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HomeMy WebLinkAboutOMNI CRA 2017-10-03 Agenda PacketCity of Miami 3500 Pan American Dr Miami, FL 33133 www.miamigov.com Meeting Agenda Tuesday, October 03, 2017 5:00 PM Temple Israel of Greater Miami 137 NE 19th Street Miami, FL 33136 OMNI Community Redevelopment Agency Ken Russell, Chair Francis Suarez, Vice Chair Wifredo (Willy) Gort, Board Member, District 1 Frank Carollo, Board Member, District 3 Keon Hardemon, Board Member, District 5 OMNI and MIDTOWN CRA OFFICE ADDRESS: 1401 N. Miami Avenue, 2"d Floor, Miami 33136 Phone: (305) 679-6868 www.miamicra.com OMNI Community Redevelopment Agency Meeting Agenda October 3, 2017 CALL TO ORDER APPROVING THE MINUTES OF THE FOLLOWING MEETING(S): 1. OMNI COMMUNITY REDEVELOPMENT AGENCY - REGULAR MEETING - JUNE 21, 2017 5:30 PM 2. OMNI COMMUNITY REDEVELOPMENT AGENCY - REGULAR MEETING - JULY 27, 2017 12:00 PM OMNI CRA DISCUSSION ITEM(S) 1. OMNI CRA DISCUSSION 2971 REHABILITATION OF THE HISTORIC BANK BUILDING LOCATED AT 1367 NORTH MIAMI AVENUE. 2. OMNI CRA DISCUSSION 3006 DISCUSION REGARDING FINDING OF NECESSITY (FON) REDEVELOPMENT PLAN. OMNI CRA RESOLUTION(S) 1. OMNI CRA RESOLUTION 2972 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE FIFTH AMENDMENT TO THE ECONOMIC INCENTIVE AGREEMENT ("INCENTIVE AGREEMENT"), IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, WITH NR MAX MIAMI, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), REMOVING THE CONDITION THAT THE DEVELOPER COMPLETE THE COMMUNITY BENEFIT IMPROVEMENTS AS DESCRIBED IN THE INCENTIVE AGREEMENT ("COMMUNITY IMPROVEMENTS"); INCREASING THE YEARLY CAPACITY OF TAX INCREMENT PROVIDED TO THE DEVELOPER FROM $750,000.00 TO $812,500.00 PER YEAR; AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO ACCEPT A PAYMENT FROM THE DEVELOPER IN AN AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000.00) FOR THE REMAINING VALUE OF THE COMMUNITY IMPROVEMENTS, LESS ANY AMOUNT ALREADY EXPENDED BY THE DEVELOPER PURSUANT TO THE INCENTIVE AGREEMENT. 2. OMNI CRA RESOLUTION 2973 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A NON -BINDING MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, OMNI Community Redevelopment Agency Page 2 Printed on 9/28/2017 OMNI Community Redevelopment Agency Meeting Agenda October 3, 2017 A BODY CORPORATE AND POLITIC EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA ("SCHOOL BOARD"), IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, IN ORDER TO FACILITATE THE CRA'S RESPONSIBILITY TO DIMINISH SLUM AND BLIGHT WITHIN ITS BOUNDARIES, SPECIFICALLY BY COLLABORATING WITH THE SCHOOL BOARD REGARDING A MIXED -USE DEVELOPMENT PROJECT INCLUSIVE OF AFFORDABLE AND WORKFORCE HOUSING, COMMERCIAL AND/OR RETAIL COMPONENT, PARKING IMPROVEMENTS IN THE SURROUNDING AREA, EXPANSION OF THE (PREP SCHOOL TO BE LOCATED AT 150 NORTHEAST 19TH STREET, MIAMI, FLORIDA, AND FURTHER ENHANCEMENTS TO THE PHILLIS WHEATLEY SCHOOL PROPERTY LOCATED AT 1934 NW 1ST COURT, MIAMI, FLORIDA, 1801 NW 1ST PLACE, MIAMI, FLORIDA, AND 1942 NW 1ST COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE MOU. 3. OMNI CRA RESOLUTION 3007 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO AMEND THE INTERLOCAL AGREEMENT ENTERED INTO ON DECEMBER 31, 2007 BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI, THE SOUTHEAST/OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AND THE OMNI CRA, SPECIFICALLY TO REMOVE ALL CURRENT AND FUTURE OBLIGATIONS WITH RESPECT TO THE OMNI CRA'S MONETARY CONTRIBUTION FOR CAPITAL IMPROVEMENTS AT MUSEUM PARK, AS CONTAINED IN SAID AGREEMENT. 4. OMNI CRA RESOLUTION 2974 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE CITY OF MIAMI TO UNDERWRITE COSTS ASSOCIATED WITH AN ENHANCED POLICE PROGRAM WITHIN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE FUNDS ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM 2018 TIF REVENUES — 10040.920501.891000 — INTERFUND TRANSFERS. ADJOURNMENT OMNI Community Redevelopment Agency Page 3 Printed on 9/28/2017 OMNI Board of Commissioners Meeting October 3, 2017 1.1 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: September 28, 2017 and Members of the CRA Board From: Jason Walker Executive Director File: 2971 Subject: Rehabilitation of Historic Bank Building - 1367 North Miami Ave. Enclosures: Rehabilitation of the Historic Bank Building located at 1367 North Miami Avenue. Packet Pg. 4 1.1 City of Miami OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 Legislation www.miamicra.com OMNI CRA Discussion File Number: 2971 Final Action Date: REHABILITATION OF THE HISTORIC BANK BUILDING LOCATED AT 1367 NORTH MIAMI AVENUE. Packet Pg. 5 OMNI Board of Commissioners Meeting October 3, 2017 1.2 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: September 28, 2017 and Members of the CRA Board From: Jason Walker Executive Director File: 3006 Subject: Finding of Necessity (FON) Redevelopment Plan Enclosures: DISCUSSION ITEM: Finding of Necessity (FON) and Redevelopment Plan. Packet Pg. 6 1.2 City of Miami OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 Legislation www.miamicra.com OMNI CRA Discussion File Number: 3006 Final Action Date: DISCUSION REGARDING FINDING OF NECESSITY (FON) REDEVELOPMENT PLAN. Packet Pg. 7 OMNI Board of Commissioners Meeting October 3, 2017 2.1 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: September 28, 2017 and Members of the CRA Board From:Jason Walker Executive Director File: 2972 Subject: Max Miami (Canvas) Economic Incentive Agreement - 5th Amendment Enclosures: BACKGROUND: It is recommended that the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("Omni CRA") approve and adopt the attached Resolution, authorizing the Fifth (5th) amendment and modification of the Economic Incentive Agreement with NR MAX Miami, LLC ("Developer"), for the development of the MAX Miami (CANVAS) mixed -use project. The original CANVAS Economic Incentive Agreement was presented to the Omni CRA Board in June 11, 2014. The CANVAS Miami project is a planned mixed -use development which will include 513 residential units, retail space and 10,000 sq. ft. of commercial space. The commercial and residential portions of the project are anticipated to cost approximately $100 million. The CANVAS project agreement has had Four (4) amendments due to delays with City of Miami permitting; Miami -Dade County Streetscape regulations and design for vehicle, pedestrian and bicycle traffic; and an extension for completion of the project timeline. The Developer originally agreed to and continues to agree to develop reliable resources for community outreach to provide new job opportunities during both construction and operations phases of the project, and anticipates the generation of new full-time jobs. The Omni CRA will require that residents of the Omni and Southeast Overtown/Park West CRAs and the City of Miami receive priority in hiring. The target local workforce participation is set at thirty percent (30%). The Omni CRA will make in the form of a reimbursement of the actual tax increment generated by the CANVAS Miami project, with a maximum payout of $812,500/year throughout the term of the Agreement in a cumulative amount not to exceed a total of Nine Million dollars ($9,000,000.00) (set to expire at the sunset of the Omni CRA). The Packet Pg. 8 Omni CRA economic incentive will apply to the residential and commercial portions of the project. 2.1 The Developer was previously required to spend in community benefits a minimum of two million dollars ($2,000,000.00). This amendment changes the requirements for the community benefits provision. The notable change to this agreement will reflect the removal of the completion of the community benefits provision and now provides the requirement that the Developer grant to the CRA instead two million dollars ($2,000,000.00) to achieve the goals and objectives of the CRA. All other provisions will remain the same. JUSTIFICATION: Section 4.4, B., at page 41, of the 2009 Omni Redevelopment Plan lists the "[creation of] economic magnets to draw more businesses to the Omni area to compliment established activities in the surrounding area," as a stated redevelopment objective. Section 4.4, B., at page 41, of the 2009 Omni Redevelopment Plan also lists the "[providing] employment opportunities and upward job mobility for residents," as a stated redevelopment objective. Packet Pg. 9 2.1 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 2972 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE FIFTH AMENDMENT TO THE ECONOMIC INCENTIVE AGREEMENT ("INCENTIVE AGREEMENT"), IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, WITH NR MAX MIAMI, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), REMOVING THE CONDITION THAT THE DEVELOPER COMPLETE THE COMMUNITY BENEFIT IMPROVEMENTS AS DESCRIBED IN THE INCENTIVE AGREEMENT ("COMMUNITY IMPROVEMENTS"); INCREASING THE YEARLY CAPACITY OF TAX INCREMENT PROVIDED TO THE DEVELOPER FROM $750,000.00 TO $812,500.00 PER YEAR; AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO ACCEPT A PAYMENT FROM THE DEVELOPER IN AN AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000.00) FOR THE REMAINING VALUE OF THE COMMUNITY IMPROVEMENTS, LESS ANY AMOUNT ALREADY EXPENDED BY THE DEVELOPER PURSUANT TO THE INCENTIVE AGREEMENT. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with its approved Redevelopment Plan; and WHEREAS, Section 4.4, B at page 41 of the 2009 Omni Redevelopment Plan lists the "[creation of] economic magnets to draw more businesses to the Omni area to compliment established activities in the surrounding area" as a stated redevelopment objective; and WHEREAS, Section 4.4., B. at page 41 of the 2009 Omni Redevelopment Plan lists "[providing] employment opportunities and upward job mobility for residents" as a stated redevelopment objective; and WHEREAS, the MAX Miami Project ("Project") is a planned mixed -use development which will include 513 residential units, retail space, and 10,000 square feet of commercial space; and WHEREAS, NR MAX Miami, LLC ("Developer") anticipates approximately $100 million will be expended for construction and the Project will create substantial job opportunities; and WHEREAS, the Board of Commissioners of the CRA, by Resolution No. CRA-R- 14-0041 adopted June 11, 2014, originally approved an Economic Incentive Agreement ("Incentive Agreement") providing the Developer with financial assistance from the CRA in an amount not to exceed $750,000.00 per year throughout the term of the Incentive Agreement in the form of a reimbursement of the actual tax increment generated by the new development and collected by the CRA; and Packet Pg. 10 2.1 WHEREAS, as inducement to the CRA's grant of financial assistance, the Developer agreed to develop reliable resources for community outreach to provide new job opportunities during both the construction and operation phases; and WHEREAS, as a further inducement to the CRA's grant of financial assistance, the Developer agreed to target local workforce participation at a minimum of thirty percent (30%) with priority in hiring to residents of the CRA and the City of Miami ("City"); and WHEREAS, as a further inducement to the CRA's grant of financial assistance, the Developer agreed to spend in community benefits a minimum of two million dollars ($2,000,000.00) in community improvements ("Community Improvements"); and WHEREAS, due to various delays beyond the Developer's control including but not limited to permitting issues with the City and streetscape regulations and design with Miami -Dade County, various amendments to the Incentive Agreement were executed in order to extend completion of the project timeline; and WHEREAS, the Incentive Agreement, as modified, will apply to the resident and commercial portions of the project; and WHEREAS, the Board of Commissioners wishes to authorize the execution of a Fifth Amendment to the Incentive Agreement, in a form acceptable to the General Counsel, with the Developer by removing the requirement that the Developer complete the Community Improvements portion of the Project; and WHEREAS, the Board of Commissioners wishes to increase the tax increment ("TIF") provided to the Developer pursuant to the Incentive Agreement from $750,000.00 to $812,500.00 per year; and WHEREAS, the Developer agrees to provide the CRA with a payment in an amount not to exceed two million dollars ($2,000,000.00) for the remaining value of the Community Improvements, less any amount already expended by the Developer pursuant to the Incentive Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE 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 fully set forth in this Section. Section 2. The Executive Director is authorized to execute the Fifth Amendment to the Incentive Agreement, in a form acceptable to the General Counsel, with the Developer by removing the condition that the Developer complete the Community Improvements as described in the Incentive Agreement. Section 3. The Incremental TIF capacity as provided to the Developer pursuant to the Incentive Agreement is hereby increased from $750,000.00 to $812,500.00. Section 4. The Executive Director is authorized to accept a payment from the Developer in an amount not to exceed two million dollars ($2,000,000.00) for the remaining value of such improvements, less any amount already expended by the Developer pursuant to the incentive Agreement. Section 5. This Resolution shall become effective immediately upon its adoption. Packet Pg. 11 APPROVED AS TO FORM AND CORRECTNESS: 2.1 VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 12 OMNI Board of Commissioners Meeting October 3, 2017 2.2 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: September 28, 2017 and Members of the CRA Board From:Jason Walker Executive Director File: 2973 Subject: Non -Binding Memorandum of Understanding ("MOU") with School Board Enclosures: BACKGROUND: The attached Resolution of the Board of the Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") authorizes the Executive Director to enter into a Non -Binding Memorandum of Understanding ("MOU") with the School Board of Miami -Dade County Florida to achieve a number of stated objectives in the Omni CRA Redevelopment Plan. The collaboration will feature the capacity amplification of the iPREP school program, enhancement of the Phillis Wheatley School and the provision of a commercial and/ retail component, workforce and affordable housing in the area as consistent with the Omni Community Redevelopment Plan. This non -binding MOU must include the development of the 9-acre SBAB Portfolio (School Board Property). JUSTIFICATION: Pursuant to Section 5 p. 58 of the Redevelopment Plan there are "Opportunities [to develop] new housing with a focus on mixed -income, new educational facilities, and new parking facilities to support both the PAC and emerging Media/Entertainment District." Additionally the opportunities include agreements, "between the current owners and the CRA, public/private partnerships steered by the Miami -Dade School Board, and also through zoning incentives for private development." Additionally these projects are further detailed in various sections of the CRA's Redevelopment Plan in Sections 6.2, 6.3, 7 and 8.5. Listed are the current schooling capacity deficits and the need for additional affordable and workforce housing units and parking to supplement the current growth of the area and to remove the slum and blighted conditions. 1 Section 5, Page 58, 2009 Omni Community Redevelopment Plan Packet Pg. 13 2.2 In order to provide the necessary funding to achieve the CRA goals, as an incentive, the CRA would contribute a percentage of Tax Increment Financing based on the increments that will be generated from the potential development. Packet Pg. 14 2.2 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 2973 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A NON -BINDING MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, A BODY CORPORATE AND POLITIC EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA ("SCHOOL BOARD"), IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, IN ORDER TO FACILITATE THE CRA'S RESPONSIBILITY TO DIMINISH SLUM AND BLIGHT WITHIN ITS BOUNDARIES, SPECIFICALLY BY COLLABORATING WITH THE SCHOOL BOARD REGARDING A MIXED -USE DEVELOPMENT PROJECT INCLUSIVE OF AFFORDABLE AND WORKFORCE HOUSING, COMMERCIAL AND/OR RETAIL COMPONENT, PARKING IMPROVEMENTS IN THE SURROUNDING AREA, EXPANSION OF THE (PREP SCHOOL TO BE LOCATED AT 150 NORTHEAST 19TH STREET, MIAMI, FLORIDA, AND FURTHER ENHANCEMENTS TO THE PHILLIS WHEATLEY SCHOOL PROPERTY LOCATED AT 1934 NW 1ST COURT, MIAMI, FLORIDA, 1801 NW 1ST PLACE, MIAMI, FLORIDA, AND 1942 NW 1ST COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE MOU. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for and committed to carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with its approved 2009 Omni Redevelopment Plan ("Redevelopment Plan"); and WHEREAS, the CRA and the School Board of Miami -Dade County ("School Board") desire to enter into a non -binding memorandum of understanding ("MOU") in order to collaborate on a mixed -use development project inclusive of (1) affordable and workforce housing, (2) a commercial and/or retail component, (3) the expansion of the (PREP School to be located at 150 Northeast 19th Street, Miami, Florida, (4) the implementation of a parking solution for the surrounding area, and (5) the enhancement of the existing Phillis Wheatley School property located at 1934 Northwest 1st Court, Miami, Florida, 1801 Northwest 1st Place, Miami, Florida, and 1942 Northwest 1st Court, Miami, Florida; and WHEREAS, Sections 4, 5, and 6 of the Redevelopment Plan list these proposed projects as high priorities in providing redevelopment initiatives such as workforce and lower income housing for families and parking solutions for those in the immediate area; and WHEREAS, the MOU will outline the responsibilities and objectives of both the CRA and the School Board and provide the basic structure for the eventual agreements required for project implementation; and Packet Pg. 15 2.2 WHEREAS, the Board of Commissioners of the CRA wishes to authorize the Executive Director to negotiate and execute the MOU in order to work with the School Board to accomplish these critical housing and educational improvements within the Redevelopment Area; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE 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 Executive Director is authorized to negotiate and execute the MOU with the School Board, in a form acceptable to the General Counsel, in order to facilitate the CRA's responsibility to diminish slum and blight within its boundaries, specifically by collaborating with the School Board regarding a mixed -use development inclusive of affordable and workforce housing, a commercial and/or retail component, parking improvements in the surrounding area, the expansion of the (PREP School to be located at 150 Northeast 19th Street, Miami, Florida, and further enhancements to the Phillis Wheatley School property located at 1934 Northwest 1st Court, Miami, Florida, 1801 Northwest 1st Place, Miami, Florida, and 1942 Northwest 1st Court, Miami, Florida, as more particularly described in the MOU. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 16 OMNI Board of Commissioners Meeting October 3, 2017 2.3 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: September 28, 2017 and Members of the CRA Board From: Jason Walker Executive Director File: 3007 Subject: Resolution amending 2007 Global Agreement pertaining to OMNI CRA's payment to Museum Park Project Enclosures: BACKGROUND: The attached Resolution of the Board of the Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") amends the terms of the 2007 Global Agreement concerning the CRA's contribution to the City of Miami for the Museum Park Project. JUSTIFICATION: The CRA in 2007 entered into a Global Agreement to achieve stated objectives. Since the agreement was entered into a number of factors have changed with regards to the Museum Park project including but not limited to (1) the comprehensive plan for the Museum Park Project is no longer current, and also (2) the change in objectives and the prioritization of affordable housing and real property acquisition for the Omni CRA. As a result the Omni CRA would like to remove any obligations that may exist for all current and future monetary payments that may be owed to the City of Miami for the Museum Park Project. The CRA has shifted its focus and will now put to the forefront the development of affordable and workforce housing, real property acquisition along with other major programs and projects to remove slum and blight. These projects will help in the removal of slum and blight and promote sustainability, development and spur job creation in the area. By amending the global agreement the CRA will be better situated to fulfill its redevelopment plans. Packet Pg. 17 2.3 The CRA will also have more funds available for affordable housing, real property acquisitions and projects more consistent with current conditions the removal of slum and blight. The agreement to be entered into will formalize the removal of this obligation to Museum Park. Packet Pg. 18 2.3 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3007 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO AMEND THE INTERLOCAL AGREEMENT ENTERED INTO ON DECEMBER 31, 2007 BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI, THE SOUTHEAST/OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AND THE OMNI CRA, SPECIFICALLY TO REMOVE ALL CURRENT AND FUTURE OBLIGATIONS WITH RESPECT TO THE OMNI CRA'S MONETARY CONTRIBUTION FOR CAPITAL IMPROVEMENTS AT MUSEUM PARK, AS CONTAINED IN SAID AGREEMENT. WHEREAS, on June 24, 1996, Miami -Dade County ("County"), the City of Miami ("City"), and the Omni Redevelopment District Community Redevelopment Agency ("Omni CRA") entered into an Interlocal Cooperation Agreement setting forth specified redevelopment powers delegated to the City with respect to the Omni CRA; and WHEREAS, on December 31, 2007, the City, the County, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), and the Omni CRA entered into an Interlocal Agreement, commonly referred to as the "Global Agreement," to provide funding for various projects that were deemed of great benefit to the community; and WHEREAS, on December 31, 2007, the County, the City and the Omni CRA entered into a First Amendment to the Interlocal Cooperation Agreement dated June 24, 1996, to extend the life of the Omni CRA and expand the boundaries of the Omni Redevelopment Area; and WHEREAS, certain proposed financial contributions were outlined in the Global Agreement with respect to funding from the Omni CRA towards capital improvements at Museum Park located within the Omni Redevelopment Area; and WHEREAS, the Omni CRA has contributed to the environmental remediation of the Museum Park in furtherance of the removal of slum and blight; and WHEREAS, pursuant to Resolution No. CRA-R-17-0020, adopted April 19, 2017, the Omni CRA has shifted its focus prioritizing the development of affordable and workforce housing within the Omni Redevelopment Area; and WHEREAS, pursuant to Resolution No. CRA-R-17-0044, adopted July 27, 2017, the Board of Commissioners of the Omni CRA authorized a final contribution towards capital improvements to Museum Park in the amount of Two Million Dollars ($2,000,000.00); and Packet Pg. 19 2.3 WHEREAS, as a result of this shift in focus, the Omni CRA would like to amend the 2007 Global Agreement, specifically by removing all current and future Omni CRA financial obligations regarding capital improvements at Museum Park; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAIMI, 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 Executive Director is directed and authorized to enter into an agreement amending the 2007 Global Agreement between the County, the City, the SEOPW CRA, and the Omni CRA, specifically with respect to the removal of all current and future financial obligations for capital improvements at Museum Park, as contained in said agreement. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 20 OMNI Board of Commissioners Meeting October 3, 2017 2.4 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: September 28, 2017 and Members of the CRA Board From:Jason Walker Executive Director File: 2974 Subject: Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program Enclosures: 2974 OMNI CRA Enhanced Services Operational Plan 2974 Grant Agreement BACKGROUND: It is recommended that the Board of Commissioners ("Board") of the Omni Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing the issuance of a grant, in an amount not to exceed Five Hundred Thousand ($500,000.00), to the City of Miami, to underwrite costs associated with an enhanced Police Program within the Omni Redevelopment Area. Previously, in 2008, the CRA Board of Commissioners approved a grant for Three Hundred Forty Three Thousand Three Hundred Ninety Two Dollars ($343,392) for a Police Visibility Program. Additionally, in 2010, the CRA Board of Commissioners approved another grant for Five Hundred Thousand Dollars ($500,000) for the Police Visibility Program. In July 2014, the Board of Commissioners, by Resolution No. CRA- R-14-0049, authorized the issuance of a grant to the City, in the amount of One Million Two Hundred Seventy Five Thousand Dollars ($1,275,000.00) for the program. On October 22, 2015, the Board of Commissioners authorized the issuance of a grant to the City, in the amount of Seven Hundred Ten Thousand Dollars ($710,000.00), for the Police Visibility Program. In 2016 through resolution CRA-R-16-0063 the Board approved Five Hundred Thousand Dollars ($500,000) for the Police Program. The program has proven to be one of the most valuable programs within the Omni CRA for the residents and business owners improving the quality of life. The City of Miami Police Department now seeks additional funding to continue the OMNI CRA's Police Program, with an enhanced and a more targeted approach. This new grant will result in enhanced police services in the area including increased patrols, special operations, traffic details, club checks, criminal sweeps, prostitution details, and narcotics details. Packet Pg. 21 2.4 JUSTIFICATION: Pursuant to Florida Statute Chapter 163.370(2)(o), the CRA has the power to, "develop and implement community policing innovations." These programs are geared with the objective of remedying slum and blighted areas and the causes thereof, to enhance the quality of life for the residents. Additionally Section 4.4, D., at page 42 of the 2009 Omni Redevelopment Plan lists the elimination of conditions which contribute to blight as a stated redevelopment objective. This Specialized Program, an innovative community policing plan, provides enhanced police services including more specifically specialized operations, increased patrols, traffic details as approved by the director, criminal sweeps, prostitution details, and undercover narcotics details to combat the opium crisis in the area. This Resolution carries out the objectives of the Omni Redevelopment Plan. FUNDING: $500,000.00 allocated from 2018 Omni Tax Increment Fund, titled "Interfund Transfers" Account No. 10040.920501.891000. Packet Pg. 22 2.4 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 2974 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE CITY OF MIAMI TO UNDERWRITE COSTS ASSOCIATED WITH AN ENHANCED POLICE PROGRAM WITHIN THE OMNI REDEVELOPMENT AREA; AUTHORIZING THE EXECUTIVE DIRECTOR, AT HIS DISCRETION, TO DISBURSE FUNDS ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO GENERAL COUNSEL; ALLOCATING FUNDS FROM 2018 TIF REVENUES — 10040.920501.891000 — INTERFUND TRANSFERS. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with its approved Redevelopment Plan; and WHEREAS, Section 4.4, D., at page 42 of the 2009 Omni Redevelopment Plan lists the elimination of conditions which contribute to blight as a stated redevelopment objective; and WHEREAS, pursuant to Section 163.370(2)(o), Florida Statutes, the CRA has the power to develop and implement community policing innovations with the objective of remedying slum and blighted areas and the causes thereof, within the CRA community; and WHEREAS, in February 2008, the City of Miami ("City") Police Department presented to the CRA Board the Police Visibility Pilot Program, an innovative community policing plan to address issues related to quality of life within the Redevelopment Area; and WHEREAS, the Police Visibility Program consisted of enhanced police services including increased patrols, special operations, traffic details, club checks, criminal sweeps, prostitution details, and undercover narcotics details; and WHEREAS, the Board of Commissioners by Resolution No. CRA-R-08-0024, passed and adopted on April 28, 2008, authorized the issuance of a grant to the City, in the amount of Three Hundred Forty -Three Thousand Three Hundred Ninety -Two Dollars ($343,392.00) for the Police Visibility Pilot Program within the Southeast Overtown/Parkwest and Omni Redevelopment Areas; and Packet Pg. 23 2.4 WHEREAS, upon further presentation by the Police Department, the Board of Commissioners by Resolution No. CRA-R-09-0022, passed and adopted on April 27, 2009, authorized an additional grant to the City for a one-year extension of the Police Visibility Program; and WHEREAS, the Board of Commissioners by Resolution No. CRA-R-10-0052, passed and adopted on June 28, 2010, authorized the issuance of a grant to the City in the amount of Five Hundred Thousand Dollars ($500,000.00) for the Police Visibility Program within the Omni Redevelopment Area; and WHEREAS, the Board of Commissioners by Resolution No. CRA-R-14-0049, passed and adopted on July 23, 2014, authorized the issuance of a grant to the City in the amount of One Million Two Hundred Seventy -Five Thousand Dollars ($1,275,000.00) for the Police Visibility Program within the Omni Redevelopment Area; and WHEREAS, the Board of Commissioners by Resolution No. CRA-R-15-0043, passed and adopted on October 22, 2015, authorized the issuance of a grant to the City in the amount of Seven Hundred Ten Thousand Dollars ($710,000.00) for the Police Visibility Program within the Omni Redevelopment Area; and WHEREAS, the Board of Commissioners by Resolution No. CRA-R-16-0063, passed and adopted on December 14, 2016, authorized the issuance of a grant to the City in the amount of Five Hundred Thousand Dollars ($500,000.00) for the Police Visibility Program within the Omni Redevelopment Area; and WHEREAS, the Police Department now requests additional funds for enhanced police services previously covered by the Police Visibility grants; and WHEREAS, the Police Department proposes to modify the program to allow for a more targeted approach to crime prevention including but not limited to increased patrols, special operations, traffic details, club checks, criminal sweeps, prostitution details, and undercover narcotics details; and WHEREAS, the Board of Commissioners wishes to authorize a grant in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to the City to underwrite costs associated with enhanced police services throughout the Omni Redevelopment Area; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE 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 issuance of a grant in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to the City to underwrite costs associated with enhanced police services within the Omni Redevelopment Area is authorized. Packet Pg. 24 2.4 Section 3. The Executive Director is authorized, at his discretion, to disburse grant funds on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 4. The Executive Director is authorized to execute any and all documents necessary for said purpose, in a form acceptable to General Counsel. Section 5. Funds are to be allocated from 2018 TIF Revenues — 10040.920501.891000 - Interfund Transfers. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 25 2.4.a MIAMI POLICE DEPARTMENT RODOLFO LLANES CHIEF OF POLICE DOWNTOWN NET OMNI CRA ENHANCED SERVICES OPERATIONAL PLAN SITUATION: According to the most recent status of the police hiring report, the Miami Police Department currently employs 3.1 sworn officers for every 1,000 inhabitants. This places the City of Miami in the 50th percentile in Miami -Dade County in terms of sworn members per 1,000 inhabitants. The demands of the City of Miami Police Department in comparison to its demographics, require a higher level of service; therefore, a higher ratio of officers to inhabitants. The OMNI Community Redevelopment Agency ("OMNI CRA") boundaries encompass approximately two (2) police zones (44-1 & 44-2). Our department normally staffs each zone with one officer per shift, for a total of 6 officers per 24- hour period. Additionally, the downtown Beats patrol support unit has been expanded, to patrol the entire Downtown NET area. This was achieved by adding 6 more Beat officers in 2017. The current configuration doubles the amount of Police personnel in each zone on a 24 hour/7 days a week basis and provides for "enhanced police services" through the OMNI CRA, which will be utilized by "Hot Spot Policing" practices to address crime and by providing "high visibility" details to address the fear of crime concerns from our citizens. These two zones are plagued by frequent instances of open narcotics activity, aggravated assaults, armed robberies, trespassing, loitering, and gambling. In addition, these zones have experienced an increase in population of homeless persons resulting in other quality of life issues that are negatively impacting the law-abiding citizen who lives, works, plays, and visits the businesses in the OMNI CRA area and its surrounding neighborhoods. An analysis revealed, though widespread, these incidents are primarily occurring within specific areas of the Downtown community. The areas of concern are the area from NW 1 Court to North Bayshore Drive., and 8th Street to 21st Street. Based on the analysis, all 3 shifts are affected with a majority of incidents occurring during the B & C shift hours. Attachment: 2974 OMNI CRA Enhanced Services Operational Plan (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Packet Pg. 26 2017-2018 OMNI CRA ENHANCED SERVICES - Operational Plan 2 2.4.a ONNI CRA MISSION: The provision for enhanced police services is a service -oriented effort, in a problem solving team capacity, to establish and support working partnerships with the OMNI CRA, the Neighborhood Enhancement Teams, residents, business owners, and the homeless outreach programs. MIAMI POLICE DEPARTMENT MISSION: It is the mission of the City of Miami Police Department to provide for the highest quality of life for our residents and visitors. The goal of this police enhanced services operation is to reduce the Part I crimes occurring in the targeted areas, with a goal to prevent, intervene, deter, and apprehend criminals. City of Miami Police personnel providing enhanced police services pursuant to this operational plan will exercise "zero tolerance" for the duration of this operation within the OMNI CRA Area. Our intention in the execution of this plan is not to impede upon anyone's civil liberties, but we will endeavor to reduce or alleviate the widespread variety of crimes that are occurring within the OMNI CRA boundaries. We will identify and engage the criminal element that preys upon residents, business owners, and visitors of this community. This operational plan will employ a *ZERO TOLERANCE policy for violations of the "drug free" zone, with emphasis on possession and/or sales of narcotics and narcotic paraphernalia, and the unlawful possession of firearms. Zero tolerance simply means that a violation of the law will be met with a sanction, judging situations on a case -by -case basis. However, those violations of the law that are relative to violent crimes and narcotics activity will be addressed through apprehension. ACTION PLAN: ( RESPONSE) Community Involvement: Officers will continue to interact with all citizens in the area making positive community contacts, improving police -citizen relationships, while educating the citizens on police department's goals and objectives. They will also concentrate on developing solutions to problems in the area and increase trust in the Miami Police Department. Enforcement: All operations and possible targets will be identified, organized, and approved by the Downtown NET Commander. All personnel assigned to work in this operation pursuant to the OMNI CRA agreement for enhanced police services will take orders under the same policy structure and guidelines currently in place by the City of Miami Police Department. All Departmental Orders, Standard Operating Procedures, and policies will apply to all members assigned to Attachment: 2974 OMNI CRA Enhanced Services Operational Plan (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Packet Pg. 27 2.4.a OMNI CRA Operational Plan 3 work pursuant to the OMNI CRA enhanced police services agreement. No member of the OMNI CRA Board will direct or guide any police action(s) in any manner or any police officer assigned to the OMNI CRA area pursuant to this enhanced service agreement. Any concerns or issues pertaining to crime or police services within the OMNI CRA Area must be directly addressed to the NET Commander for a determination of proper legal police action. The NET Commander's Officers will continue to have a zero tolerance approach to the criminal element in the area. They will concentrate on arresting all violators of narcotic sales and use in the area, as well as, arrest those who trespass and loiter in, and around, the apartment buildings, houses and parking lots. Individuals corning into the area to commit crimes and deteriorate the quality of life for those who live in the area will be constantly opposed. A three -prong approach will be employed to address issues, which currently exist in the community: 1. through consistent and daily proactive enforcement by engaging the street level criminals and providing the homeless with placement through outreach services and assistance programs; 2. Establishing greater interaction with the youth through community partnerships and mentoring; and 3. Educate the community in the operation of police activities. During the enforcement activities, officers will be highly proactive. The primary goal is to achieve a significant reduction in Part I crimes by deterring social gathering on street corners and known locations where narcotic sales are known to be conducted and robberies that occur on street corners. The officers will provide a high concentration on the "hot spots" where life -threatening concerns have been identified. The officers will be assigned to specific locations for accountability. STAFFING: COMMANDER: LIEUTENANT: SUPERVISOR: PERSONNEL: EVENT DATE: Commander Jose L Fernandez N/A 1 Sgt.: (T.B.A.) 4 Police Officers (T.B.A.) 2017-2018 Attachment: 2974 OMNI CRA Enhanced Services Operational Plan (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Packet Pg. 28 2017-2018 OMNI CRA ENHANCED SERVICES - Operational Plan 4 2.4.a LOCATION: N.W. 1st Ct. - North Bayshore Drive/ N.E. 8th St. — N.E. 21st St. UNIFORM: EVENT TIME: ROLL CALL TIME: ROLL CALL LOCATION: COMMUNICATION: PAYROLL CODE: Class "B" or Bike Uniform T.B.A T.B.A TBA Channel 3 T.B.A. CONTINGENCY PLAN: Should an emergency arise, personnel are to respond as emergency backup to render assistance. EMERGENCY ACTION PLAN: In the event an injury occurs to an officer or prisoner, City of Miami Fire Rescue will be requested. In the case of an escaped prisoner, the officer will immediately advise the dispatcher so that a perimeter can be established. The Field Duty Lieutenant will also be immediately notified and the sergeant will be in command of any perimeter or scene until a higher -ranking officer assumes command. Current emergency guidelines are to be followed using the Incident Command System should any incident evolve into a critical incident. An Incident Commander shall be immediately recognized and assume command and a command post established. PREPARED AND APPROVED BY: SECTION COMMANDER: DIVISION CHIEF: Attachment: 2974 OMNI CRA Enhanced Services Operational Plan (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Packet Pg. 29 2.4.b GRANT AGREEMENT FOR THE PROVISION OF ENHANCED POLICE SERVICES WITHIN THE OMNI CRA AREA THIS AGREEMENT is entered into as of the day of , 2017, by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, and the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("GRANTEE") is for the provision of enhanced police services associated with the special conditions within the Omni Community Redevelopment Area ("Omni CRA Area"). WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects within the Omni CRA Area in accordance with its approved Redevelopment Plans; and WHEREAS, the improvement of the quality of life for residents and the elimination of conditions which contribute to blight in the Omni CRA Area are stated redevelopment goals and objectives; and WHEREAS, the CRA desires to provide grant funds to GRANTEE for the provision of enhanced law enforcement services within the Omni CRA Area for the safety and protection of the residents and visitors of the Omni CRA Area located within the City; and WHEREAS, the GRANTEE, by and through the CITY OF MIAMI POLICE DEPARTMENT ("Police Department"), desires to assist in the effort by providing the CRA with enhanced police services within the boundaries of the Omni CRA Area; and WHEREAS, the Police Department presented the Enhanced Police Services Program ("the Program"), an innovative roving community policing plan to address issues related to quality of life within the Omni CRA Area; and WHEREAS, the Program consists of enhanced police services including increased patrols, special operations, traffic details, club checks, criminal sweeps, prostitution details, and undercover narcotics details within the Omni CRA Area; and WHEREAS, the CRA, by Resolution No. CRA-R-17- , passed and adopted on 2017, authorized the issuance of a grant to the City of Miami for the Program within the Omni CRA Area; and WHEREAS, the Board of Commissioners of the Omni Community Redevelopment Agency of the City of Miami, by Resolution No. CRA-R- , passed and adopted on , 2017, authorized the issuance of a grant, in an amount not to exceed Five Hundred Thousand Dollars ($500, 000.00), to GRANTEE, to underwrite costs associated with the Program; and WHEREAS, GRANTEE and the CRA wish to enter into this Agreement to set forth the terms and conditions relating to the use of said Grant; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: 1 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 30 2.4.b GRANT TERMS 1. RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. 2. GRANT. Subject to the terms and conditions set forth herein and GRANTEE's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the GRANTEE the Grant to be used for the purpose intended and disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant funds shall be used to underwrite the costs associated with the Program, as set forth in Attachment "A" - Enhanced Police Services Program ("Program Description"). The GRANTEE agrees to provide enhanced police services within the boundary area of the City known as the Omni CRA Area to conduct authorized Programs. Requests for enhanced patrol services for a particular area, event, or operation received from the Executive Director of the CRA, or his designee, will be used to determine the geographic and temporal deployment of the officers. The GRANTEE agrees and understands that the enhanced police services under the terms of this Agreement, by and through the police officers allocated to the Program are supplemental to general patrol within the area and for the purpose of providing enhanced baseline police services by the City's Police Department. Sworn officers allocated to the Program shall at all times remain subject to the City Police Department's chain of command and under the City Police Department's policies, rules, regulations, departmental orders, and standard operating procedures. It is expressly understood by the GRANTEE, the City's Police Department, and the CRA that all participating officers in the Program shall remain within the Omni CRA Area at all times throughout their respective shift unless Communications advises of a forcible felony in progress in the immediate surrounding areas of the Omni CRA Area and with approval of the Program supervisor. 3.1 The City's Chief of Police shall designate a command officer to serve as the "Program Commander" who will work in concert with the Executive Director of the CRA, or his designee. The Program Commander will perform the following duties: (a) Coordinate the dissemination and processing of police and security reports, coordinate the duties and responsibilities and function of the detail in a problem solving team capacity, provide supervisory assistance, coordinate problem resolution, and carry out the provisions of this Agreement. (b) Establish and maintain an ongoing line of communication with the City's police personnel. (c) Prepare monthly reports for review by the CRA Executive Director and the City's Chief of Police. (d) Assist or advise the planning and implementation of other grant funded security/police programs within the Omni CRA Area. (e) Establish a clearly defined process for reporting non -emergency criminal activities within the Omni CRA Area. 3.2 The City will, at all times, provide supervision, control and direction of work activities and assignments of police personnel, including disciplinary actions. It is expressly understood the Police Department shall be responsible for the compensation of the officers and all employee benefits, as well as 2 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 31 2.4.b any injury to officer, their property, or the City's property while in the CRA Area and acting within the course and scope of their employment. 4. PLAN OF OPERATION. The objectives and plan for achieving enhanced police services within the Omni CRA Area shall be as set forth in Attachment "A" - Enhanced Police Services Program operational plan and incorporated herein. If, during the term of this Agreement, either party desires to amend the scope of the program description, either party may request, for consideration by the other party, an amendment in writing. 5. TERM OF CONTRACT. The term of this Agreement shall begin on October 1, 2017, and expire on September 30, 2018. This Agreement is subject to annual renewal upon discretion of the Omni CRA Executive Director, subject to available funds and the mutual agreement of the Parties to renew, without the need for further approval by the Board of Commissioners of the CRA or the City Commission. The Parties understand that on an annual basis, the amount of the grant award for providing enhanced services may vary based on negotiations and agreement of estimated costs to the City in providing enhanced police services under this Agreement. 6. DISBURSEMENT OF GRANT FUNDS TO GRANTEE. For Program services provided, the CRA shall compensate the GRANTEE, on a monthly reimbursement basis, at the overtime rate equal to the costs of police personnel up to an amount not to exceed Five Hundred Thousand Dollars ($500, 000.00), to GRANTEE, to underwrite costs associated with the Program. Any overtime incurred by an officer assigned to the Program will be paid by the CRA. The GRANTEE will provide the CRA with a report of overtime hours on a monthly basis along with an invoice requesting payment. Any invoices provided to the CRA shall be paid by the CRA within 15 days of receipt thereof. It is understood by the Parties that the GRANTEE has a total grant award of $500,000.00, to cover the cost of overtime compensation expenses for the officers allocated to the Program. Once the funds of the grant award have been depleted, the enhanced police services under the terms of this Agreement shall be terminated however, the Omni CRA Executive Director, at his sole discretion, may increase the budget of this Grant to underwrite the cost of compensation expenses of maintaining the Program through September 30, 2018. 7. COMPLIANCE WITH POLICIES AND PROCEDURES. GRANTEE understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other requirements affecting the activities funded by the Grant. GRANTEE covenants and agrees to comply, and represents and warrants to the CRA that the Grant shall be used in accordance, with all of the requirements, terms and conditions contained therein as the same may be amended during the term hereof. Without limiting the generality of the foregoing, GRANTEE represents and warrants that it will comply and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 8. RECORDS AND REPORTS/AUDITS AND EVALUATION. (a) GRANTEE understands and acknowledges that the CRA must meet certain record keeping and reporting requirements with regard to the Grant. In order to enable the CRA to comply with its record keeping and reporting requirements, GRANTEE agrees to maintain all records as required by the CRA. (b) At the CRA's request, and no later than thirty (30) days thereafter, GRANTEE shall deliver to the CRA such written statements relating to the use of the Grant as the CRA may require. 3 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 32 2.4.b (c) The CRA shall have the right to conduct audits of GRANTEE'S records pertaining to the Grant and to visit the Program, in order to conduct its monitoring and evaluation activities. GRANTEE agrees to cooperate with the CRA in the performance of these activities. (d) GRANTEE's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. 9. REVERSION OF ASSETS. Upon the expiration of the term of this Agreement, GRANTEE shall transfer to the CRA any unused Grant funds on hand, if any, at the time of such expiration. 10. following: REPRESENTATIONS AND WARRANTIES. GRANTEE represents and warrants the (a) Invoices for all expenditures shall be submitted to the CRA for review. (b) Funds disbursed under the grant shall be used solely for the Program. 11. DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, the CRA shall make available to GRANTEE up to Five Hundred Thousand Dollars ($500,000.00). Payments by the CRA will be made on a monthly reimbursement basis after receipt and approval of Program specific invoices and verification of acceptable work product. In no event shall payments to GRANTEE under this Grant agreement exceed Five Hundred Thousand Dollars ($500,000.00). 12. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon the earlier of: i) full disbursement of Five Hundred Thousand Dollars ($500,000.00); or ii) earlier termination as provided for herein; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees and costs shall survive the expiration or earlier termination of this agreement. 13. REMEDIES FOR NON-COMPLIANCE. If GRANTEE fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained herein, then the CRA shall have the right to take one or more of the following actions: (a) Withhold cash payments, pending correction of the deficiency by GRANTEE; (b) Recover payments made to GRANTEE; (c) Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; (d) Withhold further awards for the Program; or (e) Take such other remedies that may be legally permitted. 14. NON-DISCRIMINATION. GRANTEE, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status or handicap in connection with its performance under this Agreement. Furthermore, 4 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 33 2.4.b GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status or handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 15. CONFLICT OF INTEREST. GRANTEE has received copies of, and is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by GRANTEE. GRANTEE covenants, represents and warrants that it will comply with all such conflict of interest provisions: (a) Code of the City of Miami, Florida, Chapter 2, Article V. (b) Dade County Code, Section 2-11.1. 16. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for Program activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 17. CERTIFICATIONS RELATING TO THE GRANT. GRANTEE certifies that: (a) All expenditures of the Grant will be made in accordance with the provisions of this Agreement. (b) The Grant will not be co -mingled with any other funds and separate bank accounts and accounting records will be maintained. (c) The expenditures of the Grant will be properly documented and such documentation will be maintained on file. (d) Periodic progress reports will be provided to the CRA as requested. (e) No expenditure of Grant funds shall be used for political activities. (1) GRANTEE will be liable to the CRA for the amount of the Grant expended in a manner inconsistent with this Agreement. 18. MARKETING. (a) GRANTEE shall prominently display signage acknowledging the CRA's contribution to the Program at GRANTEE's primary place of business during the term of this agreement. (b) GRANTEE shall produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Program, in all forms of media and communications created by GRANTEE for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or interviews. 5 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 34 2.4.b (c) The CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. (d) GRANTEE further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in GRANTEE'S use of the CRA's name and logo, confers or may be construed as conferring GRANTEE any right, title, or interest whatsoever in the CRA's name and logo beyond the right granted in this Agreement. 19. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then GRANTEE shall be in default. Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to them by law, may immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall be immediately returned to the CRA. GRANTEE understands and agrees that termination of this Agreement under this section shall not release GRANTEE from any obligation accruing prior to the effective date of termination. 20. LIABILITY OF THE CRA. No officer, employee, agent, or principal, whether disclosed or undisclosed, of the CRA shall have any personal liability with respect to any of the provisions of this Agreement. Any liability of the CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 21. SPECIFIC PERFORMANCE. In the event of breach of the Grant Agreement by the CRA, GRANTEE may seek specific performance of the Grant Agreement and any recovery shall be limited to the grant funding authorized for the Program. In no event shall the CRA be liable to GRANTEE for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 22. INDEMNIFICATION OF THE CRA. GRANTEE shall protect, defend, indemnify and hold harmless the CRA and its agents from and against any and all claims, actions, damages, liability and expense (including fees of attorneys, investigators and experts) in connection with loss of life, personal injury or damage to property or arising out of this Agreement, except to the extent such loss, injury or damage was caused by the gross negligence of the CRA or its agents. 23. DISPUTES. In the event of a dispute between the Executive Director of the CRA and GRANTEE as to the terms and conditions of this Agreement, the Executive Director of the CRA and GRANTEE shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. 24. INTERPRETATION. (a) Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Agreement or the scope or intent thereof. (b) Entire Agreement. This instrument constitutes the sale and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and 6 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 35 2.4.b obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and GRANTEE relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. (c) Construction. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. (d) Covenants. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. (e) Conflicting Terms. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. (f) Waiver. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. (g) Severability. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. (h) No Third -Party Beneficiary Rights. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 25. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 26. OWNERSHIP OF DOCUMENTS. Upon request by the CRA, all documents developed by GRANTEE shall be delivered to the CRA upon completion of this Agreement, and may be used by the 7 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 36 2.4.b CRA, without restriction or limitation. GRANTEE agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CRA to GRANTEE pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by GRANTEE for any other purposes whatsoever, without the written consent of the CRA. 27. AWARD OF AGREEMENT. GRANTEE warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 28. NON-DELEGABILITY. The obligations of GRANTEE under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sale discretion. 29. CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced in accordance with Florida law. 30. TERMINATION OF THIS AGREEMENT. The Parties retains the right to terminate this Agreement, with or without cause, at any time without penalty to the other. In that event, the terminating party shall give five (5) days written notice of termination to the other party. 31. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. To CRA: Attn: Jason M. Walker, Executive Director Omni Community Redevelopment Agency 1401 North Miami Avenue, Second Floor Miami, FL 33128 With copy to: Miami Police Department 400 N.W. 2nd Avenue Miami, FL 33128 Attn: Rudolfo Llanes, Chief of Police To GRANTEE: Attn: Daniel J. Alfonso, City Manager City of Miami 444 S.W. 2nd Avenue, loth Floor Miami, FL 33130 Office of the City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, FL 33130 Attn: Victoria Mendez, City Attorney 32. INDEPENDENT CONTRACTOR. GRANTEE, its contractors, subcontractors, employees and agents shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 8 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 37 2.4.b 33. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 34. AUTHORITY. GRANTEE certifies that GRANTEE possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of GRANTEE's governing body, authorizing the execution of this Agreement, and identifying the official representative of GRANTEE to act in connection herewith and to provide such additional information as may be required by the CRA. [INTENTIONALLY BLANK] 9 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 38 2.4.b IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. DANIEL J. ALFONSO CITY MANAGER CITY OF MIAMI, FLORIDA JASON WALKER OMNI CRA EXECUTIVE DIRECTOR CITY OF MIAMI, FLORIDA Date: Date: ATTEST: TODD B. HANNON RUDOLFO LLANES CITY CLERK CHIEF OF POLICE APPROVED AS TO FORM APPROVED AS TO INSURANCE AND LEGAL SUFFICIENCY: REQUIREMENTS: VICTORIA MENDEZ ANN-MARIE SHARPE CITY ATTORNEY RISK MANAGEMENT 10 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 39