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HomeMy WebLinkAboutSEOPW-CRA-M-99-0003ISO west rissw 3t SK suite is 15 MML FLoft 33 00 PhOW (305) 347.5633 Foe (303) 371.3160 February 5, 1999 Mr. Donald Warshaw City Manager 444 SW 2nd Ave= loth Floor Miami, FL 33130 Re: Omni - & SE Overtown Park West CRA Dear Mr. Warshaw: sONUT G. X"TrY Wes) 7W77m �!!Lra 1{wy-ft Robot M s�etea, o� �w.r The Financial Emergency Oversight Board's Contract Review Committee (hereinaf cr the "Committee") has received and reviewed the Interlocal Cooperation Agreement and documents related to the of Miami's °�� City request for $3.022,349 for the captioned entities. The Committee would greatly appreciate receiving the City's response to the following: 1. What is the nature of the fisenl oversight the City intends to maintain over the requested Awds once the transfer to the CRA is complete? Stated another way, is the CRA subject to any operational or fiscal controls of the City as it relates to the funding it seeks from the City? 2. What is the source of the fiords the CRA is requesdag? status? 3. What is the legal and operational significance of the subgrantee and gmntcc 4. In the City's opinion, once the CRA receives the funds requested, are the contracts entered into or the Rends expended by the CRA widda t Board's review? he purview of the Oversight 5. What is the status of the CPA audit? Is the audit designed or intended to identitjr whether city funds and resources were used for the benefit of City residents? Please explain. Your cooperation in this matter is greatly appreciated, Sincerely, Roberta. Beatty, RCiB/lanc Contract Review Committee MU4499157 170/00 ' d 0K0£tt£6666tt£944 Ol 6644 68L S0£ 'HE)"' QNti"1-CH ad SZ : 9 j 666 j So ®d SEOPW/CRA9 9 _ `k i 01(E SI(iHT BOARD 150 West Flagler Street, Suite 1815 Miami, Florida 33130 Phone (305) 347-5 3 Fax (305) 371-3160 February 5, 1999 Mr. Donald Warshaw City Manager 444 SW 2nd Avenue loth Floor Miami, FL 33130 Re: Omni & SE Overtown Park West CRA Dear Mr. Warshaw: ROBERT G. BEATTY (305) 789-7763 Adolfo Heruique, Chairman Robert Q. Beatty Cynthia W. Curry Maria Camna t.eiv Sheldon D.Sehne The Financial Emergency Oversight Board's Contract Review Committee (hereinafter, the "Committee") has received and reviewed the Interlocal Cooperation Agreement and other documents related to the City of Miami's request for $3,022,349 for the captioned entities. The Committee would greatly appreciate receiving the City's response to the following: 1. What is the nature of the fiscal oversight the City intends to maintain over the requested funds once the transfer to the CRA is complete? Stated another way, is the CRA subject to any operational or fiscal controls of the City as it relates to the funding it seeks from the City? 2. What is the source of the funds the CRA is requesting? 3. What is the legal and operational significance of the subgrantee and grantee status? 4. In the City's opinion, once the CRA receives the funds requested, are the contracts entered into or the funds expended by the CRA within the purview of the Oversight Board's review? 5. What is the status of the CRA audit? Is the audit designed or intended to identify whether city funds and resources were used for the benefit of City residents? Please explain. Your cooperation in this matter is greatly appreciated. Sincerely, Robert G. Beatty, Chain, Contract Review Committee RGB/kmc MIA4-699I57 �. 9 9 - f OMNI/CRA M-99-1 SEOPW/CRA M-99-1 FINAL REVISED AG NI) Southeast Overtown/Park West and Omni Redevelopment Districts Board of Directors Meeting Doubletree Grand Hotel 1717 North Bay Shore Drive Miami, Florida March 8, 1999 5:00 PM AGENDA I. Discussion of KPMG Peat Marwick fee proposals to perform various audit -related professional services on behalf of the Community Redevelopment Agency (the "CRA"). a. Review of audits previously conducted of the Southeast OvertowrJPark West Trust Fund for Fiscal Years 1982 through 1998, as authorized by SEOPW/CRA R-98-26. b. Study of trends, practices and other factors affecting the tax base of the CRA and the scope of services to be performed relative to the study, as authorized by SEOPW/CRA R-98-27 and Omni/CRA R-98-7, C. Study of the effect of property ownership conversion to governmental or tax exempt organizations may be having on the CRA's ability to remove slum and blight from the Southeast Overtown/Park West and Omni Redevelopment Areas and the scope of services to be performed relative to the study, as authorized by SEOPW/CRA R-98-28 and Omuu/CRA R-98-8, d. Performance of a risk assessment audit of the Poinciana Village Condominiums project from the commencement of such project, with such audit including, but not limited to an examination of commitments made to the project's developer, commitments made by the project's developer to individual buyers at the time of unit purchases and monies lost in the project by other investors, as authorized by SEOPW/CRA R-98-29. C. Feasibility study of phase IV of the Poinciana Village Condominiums project to determine the feasibility of phase IV being completed as 91 condominium units, 125 room hotel or a 125 room nded stay facility, as authorized b &OPW/CRA R-98-29.1. Performance of a management audit of the Homeowner's Association of Poincian Village Condominiums project and the scope of services, as authorized b SEOPW/CRA R-98-29.2. g. Performance of a financial audit of the parking revenues generated from parkin, lots within the community redevelopment areas and to be paid to the CRA by tht City of Miami's Department of Off -Street Parking pursuant to the assignment o leases from the City of Miami to the CRA, as authorized by SEOPW/CRA R-98. 30. SEDPW/CRA M-99-2 2. Discussion of the status of the Sawyer's Walk project DISCUSSED 3. Status report of the Special Counsel regarding the preparation of a written report analyzing the transfer of the property known as the Miami Arena land from the CRA to the City of Miami, including a study of land values at the time of the transfer and appropriate title searches. DISCUSSED 4. Presentation of an innovative financial plan for businesses in the historic Northwest Third Avenue Corridor by Miami Capital Development Corporation, Inc. OMNI/CRA M-99-6 5. Resolution of the Board of Directors of the CRA authorizing an agreement between the CRA and Greater Miami Neighborhoods, Inc,, in the amount of $75,000 for Greater Miami SEDPW/CRA Neighborhoods, Inc, to provide certain property identification services, to conduct due diligence M-99-5 services related to the properties, to negotiate the purchase of properties and to perform and complete certain development activities and services as requested by the CRA, as authorized by SEOPW/CRA R-98-40.2 and Omni/CRA R-98-11. SEOPW/CRA 6. Resolution of the Board of Directors of the CRA ratifying the Air and Space Agreement M-99-6 between the CRA and Florida Department of Transportation providing for a 20 year lease of the R-99-8 airspace at I-95 and 395 for the purpose of displaying an exhibition of art and objects of art having an African, African American and Caribbean theme, as authorized by SEOPW/CRA M- 98-40.3 . SEOPW/CRA 7. Resolution of the Board of Directors of the CRA authorizing CRA Executive Director R-99-7 to negotiate and execute an agreement between the Community Redevelopment Agency and Florida International University for Florida International University to provide volunteer labor and services for a period of 5 years to maintain the gardens under the right of way of I-95 and I-395 and to complete the art work pursuant to that certain air and space lease agreement between the CRA and Florida Department of Transportation. 2 .. &0?WXRA 9 9 - 3 1, , OMNI/CRA 8. Resolution of the Board of Directors of the CRA ratifying the act of the City Commissic R-99-3 of the City of Miami, taken on February 23, 1999, accepting Miami -Dade County's Omni Ts Increment payment of $584,224 for calendar years 1996-97 and 1997-98 in accordance with ti Omni Interlocal Agreement between and among Miami -Dade County, the City of Miami and tt CRA. OMNI/CRA 9. Resolution of the Board of Directors of the CRA authorizing the CRA Executive Direct( R-99-4 to issue payment to Miami -Dade County in the amount of S280,277 pursuant to the Interloc; Cooperation Agreement between and among the City of Miami, Miami -Dade County and El: CRA. DISCUSSED 10, Presentation by the Omni Redevelopment Area Advisory Board. DEFERRED 11. Presentation by the Overtown Advisory Board, OMNI/CRA 12. Presentation regarding Margaret Pace Park, Gibson Park, Gibson Park Annex, William M-99-2 Park, Range Park, Dorsey Park and Reeves Park. OMNI/CRA 13. Discussion of the Board of Directors of the CRA regarding the potential conflict o M-99-5 interest arising as a result of Holland & Knight, LLP serving as Special Counsel to the CRt SEOPW/- while its new partner, Robert Beatty is serving (although not in his capacity as a Holland 6 M-99-3cRA Knight LLP attorney) on the City of Miami Oversight Board and its Contract Reviev -99-3 Committee. SEOPW/CRA M-99-9 OMNI/CRA M-99-7 DISCUSSED 14. Discussion of the status of the Interlocal Cooperation Agreement between the CRA ane the City of Miami. 15. Discussion of the Board of Directors of the CRA regarding Article V of the Interlocal Cooperation Agreement between the City of Miami and the CRA relating to personnel and other resources to be provided by the City of Miami to the CRA. SEOPW/CRA 16. Resolution of the Board of Directors of the CRA approving in concept a resolution R-99-4 creating a $1,000,000 Overtown Innovative Business Development Program to be prepared by Miami Capital Development Corporation, Inc. and forwarding the resolution on to the City Commission of the City of Miami for review and final action. DISCUSSED 17. Report by Vice -Chairman Gort regarding the expansion number of directors serving on the Board of Directors of the CRA from five directors to seven directors. MIA1-M936.2 CONSULTING SERVICES AGREEMENT THIS AGREEMENT made and entered into on this day of , 1999, by among the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (the "SEOPW CRA") and OMNI COMMUNITY REDEVELOPMENT AGENCY (the "Omni CRA") (the SEOPW CRA and Omni CRA hereinafter the"CITY OF MIAMI CRA"), whose principal office is located at 300 Biscayne Boulevard Way, Suite 430, Miami, Florida 33131, and Retired Congressman WILLIAM LEHMAN, (the "Consultant"), whose address is RECITALS WHEREAS, the City of Miami CRA desires and the Consultant agrees to perform certain services for the City of Miami CRA relative to transportation issues. NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable considerations, the parties do mutually covenant and agree with each other as follows: 1. Term of the Agreement. This Agreement shall commence on and terminate on or before earlier terminated as provided herein. unless 2. Scope of Services. The Consultant agrees to perform certain services on behalf of the City of Miami CRA relative to transportation related matters. Services to be performed by the Consultant are as follows: 1 o fk 9 9 - 3 (a) Advise the City of Miami CRA on transportation funding related to Miami -Dade County transit, the Tri-Rail, the proposed Florida high speed rail system and other transportation matters as determined by the Board of Directors of the City of Miami CRA; (b) Serve as liaison for the City of Miami CRA to governmental agencies and bodies including, but not limited to the South Florida Regional Planning Commission and Florida Department of Transportation; (c) Coordinate the bus/jitney network and other modes of ground transportation within the districts of the City of Miami CRA; (d) Coordinate the activities, including matters related to infrastructure needs, related to that certain Airspace Agreement between the City of Miami CRA and Florida Department of Transportation for the display and exhibition of art and objects of art at Interstate Highways 95 and 3 95 ; and (e) Manage such other transportation matters as requested by the Board of Directors of the City of Miami CRA. 3. Compensation for Services. As compensation for the services to be rendered by the Consultant under this Agreement, the Consultant and the City of Miami CRA agrees to pay the Consultant a fee of One Dollar per year. Such fee shall be paid to the Consultant on execution of this Agreement. 5. Compensation for Expenses. The City of Miami CRA shall reimburse the Consultant for all expenses incurred relative to the provision of the above services including, but not limited to expenses of $500.00 per month and travel expenses pursuant to the per diem 2 o 99- 3 r -- schedule utilized by the State of Florida. In addition, the Consultant shall be provided with the services of an assistant. 6. Termination of Agreement. Either parry may terminate this Agreement on not less than fifteen (15) days notice to the other party in writing, by personal delivery, facsimile transfer or certified mail. 7. Work Produced the Product of City of Miami CRA. Any work produced or completed by the Consultant shall be the product of the City of Miami CRA. Upon the termination of this Agreement, the Consultant shall turn over to the City of Miami CRA any work, documents, paper, etc. produced as a result of this Agreement. 8. Relationship of Parties. The Consultant shall at all times act as an independent contractor in the performance of the services outlined within this Agreement, provided the Consultant shall represent the City of Miami CRA and identify himself in the performance of the services outlined in Paragraph 2 herein. In no event, shall the Consultant be considered an employee, agent, partner or joint venturer of the City of Miami CRA. Accordingly, the Consultant shall be responsible for the payment of all taxes including Federal and State taxes arising out of the Consultant's activities in accordance with this Agreement including by way of illustration but not limitation, Federal income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or fees as may be lawfully required of a consultant performing such services. 9. Agreement Non -Assignable Consultant. 10. Miscellaneous Provisions. 7 This Agreement may not be assigned by the OWT ICRA 9 9 - 3 (a) Headinjzs. The headings of the sections, paragraphs and subdivisions of this Agreement are for the convenience of reference only, and shall not limit or otherwise affect any of the terms hereof. (b) Severability. If performance of any provision hereof or any transaction related hereto is limited by law, the obligation to be performed shall be reduced accordingly; and if any clause or provision herein contained operates or would prospectively operate to invalidate this Agreement in part, then the invalid part of said clause or provision only shall be held for naught, as though not contained herein, and the remainder of this Agreement shall remain operative and in full force and effect. (c) Governing Law. The laws of the State of Florida shall govern the interpretation and enforcement of this Agreement. (d) Number and Gender. Whenever the singular or plural number, masculine or feminine or neuter gender is used herein, it shall equally include the others and shall apply jointly and severally. (e) Further Assurances. The Consultant shall deliver such documents and perform such acts as may be reasonably requested by the City of Miami CRA to give full effect to this Agreement. (f) Entire Agreement. This Agreement constitutes and represents the entire agreement between the parties hereto and supersedes any prior understandings or agreements, written or verbal, between the parties hereto respecting the subject matter herein. This Agreement may be amended, supplemented, modified or discharged only upon an agreement in writing executed by both parties hereto. An W91CRA 3 (e) Notices. All notices from the Consultant to City of Miami CRA and from City of Miami CRA to the Consultant shall be in writing and sent by personal delivery, or certified mail and addressed to parties at the addresses as aforementioned in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: THE HONORABLE WILLIAM LEHMAN, RETIRED CONGRESSMAN SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY Arthur E. Teele, Jr., Chair 5 ®MWI 9 9 - 3