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HomeMy WebLinkAboutCRA-R-19-0013 Interlocal Agreement 2019-05-30SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT (the "2019 Interlocal Agreement") is made and entered into this day of , 2019, by and among Miami -Dade County, a political subdivision of the State of Florida (the "County"), the City of Miami, Florida, a municipal corporation of the State of Florida (the "City") and the Omni Redevelopment District Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "Omni CRA"). RECITALS WHEREAS, pursuant to County Resolution No. R-280-96, adopted by the Board of County Commissioners of Miami -Dade County (the "County Commission") on March 19, 1996, the County Commission approved the terms and execution of an Interlocal Agreement by and among the County, the City and the Omni CRA (the "Interlocal"), which Interlocal was dated June 24, 1996, and contained provisions for the Omni CRA to make certain payments to the County for the purpose of paying debt service on the Performing Arts Center Construction Bonds; and WHEREAS, on , pursuant to County Resolution No. R the County, City, and the Omni CRA entered into that certain First Amendment to the Interlocal Agreement dated June 24, 1996 (the "First Amendment") to provide for additional funding for the purpose of paying debt service on the Performing Arts Center Construction Bonds; and WHEREAS, on I , pursuant to County Resolution No. on December 31, 2007 the County, the City, the Southeast Overtown/Park West Community Redevelopment Agency, ("SEOPW CRA"), and the Omni CRA entered into that certain Interlocal Agreement to provide funding for major city-wide projects for the benefit of all named parties (the "2007 Interlocal Agreement"); and WHEREAS, the Omni CRA has prepared an Assessment of Need (the "AON") report supported by data and analysis to substantiate the ongoing necessity for the extension of life of the Omni Redevelopment Area through the date March 31, 2046; and WHEREAS, the Finding of Necessity ("FON") approved by the City of Miami through Resolution Resolution . and Report for the West Grove Area was and the Omni CRA through WHEREAS, on February 19, 2019 the Board of Commissioners of the Omni CRA (the "Omni CRA Board") adopted Resolution CRA-R-19-0004 accepting and approving the AON; and (Draft Interlocal- Provisions to be negotiated and Finalized) WHEREAS, pursuant to City Resolution R- , the City Commission approved the AON and authorized the Omni CRA to seek the support and approval of the County Commission in extending the life of the Omni CRA through March 31, 2046 ; and WHEREAS, the County Commission has accepted the AON and FON; and WHEREAS, the County Commission authorizes the extension of life of the Omni CRA through March 31, 2046; and WHEREAS, the County Commission authorizes the non-contiguous expansion of the Omni CRA to include the West Grove; and WHEREAS, the County, the City and the Omni CRA hereby authorizes the amendment of the 2007 Interlocal Agreement; and WHEREAS, the City, County and the Omni CRA approves the prepared Amended 2019 Plan for the Omni Area (the "2019 Redevelopment Plan"); and WHEREAS, this 2019 Interlocal Agreement replaces and supersedes the 2007 Interlocal Agreement, NOW, THEREFORE, the County, the City and the Omni CRA agrees as follows: 1. Recitals. The Recitals set forth above are true and correct and adopted as part of this Second Amendment. 2. Defined Terms. Defined terms utilized in this Second Amendment but not defined herein shall have the meaning ascribed to said terms in the Interlocal Agreement. 3. Extension of Life of Omni CRA. The life of the Omni CRA is hereby extended through March 31, 2046. 4. Expansion. The non-contiguous expansion of the Omni CRA to include the West Grove. 5. Redevelopment Plan. All references in the Interlocal Agreement to the Redevelopment Plan shall be deemed references to the adopted 2019 Redevelopment Plan. 6. Streetcar Proiect. The City, County, and the Omni CRA hereby mutually release each party from any obligations under the 2007 Interlocal Agreement pertaining to the Streetcar Project and any funding activities for the Streetcar Project have been strickened. 7. Priority Proiects. The County, the City and the Omni CRA acknowledge and agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida Statutes, the projects identified in the 2019 Redevelopment Plan, among other projects in the Redevelopment Area, along with the list of priority project below shall be partially funded by the (Draft Interlocal- Provisions to be negotiated and Finalized) 2 Omni CRA utilizing Tax Increment Funds ("TIF") Revenues (the "Incentive Agreement Proiects"): a. Funding to Miami -Dade County for the Performing Arts Center Construction Bonds Debt Service at an aggregate total amount not to exceed One Million Four Hundred Thirty Thousand and 00/100 Dollars ($1,430,000.00) per year through September 30, 2027. b. Funding to the City of Miami for the Port Tunnel Debt Service at an amount not to exceed Four Million Two Hundred Thirty -Four Thousand and 00/100 Dollars ($4,234,000.00) per year through September 30, 2030. c. Funding to Miami Dade County in an amount not to exceed thirty five percent (35%) of the Omni CRA annual TIF Revenue, or Twenty -Five Million and 00/100 Dollars ($25,000.00.00), whichever is less, per year through September 30, 2027 to fund Museums and Regional Cultural Attractions within the Omni CRA Boundaries. d. Commencing October 1, 2027, funding to Miami -Dade County in an amount not to exceed thirty five percent (35%) of the Omni CRA annual TIF Revenue, or Ten Million and 00/100 Dollars ($10,000,000.00), whichever is less, per year through September 30, 2046 to fund Museums and Regional Cultural Attractions within the Omni CRA Boundaries. e. Funding to Miami -Dade County for The Beach Corridor rapid transit route of the Strategic Miami Area Rapid Transit ("SMART") Plan. The Omni CRA shall provide the County with funding in an amount not to exceed Fifty Million and 00/100 Dollars ($50,000,000.00) for capital improvements for that portion of the Beach Corridor route that falls within the boundaries of the Omni Redevelopment Area. f. Maurice Ferre Park formerly Museum Park. The Omni CRA shall provide funding to the City of Miami in a total amount not to exceed Ten Million and 00/100 Dollars ($10,000,000.00) in capital improvement costs for the Maurice Ferre Park based on an approved City Capital Improvements Plan. The City acknowledges that the Omni CRA previously provided Two Million and 00/100 Dollars ($2,000,000.00) for Capital Improvements pursuant to City Resolution No. R- , and that the Omni CRA shall provide the remaining funding of an amount not to exceed Eight Million and 00/100 Dollars ($8,000,000.00) in order to fund obligated Ten Million Dollar commitment. g. Providing funds in an amount not to exceed funding of $1,000,000.00 annually for ongoing operations and maintenance to commence upon completion of the I 395 Underdeck Green Space to be constructed in conjunction with the Florida Department of Transportation I-395/SR 836/I- 95 Design -Build Project (I-395 Project) located below the I-395 viaduct, (Draft Interlocal- Provisions to be negotiated and Finalized) 3 subject to the I-395 Project meeting all standards related to construction, operations, and maintenance. h. Provide funds for community benefits package and assist in the redevelopment of School Board -owned properties within the Omni CRA boundaries. The Omni CRA will commit to funding at least $250 Million in the development and rehabilitation of workforce- and affordable housing and mixed -income housing and homeownership projects within the Redevelopment Area throughout the life of the Omni CRA. Land acquisition and development activities consistent with the character and scale of development identified in the Omni CRA Redevelopment Plan, as it may be amended from time to time. k. Development and growth of local, small business enterprises within the Redevelopment Area through grants or low -interest loans to, among other things, improve the physical plant of local businesses, finance the acquisition of machinery and equipment, and provide limited guarantees against losses to increase access to credit from local financial institutions. 8. Omni Redevelopment Area. The County, City and Omni CRA acknowledge and agree that the redevelopment area (the "Redevelopment Area") consists of (i) that area initially approved by the County and as described on the map attached to County Ordinance No. as Exhibit "A", and (ii) that addition to the area approved in Ordinance No. , all as more particularly shown on that map attached hereto as Exhibit "A", as well as the expansion of the Omni CRA to include West Grove Area. 9. West Grove. (TO BE NEGOTIATED) i. Priority Projects (TO BE NEGOTIATED) 10. Annual Budget. The County agrees to waive any claims it may have regarding approval of the annual Omni CRA budget for the fiscal years prior to fiscal year commencing October 1, 2019. 11. Waiver of Administrative Fee. The County agrees to waive the 1.5% Administrative Fee chargeable to Omni CRA for the life of the Omni CRA. 12. Composition of Omni CRA Board of Commissioners. Commencing as of the , the Omni CRA Board of Commissioners shall be expanded from five (5) commissioners to seven (7) commissioners. Five (5) of the commissioners shall be members of the City Commission. Two (2) commissioners will be appointed as follows: (Draft Interlocal- Provisions to be negotiated and Finalized) 4 a. One member may be the County District 3 Commissioner. If the District 3 Commissioner chooses not to be appointed as a member of the Omni CRA Board of Commissioners, the District 3 Commissioner shall appoint an individual who is a full-time member of County staff. b. One member may be the County Mayor. If the County Mayor chooses not to be appointed, the County Mayor may appoint a designee, who shall be either another County Commissioner, or a full-time member of County staff. Each such appointment shall be for a term of two (2) years. Should any appointed member not complete their respective term, the County Commissioner or County Mayor who appointed such member shall appoint the replacement member as provided above for the balance of such term. If no new member is appointed the seat will revert to the Mayor or Commissioner until they choose to appoint a new member as provided above. 13. CRA Indebtedness. The Omni CRA may elect to issue bonds and/or incur other indebtedness required to finance, as necessary and appropriate, its contribution to the Omni CRA Projects, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than March 31, 2046. Prior to the issuance of any bonds and/or indebtedness by the Omni CRA, the County shall have the right to review all related documents and agreements and may approve such bond issuance or indebtedness, pursuant to the provisions of the Interlocal Agreement as amended by this Amendment and applicable law, including Section 163.358(3), Florida Statutes. 14. CAP ON ADMINISTRATIVE EXPENSES. The Omni CRA agrees that administrative expenses of the Omni CRA shall not exceed 20% of its overall fiscal budget. M 15. Procurement Requirements. The Omni CRA confirms to the County and the City that Omni CRA has adopted procurement procedures to be utilized by the Omni CRA for procurement. 16. Community Benefits. A. The Omni CRA agrees that all agreements with entities or contractors receiving grants of $1,000,000.00 or more from the Omni CRA for new or rehabilitated commercial and residential developments entered into after the Effective Date within the Redevelopment Area shall, to the extent allowed by applicable law, include the following provisions: (i). Require hiring from the labor workforce for such project from residents of the Redevelopment Area that are unemployed or under employed, to extent feasible. (ii). Require compliance with the wage requirements of Section 2-8.9 of the Code of Miami -Dade County, Florida (the "Code") or pay higher wages and benefits, to the extent feasible. (Draft Interlocal- Provisions to be negotiated and Finalized) 5 B. The Omni CRA agrees to include in all community benefit agreements with entities or contractor receiving grants of $1,000,000.00 or more executed after the Effective Date to require such entities or contractors to comply with the following Miami -Dade County ordinances contained in the Code, as same may be amended, as if expressly applicable to such entities: (i). Small Business Enterprises (Section 2-8.1.1.1.1 of the Code) (ii). Community Business Enterprises (Section 2-10.4.01 of the Code) (iii). Community Small Business Enterprises (Section 10-33.02 of the Code) (iv). Conflict of Interest and Code of Ethics Ordinance (Section 2-11.1 of the Code) (v). Living Wage Ordinance (Section 2-8.9 of the Code) 17. Inspector General Review. The County shall have the right to retain, at its sole cost, the services of an independent private sector inspector general whenever the County deems it appropriate to do so, in accordance with Miami -Dade County Administrative Order No. 3-20. Upon written notice from the County, the Omni CRA shall make available to the independent private sector inspector general retained by the County all requested records and documentation for inspection and reproduction. Additionally, the Omni CRA shall submit to the County's Inspector General's review in accordance with Section 2-1076 of the Code. The County's Inspector General shall be empowered to review past, present and proposed Omni CRA's contracts, transactions, accounts, records, agreements and programs at a minimum annually audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to, project design, specifications, proposal submittals, activities of the Omni CRA and its officers, agents and employees, lobbyists, staff and elected officials to ensure compliance with contract specifications and to detect any fraud and/or corruption. Is 18. Recovery of Grant Funds. The Omni CRA shall include in all contracts and grant agreements executed from and after the Effective Date a "clawback" provision that will require the Omni CRA to "clawback" or rescind and recover funding from any entity or contractor to which it provides funding which does not substantially comply with the provisions of its agreement with Omni CRA by demanding repayment of such funds, in writing, including recovery of penalties or liquidated damages, to the extent allowed by law, as well as attorney's fees and interest, and pursuing collection or legal action, to the fullest extent allowable by law, if feasible. 19. Safeguards for Resident Displacement. In the event the Omni CRA funds a redevelopment project authorized by the 2019 Redevelopment Plan that may displace persons (including individuals, families, business concerns, nonprofit organizations and others) located in the Redevelopment Area, the Omni CRA shall prepare plans for and assist in the relocation of such persons, including making any relocation payments under the Act and applicable laws and regulations. Further, the Omni CRA shall make or provide for at least a "one -for -one" replacement of each affordable housing unit demolished pursuant to a redevelopment project to ensure that such demolished unit is replaced by a new comparable, affordable housing unit, provided, however, this requirement shall not apply to substandard affordable housing that has been declared unsafe by a governmental entity and subsequently demolished. The Omni CRA shall ensure that individuals and families who are displaced from affordable housing units have a right of first refusal to return to comparably priced affordable housing units located within the Redevelopment Area. (Draft Interlocal- Provisions to be negotiated and Finalized) 6 20. Affordable and Mixed Income. The County acknowledge and agrees that the Omni CRA 2019 Redevelopment Plan includes a housing component that serves an income mix of extremely low, very low, low, moderate, and workforce housing up to 140 percent (140%) of the Area Median Income (AMI), as defined by the U.S. Department of Housing and Urban Development and the County acknowledges that the 2019 Redevelopment Plan gives priority to rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or moderate income persons. 21. Annual Budget. The Omni CRA agrees to include in its annual fiscal budget a description of expenditures made by the Omni CRA for affordable housing projects during the previous fiscal year and a statement of anticipated expenditures for affordable housing project in upcoming fiscal years, if applicable. 22. Ethics Training. The Omni CRA agrees that all members of the Board of Commissioners of the Omni CRA, staff of the Omni CRA, members of advisor boards of the Omni CRA and staff such advisor boards shall be required to complete a minimum of four (4) hours of ethics training to be conducted by the Miami -Dade County Commission on Ethics and Public Trust. 23. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the terms of this Amendment, this Amendment shall control. 24. Ratification. Except as modified by this Amendment, the Interlocal Agreement is ratified and reaffirmed. 25. Effective Date. The effective date of this Amendment shall be the date this Amendment is last executed by the County, the City and the Omni CRA (the "Effective Date") 26. Time of the Essence. Time is of the essence in the performance of this Amendment. 27. Third -Party Beneficiaries. There are no third -party beneficiaries to this Amendment. The parties expressly acknowledge that that it is not their intent to create or confer any obligations on or upon any third -party by this Amendment. None of the parties intend to directly or indirectly benefit a third person by this Amendment, and no third party shall be entitled to assert a claim against any of the parties based upon this Amendment. Nothing herein shall be construed by any agency or political subdivision of the State of Florida to confer upon any third party or parties the right to sue on any matter arising out of this Second Amendment. 28. Severability. If one or more provisions of this Amendment shall be held contrary to any provision of law or be held invalid, then such provision or provisions shall be null and void and shall be separate from, and have no effect on, the remaining provisions which shall continue to be legal and valid. 29. Counterparts. This Amendment may be signed in counterparts. (Draft Interlocal- Provisions to be negotiated and Finalized) 7 "Signatures Appear Below (Draft Interlocal- Provisions to be negotiated and Finalized) IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their names by their duly authorized officers and their seals to be affixed hereto, and all as of the day and year first above written. City of Miami, a municipal corporation of the State of Florida M. Emilio T. Gonzalez, City Manager ATTEST: Todd B. Hannon, City Clerk Omni Community Redevelopment Agency, a public body corporate and politic Jason Walker, Executive Director ATTEST: By: Todd B. Hannon, Clerk of the Board (Draft Interlocal- Provisions to be negotiated and Finalized) Miami -Dade County, a political subdivision of the State of Florida Lo LM Mayor, Carlos A. Gimenez Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: Terrance A. Smith Assistant County Attorney Date: E APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: Victoria Mendez, City Attorney Date: APPROVED AS TO FORM AND CORRECTNESS FOR OMNI CRA: Date: IV (Draft Interlocal- Provisions to be negotiated and Finalized) 10 David N. Tolces, Omni CRA Special Counsel Exhibit "A" Map of Redevelopment Sub -Areas Omni Subarea West Grove Sub -Area