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HomeMy WebLinkAboutOMNI CRA 2023-01-12 Agenda PacketCity of Miami 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Omni C R A Meeting Agenda Thursday, January 12, 2023 9:30 AM (OR THEREAFTER) City Hall 3500 Pan American Drive Miami, FL 33133 OMNI Community Redevelopment Agency Alex Diaz de la Portilla, Chair, District One Joe Carollo, Vice Chair, District Three Manolo Reyes, Board Member, District Four Christine King, Board Member, District Five Vacant, Board Member, District Two OMNI CRA OFFICE ADDRESS: 1401 N. Miami Avenue, 2"d Floor Miami, FL 33136 Phone: (305) 679-6868 www.miamicra.com OMNI Community Redevelopment Agency Meeting Agenda January 12, 2023 CALL TO ORDER OMNI CRA DISCUSSION ITEM(S) NOTE: Legislation may result from the Board of Commissioners' consideration of any Discussion item. 1. OMNI CRA DISCUSSION 13261 A DISCUSSION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") REGARDING THE EXTENSION AND EXPANSION OF THE OMNI CRA. ADJOURNMENT OMNI Community Redevelopment Agency Page 2 Printed on 1/10/2023 !' Omni CRA City of Miami Legislation OMNI CRA Discussion 1.1 OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 13261 Final Action Date: A DISCUSSION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") REGARDING THE EXTENSION AND EXPANSION OF THE OMNI CRA. City of Miami Page 2 of 2 File ID: 13261 (Revision:) Printed On: 1/10/2023 Packet Pg. 4 1.1.a OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Alex Diaz De La Portilla Date: January 12,2023 File: and Members of the CRA Board Subject: Request to Accept the Second Amendment Interlocal Agreement and the Assessment of Need Study Extending the Life of the OMNI CRA z From H. Bert Gonzalez References: 2 Executive Director Enclosures: Legislation s BACKGROUND: y A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT<13 DISTRICT COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), APPROVING w AND AUTHORIZING THE RATIFICATION OF THE SECOND AMENDMENT TO THE 1996 c INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("2020 SECOND AMENDMENT ILA"), BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN ORDER TO EXTEND THE LIFE OF THE OMNI CRA TO 2047; AUTHORIZING THE UNDERTAKING OF AN ASSESSMENT OF NEED/FINDING w OF NECESSITY FOR THE EXPANSION OF THE OMNI CRA BOUNDARIES TO INCLUDE AN AREA IN ALLAPATTAH, AS MORE FULLY DESCRIBED HEREIN; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE 2020 SECOND AMENDMENT ILA AND TAKE ANY AND ALL NECESSARY ACTION CONSISTENT WITH THIS RESOLUTION; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO WORK WITH THE CITY MANAGER TO ENSURE A COPY OF THE 2020 SECOND AMENDMENT ILA IS TRANSMITTED TO THE CITY 00 OF MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY FOR REVIEW, APPROVAL, AND ACCEPTANCE; PROVIDING FOR AN EFFECTIVE DATE. c d E .c JUSTIFICATION: The Board of Commissioners of the OMNI CRA desires to expand the OMNI CRA's boundaries to include an area in Allapattah, as more fully described in the 2020 Second Amendment ILA, and in order to provide for the expansion of the OMNI CRA boundaries finds that an Assessment of Need/Finding of Necessity is warranted due to the existing conditions of slum and blight, a shortage of housing affordable to residents of low or moderate income, including the elderly, within the Allapattah boundaries as described herein; and The Board of Commissioners of the OMNI CRA wishes to further amend Resolution No. CRA-R- 21-0033, to provide for the inclusion of the following provisions within the 2020 Second Packet Pg. 5 1.1.a Amendment ILA: (1) a reduction of the OMNI CRA annual TIF revenue paid to the County from 35% to 25%; (2) the authorization to undertake an Assessment of Need/Finding of Necessity for the expansion of the OMNI CRA's boundaries to include the Allapattah area, as more fully described in the 2020 2' Amendment ILA; (3) no County Commissioner representation on the OMNI CRA Board of Commissioners; and (4) the Omni CRA to implement and fund certain projects of benefit to all parties and extend the life of the CRA to 2047. FUNDING: In light of the above -mentioned background information and the CRA's identified objectives in the CRA's plan to reduce slum and blight, and in consideration of the Executive Director's pledge to allocate grant funding to further the plan and activate the area, an approval of the resolution is recommended. a ce 0 z 2 0 0 s w 0 c 0 y C 0) 0. x W C 03 C 0 N C 0 K W t0 N M 0. 0 V 03 m <0 N M C 0 E s u ca Q Packet Pg. 6 1.1.a A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE RATIFICATION OF THE SECOND AMENDMENT TO THE 1996 INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("2020 SECOND AMENDMENT ILA"), BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN ORDER TO EXTEND THE LIFE OF THE OMNI CRA TO 2047; AUTHORIZING THE UNDERTAKING OF AN ASSESSMENT OF NEED/FINDING OF NECESSITY FOR THE EXPANSION OF THE OMNI CRA BOUNDARIES TO INCLUDE AN AREA IN ALLAPATTAH, AS MORE FULLY DESCRIBED HEREIN; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE 2020 SECOND AMENDMENT ILA AND TAKE ANY a AND ALL NECESSARY ACTION CONSISTENT WITH THIS RESOLUTION; FURTHER ct V DIRECTING THE EXECUTIVE DIRECTOR TO WORK WITH THE CITY MANAGER TO z ENSURE A COPY OF THE 2020 SECOND AMENDMENT ILA IS TRANSMITTED TO THE CITY 2 O OF MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY FOR REVIEW, APPROVAL, AND 0 ACCEPTANCE; PROVIDING FOR AN EFFECTIVE DATE. w 0 c 0 (1) C WHEREAS, pursuant to Part III, Chapter 163, Florida Statues, by action of Miami -Dade Q. County ("County") and the City of Miami ("City"), the Omni Redevelopment District Community x Redevelopment Agency ("Omni CRA") was created; and c 03 WHEREAS, on June 24, 1996, the County and the City executed an Interlocal o Cooperation Agreement ("1996 Interlocal Agreement"); and c 0 x WHEREAS, on December 18, 2007, pursuant to County Resolution No. R-1372-07, the W County, the City, the Southeast Overtown Park West Community Redevelopment Agency G ("SEOPW CRA"), and the Omni CRA entered into an alternative Interlocal Agreement, dated M December 31, 2007, to provide funding for major projects for the benefit of all parties ("2007 Interlocal Agreement"); and 0 o WHEREAS, in furtherance of seeking an additional extension of life for the Omni CRA, the m Omni CRA was required to prepare an Assessment of Need Study ("AON"), to amend its current o Redevelopment Plan, and to amend the 1996 Interlocal Agreement with its two (2) taxing M authorities, the City and the County; and c iWHEREAS, on February 19, 2019, the Board of Commissioners of the Omni CRA adopted Resolution No. CRA-R-19-0004 approving the AON to substantiate the extension of the life of the o Omni CRA until 2047 as required by the County pursuant to Resolution No. R-611-15; and a WHEREAS, on June 13, 2019, the Board of Commissioners of the Omni CRA adopted Resolution No. CRA-R-19-0012 approving the Amended Redevelopment Plan prepared by PMG Associates, Inc. ("PMG"); and WHEREAS, on June 13, 2019, the Board of Commissioners of the Omni CRA adopted Resolution No. CRA-R-19-0013 accepting and adopting the execution of a second amendment to the 1996 Interlocal Agreement between the City, the County, and the Omni CRA; and Packet Pg. 7 1.1.a WHEREAS, on June 13, 2019, the City Commission adopted Resolution No. R-19-0237 accepting and authorizing, among other things, the Amended Redevelopment Plan and the extension of the life of the Omni CRA to 2047; and WHEREAS, on June 13, 2019, the City Commission adopted Resolution No. R-19-0237 approving and authorizing the City Manager to execute the Second Amendment to the 1996 Interlocal Cooperation Agreement ("Second Amendment") between the City, the County, and the Omni CRA; and WHEREAS, on June 16, 2020, the County adopted Resolution No. R-575-20, which approved the amendment to the Omni Redevelopment Plan, accepted the AON study, approved the extension of life of the Omni CRA until July 7, 2047; and approved and authorized the ce execution of the Second Amendment to the Interlocal Cooperation Agreement ("2020 Second o Amendment ILA") by and among the County, the City, and the Omni CRA; and z 2 0 WHEREAS, County Resolution No. R-575-20, amended the terms of the 2020 Second s Amendment ILA to include the following additional requirements: (1) The Omni CRA agree that w its Board of Commissioners shall include a County Commissioner or a designee appointed by the o County Commissioner of District 3 in accordance with section 163.357, Florida Statutes, and the o County Commission Resolution Nos. R-1382-09 and R-499-16; and (2) the Omni CRA agree to C include in all community benefit agreements with entities or contractors receiving grants of one x million dollars ($1,000,000.00) or more a requirement that such entities or contractors shall W comply with the County's Responsible Wage Ordinance (collectively the "County Conditions"); c and c c 0 WHEREAS, on October 22, 2021, the Board of Commissioners of the Omni CRA adopted c Resolution No. CRA-R-21-0033, in conformance with County Resolution No. R-575-20, x authorizing its Executive Director to negotiate and execute the 2020 Second Amendment ILA .. which includes the County Conditions; and N M WHEREAS, Chapter 163.355, Florida Statutes requires a finding of necessity by a county or municipality, supported by data and analysis, ,which makes a legislative finding that conditions z in the area meet the criteria of a slum area or blighted area as defined by s. 163.340(7) or (8); o and m co WHEREAS, the Board of Commissioners of the OMNI CRA desires to expand the OMNI M CRA's boundaries to include an area in Allapattah, as more fully described in the 2020 Second Amendment ILA, and in order to provide for the expansion of the OMNI CRA boundaries finds c that an Assessment of Need/Finding of Necessity is warranted due to the existing conditions of s slum and blight, a shortage of housing affordable to residents of low or moderate income, o including the elderly, within the Allapattah boundaries as described herein; and a WHEREAS, the Board of Commissioners of the OMNI CRA wishes to further amend Resolution No. CRA-R-21-0033, to provide for the inclusion of the following provisions within the 2020 Second Amendment ILA: (1) a reduction of the OMNI CRA annual TIF revenue paid to the County from 35% to 25%; (2) the authorization to undertake an Assessment of Need/Finding of Necessity for the expansion of the OMNI CRA's boundaries to include the Allapattah area, as more fully described in the 2020 2nd Amendment ILA; (3) no County Commissioner representation on the OMNI CRA Board of Commissioners; and (4) the Omni CRA to implement and fund certain projects of benefit to all parties and extend the life of the CRA to 2047. Packet Pg. 8 1.1.a NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners of the OMNI CRA hereby authorizes, accepts, and approves the 2020 Second Amendment to the Interlocal Cooperation Agreement in substantially the attached form, which includes the reduction of the OMNI CRA annual TIF revenue paid to the County from 35% to 25%; (2) the authorization to undertake an Assessment of Need/Finding of Necessity for the expansion of the OMNI CRA's boundaries to include the Allapattah area, as more fully described in the 2nd Amendment; (3) no County Commissioner ce representation on the OMNI CRA Board of Commissioners, and (4) the Omni CRA to implement V and fund certain projects of benefit to all parties and extend the life of the CRA to 2047. z 2 O Section 3. The CRA Executive Director is authorized to execute the 2020 Second a) Amendment to the Interlocal Cooperation Agreement, in substantially the attached form, and take w and all necessary action consistent with the intent of this Resolution, for the purposes stated o herein g y C Section 4. The CRA Executive Director is directed to work with the City Manager to ensure x a copy of the 2020 Second Amendment Interlocal Cooperation Agreement is transmitted to the w City of Miami City Commission, and the Miami -Dade County Board of County Commissioners c for review, approval, and acceptance. c 0 Section 5. This Resolution shall become effective immediately upon its adoption c 2 x w N M Packet Pg. 9 1.1.a SECOND 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 "2020 Interlocal Agreement") is made and entered into this day of , 2022, 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 163.357, Florida Statutes (the "Omni CRA"). RECITALS 0 WHEREAS, pursuant to County Resolution No. R-280-96, adopted by the Board of s County Commissioners of Miami -Dade County (the "County Commission") on March 19, 1996, o the County Commission approved the terms and execution of an Interlocal Agreement by and o 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 a the purpose of paying debt service on the Performing Arts Center Construction Bonds; and w WHEREAS, on December 18, 2007, pursuant to County Resolution No. R-1372-07, the County, the City, the Southeast Overtown/Park West Community Redevelopment Agency, ("SEOPW CRA"), and the Omni CRA entered into that certain Interlocat Agreement, dated December 31, 2007, to provide funding for major city-wide projects for the benefit of all named w parties (the "2007 Interlocat Agreement"); and WHEREAS, the Omni CRA and the City adopted Resolution No. CRA-R-19-0004 and Resolution No. R-19-0180, respectively, which approved an Assessment of Need (the "AON") report, in accordance with County Resolution Nos. R-611-15 and R-499-16, which is supported by data and analysis to substantiate the ongoing necessity for the extension of life of the Omni m Redevelopment Area through the date July 7, 2047; and N WHEREAS, the Omni CRA and the City adopted Resolution CRA-R-20-0003 and R-20- 0131, respectively, which approved an amendment to the Redevelopment Plan for the Omni Area (the "2020 Redevelopment Plan") and this 2020 Interlocat Agreement; and c WHEREAS, the Omni CRA and the City sought the County Commission's support and approval of their request to accept the AON, extend the life of the Omni CRA through July 7, 2047, the 2020 Redevelopment Plan and the 2020 Interlocat Agreement; and WHEREAS, on , 2022, the County Commission adopted County Resolution No. R- , which accepted the AON, authorized the extension of life of the Omni CRA through July 7, 2047, and approved 2020 Redevelopment Plan and this 2020 Interlocat Agreement; and 1 Packet Pg. 10 1.1.a WHEREAS, this 2020 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 2020 Interlocal Agreement. 2. Defined Terms. Defined terms utilized in this 2020 Interlocal Agreement 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 coi through July 7, 2047. 0 4. Redevelopment Plan. All references in the Interlocal Agreement to the s Redevelopment Plan shall be deemed references to the adopted 2020 Redevelopment Plan. o 0 5. Streetcar Project. The City, County, and the Omni CRA hereby mutually release each party from any obligations under the 2007 Interlocal Agreement pertaining to the Streetcar a Project and any funding activities for the Streetcar Project have been stricken. 6. Priority Projects. 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 2020 Redevelopment Plan, other projects in the Redevelopment Area, along with the list of priority projects below shall be partially funded by the Omni CRA utilizing Tax Increment Funds ("TIF") Revenues (the "Incentive Agreement • • Projects"): a. Funding to Miami -Dade County for the Performing Arts Center a Construction Bonds Debt Service at an aggregate total amount not to exceed One Million Four Hundred Thirty Thousand and 00/100 Dollars m ($1,430,000.00) per year through September 30, 2027. N 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 c. Funding to Miami Dade County in an amount not to exceed twenty five percent (25%) of the Omni CRA annual TIF Revenue, or Twenty Million and 00/100 Dollars ($20,000.00.00), whichever is less, per year through September 30, 2047. Once the funds are returned to the County pursuant to this subsection (6)c, the County's use of the funds shall not be subject to this Agreement or any restrictions or requirements of Chapter 163, Part III, Florida Statutes. d. Maurice Ferre Park formerly Museum Park. The Omni CRA shall provide funding to the City of Miami in a total amount of Twenty Two 2 Packet Pg. 11 1.1.a Million and 00/100 Dollars ($22,000,000.00) in capital improvement costs for the Maurice Ferre Park based on a Capital Improvement Plan that is approved by the City of Miami Commission. e. 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 836/1- 95 Design -Build Project (1-395 Project) located below the I-395 viaduct, subject to the 1-395 Project meeting all standards related to construction, operations, and maintenance. c0 f. Assist in the redevelopment of School Board -owned properties within the Omni CRA boundaries. O a) s g. The Omni CRA will commit to funding at least $250 Million in the o 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. The funding Q. shall include payment of debt service for the bonds issued to fund the w construction of workforce and affordable housing. c h. 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. w i. 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 a z acquisition of machinery and equipment, and provide limited guarantees cts against losses to increase access to credit from local financial institutions. m co 7. Omni Redevelopment Area. a. The County, City and Omni CRA acknowledge and agree that the redevelopment area (the "Redevelopment Area") consists of (i) that area 5 depicted on the map attached hereto as Exhibit "A." The County, City and Omni CRA agree to process all necessary legislation and documents to provide for the extension of life of the Omni CRA. b. The County, City, and Omni CRA agree to implement the expansion of the Omni CRA Redevelopment Area to include additional land located within the "Allapattah/Liberty City Area," (the "Expansion Area"), and all provisions of his Agreement shall apply to the Expansion Area. In the event the Omni CRA expands to include the Allapattah/Liberty City Area within its boundaries, the TIF generated shall be included with the Omni CRA's TIF revenue. The land to be included within the Omni CRA expansion is 3 Packet Pg. 12 1.1.a more fully described and depicted in Exhibit "B" which is attached and incorporated herein. c. The Expansion Area is generally bound by the westside of Northwest 7th Avenue between NW 7dh street and NW 22nd street and continues east (including the entire block bound by NW 6th Avenue to the east, NW 22nd Street to the South, NW 23rd Street to the North and the eastside of NW 7th Avenue to the west), and will continue north (on the eastside of NW 7th Avenue) to the northside of Northwest 62th Street, and continue west to the municipal city limits boundary, and continue south along the city municipal limit boundary to northside of NW 38th Street, and continue west to the westside of 27th Avenue and continue south to the southside of Northwest v 7th Street and continue east to the westside of NW 22nd Avenue and continue north to the northside of NW 11th Street and continue east to the Miami 0 River. The Expansion Area will exclude certain government and eleemosynary owned properties within the expanded area. A legal o description with the excluded properties will be included as an attachment. o y 8. Administrative Fee. The Omni CRA shall pay the County a 1.5% Administrative Fee chargeable to Omni CRA for the life of the Omni CRA to cover County costs associated with w administering the Interlocal, programs funded through the Interlocal, and related matters. 9. CRA Indebtedness. The Omni CRA, only with the approval of the County Commission and City Commission, may issue bonds and/or incur other indebtedness required to finance, as necessary and appropriate, its contribution to the Omni CRA Projects, provided w however, in no event shall any bonds issued and/or indebtedness incurred mature later than July r 7, 2047. 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 shall 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. m 10. Cap on Administrative Expenses. The Omni CRA agrees that administrative expenses of the Omni CRA shall not exceed 20% of its overall fiscal budget. 11. 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. 12. 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: 4 Packet Pg. 13 1.1.a 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. 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 c� such entities: 2 0 (i). Small Business Enterprises (Section 2-8.1.1.1.1 of the Code) s (ii). Community Business Enterprises (Section 2-10.4.01 of the Code) o (iii). Community Small Business Enterprises (Section 10-33.02 of the Code) o (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) a k W 13. Inspector General Review. The County shall have the right to retain, at its sole c 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 w 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 of Miami -Dade County, Florida. 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, m 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 M and/or corruption.; as 14. Recovery of Grant Funds. The Omni CRA shall include in all contracts and grant c agreements executed from and after the Effective Date a "claw back" provision that will require the Omni CRA to "claw back" 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. 15. Safeguards for Resident Displacement. In the event the Omni CRA funds a redevelopment project authorized by the 2020 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 5 Packet Pg. 14 1.1.a 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. 16. Affordable and Mixed Income. The County acknowledge and agrees that the Omni CRA 2020 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 v the Area Median Income (AMI), as defined by the U.S. Department of Housing and Urban 2 Development and the County acknowledges that the 2020 Redevelopment Plan gives priority to 0 rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or moderate income persons. o 0 17. Annual Budget. The Omni CRA agrees to include in its annual fiscal budget a c 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 W upcoming fiscal years, if applicable. 18. 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 advisory boards shall be required to complete a minimum of four (4) hours of w ethics training to be conducted by the Miami -Dade County Commission on Ethics and Public Trust r in accordance with County Resolution No. R-499-16 and section 163.367, Florida Statutes. 19. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the terms of this Amendment, this Amendment shall control. m 20. Ratification. Except as modified by this Amendment, the Interlocal Agreement is N ratified and reaffirmed. 21. 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") c 22. Time of the Essence. Time is of the essence in the performance of this Amendment. 23. 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 2020 Interlocal Agreement. 6 Packet Pg. 15 1.1.a 24. 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. 25. Counterparts. This Amendment may be signed in counterparts. z 2 0 0 s 0 c 0 y **Signatures Appear Below** w 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, andto all as of the day and year first above written. w City of Miami, Miami -Dade County, r a municipal corporation of the a political subdivision of the State of Florida State of Florida o. By: By: m Arthur Noriega, City Manager Daniella Levine Cava, Mayor N ATTEST: HARVEY RUVIN, Clerk By: By: Todd B. Hannon, City Clerk Deputy Clerk ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: By: Todd B. Hannon, Clerk of the Board Terrence A. Smith 7 Packet Pg. 16 1.1.a Assistant County Attorney Omni Community Redevelopment Agency, a public body corporate and politic 0 By: H. Bert Gonzalez, Executive Director Date: 0 a) s APPROVED AS TO FORM AND o CORRECTNESS FOR CITY OF MIAMI: o a. By: w Jorge L. Piedra, City Special Counsel Date: c w APPROVED AS TO FORM AND CORRECTNESS FOR OMNI CRA: a z By: fa m David N. Tolces, Omni CRA Special o Counsel `M c d E Date: .c u 8 Packet Pg. 17 1.1.a Exhibit "A" 2010 Omni Redevelopment Area Legal Description THE STUDY AREA IS PHYSICALLY DEFINED AS BEGINNING AT THE EASTERN SHORELINE AND NORTH SIDE OF NE 20TH STREET; THEN SOUTH ALONG THE EASTERN SHORELINE TO THE NORTHSIDE OF MACARTHUR CAUSEWAY RIGHT-OF- WAY; THEN EAST ALONG THE NORTHSIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY TO THE EASTERN SHORELINE OF WATSON ISLAND; THEN SOUTH ALONG THE EASTERN SHORELINE OF WATSON ISLAND TO THE SOUTH SIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY; THEN WEST ALONG THE SOUTH SIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY TO THE EASTERN SHORELINE; THEN SOUTH ALONG THE EASTERN SHORELINE TO 20 FEET SOUTH OF THE FEC SLIP; THEN WEST ALONG THE 20 FEET SOUTH OF THE FEC SLIP TO THE WEST SIDE OF BISCAYNE BOULEVARD; THEN NORTH ALONG THE WEST SIDE OF BISCAYNE BOULEVARD TO THE SOUTHERN EDGE OF THE I-395 ROW; THEN FOLLOWING THE SOUTHERN EDGE OF THE I-395 ROW TO THE WEST SIDE OF NW 1ST PLACE; THEN NORTH ALONG THE WEST SIDE OF NW 1ST PLACE TO THE SOUTH SIDE OF NW 14TH STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 14TH STREET TO THE WEST SIDE OF NW 1ST PLACE; THEN NORTH ALONG THE WEST SIDE OF NW 1ST PLACE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE EAST SIDE OF NW 2ND AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NW 2ND AVENUE TO THE SOUTH 0 z 2 0 0 s 0 c 0 y cc 0. k w c O N O w N o. CO 0 N M E 9 Packet Pg. 18 1.1.a SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE WEST SIDE OF NW 5TH AVENUE; THEN NORTH ON THE WEST SIDE OF NW 5TH AVENUE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE WEST SIDE OF NW 6TH AVENUE; THEN NORTH ALONG THE WEST SIDE OF NW 6TH AVENUE TO THE NORTH SIDE OF NW 23RD STREET; THEN EAST ALONG THE NORTH SIDE OF NW 23RD STREET TO THE WEST SIDE OF NW 5TH AVENUE; THEN NORTH ALONG THE WEST SIDE OF NW 5TH AVENUE TO THE NORTH SIDE OF NW 23RD STREET; THEN EAST ALONG THE NORTH SIDE OF NW 23RD STREET TO THE EAST SIDE OF NW 2ND AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NW 2ND AVENUE TO THE NORTH SIDE OF NW 22ND STREET; THEN EAST ALONG THE NORTH SIDE OF NW 22ND STREET TO THE EAST SIDE OF NORTH MIAMI AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NORTH MIAMI AVENUE TO THE NORTH SIDE OF NE 20TH STREET; THEN EAST ALONG THE NORTH SIDE OF NE 20TH STREET TO THE FEC ROW; THEN SOUTH ALONG THE FEC ROW TO THE NORTH SIDE OF NE 20TH STREET; THEN EAST ALONG THE NORTH SIDE OF NE 20TH STREET TO THE WEST SIDE OF BISCAYNE BOULEVARD; THEN NORTH ALONG THE WEST SIDE OF BISCAYNE BOULEVARD TO THE NORTH SIDE OF NE 20THTERRACE; THEN EAST ALONG THE NORTH SIDE OF NE 20THTERRACE TO THE EASTERN SHORELINE; THEN SOUTH ALONG THE EASTERN SHORE LINE TO THE NORTH SIDE OF NE 20TH STREET. z 2 0 0 s 0 _ 0 y co 0. tn w c 0 w N Q. 7 V m <O N 0 E t cC 10 Packet Pg. 19 NW NW z Miami Jewish Health Systems NW 2nd Ave 4)1 NW 3rd Ave NW 5th Ave z - NW 7th Ave Wilhavo V^, 0- Ln 7 29th Ave v,I 1Oth Mini - r- G5S9WlC3raZca NW 19th Ave NW 21 st Ave r V NW 23rd Ave .Yw V W r7 z Rig 1 WYNWOOD c9Z750113em z 'F-77a; 40, p NI NWT. 41 ArnericanAirli i Packet Pg. 20 �I0 z 2 0 a) t O c O N c ns Q w c ns c O .N c a) w /ttac ment: . :ac u • &N.