new employees of CRAs, after the effective date of the agreement, shall not be city employees
unless otherwise agreed
• City employees servicing the CRAB shall continue to receive all their city benefits, but the CRAB shall
determine their duties and supervision.
• City Attorney to serve as general counsel to CRAs, unless the CRAB otherwise select a general
counsel
• City Clerk to serve as official custodian of records and documents for CRAs, keep minutes of
meetings, publish notice of meetings, etc.
• Any other employees may be provided, as available, for other support services as planning, computer
technology, public works, upon the approval and concurrence of the City Manager
• City and CRAB to enter into a reimbursement agreement for use of city employees.
2
ARTICLE/SECTIOPI
5.2 Selection of Executive Director of
CRA CRA to select and employ a person or consultant as Executive Director and to determine qualifications,
duties and compensation for the position.
Article VI- Responsibilities of Miami
CRA
6.1 Responsibilities of CRA • Responsible for the planning, development, program management, technical assistance, coordination,
project administration, monitoring and other services necessary for the completion of the designated
Projects.
• Designates the Executive Director of CRA as the party to manage all work and activities related to the
Projects
• For financing of projects in future years, the CRA shall prepare and submit to the City, prior to the
City's appropriation, allocation and approval of its budget. a proposal which identifies the projects
and activities to be undertaken by the CRAs.
• Provides by amendments, alterations on projects by Executive Director on behalf of the CRA and
written concurrence of the City.
6.2 Bi-Annual Reports to the City CRA to provide bi-annual status reports to the City, no later than April 30 and October 30 of each year, on
the projects.
7.1 Mutual Cooperation Between the Incorporation and support of the legislative priorities and initiatives of the CRAB into the City's legislative
Parties priorities and initiatives and City and CRA to work cooperatively upon the approval of any legislative
initiative of the CRAB.
Article VIH — Establishment of Five Year
Plan
8.1 Establishment of Plan • Provides for the City and CRAB to provide for a 5 year programmatic plau for projects to be
undertaken by the CRAB.
• Plan requires the review and acceptance of the City Commission
• Provides for ciy's agreement to fund, subject to the availability of funds and appropriation by the City
Commission, the overall plan as approved by the City Commission
44
E
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ARTICLE/SECTION
• Agreement for funding to be provided by
Article IX — Execution of Related
Agreements
9.1 Execution of Any Required
Provides for subagreements as may be require
Agreements
for the use of HUD funds or Safe Neighborho
9.2 Execution of Related Agreements
the Executive Director and the City Manager 4
Commission.
10.1 Termination
• Interlocal Agreement terminates upon the
• Termination of subagreement to be gover
Article XI —Representations; Warranties;
Covenants
11.1 Representations and Warranties
• CRAs shall coordinate all community rede
and Covenants of the City
be able to seek supplemental and additiow
Redevelopment Plans — Sec. 11.1(a)
• City shall continue its routine and normal s
except as provided for with the Interlocal I
• City has a continuing obligation to pay and
Community Redevelopment Revenue Boni
debt service on the Section 108 Loan, obta
Sec. 11.1(g)
• City to continue to fulfill its obligations to
Redevelopment Areas and the City at large
relative to the delivery of services - Sec. 1
• City encourages the CRAB to apply for and
minimize the impact of the City's taxpayer.,
11.2 Representations and Warranties and
Sec. 11.1(1)
Covenants of the CRAB
• CRAs shall timely fulfill, or cause to be full
or which are the responsibility of the CRAs
resolution.
d by the funding sources, as HUD or Miami Dade County,
od Park Bond Funds, to be entered on behalf of the CRA by
)n behalf of the City after the approval of the City 1
dissolution of the CRAB;
ned by the subagreement
velopment activities in the Redevelopment Areas, and shall
11 funding from other resources to support the LID
%ommunity redevelopment activities throughout the City,
kgreement — Sec. 11.1
l shall pay the guaranteed entitlement for the $11,500,000
Is issued November 8, 1990, and shall continue to pay the
,fined in 1990 and drawn upon in 19994, secured by HUD —
deliver and provide municipal services in the _
and a decision of the City shall control if there is a conflict
1.1(h)
seek state, federal and corporate grants and support to
relative to the disbursement of federal funds to the City —
Filled, all of the conditions within the control of the CRAs
—Sec. 11.2(d)
• CRA to provide the City with copies of any applications to obtain grant moneys from other resources w
m
or entities
• CRA agrees to apply for state, federal and corporate CL
City taxpayer's related to the disbursement of fader funds to the City minimize the impact on the Q l
• Provides for regular and special meeting notices to City Manager — Sec. 12.1 ~
0
• Amendments to the agroement must be writing — See. 12.3 ~ �J
• Severability of any provision held to be invalid — Sec. 124
• Agreement effective upon execution by City and CRAB and upon Fling with Clerk of Circuit Court —
Sec. I2.5
• Prohibits an assignment of the Agreement — Sec. 12-6
• Provides for notices to parties — Sec. 12-8
a.
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INTERLOCAL COOPERATION AGREEMENT AS OFFERED BY CITY MANAGER'S OFFICE
ARTICLE/SECTION SYNPOSIS
ARTICLE I AUTHORITY
ARTICLE II DEFINITIONS AND EXHIBITS
ARTICLE III FINANCIAL RESOURCES TO BE PROVIDED BY THE CITY
Section 3.1 City's Commitment to Funding.
• Provides funding for 1999 budget year only as follows:
• 3.1.1 General Fund Contribution - $279,488.00 for administrative
expenses of the CRAs.
• 3.1.2 State of Florida Revenue Sharing - $300,000 to pay the debt
service related to Community Redevelopment Revenue Bonds
1990 Series.
• 3.1.3 Tax Increment Revenues - Pledges City's proportionate
share of annuls funding of the redevelopment trust funds for the
CRAs.
• 3.1.4 Project Funds - Provides for projects in EXH C to be
funded in an amount approved by the City Commission/Oversight
Board, and in accordance with any later executed subagreements.
• 3.1.5 Payments from the DOSP - Provides for approximately
$330,000 from DOSP per Assignment of Leases executed by City
in favor of CRA.
• 3.1.6 Reallocation and Rollover of Unexpended Funds - Permits
any funds for projects remaining at the end of the any Fiscal Year
may be reallocated and carried over into the next fiscal year,
subject to approval of the City Commission /Oversight Board
• 3.1.7 Other Expenditures - Permits the City to provide other
financial resources as approved by the City
Commission/Oversight Board by an amendment to the interlocal
agreement.
• 3.1.8 Funding for Future Fiscal Years - Provides the City may
allocate funds to the CRAs in future years to carry out and
undertake additional projects as identified in the Plans, subject to
the availability of funds and approval of City Commission.
ARTICLE IV PERSONNEL AND OTHER RESOURCES
TO BE PROVIDED BY THE CITY
Section 4.1 Use of City Personnel
Section 4.1.1.
• City Manager, at his sole discretion, may provide for the detailing of
cmployees for service to the CRAs to carryout and undertake
go
C115
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ARTICLE/SECTION
SYNPOSIS
,projects.
• Provides for the 2 employees identified in EXII E to work for the
CRAs
• Provides for any new employees of the CRA to not be city employees.
Section 4.1.2
• Provides for the 2 existing employees of the CRAB to continue to
receive all benefits provided to other city employees and for duties
and supervision of the employees to be determined by the Executive
Director of the CRAB.
Section 4.1.3
. Provides for the City Attorney to serve as counsel to the CRAB unless
the CRAB select an individual or firm to serve as their counsel
• Provides that if the CRAB select their own counsel, the CRAB shall be
responsible for the payments of fees and costs
Section 4.1.4
. Provides for the City Clerk to serve as the official record custodian for
the CRAS, keep minutes, maintain journal, publish notices, etc.
Section 4.1.5
• At the sole discretion of the City Manager, the assistance of other city
employees may be provided to implement projects upon request of the
CRA.
Section 4.2 Selection of the Executive Director
• Provides for the Cars to select or contract with a person or consultant
to serve as Executive Director
ARTICLE V BUDGETARY AND PROJECT REPORTS TO THE CITY
Section 5.1 Annual Budget
• Provides for the Cars to submit an annual budget for review and
approval to City Commission during its budgetary review process
C+^
•�
•
ARTICLE/SECTION
SYNPOSIS
• Requires the submitted budgets to include all revenue sources and
projected expenditures for the each CRA.
• Acknowledges that 1999 FY budget s for the CRAs have been
approved.
Section 5.2 Project Status Reports.
• Provides for BI-annual status reports on projects by the CRAB to the
City no later than April 30 and October 31 of each year.
ARTICLE VI EXECUTION OF SUB -AGREEMENTS
Section 6.1 Required Sub -agreements
• Requires parties to enter into any sub -agreements, if required for the
use of the funds, for the funding of projects
Section 6.2 Execution of Sub -agreements
. Provides for the City Manager and Executive Director to execute any
subagreements after approval of governing bodies and oversight
board.
ARTICLE VII TERNIINATION
Section 7.1 Termination of Agreement
• Terminates upon dissolution of the CRAs or by mutual agreement of
the parties.
Section 7.2 Termination of Sub -agreements
• To be governed by specific provisions within the subagreement.
ARTICLE VIII REVIEW AND FUNDING OF SEOPW PLAN AND OMNI PLAN
Section 8.1 Annual Review of SEOPW Plan And Omni Plan
• Provides for the City and CRAB to annually review the
Redevelopment Plans of the CRAB to identify specific projects to be
carried out by the CRAB
• Permits the City to enter into subagreements with CRAB for
additional projects, subject to the availability of funds and
appropriation by the City Commission
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ARTICLE/SECTION SYNPOSIS
ARTICLE IX MISCEL ANEOUS PROVISIONS
EXHIBITS
A - BOUNDARIES OF SEOPW REDEVELOPOMENT DISTRICT
B - BOUNDARIES OF OMNI REDEVELOPMENT DISTRICT
C - COMMUNITY DEVELOPMENT PROJECT DESCRIPTION FISCAL YEAR'99
1. Technical Assistance Grant - $369,000 of CDBG to provide technical assistance to CDCS and developers in connection with 244 homeownership housing
units for low and moderate income residents of Overtown CDBG Target Area
2. Homeownership Program - $262,0000 from Home Investment Partnership Program funds to support a home buyers pre qualification program for item 1
above.
3. Reprogrammed funds from underutilized CDBR Allocations - $393,000 from prior allocations committed to CRA for development activities and
$100,000 for the CRA CLUC 90 Pilot Program.
D. FISCAL YEAR 1999 BUDGET FOR SEOPW CRA AND OMNI CRA
E. CITY OF MIAMI EMPLOYEES ASSIGNED TO SEOPW AND OMNI CRA
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People United To Lea&Tfie Struggle For Equality, Inc.
t:YrtoC{I N� ClltitU�! UF' �!<(1WY�i`IL[,K .
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(IM061 Motlpc%CK 0,OWTVCOY
November 9, 1998
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!�!'1iPtA Iit �ltl#A 1"ItAi'iI�T I}L>�CIP
D6nald Warshaw, City Manager
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BADE INT1't(i91 t�XYnrt0w,
r?sr:+rt Kln r>nt� °ngnr r iPlmrl1
People 1Jtrsted To Lead the St' 'tuggle For
F'![CIf1A�t 1A1L�'��� rllr r�l
Equality, }ity, (P.U1,L-S,F) will be
4ttend1ng the ij5con ing, Community Redevelopment Agency
Gt1F4`I'� [tlrL�`�It4�'1' N it �1111KC}t
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NAl'1'i 13�f1itwY`.S
tilawiY r presentatirTes speak inbehalf of thy: ci�mrrttlrtity, the are
)l)t tiIANI PARk' d4"r1,Ct rnt icH
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CC' Arthur 'feele, City Commissioner
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92 STAf. 2436 PUBLIC LAW 95-568—NOV. 2, 1978
42 USC 2950,
(e) Part A of title VI of the Act (42 U.S.C. 2941 et seq.) is amended
2951.
by redesignating section 610 as section 609 and section 610-1 as section
610.
42 USC 2951.
(f) Section 610(b) of the Act, as so redesignated by subsection (e),
is amended by striking out "$6,000" and inserting in lieu thereof
"$8,000".
(g) Section 615 of the Act (42 U.S.C. 2965) is amended by striking
out "eleven" and inserting in lieu thereof "fourteen".
(h) Section 620 of the Act (42 I".S.C. 2970) is amended by striking
out the last sentence thereof.
(i) Part. A of title VI of the Act (42 U.S.C. 2940 et seq.) is amended
42 USC 2971,
by striking out section 621, and by redesignating section 622 through
2971a-2971g.
section 628 as section 621 through section 627, respectively.
(j) Section 632(3) of the Act (42 U.S.C. 2974(3)) is amended by
inserting after "time." the following new sentence: '`The Director
shall consult with community action agencies and State offices of
economic opportunity in the development of such plan.".
(k) Part B of title VI of the Act (42 U.S.C. 2972 et seq.) is amended
42 USC 2980.
by redesignating section 638 as section 639 and by inserting after sec-
tion 637 the following new section:
REGIONAL OFFICES
42 USC 2979a.
"SEC. 638. (a) The Director may utilize regional Community Serv-
ices Administration offices for the purpose of—
"(1) carrying out the national responsibilities and directives
dele ated to them;
"2)
processing and finalizing grants and contracts authorized
under this Act;
"(3) monitoring and evaluating programs funded under this
Act within that designated region;
"(4) monitoring and evaluating on an annual basis all relevant
regulations and guidelines applicable to programs funded under
this Act within that designated region; and
"(5) providing technical assistance to local community action
agencies and other programs funded under this Act.
"('b) The Director shall monitor
and evaluate at least annually the
activities of regional offices as described in subsection (a) .".
COMMUNITY ECONOMIC DEVELOPMENT
.42 USC 2981b. SEC. 14. (a) Section 703 of the Act (42 U.S.C. 2981(b) ) is amended
to read as follows:
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 703. For the purpose of carrying out this title, there is author-
ized to be appropriated $70,000,000 for fiscal year 1979, $85,000,000 fe'•
fiscal year 1980, and $105,000,000 for fiscal year 1981. Any sums appro-
priated under this section shall remain available until expended.".
(h) Title VII of the Act (42 U.S.C. 2981 et seq.) is amended by
inserting after section 703 the following new section:
"ADVISORY COMMUNITY INVESTMENT BOARDS
Establishment. "SEC. 704. (a) The President is authorized to establish a National
42 USC 2981c. Advisory Community Investment Board (hereinafter in this section
referred to as the `Investment Board'). Such Investment Board shall
s"wic.'n,�' 9 8- 3 5 omm/cRA9 8- 9
PUBLIC LAW 95-568—NOV. 2, 1978 92 STAT. 2435
cipating in and served by programs and projects assisted under this
part about such programs and projects.
"(d) The Secretary shall publish the results of evaluative research
Research studies
and summaries of evaluations of program and project impact and effec-
and evaluation
tiveness not later than 90 days after the completion thereof. The
summaries,
submission to
Secretary shall submit to the appropriate committees of the Congress
congressional
co
copies of all such research studies and evaluation summaries.
p
committees.
"(e) The Secretary shall take the necessary action to assure that all
studies, evaluations, proposals, and data produced or developed with
assistance under this section become the property of the United States.
"TECHNICAL ASSISTANCE AND TRAINING
"SEC. 556. The Secretary may provide, directly- or through grants or Grants.
other appropriate arrangements (1) technical assistance to Follow 42 USC
Through programs in developing, conducting, and administering pro- 2929b-3.
grams under this part, and (2) training for specialized or other person-
nel which is needed in connection with Follow Through programs.".
DAY CARE PROJECTS
SEC. 12. Section 583 of the Act (42 U.S.C. 2933) is amended by
striking out "ten" and inserting in lieu thereof "thirteen".
AD➢IINISTRATION AND COORDINATION
SEC. 13. (a) (1) The first sentence of section 601(c) of the Act (42
U.S.C. 2941(c) ) is amended by striking out "Subject to the provisions
of subsection (e) of this section, the" and inserting in lieu thereof
"The".
(2) The last sentence of section 601(c) of the Act (42 U.S.C.
2941(c) ) is amended to read as follows: "The Director shall promul-
gate rules and regulations regarding the final approval of grants and
contracts.".
(3) Section 601 of the Act (42 U.S.C. 2941) is amended by striking
out subsections (e), (f), (g),and (h).
(b) Section 602(d) of the Act (42 U.S.C. 2942(d)) is amended by
striking out "with the approval of the President,".
(c) (1) The first sentence of section 605(a) of the Act (42 U.S.C.
2945 (a)) is amended by striking out "twenty-one" and inserting in
lieu thereof "fifteen".
(2) The second sentence of section 605(a) of the Act (42 U.S.C.
2945 (a)) is amended to read as follows: "Of such members, five shall
be appointed from among poor persons, five shall be appointed from
among individuals who represent poor persons, and five shall be
appointed from among members of the general public.".
(3) Section 605 of the Act (42 U.S.C. 2965) is amended by adding
t the end thereof the following new subsection:
"(d) The Advisory Council may not make expenditures or incur
obligations, from sums available to carry out this section, which
exceed $225,000 for fiscal year 1979, $250,000 for fiscal year 1980, and
$275,000 for fiscal year 1981.".
(d) Section 608 of the Act (42 U.S.C. 2948) is amended by inserting
before the period at the end thereof a comma and the following: "and
shall include the types of services delivered by community action agen-
cies and other programs funded under this Act".
42 USC 2945.
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