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OMNI CRA 2018-01-17 Agenda Packet
City of Miami 3500 Pan American Dr Miami, FL 33133 www.miamigov.com Meeting Agenda Wednesday, January 17, 2018 5:00 PM Temple Israel of Greater Miami 137 NE 19th Street Miami, FL 33136 OMNI Community Redevelopment Agency Ken Russell, Chair Keon Hardemon, Vice -Chair Wifredo (Willy) Gort, Board Member, District One Joe Carollo, Board Member, District Three Manolo Reyes, Board Member, District Four ************************* 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 January 17, 2018 CALL TO ORDER APPROVING THE MINUTES OF THE FOLLOWING MEETING(S): OMNI COMMUNITY REDEVELOPMENT AGENCY - REGULAR MEETING - OCT 3, 2017 5:00 PM OMNI CRA DISCUSSION ITEM(S) 1. OMNI CRA DISCUSSION 3480 DISCUSSION REGARDING THE UNSOLICITED PROPOSAL RECEIVED BY THE OMNI CRA FOR THE HISTORIC BANK BUILDING LOCATED AT 1367 NORTH MIAMI AVENUE, MIAMI, FLORIDA. 2. OMNI CRA DISCUSSION 3482 DISCUSSION REGARDING THE UPDATED TERMS AND PREVIOUS APPROVAL OF THE OMNI CRA'S BANK LOAN WITH BANK UNITED. 3. OMNI CRA DISCUSSION 3481 DISCUSSION REGARDING THE MIAMI ENTERTAINMENT COMPLEX (MEC) OMNI CRA'S PROPERTY LOCATED AT 50 NW 14TH STREET, MIAMI, FLORIDA. OMNI CRA RESOLUTION(S) 1. OMNI CRA RESOLUTION 3483 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT WITH SUPPORTING DOCUMENTS ALLOCATING GRANT FUNDS OF $1,800,000.00 FOR ACQUISITION AND $2,000,000.00 FOR REHABILITATION OF PROPERTIES LOCATED AT 1541 NW 1ST PLACE, 1535 NW 1ST PLACE, AND 1540 NW 1ST COURT, MIAMI, FLORIDA, ALL LOCATED IN THE REDEVELOPMENT AREA, TO 16 CORNER, LLC IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, SUBJECT TO THE AVAILABILITY OF FUNDS. OMNI Community Redevelopment Agency Page 2 Printed on 1/9/2018 OMNI Community Redevelopment Agency Meeting Agenda January 17, 2018 2. OMNI CRA RESOLUTION 3484 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL; ALLOCATING GRANT FUNDS OF $400,000.00 TO MORGANS 2829, INC. FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 130 NW 14 STREET, MIAMI, FLORIDA, SUBJECT TO THE AVAILABILITY OF FUNDS. 3. 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, 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, A COMMERCIAL AND/OR RETAIL COMPONENT, THE EXPANSION OF THE (PREP SCHOOL TO BE LOCATED AT 150 NORTHEAST 19TH STREET, MIAMI, FLORIDA, THE IMPLEMENTATION OF A PARKING SOLUTION IN THE SURROUNDING AREA, AND FURTHER ENHANCEMENTS TO THE PHILLIS WHEATLEY SCHOOL PROPERTY LOCATED AT 1934 NORTHWEST 1ST COURT, 1801 NORTHWEST 1ST PLACE, AND 1942 NORTHWEST 1ST COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE MOU. 4. OMNI CRA RESOLUTION 3007 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") DIRECTING THE EXECUTIVE DIRECTOR TO RENEGOTIATE 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 CONTRIBUTION FOR CAPITAL IMPROVEMENTS AT MUSEUM PARK, AS CONTAINED IN SAID AGREEMENT; DIRECTING THE CLERK OF THE BOARD TO SEND A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. OMNI Community Redevelopment Agency Page 3 Printed on 1/9/2018 OMNI Community Redevelopment Agency Meeting Agenda January 17, 2018 5. OMNI CRA RESOLUTION 3485 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") SETTING THE GOAL OF ALLOCATING ONE HUNDRED MILLION DOLLARS ($100,000,000.00) OF REVENUE FROM TAX INCREMENT FUNDS ("TIF") TOWARD AFFORDABLE HOUSING DURING THE REMAINING LIFE OF THE CRA; DIRECTING THE CLERK OF THE BOARD TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 6. OMNI CRA RESOLUTION 3486 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), 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 ORIGINAL INCENTIVE AGREEMENT ("COMMUNITY IMPROVEMENTS"); INCREASING THE YEARLY CAPACITY OF TAX INCREMENT FUNDS 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 WITHIN THIRTY (30) DAYS. 7. 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. 8. OMNI CRA RESOLUTION 3487 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), RATIFYING THE CRA'S EMPLOYEE HANDBOOK, IN SUBSTANTIALLY THE ATTACHED FORM. OMNI Community Redevelopment Agency Page 4 Printed on 1/9/2018 OMNI Community Redevelopment Agency Meeting Agenda January 17, 2018 9. OMNI CRA RESOLUTION 3488 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT FROM ACCOUNT NO. 10040.920501.883000 IN AN AMOUNT NOT TO EXCEED $100,000.00 TO THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA TO EXTEND THE DOWNTOWN ENHANCEMENT TEAM INTO THE OMNI REDEVELOPMENT AREA FOR AN ADDITIONAL PERIOD OF ONE (1) YEAR ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. ADJOURNMENT OMNI Community Redevelopment Agency Page 5 Printed on 1/9/2018 OMNI Board of Commissioners Meeting January 17, 2018 1.1 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 28, 2017 and Members of the CRA Board Jason Walker Executive Director File: 3480 Subject: Unsolicited Proposal - Historic Bank Building located at 1367 N. Miami Avenue, Miami, Florida Enclosures: DISCUSSION ITEM: This is a discussion item in regards to the Unsolicited Proposal received by the Omni CRA for the Historic Bank Building property located at 1367 North Miami Avenue, Miami, Florida. Packet Pg. 6 1.1 City of Miami Legislation OMNI CRA Discussion OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3480 Final Action Date: DISCUSSION REGARDING THE UNSOLICITED PROPOSAL RECEIVED BY THE OMNI CRA FOR THE HISTORIC BANK BUILDING LOCATED AT 1367 NORTH MIAMI AVENUE, MIAMI, FLORIDA. Packet Pg. 7 OMNI Board of Commissioners Meeting January 17, 2018 1.2 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 28, 2017 and Members of the CRA Board Jason Walker Executive Director File: 3482 Subject: OMNI CRA Bank Loan with Bank United Enclosures: DISCUSSION ITEM: This is a discussion item in regards to the updated terms and previous approval of the OMNI CRA's Bank loan. Packet Pg. 8 1.2 City of Miami Legislation OMNI CRA Discussion OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3482 Final Action Date: DISCUSSION REGARDING THE UPDATED TERMS AND PREVIOUS APPROVAL OF THE OMNI CRA'S BANK LOAN WITH BANK UNITED. Packet Pg. 9 OMNI Board of Commissioners Meeting January 17, 2018 1.3 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: December 28, 2017 and Members of the CRA Board Jason Walker Executive Director File: 3481 Subject: Update on Miami Entertainment Complex (MEC) Enclosures: DISCUSSION ITEM: This is a discussion item in regards to the Miami Entertainment Complex (MEC) OMNI CRA's property located at 50 NW 14th Street, Miami, Florida. Packet Pg. 10 1.3 City of Miami Legislation OMNI CRA Discussion OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3481 Final Action Date: DISCUSSION REGARDING THE MIAMI ENTERTAINMENT COMPLEX (MEC) OMNI CRA'S PROPERTY LOCATED AT 50 NW 14TH STREET, MIAMI, FLORIDA. Packet Pg. 11 OMNI Board of Commissioners Meeting January 17, 2018 2.1 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 5, 2018 and Members of the CRA Board Jason Walker Executive Director File: 3483 Subject: Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC Enclosures: 3483 16 Corner LLC Proposal BACKGROUND: 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 the 2010 CRA Redevelopment Plan ("Plan"). On September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16- 0042, adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA. The 16 Corner LLC company submitted a grant proposal request to the CRA. 16 Corner LLC., a for profit entity, possesses a unique approach to affordable housing. The principals of 16 Corner LLC have a history of successful rehabilitation of affordable housing units in Miami- Dade County. Their proposal for acquisition and rehabilitation of approximately 44 affordable housing units concept is an ideal project for the Omni CRA area. JUSTIFICATION: The 2010 Redevelopment Plan on page 41, Section D-2 lists the objective of the CRA to, "[a]chieve rehabilitation of the maximum number of housing units." The proposal is also consistent with Section D of the plan on page 41 Section D "Improvements to the Public Realm" to "[e]nhance the areas' visual attractiveness to businesses and residents." The plan also highlights working with private entities on page 42 A-1 to, "Provide incentives for redevelopment of blighted properties." The Plan also lists the objective A- 3 to, "Promote rehabilitation and maintenance of existing viable uses and structures." Packet Pg. 12 2.1 The 16 Corner LLC group's proposal submitted will rehabilitate the group of properties with the following addresses at 1541 NW 1ST Place, 1535 NW 1ST Place and 1540 NW 1ST Court within the Omni CRA and now requests grant funding for the acquisition of the properties and the rehabilitation of the units in the amount of $1,800,000.00 for acquisition and $2,000,000.00 for rehabilitation. RECOMMENDATION: In light of the above mentioned background information, rehabilitation of the building and the Grantee's past business successes 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 a bid waiver is recommended. FUNDING: Allocated from Omni Tax Increment Fund 2018 TIF revenue ($1,832,510) and 2017 TIF Revenue ($1,041,531) titled "Other Grant and Aids," Account No. 10040.920501.883000. Remainder of funds to be derived from the proceeds of the 2018 Loan with Bank United. Packet Pg. 13 2.1 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3483 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT WITH SUPPORTING DOCUMENTS ALLOCATING GRANT FUNDS OF $1,800,000.00 FOR ACQUISITION AND $2,000,000.00 FOR REHABILITATION OF PROPERTIES LOCATED AT 1541 NW 1ST PLACE, 1535 NW 1ST PLACE, AND 1540 NW 1ST COURT, MIAMI, FLORIDA, ALL LOCATED IN THE REDEVELOPMENT AREA, TO 16 CORNER, LLC IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is tasked with reducing slum and blight within its boundaries; and WHEREAS, on September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16-0042, adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA; and WHEREAS, 16 Corner, LLC, a for profit entity, submitted a request for grant funding to acquire and rehabilitate affordable housing units within the Redevelopment Area; and WHEREAS, the 2010 Redevelopment Plan ("Plan") on page 41, section D-2, list the objective of the CRA to "[a]chieve rehabilitation of the maximum number of housing units," to make "Improvements to the Public Realm" by "[enhancing] the areas' visual attractiveness to businesses and residents"; and WHEREAS, the Plan also outlines working with private entities on page 42 Sections A-1 and A-3 to "Provide incentives for redevelopment of blighted properties" and to "Promote rehabilitation and maintenance of existing viable uses and structures"; and Packet Pg. 14 2.1 WHEREAS, 16 Corner, LLC has submitted a proposal to rehabilitate the group of properties at 1541 NW 1st Place, 1535 NW 1st Place, and 1540 NW 1st Court, Miami, Florida, all within the Redevelopment Area ("Properties"); and WHEREAS, 16 Corner, LLC requests grant funding for the acquisition of the Properties and the rehabilitation of the Properties in the amount of $1,800,000.00 for acquisition and $2,000,000.00 for rehabilitation ("Project"); and WHEREAS, the success of the Project will result in accomplishing the stated objectives of the Redevelopment Plan; and WHEREAS, based on the recommendation and finding of the Executive Director, it is in the CRA's best interest to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended, as adopted by the CRA, to authorize the Executive Director to execute and negotiate all agreements, in a form acceptable to the General Counsel, with 16 Corner, LLC, for the provision of grant funds for the acquisition and rehabilitation of the Properties in the amount of $1,800,000.00 towards acquisition and $2,000,000.00 towards rehabilitation; 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 of the Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written finding pursuant to Sections 18-85 and 18-86 of the City Code, as amended, as adopted by the CRA, are ratified, approved, and confirmed, and the requirements for competitive sealed bidding methods as not being practicable or advantageous to the CRA are waived. Section 3. The Executive Director is authorized to execute an agreement and supporting documents to provide funding, in a form acceptable to the General Counsel, with 16 Corner, LLC, for the acquisition and rehabilitation of the Properties with $1,800,000.00 for the acquisition and $2,000,000.00 for rehabilitation, subject to the availability of funds. Section 4. Funds are to be allocated from Omni Increment Fund, "Other Grants and Aids", Account Code No.10040.920501.883000. Specifically, funding is derived from 2018 TIF Revenues ($1,832,510.00) and 2017 TIF Revenues ($1,041,531.00) with additional funds to be allocated from the proceeds of the Omni CRA 2018 Loan with Bank United. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Packet Pg. 15 2.1 VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 16 16 CORNER LLC OMNI CRA Properties November 2017 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 1 Packet Pg. 17 2.1.a 16 CORNER LLC OMNI CRA Properties INDEX Executive Summary 3 General Description of the Development 4 Development Team 6 Developer Experience 13 Property Information 18 Site Improvements 21 Appendices 26 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Packet Pg. 18 2.1.a Executive Summary This Application is made by 16 CORNER LLC, a Florida limited liability company (the "Developer"). The Developer has a view that the conversation of "resiliency" is more than just about infrastructure and should include an emphasis on social resiliency, defined as the community's ability to bounce back after shocks to the system. It is the inequities, which include the affordable housing issue, that create weakneses and vulnerabilities within neighborhoods and communities. In addressing resiliency, we have to address the human factor. The Developer intends to renovate existing multi -family residential units, which are located in the OMNI CRA in Miami -Dade County. The apartments, once renovated, are intended to be leased to the existing residents and as units become available to be leased to new tenants who are qualified under the affordable housing criteria. The Developer commits to a period of up to 30 years, under the following guidelines. Mixed -income residential housing includes units affordable to persons with incomes of 80% or less of AM I. This will provide: Workforce housing 33% Moderate income units 33% Low income units 33% Units in the Development will be renovated on a unit -by -unit basis. The Developer expects to begin delivering units within six months from the commencement of work, with a completion date dependent on the cooperation of in -place tenants. The Developer will honor the existing leases and will work to keep tenants on property during renovation by temporarily relocating tenants to unoccupied units within the Development site and placing them back into their renovated units upon completion, as the Developer successfully managed under the County Surtax renovation projects. Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Packet Pg. 19 2.1.a General Description of the Development The Developer intends to form a separate Florida limited liability company, which will be the record owner for each individual site. All limited liability company owners will have identical ownership and management. The names of each wholly owned subsidiary co -developer, and the real estate which the respective co -developer owns as of the date of this Application or will own upon the closing of its real estate purchase, are: follows: Name of LLC 16 CORNER LLC Real Estate Owned/To Be Owned 1541 NW 1ST PI, 1535 NW 1st PI, 1540 NW 1st Ct The Development consists of a total of 44 units, with the unit break -down as 12 Studio Unit 20 One Bedroom, One Bath Unit 6 Two Bedroom, One Bath Unit 6 Three Bedroom, Two Bath Unit The Developer commits to undertake the necessary renovation of the Development. The general renovation package, which the Developer intends to make in each of the units requiring renovation, consists of: All upgrades to meet fire safety code. If any of the roofs of the buildings at the existing site roof needs repair or replacement, the re -roofing will consist of minimum 15-year expected life and warranty on new roofs and Energy Star qualified roof coating and roofing materials. New heating, ventilation and air conditioning system in all units with a minimum SEER rating of 16. Energy Star qualified water heater in all units. Code -compliant impact windows with energy saving UV tint. Exterior doors replaced with fire rated metal doors. Ceramic, porcelain or comparable flooring throughout each entire unit. Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Packet Pg. 20 2.1.a Energy Star qualified refrigerator, dishwasher and full-size range and oven in all units. The Developer will install new cabinets with granite or comparable counter tops, and a new sink and faucet. • The Developer will install new bathroom cabinets, sinks, fixtures, toilets, tubs or showers. The Developer will install ceramic, porcelain or comparable tile bathroom floors and walls at bathing areas. Water sense certified faucets, toilets and showerheads with flow of 2.2 gallons per minute or less in all bathrooms requiring renovation. • Code compliant site lighting. Appropriate landscaping and fencing. Termite prevention and pest control throughout the entire affordability period. Upon completion of the renovation, all units in the Development will comply with the standards of the Americans with Disabilities Act, as applicable to the renovation of buildings of the age of these buildings in the Development. The Developer is committed to preserve and protect the environment and will install new Energy star -rated appliances and air conditioning equipment throughout the Development. The Developer will explore solar power solutions to help reduce utility costs to tenants and to promote the City's commitment to "sustainability". The following information is based on our recent experience for the 24 units being renovated under the County Surtax Program: The Developer is spending approximately $45,000 per unit to renovate. This includes new interiors but also base building work such as new roof, windows, plumbing & electric upgrades, and exterior finish - which includes landscaping and common areas. Please note that the $45,000 per unit cost does not include a developer fee. Given this experience, the 44 unit renovation will cost a minimum of $2 million to deliver a project which the Developer and the OMNI CRA can be proud of. Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Packet Pg. 21 2.1.a Founder of The Vagabond Group With a career path that has taken her from bond trading on Wall Street to developing properties along some of Miami's trendiest streets, Avra Jain has earned a reputation for identifying the next it neighborhood. The recipient of three Sundance Film Awards for the documentary Dark Days, this industrial engineering graduate from Purdue University develops projects based around two of her favorite pursuits: art and architecture. Jain suggests "Through art and architecture, life and lifestyle are integrated. Through life and lifestyle, communities and neighborhoods are created." To date, that vision has resulted in numerous boutique projects that range from converting a 100,000-square foot warehouse to luxury loft condominiums in New York's Tribeca neighborhood to the remake of The Vagabond, from Motel to Hotel on Biscayne Boulevard. When Avra is not re -imagining skylines, she spends time with her 13-year-old daughter Alexandra, whom she affectionately refers to as "my greatest accomplishment". Some of her most recent recognitions include: Urban Environment Leaders "2014 Orchid Award for Historic Revitalization", Greater Miami Chamber of Commerce R.E.A.L. "2015 Winner of Developer Commercial Category", the Women's Chamber of Commerce "15th Thelma Gibson Award of Excellence", the AIA Miami "Developer of the Year 2016", and the "2017 Community Catalyst Award", amongst others. Avra serves on the Miami Foundation Board, Dade Heritage Trust, Locust Projects, and University of Miami's Master of Real Estate Development + Urbanism Advisory Boards. Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 6 Packet Pg. 22 2.1.a Education NATALIA Y. CEBOLLERO ASSOC. AIA 787.448.2828 naticeb@gmail.com Masters Degree in Real Estate Development + Urbanism 2016 University of Miami, Florida Bachelors Degree in Architecture Universidad Politecnica de Puerto Rico, Puerto Rico Related Courses: Design, Urbanism, Project and Practice Management, Construction Documents, Structures, Electrical and Acoustics Principles Professional Experience The Vagabond Group, Miami, FL Architecture and Development Associate • Perform due diligence for loan closings • Work directly with Miami Dade PHCD to get SURTAX funds for the renovation of 23 units in Little Haiti/Little River • Pro -forma possible acquisitions • Perform Massing Studies for 2+ acres sites for possible Mixed -use Developments • Perform Zoning Studies • Project Manage the construction commercial and residential buildings • Project Manage construction of sewer connection in Miami Shores • Work directly with tenants for interior buildout purposes ARIA Development Group, Miami,FL Development Associate Intern • Perform market analysis for project pre -development • Assist with due diligence during property acquisitions • Create different design and parking scenarios used for financial studies • Determine project financial feasibility through BOTE and Proformas Charlan Brock Architects and Planners, Orlando, FL Architectural Apprentice & designer • Design and collaborate directly with developers and clients to establish apartment unit mixes accordingly to meet current market demand • Brief Project list: Type Units, Class A, Location Multifamily Student Housing 181 units (524 beds) Urbana, IL Mid Rise/ Podium 228 units, Mixed -use. Birmingham, AL Garden Style 281 units West Palm Beach, FL 324 units Mt. Pleasant, NC 249 units Orlando, FL • Development of Construction Documents • Assist during Construction Administration by answering RFIs and visiting construction sites. periodically Semper Fidelis Capital Group, LLC, Eustis, FL Family owned real estate investment company • Assisted in due diligence before property acquisition. • In charge of general property management • Showed properties to potential tenants Reinhold Jewelers, (Tous, Tiffany& Co., David Yurman) San Juan, PR • Ranked highest selling Tous store per square foot in December 2010 • Designed displays for collections and managed merchandise inventory 2012 June 2016 February 2016 To July 2016 October 2012 to 2016 2012 to 2016 2009 to 2012 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 7 Packet Pg. 23 2.1.a NATALIA Y. CEBOLLERO ASSOC. AIA 787.448.2828 naticeb@gmail.com Affiliations & Activities • ULI Hines Urban Design Competition 2016: Honorable Mention • ULI member : Attended ULI Fall meeting 2015 • Cofounder of One Dream non-profit organization (2012) • Knowledgeable in Costar, REIS, ESRI, ArcGIS, Argus, and Excel. • Advanced proficiency with AutoCad, ArchiCad, Artlantis, and Adobe Creative Suite • American Institute of Architects, Associate Member since 2012: AIA # 38254223 • NCARB Certified; ARE (Architecture Registration Examination) In progress • Volunteer AIA Convention in Chicago and Atlanta (2014-2015) • Volunteer Community Service Trip, Guatemala (Spring 2013, Spring 2015) • Fluent in Spanish (written and oral) Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 8 Packet Pg. 24 2.1.a EDUCATION • • AMANDA BONVECCHIO Architect I Project Manager Ig a mandabonvecchto@gmail.com amandabonvecchio.com https:!iwww.linkedin.comlinlamandabonvecchio 2014-2015 University of Miami 2013 Pratt 2009 - 2014 University of Miami Master of Development & Urbanism Graduated with the highest GPA while working part time. 39 USGBC LEED GA Succeeded in passing the LEED Green Associate exam LEED accredited Bachelor of Architecture Graduated with honors. Double minor in Ecosystem Science & Policy and Business. Cum Laude PROFESSIONAL SKILL AutoCAD Photoshop InDesign MS Suite SketchUp Revit Spanish REFFERENCE • Avra Jain President Worked closely for over two years at The Vagabond Group on various adaptive reuse and hisotric preservation projects. Margaret Nee VP of Development Worked closely together at Pointe Group on multiple inixed-use development projects proposals. Dr. Bohl Prof. University of Miami Director of the Master in Real Estate Development and Urbanism program at the UM School of Architecture. 9 https:i(ssuu.comramanda- bonvecchro/dousiportfu- lio_issuu_compress Who am I: Multi -disciplinary Miami born designer. Whatever I am working on. I give it my all. Passionate about sustainable design, inclu- sive culture and responsive style EXPERIENCE • 20I5 Present The Vagabond Group 2014 - 2015 Pointe Group 4, 2013 CMA Design Studio Inc. 2012 • Borrelli & Partners AWARD Architect, Project Manager Managing small and medium scale projects, forming relationships and coordinating design decisions with consultants, engineers, and contractors. Working in both AutoCAD and SketchUp across mixed -use projects. Working closely with developers. frequently presenting schematic design proposals to a development team. Familiar with the workings of the pubinr sector in preparing drawings to present to th. City of Miami and dealing with multipi departments on issues pertaining to th,- projects. - Mixed - Use Developmer - Adaptive Reuse - Project Management - Construction Administration - Historic Preservation - Presentation Drawings - Interior Design Architect Analyzing zoning and financial feasibility on projects and properties of interest. Creating presentational drawings, diagrams, massing studies, 3D models, renderings and pro formas to convey key mfonnation to investors and clients. Accompanying the partners to assorted construction sites and meetings r.. assess progress and potential with engineer, architects, and contractors, Architectural Associate Working primarily in the design development and construction document phases for several high -end residential projects, Assisting with the production of construction drawings such as architectural and electrical plans, architee tural schedules, and interior iEilevarions. Architectural Intern Drafting various design drawings and made subsequent adjustments based on both client and principal feedback. Helping to create a standardized library of resources for construc- tion detail drawings. Academic Excellence 2015 Awareded to the most dedicated student with the highest GPA upon graduating. 3.9 Art Exhibition "When in Rome" 2013 My architectural drawings were selected frnrn fho fi,d nt body to be showcased at the Coral Gables r, Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Packet Pg. 25 2.1.a Laura Weinstein -Berman, Associate AIA 6103 Aqua Ave, Apt 602, Miami Beach, FL, USA, 33141 I laura@lwassocinc.com I +1(305) 606-8948 EDUCATION Columbia University, New York, NY, August 2015-May 2017 M.S. in Historic Preservation, with M.S. Real Estate Development coursework • Thesis, "The Progression of Historic Preservation and Challenges of Sea Level Rise in Miami Beach" (Faculty Award) • Graduate Teaching Assistant, Heritage, Tourism, and Urbanization: Understanding the Landscape and Development of Lalibela, Ethiopia, joint Historic Preservation/Urban Planning Studio, Fall 2016 (Final report published by World Monuments Fund, NYC) University of Miami, Coral Gables, FL, August 2004-May 2009 Bachelor of Architecture, Minor in Art/Art History • Honors Program, graduated magna cum laude • Foro Italico, Included in the OPEN MAXXI Rome for the "Luigi Moretti Architetto" exhibit, May 2010 • Open City Studio, Tokyo, Japan, Summer 2008; Research and final project examined history of packaging in Japanese culture • Rome Program, Rome, Italy, Fall Semester 2007, with travel to Florence, Venice, and throughout Switzerland WORK EXPERIENCE The Vagabond Group, Miami, FL, June 2017-present Associate Architect Based in the MiMo Historic District, The Vagabond Group is a real estate development company focused on enhancing communities through adaptive reuse of historic resources, place -making, and innovative private and public partnerships. Led by Avra Jain, an in- house team of architects and project managers have developed a successful balance between art and commerce to engage in projects which range from affordable housing to boutique restorations and new developments. As in-house associate architect, my responsibilities include aspects from pre -design and financial analyses of potential development projects, through architectural schematic and design development, and owner representation through project management and construction administration. LW Associates, Inc., Miami Beach, FL and New York, NY, June 2011-present Founder Based in Miami Beach, LW Associates Inc. is a multidisciplinary design studio focusing on architecture, environments, and art direction. We produce effective, beautiful and strategic designs for our client list composed of Fortune 500 companies, boutique brands, and non -for -profit organizations. City of New York Landmarks Preservation Commission, New York, NY, August 2016-May 2017 Graduate Fellowship in the Research and Special Projects Department • Research and written contributions to Brougham Cottage Designation Report; Assisted with primary research and Architect's Appendix for Sullivan -Thompson Historic District; Completed presentation of Synagogue Landmarks Research City of Miami, Miami, FL, Summer 2016 Summer Researcher, Historic Preservation and Planning Department • Completed report of the Transfer of Development Rights (TDR) Program, 2009-present CERTIFICATIONS • American Institute of Architects (AIA), Associate AIA, expected AIA accreditation in 2018 • Leadership in Energy and Environmental Design (LEED), Green Associate, certified May 2017 • United Nation's Sustainable Development Goals (SDG) Academy, Sustainable Cities with Distinction, 2016 AWARDS • Columbia University in the City of New York, Faculty Award for Outstanding Graduate Thesis, May 2017 • Habitat for Humanity, Habitat on the Hill Youth Scholarship, Washington D.C., January 2017 • Cleo and James Marston Fitch Grant, New York City, December 2016 INTERESTS • National Trust for Historic Preservation, Historic Properties Redevelopment Program Member • Miami Design Preservation League, Manager of the Center for Resiliency and Sustainability • Habitat for Humanity, Advocacy Volunteer REAL ESTATE RALAJA, LLC, Investor • Real estate investments in Miami Beach, FL; Honolulu, HI; Indianapolis, IN; Austin, TX Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Packet Pg. 26 2.1.a NELSON RICARDO DIAZ 6992 NW 42nd Street Miami, FR 33166 Phone (786) 331-7300 Fax (844) 692-3303 Cellular (305) 439 8257 E-maifticardo@diazrussell.com Education WORK EXPERIENCE: BA Architecture The Catholic University of Colombia Bogota, Colombia 1990 -1996 Post Graduate Specialist in Hospital Design The Business Administration School Bogota, Colombia 1997 -1999 State license General, plumbing, roofing and Air conditioning Contractor Miami Dade Community College Miami, Florida 2000 — Present DIAZ & RUSSELL CONSTRUCTION COMPANY. Miami, FL June 2012- Present President & Qualifier for the following trades: • State Certified General Contractor • State Certified Mechanical Contractor (Air Conditioner, Heating, Venti- lation, etc) • State Certified Plumbing Contractor • State Certified Roofing Contractor DIAZ & RUSSELL CORP. Miami, FL President June 2004- Present Florida Engineering Services. Miami, Florida 2001 - 2002 Mechanical I Cad designer • Complete development of mechanical design for high-rise buildings, including residential, commercial and institutional. I provided calculations, design plans, risers, and all this with the best selection of manufacturer and machines suppliers (Trane, Carrier, Greenheck, York, Titus and FHP). • Most representative projects include: 1390 Brickel! Bay (39 rising floors), Quantum 1 & !1 (51 rising floors), Atrium at Aventura (192 units), Terzzeto, (lofts villas condos, 405 units), Trump Palace (44 rising floors) and The Continnium 11(40 rising floors). Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 11 Packet Pg. 27 2.1.a DFG Consulting Engineers. Coral Gables, Florida 2000-2001 Cad designer • Complete development of mechanical, electrical and plumbing (MEP) systems for different types of projects including residential, commercial and institutional. Starting with XREF, design and plan of each specialty. Electrical: power, lighting, risers, panels and details; Plumbing: sanitary design and water floor plans with all their accessories; Mechanical: Initial proposition of the air distribution for architect approval, calculating from sensible bad and CFM for each space and its respective machines and details. • Most representative projects include: Baywinds (700 units project), Tallahassee, FL; St Croix (650 unit project) Ft. Lauderlade, FL; Emerald Plaza, Beacon, Seal (RENZ1 Developers) Miami FL; Medical Center, Miami FL. District Health Department of Bogota Bogota, Colombia 1997 - 2000 Architect/Consultant • Assess and audit hospital projects of high specification,. • Revise and apply building codes for hospital and all related medical facilities in the city of Bogota. • Conduct evaluations of project feasibility, factors of productivity, performance and investment for new hospitals in Bogota. • Revise design and construction proposals for projects intended for the public health network. Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 12 Packet Pg. 28 2.1.a Developer Experience The Developer is managed by Avra Jain, an experienced real estate developer. Avra Jain's real estate development experience includes some of the following completed projects: Cobblestone Lofts at 28 Laight Street in Tribeca, New York City, was built in 1891 as a warehouse which Avra Jain and partners converted from an approximately 100,000 square foot storage warehouse to 32 residential condominiums in 1999. This intimate, full -service building has seven stories with luxury amenities including a roof deck, fitness room, and library. Avra was responsible for identifying the opportunity, negotiating the purchase and sale agreement, bringing in a financial partner, and identifying the architect and construction companies. In addition, she oversaw sales and marketing of the project. Avra's completion of Cobblestone Lofts was not only financially successful, but it set the bar for that transitional, north Tribeca neighborhood. Upon completion of the project, Avra relocated to Miami in December 1999. The residences at Blue Doral Residences at 5300 NW 87th Avenue, in Doral, Miami -Dade County, Florida was a brand new ground -up, poured concrete, construction on seventeen acres of land at the 12th and 13th hole of the PGA Blue Monster Golf Course. Avra and partners constructed 215 new multi -family condo - hotel residences located in fifteen, three story, villas -type structures made up of large studios, one -bedroom and three -bedroom units. The project included a spa, restaurant, outdoor pool, fitness center, bar/lounge, and a poolside bar. Construction began in 2006 and was completed on time, approximately 20 months later. In addition to the 247 residential units that Avra Jain has developed, she has successfully completed the following mixed -use real estate projects: Vagabond Hotel: Miami, Florida Stephens International Motel: 6320 Biscayne Boulevard Miami, Florida National Historic Register boutique hotel with 45 rooms, a full restaurant/lounge, pool terrace with bar, gym and event room. Purchased in October 2012; full building permit in 6 months; opened August 2014. Historic motel property to which Avra Jain applied adaptive reuse and converted into a commercial complex which includes a new "Reserve" Starbucks, Beacon Hill Chocolates, Serge de Troyer design showroom and Real Deal office space. Construction was completed within 14 months of the Starbucks lease execution. Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 13 Packet Pg. 29 2.1.a South Pacific Motel: 6300 Biscayne Blvd. Miami, Florida Miami River Inn: 118 SW S River Drive Miami, Florida 5555 Biscayne Building: 5555 Biscayne Boulevard Miami, Florida 3650 N. Miami Avenue Building: 3650 N. Miami Avenue Miami, Florida 888 Biscayne Blvd. Building: 888 Biscayne Boulevard Miami, Florida County Surtax Scatter Properties: 7800 NW 2nd Avenue 6820 NW 2nd Avenue Miami, Florida Historic motel property to which Avra Jain applied adaptive reuse from Motel to "Wotel", working office space. Project will be delivered by the end of May 2016, following a 14-month full -on construction project. Property is fully leased by an advertising agency and an organic cafe concept. National Historic Register hotel recognized as the oldest existing lodging in Miami built in 1908/1909. The property was purchased April 2015 and will be officially reopened by Memorial Day 2016 after Avra Jain's thoughtful historic restoration and upgrade. Property has 68 hotel rooms and 16 apartments. A food and beverage component is being added to the overall experience. Approximately 17,000 sq. ft. that Avra Jain fully restored to a creative Class A office building located in the MiMo historic district. Adaptive reuse of an old preschool into an approximately 20,000 sq. ft. designer showroom space. Currently fully occupied with furniture and kitchen showrooms that were displaced out of the Design District. Approximately 40,000 sq. ft. of raw commercial condominium space that Avra Jain renovated into commercial and office use. Rehabilitation of 23 units in the Little Haiti neighborhood to maintain existing affordable housing under a 30-year covenant, utilizing County Surtax funding. Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 14 Packet Pg. 30 2.1.a Property Information The Property consists of three parcels (five separate buildings) within the OMNI CRA. They border the Overtown CRA along the north -south axis of NW 1st PI, and provide a critical node to one of the more challenging areas bounding the district. By providing 44 units of exemplary affordable housing stock, the Developer hopes to catalyze affordability, while maintaining the historic and community ties existing in the neighborhood. Figure 1: Property Location Map; Source: Goog/e Earth and boundaries from OMNICRA.com The three properties within the OMNI CRA are: 1. 1541 NW 1st PI (10 units) - one structure 2. 1535 NW 1 PI (10 units) - one structure 3. 1540 NW 1 Ct (24 units) - three structures Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 18 Packet Pg. 34 2.1.a OMNI CRA properties OMNI CRA boundary 0 1541 NW 1st Place 0 1535 NW 1st Place 0 1540 NW 1st Court Figure 2: Axonimetric property locations; Source: Google Earth and boundaries from OMNICRA.com Property 1: 1541 NW 1st PI Property Info nnati on Folio: 01-3125-048-1 370 Property Address 1541 NW1 PL Miami, FL 33136-1982 Owner DSI PLACE LLC Mailing Address PO BOX 624 HOBOKEN, NJ 07030 USA PA Primary Zone Primary Land Use 5700 DUPLEXES GENERAL 0303 MULTIFAMILY10 UNITS PLUS I : MULTIFAMILY OR MORE UNITS Beds !Baths !Half 1011010 Floors 2 Living Units 10 Actual Area 5,212 Sq.Ft Living Area 5,212 Sq.Ft Adjusted Area 4,194 Sq.Ft Lot Size 5,700 Sq.Ft locn 'Taxable Value Information 1 Land Information T he calculated .clues for this property have been overridden. Please refer to the Land ,Building, and XF Values in the Assessment Sed ion in order to obtain the most axurate values. Land Use Muni Zone PA Zone Unit Type Units Calc Value GENERAL T3 0 5700 Front Ft. 6000 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 19 Packet Pg. 35 2.1.a Property 2: 1535 NW 1st PI Property Information Folio: 01-3125-048-1380 ro Property Addss 1535 NW 1 P L Miami, FL 33136-1981 Owner DSI PLACE LLC Mailing Address PO BOX 624 HOBOKEN, NJ 07030 USA PA Primary Zone 5700 DUPLEXES - GENERAL Primary land Use 0303 MULTIFAMILY10 UNITS PLUS : MULTIFAMILY OR MORE UNITS Beds /Baths!Halt 8/10/0 Floors 2 Living Units 10 Actual Area 4,620 Sq.Ft Living Ares 4,620 Sq.Ft Adjusted Area 3,843 Sq.Ft Lot Size 5,700 Sq.Ft Year Built 1952 Taxable Value Information 20171 20161 2015 Land Information The calculated values for this roperty have been overridden. Please refer to the Land, 9uilding, and XF Values in the Assessment Section In order to obtain the most accurate values. Land Use Muni Zane [ PA Zane Unit Type Units Calc Value GENERAL T3 0 5700 Front Ft. 60.00 Property 3: 1540 NW 1 Ct Property Information Folio: 01-3125-048-1360 Property Address 1540 NW 1 CT Miami, FL 33136-1970 Owner DSI PLACE LLC Mailing Address PO BOX 624 HOBOKEN, NJ 07030 USA PA Primary Zone 5700 DUPLEXES - GENERAL Primary Land Use 0303 MULTIFAMILY 10 UNITS PLUS : MULTIFAMILY OR MORE UNITS Beds 7Baths /Half 42 /30 /0 Floors 2 Living Units 24 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Area 12,275 Sq.Ft Lot Size 18,000 Sq.Ft Year Built 1949 Taxable Value Information 20171 20161 2015 Land Information The calculated values for this property have been overridden. Please refer to the Land, Building, and XF Values in the Assessment Section in order to obtain the most accurate values. Land Use Muni Zone PA Zone Unit Type Units Calc Value GENERAL T3 0 5700 Front Ft. 180.00 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 20 Packet Pg. 36 2.1.a • I W C (7 W (A O 40-4Z Oct WOWZ UOMOCI—>-<WO 'or U' J J i G) lc 0 0 (c 0 1L0 c 0 ca ld 0 Z CCO CI CO C .0 i 0 L� 0 +ate M - _ va 71, `0- h J _ C' L5 c0 CUr) L ca3 4. M 3 (=u m= C E-' s ( 0 - (ma C Q a u 3 • 21 Packet Pg. 37 f 3 1 t �J 8£ '6d'wiped SITE + BUILDING IMPROVEMENT MATERIALS PIPacP nntp• Thpcp arp not final (;ranhirc ills ictratP nrnnncPrl Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Tax photo, c. late 1950's - early 1960's; Courtesy The Black Archives 11 1111111__• 1111111 INIIIMPIII r/ . 1.II MI=Mnip==. mimo, r, IN NM iN 23 2.1.a c.) 0 0 • :s3 _0 0) 0 b: cl co 0. ga• 2 0_ c.) . 0 s. co goi co •4E - Packet Pg. 39 Current north facade; Source: Google Earth 2.1.a WririeSTTIMItteiTTTUM111[14, r,:10377Millirelart , : : , or • a • e ' o us 1 n • ut - e • P .. a 25 Packet Pg. 41 Zi .6d 10)IOBd NW 16TH STREET IIIIIIIIIIIIII 1 I I 1 IIIIIIIIIIIIII GRASS SURFACE 11111111111111 1 1 11111111111111 CONCRETE SURFACE 11111111111111 1 1 11111111111111 NW 1ST COURT NW 16TH STREET J IIIIIIIIIIIIII I I IIIIIIIIIIIIII I I 3/2 1/1 0/1 2/1 LAUNDRY 1560 GRASS SURFACE 2/1 0/1 "/1 3/2 11111111111111 I 11111111111111 1550 CONCRETE SURFACE 11111111111111 I 111111111111111 i 3/2 1 /1 0/1 2/1 1>1 1540 NW 1ST COURT ( Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) OMNI CRA 1540 NW 1at CT Miami, FL 33136 ONICER. REAL EST. PROICISCRIPALDESIONECC IAMI REAL ESTATE INVESTMENTS, LLC •-;vw ,rare. 81,74 Vx 9.0.01.01XLS.J. 0 .01.461.12STARI Ili= &IP .reror aromas. aam PrgecrRec 0111Mota o..w. er iwe NOTES: MEASUREMENTS TAKEN FROM MICROFILM. NEED TO TAKE ON—SRE DIMENSIONS FOR ACCURATE INTERIOR AND EXTERIOR MEASUREMENTS 10/25/17 £17 .6d 13)1°ed 2 3 4 E D e A PROPERTY LINE V ❑ V V U U APT #1 (1/1) APT #2 (0/1) APT #3 (0/1) APT #4 (1/1) APT #5 (1/1) EBBE-" Ilril 4 0 P 4 P 4 e KITCHEN DINING ROOM FAMILY ROOM BEDROOM/ DINING ROOM Q1_ BEDROOM/ DINING ROOM KITCHEN DINING ROOM FAMILY ROOM DINING ROOM FAMILY ROOM KITCHEN LW.I.C. .-7 W.I.C. w.l.c. �C -/I BEDROOM BATHROOM KITCHEN BAT BATHROOM KITCHEN BEDROOM BATHROOM BATHROOM BEDROOM III iii"'LLL Il Il 1 . 1 17'-6" I4'-4' 14'-4" 17'-1" 17'-6" / OMNI CRA 1541 NW 1st PL Miami, FL 33136 E I D I I s I A Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 2 3 4 OWNER REA ES7MIE INVESTMENTS. LAC IAMI REAL ESTATE INVESTMENTS, LLC "4Yw,b.,oro,.1 TA ISSIIe b°sii P *4RN. s: OMNI CRR Drawn er LWB 00101 TPA 01-101L Irr MRM11.0111 10 1110 p Y 10/21/17 1717 '6d ;a)IOed u / SOUTH ELEVATION 111 1 IMI NORTH ELEVATION E D B IT A Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 3 OMNI CRA 1541 NW 1etPL Miami, FL 33136 W 0 I— J W Z J W W 2 h H o (/).E W �LL a z Pi p, w..,a,a u imam (evoLaaFa..0 Issue el:isle/For October 24. 2017 PmjectFat. it: OMNI CM Drawn by LOS Si .6d 3a)13ed E D 8 A 2 2 J WEST ELEVATION 3 3 1 m 4 4 EAST ELEVATION E D I I B I A Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) PROJECT OMNI CRA 1541 NW 1st PL Miami, FL 33136 OWNER NON REAL ESTATE INVEEWIENTE LL[ W I- J I- W Z J W 8 W I- 56 ( s8 W 6± < Z Project Rat. x: OMNI CRA Drawn by L. 1101110 Mid-Sn01MpLL�M MOM 1,00.11/41 ONEE NO 9V'6d le)13ed ID IDitg 1S lip ®IR IQ ® ` 1P 0 10 a ®® IM 0 m ® 1K �CID I ri JD EXISTING EXI� O 7 O EXISTNG ®® EXISTNG BATH EXIST. �" 0 BATH . EXIST. 0 KTICHcN EXS jp� ® U ®� ING k")' BATH EXIST. _0 BEDROOM EXISTING II II VIIII ir_ N.I.C. II II w-I.C. 1 1 w1C. FAMILY ROOM FAMILY FAMILY ROOM ®Wi Ei EXISTING EMSTNG M �9°� IaY EXISTING W1 T`M'1 ®," ® KITCHEN EXISTNG DINING ROOM _ EIGSTG L\ DNNG ROOM EXISTNG _ 10 KITCHEN EXISTING BED 0DINLNG ROOM EXISTING BEDI DLY1N0 ROOM EXISTNG DUNG ROOM EXISTING - EITSCHEN lA ® IS ® IC ® ID 0 lE ® IF 0 IG ® a IB 41) 11 14 1, 1,4 ) ,y1 as me rs b,4" ' EXISTING 1st FLOOR PLAN SCALE-l/4,=,•-0• NOTE: WINDOWS• by Sunshine Windows NIFG, Inc 6v Yale O¢roe MFG Co. Inc ALLH. SHUTTERS: by Ale. Wm -Ram NOTE: HEAVY DASHED UNES INDICATES HURRICANE SHUTTERS SCOPE OF WORK: DOORS S WINDOWS REPLACEMENT. HURRICANE SHUTTERS INSTPLlAT10N D=1 mc/nwa Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) LV '6d 3e)13ed ®Illt 25 40 2R 2O 2R ® 20it 2N ®® IL ® 1K _ S EDROOM EXISTING BATH EXIST. Cl HAIR EXIST. BEDROOM EXISTING I KITCHEN EXISTING BA FH EXIST. �Q BATH EXIST. O KITCHEN EXISTING BAT[i EXIST. BEDROOM EXISTING i // FAMILY ROOM FAMILY EXISTLYG ROOM FAMILY ROOM EXISTING ®® tlSTLVG ev: BED/ DLNLNG KITCHEN EXISTING DIVING _ EXISTING ROOM DLYNG ROOM EXISTING KLICHEy EXISTING BED/DIM ROOM EXISTING ROOM EXISTING DINTNG ROOM EXISTING KITCHEN EXISTING m® 22 ® 2C Cif2D 0 2E ® 2F 0 2G ® 2H 0 Si Pil tu 3 t. 9.4. red. EXISTING 2nd FLOOR PLAN SCALE 114" = I'-0" 0 NOTE- WINDOWS: ALL X SHUTTERS by SuesIBee Windows MFG.. MSC.• Inc YohCnev MSG Co. inc by Staab Hurricane Shutter, lee. NOTE' HEAVY DASHED USES INDICATES INIRRICANE SHUTTERS SCOPE OF WORK: DOORS 8 WINDOWS REPLACEMENT. HURRICANE SHUTTERS INSTALLATION otmB2acv Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Top 6FPaapet Elev.+2Yd'� Top of2ed f/f Top of 1st Yr Elev_*0'-0-� GRADE Elev.+Vanes NOA: 05-1003.17 30337 (,0:020me3) NOA: 02-021102 - 4,,71 NOA: 03-1003.12 s ess IR NO, 02-0502.06 26 lboW NOA: 02-0212.02 261/23535/3 H (sngle Hwgl 'nW NOA:02-0212.02 NOA:02-0507.06 Mars , Mr..:ko Sue .) , 'N NO, 05-1003.17 NOA, ozyitk R° O4D C LEWM4BDM SCALE Ud"= 63366 MVrfenne000.1 rOA:02-SLuers1 ]S.e 66 NO, 05-I003.17 NO, 05-100312 VOA: 05-1003•17 338 rs»ex�,d *.0Darr2m Pit& 80 420A: 02-021102 NO, 02-021202 NO, 02-0212.02 Cl® m® 2D 2C6 ) nmem,e7mem) (N,e.2ome 538 ) NO, NOA: 05-1003.17 e Non: 010212.02 ®® rsm02i 51 NOA:02-0212.02 ®® NOTE: WINDOWS: by Sunshine Windom MFG. lee. 6y Vale °gross MFG Co. Inc - ALL H. SHUTTERS: by Alufab Hurricane Shutters, Inc. NOTE: HEAVY DASHED LINES IVDICATES HURRICANE SHLTTERS Mmricrole Su NOR 05-1003.12 ,o10 42 gk NOA: 02-021702 m® (H,nnrm:e6.S.) NO, 05-1003.I7 NDA: oz-ozlzoz END NOA: 02-0212.02 Mx 66 (H3rrimne53/0•4 NO, 0,1003, .ay;., os ®® (TYPICAL) Mon nal e-61025 135n312Mmy gtnes0m 1 2.02.0,my �22-02,8) (single 0262 N0, 02-0212.02 100, 02-0212.02 NO, 02-0212.02 100A: O2-0212.02 N0A: 02-0212.02 (Hvr:cnne SmerO Rr..,6gxssmme.31 '046.sn,.5 s) Vessricmm.our33) Mm,F3m.6sm ry N0A:05-1003.17 NOA:05-1003.17 NOA705A003:1O03.17 4204:05-1003.17 NOA: 05-1003.17 I G30O H4 G OO G34 A D C EMVE©o [ SCALE' I,O'=I'-0' (S)356H'7R) NOA: 02-021202 683. Mmicnne0uners0 NO, 05-1003. V NO& 02.0212212.02 33366 Henl (rene Scan) NO, 05-1006.17 Top o0P416564 �Elev.+22'.6' Top of2ed Gf �Elev.a9'-0" Noce RAILING NOT SHOW CLARfIY Tap of 1s1Of GRADE EIev.3Varies ®-3 3InO32037 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) se x66 Elwwww Mew,' NOA: 05-1003.17 26117,7017 (Segle NOA: 02-02120212.02 n]afeviease srcm) NOA:05-1003 Top of Parapet Top of Tanya Elev. +22L"j„, OTE WINDOWS ALL IL SHD]TERS 01 Somhine Windows MFG., Inc by T616 OEMS MFG Coo Inc. by Ab46 Aoeriesoe Shotteeyloe. l\ Top of2nd of Elev. '9'A" May A:0005--Sw NOA: 1003.17 261/21505/3 (S2S1IM0) NOA: 02A212.02 Top of Parapet Elev.+22-6".1, (S2Ote Hwgl NOA: 02-0212.02 tPRIREHERR 0 8/50IS 19 Agl %W 1ONE,Wwy, W.RNNw) NOA:02-0212.02 NOA:02-0212.02 NOA 02-0212.02 NOA:02-0212.02 110A:02-021202 NOTE: HE4t'YDASILDLYES INDICATES HURRICANE SHUTTERS 26 IE. SO SR :02 02wy NOA:02-0212.02 x 66 (ane ew) NON 0,1003.17 g m ELEWL\4000 H SCALE: (/4"=/'-(7" 33 (HveiemeSerteee���f - 052966eesamers) (Hmimre suttee, M.mtme5:awry 5Mwam.588,0 (y„,r<mesway NOA: OS-1003A] l sswen! (H...remert easy (NumemeOsseoy 63 NOA:05-1003.17 NOA: 05-1003.17 NOA:05-1003.17 NOA:05-1003.17 .OA:05-I003.17 ` // NOA: OS-1003.17 NOA: 05-1003.17 NOA:05-1003.17 EGRESS (Skye H8/ (Single NNW le Ming) NOA: 02-0507.06 NOA: 02-0212.02 NO, 02-0212.02 3,63 EVER (Sm&EWE NO, 02-050,06 45671 (Nwnimreorter, NO, 05-1003.17 Tap of2ad flf Top of 1st Of GRADE E1ov. +V2i6e 2612 ]SIR mgl OAA2-0212.02 Top of Parapet Elcv. +2236. Top o£2n2 ET CDfMICAL) Top of2nd Of 9.31w _M FT 5.223o; i275 s^Qr: osgi aleo w'7 03605-r ^-spf_j: 230.23 v_2<s4Pr 1 r _ 30 Elev.+9'-0"� �Elev.+9•y" TONE 'm ZONES Top of 1st flf II^ -I + -, Top of IEEE'', .3isp-� xx 1SO7_7 100 1 SG 510 S SO fT 5_SgF1' r°-'1 262250tT t0S07e77' 5105pt5.0 1 r 6 a Elev,+0'60%1, GRADE L - 4 J Elev.+0'-0" GRADE ,, 261, x SO SR (Sk0L (Single Wyly! NO, 02-07070507.06 NO, 02-050,06 160mgle Wm) (5"RleHmyJ tobrpte Nwg) 9 VA 1p60te Hm4 (Siege 4u01 NOA:02-0212.02 5.0A:02-0212.02 NOA: 02-021242 N012:02-0212E2 NOA: 02-0507.06 ' `:m''3 OS a7Hmsw .) t..'�eesw�) aenRinSadte.i Hfe.,eseeo (ERRS. S.o) EINNerSwen NOA:05-1003.17 NOA:05-1003.1] NOA:05-1003.17 02012:05-1003.17 NOA:05-1003.17 000205-1003.17 3IEGT2 QM )UVFIp IELEKAVooa SEW F. EGRESS V NOA: Hn*W 1(s'kFn Hm3N1 a(Stn,SLARR A: 02-0212.02 NOA: 02-0212.02 NOA: 024212-02 (7kgleamgl NOA. 02-0527.06 64 66 ,NymYme Snow., NO, 05-1003.17 Mwmr�e sxm) 02.siens Semey (7fm.'.me0969) NOA: 05-1003.17 NOA: 05-1003.17 NOA: 05-1003.17 Elev.5Varies CDOW Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) WIND VELOCITY: 146 MPH EXPOSURE CATEGORY: C BUILDING CATEGORY: II IMPORTANCE FACTOR: 1.00 DIRECTIONALITY FACTOR (Kd): I COMPONENTS AND CLADDLNG: Nw� wxd enshine Windows MFG.lot Vale Ogran Mauuractnriag Cu., Inc lA/SA: ,..enfGlastrue � ar.1p �,von:°Sm11.o2 rqeRn9n J,Sae,V ,van luau¢ on,513-ANS Glass. Required: Hwnme Shim, 15 Required per > i75.62/1;7.57 (sone5) 113/28/,IC/2C,5 1E / 2E. 1F 2R.1C /2G made reaxl pmeae Appm,m NOA.RS-02u nz: Ere' Glass type DesmHne _Rua -new Gla Required: Impact Rating: 2"nm411. zwuireed 22.20dn Non impart +7]/-6 w > 15L16l-S ptre fanned) ]D/2D: Made Cowm NeranAppeared/ NOA:02-OS/zei Fqarswpe.21. 200,7 Non rmp.m. toss Opt Dearipdxn: DSI ANNc • sue sresuirs + ]/-6_pig ' +q62/ d j.r pane e) 20/2H: niumininn le Wimlow, Series Cannl>nedge ion:opSRra.xrNpA.44.4:204dS-F�de,A12200n Non Impart Glade ispe 83.8mqe !impact iiilone Missile Impact Require. Hurricane Sludrea Regu,ed Approved Wind Premium Sire Sperege ♦60.. /._pe > +Q.R/-7l4941 m 6(mend) 1I/2I: / C 11mpSingle p . Ae Window, n osavz00o n za soon Non I.* ,tspe l> 31reile Dupree ip n: SO,. Girsa ng:None Missile Impact • Runienne Shutter, Required l/-sp pare +w.ApprovedW awr + Speakind Preindirm u- Sire /_5.-2 (mend) 1.1/2.1: Aluminum Single Hung 5 . or nd5o °oiepre�ia. /e loanIass 28,0DeaTNba ase.AWindow. l• e IImp .d .one Admehpen Required: Hurricane Witte. Ram. ANn,mpna a70.0/-7p + 52Ss/-PApam (Toned) 11C/21(.I1./2L: Aluminum Single'anrgStx°00oS Ewvugp, Sz. iro7�Non Inpect Glass type Denerireiu v DSS-A.W Glass Rrelnre None dAirele Impure Required, Mane Shutter's Id,. Arts.. Wise riewsurst > site 5,466 m ♦60. cp 51..21 3 pre. (bone s) 1M/214.1D/20 IP/2P, IS 2S.1T / 2T: Aluminum Cmp.o`izoa.in::I° I/e 53a 3/8m• on.p gtreproml u2n Naa�dma ne: DSRAW Gg :die. Impact nips._ Required:Rum m`*Nene alizspe Impact Approved Wind Premises SiteSpeelfir 4 . - utter Is Rreured > +54u/ se.PSlMre fmne4) 1S/2N,1Q/20: Aluminum GwNS42s Rung 5/.4,'aa:02a(SSeries 4e2,si:a0s(2 do aS2 Gloss me Description: osR-AN'NG ,2. soon Nm./np®,. rellrele Rom lintrere None Missile Tread Required: Hurricane Shunter, Required IR/2R: !twee CxnrpAluminum Single Hong Win., Seem pm.. Appro.N,VOA: SOS2/0 c:e=/,s62 2441 a63 ameype 0s reium OSa-AW, Glare WrxNon IR200n rvannpxr. Impure Rare, ven Required, Hwn®,e Muller is Rgnni u Aterwed Wind 5 ,em > suit Spestue twitter. S5.4ref +50.62/- (Toned) ID: m Ga • re9Single A Window, Ao-0z;2o24'E Ahp,az osrs Clamp, Dnadptium D.ea-ANNN Glass `mB°'" aAon/„p.nMere Impure Ratrere None Missile., +52.lw/-7per (mane8 20: le Rims • NSA4m,er AppvodNa4:US-0d i0z'S4 R)ah OranWApe.. 22. 20en Naempan. Goa repAlireile ulxnnRaen: OB-A.W Ghs. None Missile Required: Ruminant Renter is Required mmct ]/-6 _ +5s vnr > a2 / p,r -72 9 m +6R(sound/ 1V/2, ...Conde,Pr...App..INOAowso].°AEq,aeeNan re. SB9, A...pa. Class 85me Cemiptien: D56nW, Glosv • pace �cn` None Mimle Inman • .ol q er Is Required >Preemure AAL55/-5p prr(wne a) IW/2W: e0srAmei4's044425/9 caeaovprro.22244221111. Nx.',pact Glass type Deseren:DSB-A5Nelae Minn. Imp. Rafts: None Missile Imp Required. Hama SimerR Iteme.d > R4.Specific Aeeere psi. 22/. SS.a /sane 4) Xurrecarre Shnttere: M Aluralr 8orrioaae Shutters, Tue. :MuneI pact.unALargeaNOAal1.04o2 Impalree Apn 59,1 )Lqa¢ ' Large and Small Nine Impact Ma lNMI Pan Gahnhiave Sme6 N ph 9zwd,;Gretle designationw/ (=]96i (Allen Rolled) and ouhR50A LVAYILCD Egress windows: A window in a bedroom which does not have an th'or door or another egrss ewindow must meet e egress requirement of SEC 10054.2 Minimum open height=24" Minimum open width =20" Minimum open area -.12S sq. in. Maths'= sill height above floor=44" U.5 SEMMES Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) CRODrel fn 74:1:A...5 • Z.' 0 Nt..iv)k/ 2 4./0 • 5' /Ago' .! I L . a f. ,/ce • .4.-1.440/ • ',X+40/2E,2 ff, ,;•ei-,-_,41_ 7- *J •ev-,/ 744. L. . w • / 0e.Ji2T 4-, P T ' e o. o • L. 00, ' Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) ZS '6d le)13cd r p • .5Gyzo./.v• TUr af,,,dy ern, - - &40ciy /022, , • s s 1111 !' 111111 - • .24 CoNsrRuc bA/ LJ /2' /, Ccri.s7TRc.cr7on/ i'<i., 6- ,- - - !,?, , , _. - j- Ai. _1. 3 ,1 8,, ... ,,'.5.,, ..,,,,,' T. .., SL - Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) `a0ua03 81. of lue.19 uoi4e4i1igegaa yn9 6uisnoH algepao;;tl £84£) lesodoad 011 J8UA03 81. £84£ .3uauagoelly Q/c J. fir. 10'� c.); O nd. E ,LA7,-, A7 5 - FLJ; /, P_ ABE/NYESTMENTS, /NC, ADDRESS /-51-0-50.- ;'J .tl.Nl'/7 C? OF fE5 NO,OF LIVING /2 3 eef/o75. UNITS ROFEs(f01:Rs.:epirliir, OA QUALCNAtU4 5 EAL�.i I GNAiUAk�L,LAiF;.; • Packet Pg. 53 VS '6d le)13cd • FoS771,/6 eaokri 7 11 ''-�- c�l_�II zoor oyck1-1eNG ,QaoYE 47S TO p►G�t� vqFt2R aARRlER MAONR( aPEF411,1C• Tb r--1K. fZL• 47L.lIKEMLNrS A t ' S'/1 /1 /b yC%T /770/0DW' w/M f /cz1,6,%jo//// dUc' CDXf7�' is/m!l� �Crf - /d/h/ Wn F44J- ¢/r/G (—SLD r 14Y - r 2` ; C� oC ;, &d SC// zweA,oe s72-2, Cam) 8x/e°77eaE ! ri/8-#SCa Clio) VENT BLDGK 1 1P- C S:3 PLL 1.41)(}i-10r=-( �. I A.er-.1 r LO//t C/ %O /t/ JN/rJE.t; 45,c /c!(/cSTNEr✓vs //lL- . .40L S. /Mc'-50- a Nri//s/C`` V7 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 4 rair C!. ,,;, ,iFt.t510D4 14..,'21igc, lO -410v ��sedsrr,�r.fi FH ,,n[{_H SITE INFORMATION: CITY OF MIAMI, FLORIDA LEGAL DESCRIPTION WADDELLS ADD PB B-53 LOT 3 LESS WSFT ST BLK 37 LOT SIZE 60. COO X 05 OR 12755-523 )285 5 CDC 22454-0707 06 2004 204 22450.0707 0604 02 SCOPE OF WORK RENOVATION OF AN EXISTING CONDO UNIT. EXISTING KITCHEN CABINETRY AND SINK BATHROOM TUB AND SHOWER HEAD AND ALL EXISTING OUTLETS, LIGHT FIXTURES AND LIGHT SWITCHES TO BE REPLACED FOR NEW. REFER TO PLANS FOR DETAILS. LOT AREA: EXISITNG UNIT AREA: AREA AOOITION: TOTAL NEW AREA: N/A 410 SQ.FT. A/C 0 SQ.FT. A/C 410 SOFT, A/C CONSTRUCTION & OCCUPANCY TYPE TYPE V - UNPROTECTED CONSTRUCTION OCCUPANCY TYPE GROUP R-2 FLORIDA BUILDING CODE 2007 ZONING CATEGORY: R-3 LOCATION MAP LIST OF DRAWINGS: A-1 DEMOLITION PLAN • MOOR PLAN &NOTES SYMBOLS: NO =ALLFMOUNTED DUPLEX RECEPTACLE WALL SWITCH 45.4FF N WALL MOUNTED LIGHT FIXTURE G ELECTRICAL PANEL ® SMOKE DETECTOR ® 220 V DIRECT CONNECTIMN JUNCTION 60X SS '6d le)13ed NORTH ARROW LEGEND AREAS: ELECTRICAL NOTES I. ALL NEW BEDROOM OUTLETS TO BE ARC FAULT PROTECTED. EXISITINO OUTLETS TO REMAIN sAME. 2. SMOKE DETECTORS SHALL BE IIOV INTERCONNECTED MO ARC FAULT PROTECTED 3. ALL ELECTRICAL EQUIPMENT CIRCUITS LOCATED IN BEDROOMS (OUTLETS.FANS.LIGHTS,SMOKE DETECTOR) SHALL BE ARC FAULT PROTECTED 4 ALL EXTERIOR RECEPTACLES TO BE WEATHER PROOF/G.P 5. ALL BATHROOM RECEPTACLES TO BE 20AMP 1,12 WIRE GFCI PROTECTED ON DEDICATED 20 AMP CIRCUIT. 6ALL KITCHEN COUNTER RECEPTACLES TO BE 20AMA 4.12 WIRE GFCI PROTECTED ON DEDICATED 20 AMP CIRCUIT. PROVIDE SMOKE DETECTORS AS SHOWN. HARDWIRE TO A NON-SWITCHABLE KITCHEN OR BATHROOM LIGHTING CIRCUIT AND SHALL NOT BE CONNECTED TO LOAD SIDE OF A GPI. B. ALL OUTLET BOXES FOR RECEPTACLES. TV ANTENAS. CABLE OR TELEPHONE JACKS IN RATED WALLS MUST BE METAL OR U.L. RATED. 9. ALL NEW RECEPTACLES TO BE TAMPER -RESISTANT NEC 2008 406.11 EXISTING PARTITION / CONCRETE BLOCK WALL TO REMAIN EXISTING AREA (A/C.): NEW AREA (A/C), TOTAL NEW AREA (A/C): 410 SQ.FT. 0 SQ.FT. 410 SQ.FT. O� I iI1+ ARGTMc-r�" - p,3131}CIJLI a 5 0. NEW TUB AND SHOWER HEAD. Existing Bedroom# 1 cLD. Ba•P ewe ^ Q 04.. ... O Old ®O O Existing Living Room \ • NEW XTICHEN CLO a \ J COUNTER, CABINETS AND ^1O°^'0 .1 SINK -_-_Existing Kitchen `°L LG E mmeme EXISTING ELECTRICAL / PANEL TO REMAIN Entrance REPLACE EXISTING OUTLETS LIGHTS ARM LIGHT SWITC106S FOR NEW EXISTG LOCATION SHOWN ON PLAN. Qo NEW FLOOR PLAN NO scale: 16n = . ,0Al, c,-Fitt: c .u.TRTC,4l PLAN: 441,L NOT Pi HLMT (lit. ELECsR_-5n' FICLO vil 1' it.G t4' w:.v IN ..Oo. d n A 7.4 TrIfo P. 11-87151115-1Friti Eo,oPA Bet6ro°m Bl EXISTING TUB AND SHOWER HEAD TO BE REMOVED. Existing Bedroom # 1 fr, remake ALL EXISTING OUTLETS LIGHTS AND LIGHT SWITCHES TO BE REMOVED. Existing Living Room O OLL EXISTINGKITCHEN COUNTER, CABINETS AND SINE TO BE REMOVED. Existing Kitchen EXISTINGELECTRICAL PANEL TO REMAIN. — Entrance DEMOLITION PLAN N O scale: 316"=r-0• Reviewed for CODE COMPLIANCE City of Miami Signature P. Works Fire Prev. Planning ZQning Building StructufmP� T_ Eleotricat / / Piurnbing Medi Elevator—s ./__ _/ NO MECHANICAL WORK _ —' APPROVED BY THIS PERMIT AND/OR PLANS — Date Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) SITE INFORMATION: CITY OF MIAMI, FLORIDA LEGAL DESCRIPTION WADDELLS ADD PB B-53 LOT 3 LESS W 5FT ST ELK 37 LOT SIZE 60.000 X 95 OR 127555281285 5 COC 224540707 062004 2 OR 224540307 0604 06 SCOPE OF WORK EXISTING KITCHEN CABINETRY AND KITCHEN SINK FAUCET TO BE REMOVED AND REPLACED FOR NEW. RE -USE EXISTING KITCHEN SINK. LOT AREA: EXISITNG UNIT AREA: AREA ADDITION: TOTAL NEW AREAS N/A- 410 SQ.FT. A/C D SQ.FT. A/C 410 SQ.FT. A/C CONSTRUCTION & OCCUPANCY TYPE TYPE V - UNPROTECTED CONSTRUCTION OCCUPANCY TYPE : GROUP R-2 FLORIDA BUILDING CODE 2037 ZONING CATEGORY: R-3 LOCATION MAP LIST OF DRAWINGS: A-1 DEMGLrIIoN PLAN, FLOOR PLAN & NOTES SYMEOLS: No Moroni AARow WALL NOUNTEO DUPLE. RECEPTACLE AFF $ WALL SWITCH 45` AFF ▪ WALL MOUNTED LIGHT FIXTURE ® ELECTRICAL PANEL ® - SMOKE DETECTOR ® 220 V DIRECT CONNECTION JUNCTION BOX 95 '6d le)13ed LEGEND litWittra AREAS: Kposo EXISTING PARTITION / CONCRETE BLOCK WALL TO REMAIN EXISTING AREA (A/C.): NEW AREA (A/C): TOTAL NEW AREA (A/C): 410 SQ.FT. 0 SQ.FT. 410 SQ.FT. NO MECHANICAL WORK APPROVED BY THIS PERMIT AND/OR PLANS Goes Bathroom c Existing Living Room cca.84" mKvmK Entrance O O 1y NEW KITCHEN / F' sCOUNTER. CABINETS AND 4. .� SINK FAUCET. Existing Kitchen - CLD. 84" wamm NEW FLOOR PLAN scale: 346" = r-0^ cIT`I OF _Mi xlvil 3.UILD1 DEPARTMENT }'S.1Fr,IBINL3 SECTION SE PLANS DOES NOT 1KJ -L. PERMIT HOLDER FROM ssCOLOU GWITH THE F.B.C. CHAPTEIt(1). sty eolo o Existing Living Room Entrance Existing Bedroom 1 a _ O OL / .'- EXISTINGKRCIB:N COUNFER, CABINETS AND SWKTOBEREMOVED. EWIi S 33 TOBERE-USED. 7 a Existing Kitchen Reviewed for (QE IMPJhAN N O CotySFi �ti%r i' °" Signature Date F: Works /—/ Fire Prev. / / Planning / / Zoning /Z /?Z / A, Building_ /1/ z/lam Structure / Electricals %o) /aa /1 l_ Plumbing /7--/ �/ / `(. Meth. / / S. Waste / / Elevator // Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) mop 10 lU 1'1' rthil ES 41ID 10 IF it l0 IN IM1IID O CDCip BEDROOM EXISTING BATH ISf OL 0 r MI EISIf 'O BEDROOM EXISTING BEDROOM EXISTING XIST. 0I 0 EXIST. 0 BEDROOM EXISTING ^'_ EXIST. 'O BEDROOM 1 EXISTING 111 W.I.C.' C W.I.C.VI ' ' I PANEY1(000I 1 FAMILY ROOM FAMILY ROOM FAMILY ROOM FAMILY ROOM EXISTING 1 EXISTING a.. EXIS LING EXISTING � EXISTING KITCHEN EXISTING DINING ROOM EXIS'1'INO DINING ROOM EXISTING KITCHEN EXISTING KITCHEN EXISTING DINING ROOM EXISTING li DINING ROOM EXISTING KITCHEN EXISTING DINING ROOM EXISTING All KI'fCEIEN IHI II EXISTING IA ® ________ 10 ® IC l ___ ___ ID ® le ® ____ ® _____IO ® III __„® 11 el L L 3. gill ii 11 1 l p 1 a ,m tlM1ti• EXISTING 1st FLOOR PLAN SCALE : 1/4= 1'-0" SCOPE OF WORK DOORS O WINDOWS REPLACEMENT. HURRICANE SHUTTERS INSTALLATION NIIE W(N➢: OWS: by S N110., Wh.4,00 e FG., We. by Yale M1IFOC., Cu, Fve. ALL F/. SHUI'1'L•fLY: by AIVNU Dv2.1.00e ELullea;Iva. NOTE: HEAVY DASH ED LINE'S MAECAITS NURIUDINE Sf/UTIERS NeelaweH for CODE COMPLIANCE City of MlaMI sgrcMae Dale G%!,f__1ILSPI� Metre 9 WaMe —1— EIwaN, 6-1 u,lDeer me Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) 1 r..r.. �e. a_e �a... 2\Y ® —5' ZY ®® � r r r r 1_f_ 15 251) LO ®® Me -® ®2N 2hf am. fl am A EXISTINGI EXISTING GAIN LXIS"I'. 1C \1I�--III C}I 0 DA SrN P.XIf. EEDItGUNI EXISTING BEDROOM EXISTING BATH EXIS"f. c EXIST. EXIST. ^ / EXISTINOEDROGG[ EXISTING BATH EXIST. ESEIXIGOSI EXISTING EXISTING 12L r{\ 1' L1 W.I.C. W.I.C. IC. ..C. FAMILY [ J I',1ExIsnrGGGF Pe\.001011t00G1 — —JJJ TASTILYXISTING I PAEXIS ING EXISTING EXISTING EXIS'fIN(i EXIS'fIN4In EXISTING ® FE ® 2Y { ~Oros: EXISTING EXISTING DINING Toe EXISTING DINING It00nI EXISTING EXISTING _ LXIS'CING LXI51'ING ExariNN DINING LING � EXISTING DINING ISTING I EXISTING KITCHEN _ EXISTING DINING ROOM EXISTING KITCHEN - EXISTING 11 2K •— A® ®Ill Zo® — ,4• f >'-II; — 2D ® 2E ® �4' f' I I 2P ® TG ® y, re J f .I.n r 21I © 2I ® y x. ®0 I " x f+ x EXISTING 2nd FLOOR PLAN SULK ',I"- 1'A" NOTE: WINDOWS : by Suusbiue Windows MFG., Inc. by Yale Ugrou MFG To., cue. .ILL H. 5'MITTENS: by Alufab HuMcune Shutters, Inc. NOTE: HEAVY L1IS'f1E➢LINES INDICATES f1OI01fC,INE S'HUITEI0S Ge1nwed has CODE COMPLIANCE CITY of Miami Dale P wen<s Signature J I Ere Prey.. 6i,� LI Ic6 Planing _I Zoning._ Mech. S. waste Elevator ®-2 01AIa2030 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Top orI,, pet Top uf1st 00 GRADE [lev. >:Vwies (Nunnnneesn,a , NOA: 05-1003.1') 5,57 NOA: 02-0212.02 ®® f lurrie ue..wmersl (11 (ne.wrters/ NOA: 05-100317 NOA: 05-1003.17 (a5 212(ixl faoxreRenN NOA: 02-0212.02 NOA: 02-0212.02 m' 0® 44 Rbnrnw,e1sn,re ) NOA: 05-1003.17 ( txrel/ronx) NOA: 02-0212.02 30a50SA ain h„y NO, x02.0212.02 e (M,rrsu„neSn,nn) NOA: 05-1003.17 IRermwneesnrem, NO, 05-1003.17 ls0 xre11,w 1 NOA: 02-0212.02 (al'x)e Meng) NOA:02-0212.02 (,., NOA: 05-1003.17 llU (01=24D MIRWQ4000 GJ 40 Nrv.rnunesme 1 Rm,:00-10,n 1 NOA:OS-100],I] NOA: OS-1003.1'/ rs'oxleMinx, Mnsty ,:x) NOA: 02.0212.02 00e1: 02-0212.02 m® NOT, WINDOWS: eILL/L 571(177li(15: by Suw0ine 1Y10Ju,0s MFG.. hub by Tale Op, YIFG Cu., lac. by A1u1a011urriew,e SOullere,lne. NOM INDICATES HURRICANE LINES' INDIC 01'E'S f/URRIC NE SIIG'f2'L S War,.n nun mien) prnr au eie.) NOA: 05-1003.17 NOA 05-1003.17 10,,o2rI07 91,57 mnxf (030,0in„,1 NOA: 02-0212.02 NOA: 02-0212.02 3.64 LEI ` Wan,7nnl nnmrnneAgea) 00, 05-10-1003.17 NOA: 05-1003.17 (sr,0050,xl (log, mpg) NOA: 02-0212.02 NOA: 02-0212.02 00 3,44 (Iltvrnuuesann) NOA: 05-1003.17 ad0, We ,. NOA: 02-0212.02 r205000 011.55s'1 00 far g215,„a NO, 02-0212.02 074,0n' en,reral NO, 05-1003.17 m® 00 .111.57 (NW Ihuig) (Singerburc0 NO, 02-0212.02 NO, 02-0212.02 7402:05-1003.11 NOA: 05-1003.17 00 O,xl.rr,„g, ran3g,eMoog) NOA: 02-0212.02 NOA: 02-0212.02 Nmm,.me.afenl pb„05a„nenl NOA: 05-1003.17 NO, 05-1003. r/ 00 00 (0 leflunx) (SlloeImg) NOA: 02-0212.02 NOA: 02-0212.02 R/un6m. rum) (Hamunetrnen) NOA: 05-1003.17 NOA: 05-1003.17 SCALE: IG" = I'-0" 00 A,02-0212.02 NOA �02-0212 0 NO.02 ffn,m,144 arsey 70,, , a„mn/ NOA:05-1003.17 NOA.05-1003.17 00,7 Non: 02-0212.02 mrnearnen) NOA: 05-1003.17 'Cop or Pwupet 224G" 'rep of 2nOpr �Elay.+4-J" RAILING NOT SHOWN FOR CIARI2'Y 'foy or 1st 00 �LElay., 0,0'• ItADAvinva,l for CODE DE 00MPLIM ,Iev.+Varies City of Miami re,mW,e Oaf Zara, 611-w._ Elec Plum000 Elevator------ --- 370,21:116 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) Topof R.v,Vel Elev,+22,61, Np ol'Pa[aVet Elev.r22'0, Tea ut'2m] 0r Elev.+Td" 5.05 O01.NA 5-00317 la'r/xle/l2g) NON 02-0212.02 NOA: 05-1003.17 11u0ixlellu e1 NOA:02.0212 02 CIS 'rop of 1st 0f Elev.+a-0"_ (MADE Elev. 2Vetiex NOW,: ',SAN' DASVHiDUNOS INOfGY'HS HrfH(102,SVD S'l0U]RE'I0E F_SSEff-Yil J ONES _ J O 22062 ill 10 0frt lsnrxle /funs! NOA: 02-0212.02 It 4.66 (llur/•ve1+urenl NO, 02-100. 17 MID (1Trxle11,1 NON: 02-0212 02 3.66 lllurrkvnesbrra NOA: 05-1003,1,17 'fop00Poeapet ,Elev.f 22r-6" Tup of 2u0 0f -Elay.+9'-I' Elev. 70'-0" OfNDE FJev-tVwies NOTE: WINDOWS: 6y 5unubbee Wiedurve MUG., Me. by rule Ogren MEO Cm, bee. /ILL fI S'H02TERS: by Alueab Elurrie,ue 5bulters, lne. 1,26161 @ULX Iff [E J n L'LSLS V &VOC)E (1Urglellrur0 EGRESS SCALE: L/!" -100" 100,21e lung) EGRESS NOA: 02.0507.06 Islaele l+urg) NOA, 02-0507.06 1000 el+n2 NOA: 02-0107..06 NON: 02-0507.06 llu+nlr ,.starer,/ 0uunvr,nSaerr) (llurrl .le.Ilurronl OuurEume6SSney Ou+rnwl.�s.real OlurrternelSlaws, (O+rr.nanr65'uuersl /nu i4v0e000000l (1,-......elume0 Olu.reunelAuey 0rurr6000e6muny NON: 05-1003.17 NON: 05-1003.1Y NOA: 05.1003,17 002' 05-1003.17 002:09-1003,17 NOA:05-1003.17 NOA: 03-1003.17 NO.105-1003.17 002:05-1003,17 NON:09-1003.17 NOA: 05-1003.17 (0Ynxh llwrg) '(rrgle/0 EGRESS Ifs'mxle lb," NOA: 02 0212.01 NOA: 02.0507.06 NOA: 02-0212 02 CFO ®® Yx63 191/3 x333/3 191/3,L NE a24.a43 a=3Y x63 12:02lln+sl 1 Ole ellyorg) (Nnghll50g) EGRESS IS/1x(e(lwrg) fY691b10 rg5 l2:02 flung" NON: 02-0212.02 NOA: 02-0212.02 NOA: 02-050206 (SW H+urg/ NO, 02-0212.02 NOA: 02-0212.02 NO, 02-0507.06 (:0:02.04rg1 NON: 02-0507.06 NOA: 02-0507.06 Tay of P,uvVet Elev.+ 22'-6' ®42 ®O ®® ®® ®S 'l'0p of 2nel 0t' elnv.+9r-1" r Top of 1st 0f Elev. 10'-0" (MADE Elev. 2Vuries Q '-23s1'11. 16 l Mulloun NOA: 01-1201.02 2 ,as0.0, IF FE IPICD- + Ldlmu :VOA. 01-/2000 F _- l- Mullion NOA 11112040 191/8x R13. (,0: 02.0212 (s rglr llnr+gJ NON: 02-0212.02 lsnrgle lung) NOA: 02-0212,02 NON: 02-050706 352111 NOA:'1u.x'(1 .151'l1 /urnrr"re.Slanrs/ .Um ((nrnnnum) (llun¢mre shoe 1 NO, 05-1003.E/ 05-1003.17 NON: 051003.17 1 1 ®® ®® 19113r3331a t(A:0l2-0212 l2,02-0+2+12 NOA: 02-0212.02 NOA: 02-0212,02 GB x66 33+,0 33,13 u (Hman Moor.) Slurnnr.lmny Rlrurn.++re.0nnn1 NOA: 05-1003.11 NOA: 05-1003.17 NOA: 05-100117 Dir 1.51750 Y I...rxle IN:, EGRESS NON 02-050726 92.5le10+r+gl NOA: 02-0507.06 4{xea Slurr 0+6. 5-1000.y NOA: 05-1003.17 11 9249-Er-952 rrmar� r NO.I: 01-f20402 a SO Er 1_c0pstYe ®Z 5 s001 tL t gkat;'' Ja}�,>:-r a 3sjeryl9sgrr I 1 1f .e6n i 2011E2__- 1 1 1911a.x3a3/3 puxlelluig) ISirryr2llnnpl NOA: 02-0212.02 NOA: 02-0212.02 ®® +llulliou NOW: 01-1204.02 'reaar2n+10f MO. NOA: 01-I204.02 Tap of Int 0f �LElev.+0'-0" GRADE Elev-tVaries 171::0 a Hung/ E,0 '0 NOA: 02.0501.06 (s'nr r/lung) NOA: 02-0507.06 6a164 isule 33 x (0,6:05-100l3.1 (02:05r-1003.l (006: 0+5-100en) HuN: 05-100r3,1 NOA:OS-1003.11 NOA: US-1003.1'J NOA: OS-1003.1'! NOA: 03-1003.tt - 3.1 x61 NO.1:r02-05 06 lSYEglellv],eJ EE 1E o J'[I'{ LEILM /LITY a 4102xu/g) EGRESS NOA 02-USU'1.0G (,0:0e Mae/ NOA: 02-0507.06 SOILS: I/("=1+-0" NO, 02-0301.06 /0/30a0o6 ®=4 010>a/2006 Attachment: 3483 16 Corner LLC Proposal (3483 : Affordable Housing Gut Rehabilitation Grant to 16 Corner, LLC) OMNI Board of Commissioners Meeting January 17, 2018 2.2 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 5, 2018 and Members of the CRA Board Executive Director File: 3484 Subject: El Doris Grant Agreement Enclosures: BACKGROUND: 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 the 2010 CRA Redevelopment Plan ("Plan"). On September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16- 0042, adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA. The MORGANS 2829, INC. (Grantee) a for -profit restaurant entity submitted a grant request proposal to the Omni CRA. The Grantee, possesses a unique identity to the food and beverage industry here in Miami. This restaurant concept would be an ideal fit to the Omni CRA area increasing job opportunities and the commercial landscape in the area. The grant proposal submitted requests $400,000.00 dollars for the rehabilitation of the property located at 130 NW 14th Street within the Omni CRA and the conversion to a restaurant. JUSTIFICATION: Page 41 B-3 of the 2010 CRA Redevelopment Plan lists as an objective of the CRA to, "Create economic magnets to draw more businesses to the Omni area to compliment established activities in the surrounding area." Page 42 of the plan also lists as an initiative for public/private development the objective of the CRA to "Promote rehabilitation and maintenance of existing viable uses and structures." This proposal fits within the stated areas of the Plan by enhancing the rehabilitation of existing structures and creating an economic magnet for the area. Packet Pg. 61 RECOMMENDATION: 2.2 In light of the above mentioned background information, rehabilitation of the building, the Grantees past business successes and the CRA's identified principles 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, activate the area and rehabilitate these structures, an approval of a bid waiver is recommended. FUNDING: $400,000 to be allocated from Omni Tax Increment Fund 2018 TIF Revenue, Account Code 10040.920501.883000, titled "Other Grant and Aids." Packet Pg. 62 2.2 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3484 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL; ALLOCATING GRANT FUNDS OF $400,000.00 TO MORGANS 2829, INC. FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 130 NW 14 STREET, MIAMI, FLORIDA, SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") engages in numerous activities in the community and is tasked with reducing slum and blight within its boundaries; and WHEREAS, on September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16-0042 adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA; and WHEREAS, Morgans 2829, Inc., a for profit entity ("Morgans"), submitted a request for grant funding to rehabilitate the property located at 130 NW 14 Street, Miami, Florida ("Property"); and WHEREAS, the Property is located within the CRA boundaries; and WHEREAS, the 2009 CRA Redevelopment Plan ("Plan") on page 41, section D- 2, lists the objective of the CRA is to make "Improvements to the Public Realm" by "[enhancing] the areas' visual attractiveness to businesses and residents"; and WHEREAS, the Plan also outlines working with private entities on page 42 Sections A-1 and A-3 to "Provide incentives for redevelopment of blighted properties" and to "Promote rehabilitation and maintenance of existing viable uses and structures"; and WHEREAS, Section 4.4, B., D-5, at page 41; Section 4.4, C., D-1, at page 41; and Section 4.4, D., A-2, at page 42 of the Plan lists that providing employment Packet Pg. 63 2.2 opportunities and upward job mobility for residents, maximizing conditions for residents to live in the area, and the elimination of conditions which contribute to blight as stated redevelopment objectives; and WHEREAS, Morgans has submitted a proposal to rehabilitate the Property and requests grant funding for the rehabilitation and buildout of the Property in an amount of $400,000.00; and WHEREAS, the success of the project will result in accomplishing the stated objectives of the Plan; and WHEREAS, based on the recommendation and findings of the Executive Director, it is in the CRA's best interest to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the CRA, to authorize the Executive Director to execute and negotiate any and all necessary agreements, in a form acceptable to the General Counsel, with Morgans for the allocation of grant funds for the rehabilitation of the Property in an amount not to exceed $400,000.00 towards rehabilitation; 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 of the Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings pursuant to Sections 18-85 and 18-86 of the City Code, as adopted by the CRA, are ratified, approved, and confirmed, and the requirements for competitive sealed bidding methods as not being practicable or advantageous to the CRA are waived. Section 3. The Executive Director is authorized to execute any and all necessary agreements, in a form acceptable to the General Counsel, with Morgans for the allocation of grant funds in an amount not to exceed $400,000.00 for the rehabilitation of the Property, subject to the availability of funds. Section 4. Funds are to be allocated from Omni Increment Fund, "Other Grant and Aids - Funding derived from 2018 TIF revenue", Account Code No. 10040.920501.883000. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Packet Pg. 64 VICTORIA MENDEZ, GENERAL COUNSEL 2.2 Packet Pg. 65 OMNI Board of Commissioners Meeting January 17, 2018 2.3 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 2, 2018 and Members of the CRA Board Jason Walker Executive Director 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 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 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) for development. 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."1 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 'Section 5, Page 58, 2009 Omni Community Redevelopment Plan Packet Pg. 66 2.3 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. 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. 67 2.3 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, A COMMERCIAL AND/OR RETAIL COMPONENT, THE EXPANSION OF THE IPREP SCHOOL TO BE LOCATED AT 150 NORTHEAST 19TH STREET, MIAMI, FLORIDA, THE IMPLEMENTATION OF A PARKING SOLUTION IN THE SURROUNDING AREA, AND FURTHER ENHANCEMENTS TO THE PHILLIS WHEATLEY SCHOOL PROPERTY LOCATED AT 1934 NORTHWEST 1ST COURT, 1801 NORTHWEST 1ST PLACE, AND 1942 NORTHWEST 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 IPREP School to be located at 150 Northeast 19th Street, Miami, Florida, (4) the implementation of a parking solution for the surrounding area, and (5) enhancements to the Phillis Wheatley School property located at 1934 Northwest 1st Court, 1801 Northwest 1st Place, and 1942 Northwest 1st Court, Miami, Florida, as more particularly described in the MOU; and WHEREAS, Sections 4, 5, and 6 of the Redevelopment Plan list these 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 outlines the responsibilities and objectives of both the CRA and the School Board and provides the basic structure for eventual agreements required for project implementation; and Packet Pg. 68 2.3 WHEREAS, the Board of Commissioners of the CRA wishes to authorize the Executive Director to negotiate and execute the MOU, in a form acceptable to the General Counsel, 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, the expansion of the IPREP School to be located at 150 Northeast 19th Street, Miami, Florida, and the implementation of a parking solution for the surrounding area, and enhancements to the Phillis Wheatley School property located at 1934 Northwest 1st Court, 1801 Northwest 1st Place, 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. 69 OMNI Board of Commissioners Meeting January 17, 2018 2.4 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 8, 2018 and Members of the CRA Board Jason Walker Executive Director File: 3007 Subject: Resolution amending 2007 Global Agreement regarding OMNI CRA's payment to the 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 and requests subsequent transmittal to the Miami -Dade County Commission for legislative action. 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. 70 2.4 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. 71 2.4 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") DIRECTING THE EXECUTIVE DIRECTOR TO RENEGOTIATE 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 CONTRIBUTION FOR CAPITAL IMPROVEMENTS AT MUSEUM PARK, AS CONTAINED IN SAID AGREEMENT; DIRECTING THE CLERK OF THE BOARD TO SEND A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 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 in 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 ("Park"), located within the Omni Redevelopment Area; and WHEREAS, pursuant to Resolution No. CRA-17-0020 adopted April 19, 2017, the Omni CRA has prioritized the development of affordable and workforce housing within the CRA boundaries; and WHEREAS, pursuant to Resolution No. CRA-17-0022 adopted April 19, 2017, the Omni CRA made a final contribution towards the Park in the amount of Two Million Dollars ($2,000,000.00); and Packet Pg. 72 2.4 WHEREAS, as a result of this shift in focus, the Omni CRA would like to amend the Global Agreement, specifically concerning the Omni CRA's financial contribution to the 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 Board of Commissioners of the Omni CRA hereby directs the Executive Director to renegotiate the Global Agreement between the County, the City, the SEOPW CRA, and the Omni CRA, specifically with respect to the Omni CRA's funding contribution for capital improvements at the Park. Section 3. The Clerk of the Board is directed to send a certified copy of this Resolution to the members of the Miami —Dade County Board of County Commissioners, the Executive Director of the SEOPW CRA, the City Manager of the City, and Mayor Francis X. Suarez. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 73 OMNI Board of Commissioners Meeting January 17, 2018 2.5 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 4, 2018 and Members of the CRA Board Jason Walker Executive Director File: 3485 Subject: Resolution setting the goal of One Hundred Million Dollars towards Affordable Housing 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, setting the goal of allocating one hundred million dollars of revenue from tax increment funds towards affordable housing during the remaining life of the CRA and any extension and providing for a copy of the same to be transmitted to the Miami- Dade County Commission for legislative action. Based on recommendations from the grand jury report filed on February 3, 2016, the CRA has since adopted a number of positive commitments to fulfilling its redevelopment plan and affordable housing objectives. The CRA through CRA-R-16-0040 has committed at least 10% of its annual budget towards affordable housing. Additionally, this resolution would enable the furtherance of this commitment. This would enable the CRA to aim at committing 100 Million in total towards affordable and workforce housing throughout the life of the CRA and any extension if granted. Packet Pg. 74 2.5 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3485 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") SETTING THE GOAL OF ALLOCATING ONE HUNDRED MILLION DOLLARS ($100,000,000.00) OF REVENUE FROM TAX INCREMENT FUNDS ("TIF") TOWARD AFFORDABLE HOUSING DURING THE REMAINING LIFE OF THE CRA; DIRECTING THE CLERK OF THE BOARD TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") was created pursuant to Chapter 163 of the Florida Statutes; and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with its approved Redevelopment Plan; and WHEREAS, the primary purpose of the CRA is to address slum and blight within the Redevelopment Area which constitutes a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the CRA; and WHEREAS, the Board of Commissioners of the CRA believes that tax increment funds ("TIF") received by the CRA should be used primarily for removal of slum and blight and assisting with affordable housing for families and individuals of low and moderate income; and WHEREAS, affordable housing is a significant issue in the City of Miami and in the Redevelopment Area specifically; and WHEREAS, in CRA Resolution No. 16-0040, the CRA designated a minimum of ten percent (10%) of the 2016-2017 Fiscal Year General Operating and TIF Budget to be expended toward, and for the benefit of, low and moderate income affordable housing; and WHEREAS, the CRA desires to set a goal for itself in which one hundred million dollars ($100,000,000.00) of the CRA's future TIF Revenues will be devoted to affordable housing for the remainder of the life of the CRA; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Packet Pg. 75 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. 2.5 Section 2. The Board of Commissioners of the CRA hereby establishes a goal of allocating one hundred million dollars ($100,000,000.00) of future TIF Revenues toward affordable housing for the remainder of the life of the CRA. Section 3. The Clerk of the Board is directed to transmit a certified copy of this Resolution to the members of the Miami —Dade County Board of County Commissioners. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 76 OMNI Board of Commissioners Meeting January 17, 2018 2.6 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 8, 2018 and Members of the CRA Board From: Jason Walker Executive Director File: 3486 Subject: Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement Enclosures: 3486 Exhibit 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%). This resolution will now also allow the Omni CRA to increase the cap on annual the Incremental TIF to not exceed Eight Hundred Twelve Thousand Five Hundred Dollars ($812,500) up to and through the year 2030 (allowing for a total Incremental TIF Packet Pg. 77 2.6 potentially available to the developer in the maximum amount of Nine Million Dollars ($9,000,000)). The Omni CRA economic incentive will apply to the residential and commercial portions of the project. 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. 78 2.6 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3486 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), 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 ORIGINAL INCENTIVE AGREEMENT ("COMMUNITY IMPROVEMENTS"); INCREASING THE YEARLY CAPACITY OF TAX INCREMENT FUNDS 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 WITHIN THIRTY (30) DAYS. 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 ("Plan"); and WHEREAS, Section 4.4, B at page 41 of the 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 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 Packet Pg. 79 2.6 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 ("TIF") generated by the new development and collected by the CRA; and 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 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 TIF provided to the Developer per 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, within thirty (30) days; 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 TIF capacity as provided to the Developer pursuant to the Incentive Agreement is hereby increased from $750,000.00 to $812,500.00. Packet Pg. 80 2.6 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, within thirty (30) days. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 81 2.6.a FIFTH AMENDMENT TO MAX MIAMI ECONOMIC INCENTIVE AGREEMENT This Agreement, dated September , 2017, shall serve as an amendment to the Max Miami Economic Incentive Agreement dated June 26, 2014, by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") and NR MAXMIAMI LLC ("Owner"). The CRA and the Owner are hereinafter referred to as the "Parties". RECITALS WHEREAS, the Max Miami Economic Incentive Agreement, as modified and amended, ("Original Agreement") is attached as Exhibit "A". WHEREAS, Sections 3.2 and Exhibit "C" of the Original Agreement provides for the Owner to receive a Community Improvement Incremental TIF1 subject to, inter alia, Owner completing certain community improvements not to exceed Two Million Dollars ($2,000,000) in total costs (defined in the Original Agreement as "Owner's CRA Expenditures"). WHEREAS, Section 19 of the Original Agreement provides a cap on the Incremental TIF not to exceed Nine Million Dollars ($9,000,000) total and Seven Hundred and Fifty Thousand Dollars ($750,000) on annual basis. WHEREAS, Section 3.1.1 and 3.2.1 provides the Developmental Incremental TIF and the Community Improvement Incremental TIF to terminate "upon the expiration of the CRA", currently 2030. WHEREAS, due to unexpected and uncontrollable budget costs and delays, the Parties wish to modify the Original Agreement to have the Owner pay to the CRA the unused portion of the Owner's CRA Expenditures, approximately One Million Five Hundred Thousand Dollars ($1,500,000) as of September 10th, 2017, in lieu of attempting to complete the Community Improvements. The Owner will, to the extent possible, transfer, assign or deliver all work created or completed in its efforts to complete the Community Improvements, including any plans, permits, studies, etc. In return, the uncompleted Community Improvements notwithstanding, the CRA will hereby acknowledge and agree the Owner will be entitled to receive the Community Improvement Incremental TIF pursuant to the other terms and conditions of the Original Agreement. Additionally, the CRA will agree to reinvest such funds received from the Owner to improve the infrastructure and appearance of the CRA district. WHEREAS, due to the delays in the Project, the Base Year is not expected to begin until 2018 instead of 2017. Therefore, the Parties wish to modify the Original Agreement, to allow the CRA to increase the cap on annual the Incremental TIF to not exceed Eight Capitalized terms not specifically defined herein shall have the definitions ascribed to them in the Original Agreement. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 82 2.6.a Hundred Twelve Thousand Five Hundred Dollars ($812,500) up to and through the year 2030 (allowing for a total Incremental TIF potentially available to the developer in the maximum amount of Nine Million Dollars ($9,000,000)). WHEREAS, the Parties are willing to amend the Original Agreement subject to certain terms and conditions, which are set forth herein, and which shall supersede any conflicting terms in the Original Agreement and the exhibits thereto. WHEREAS, the Parties agree that all other terms set forth in the Original Agreement and the exhibits thereto, which are not superseded herein, shall remain in full force and effect and shall be adopted herein. NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein below set forth the sum of Ten and No/100 ($10.00) Dollars, and other good and valuable consideration, the sufficiency, receipt and adequacy of which the Parties, by these presents, do expressly and conclusively acknowledge, the Parties agree as follows: 1. Incorporation of Recitals. The recitals set forth above are hereby incorporated by reference as if fully set forth herein. 2. Direct Payment of the Owner's Remaining Community Improvement Costs. Notwithstanding any provision in the Original Agreement or any other CRA agreement to the contrary, the CRA hereby agrees to accept the unused portion of the Owner's CRA Expenditures, approximately One Million Five Hundred Thousand Dollars ($1,500,000) as of September 10th, 2017, directly in lieu of the Owner attempting to complete the Community Improvements. The Owner will, to the extent possible, transfer, assign or deliver all work created or completed in its efforts to complete the Community Improvements, including any plans, permits, studies, etc. In return, the Community Improvements notwithstanding, the CRA hereby acknowledges and agrees the Owner will be entitled to receive the Community Improvement Incremental TIF, pursuant to the other terms and conditions of the Original Agreement. Additionally, the CRA agrees to reinvest such funds received from the Owner to improve the infrastructure and appearance of the CRA district. 3. Increase in Annual Cap of Incremental TIF. The Parties hereby agree to allow the CRA to increase the cap on annual the Incremental TIF to not exceed Eight Hundred Twelve Thousand Five Hundred Dollars ($812,500) up to and through the year 2030 (allowing for a total Incremental TIF potentially available to the developer in the maximum amount of Nine Million Dollars ($9,000,000)), subject to all other terms and conditions of not herein modified of the Original Agreement. 4. Amendment. This Agreement shall not be modified except by written instrument subscribed to by the Parties. Except as specifically amended by this Agreement, all other terms, provisions, agreements, covenants, and conditions contained in the Original Agreement are and shall remain unchanged and in full force and effect. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 83 2.6.a 5. Conflict. If there is any conflict between this Agreement and a provision of the Original Agreement, the provision of this Agreement shall govern. 6. Headings. Any section or paragraph title or caption contained in this Agreement is for convenience only, and in no way defines, limits, or describes the scope or intent of this Agreement or any of the provisions hereof. 7. Construction. This Agreement shall not be construed against any party by reason of the fact that the party may be responsible for the drafting of this Agreement or any provision hereof. 8. Severability. If any term, condition, or provision of this Agreement shall be found to be illegal or unenforceable to any extent for any reason, such provision shall be modified or deleted so as to make the balance of this Agreement, as modified, valid and enforceable to the fullest extent permitted by applicable law. 9. Knowledge of Rights and Duties. The Parties have carefully reviewed and completely read all of the provisions of this Agreement and understand and have been advised that they should consult with their own legal counsel for any and all explanations of their rights, duties, obligations, and responsibilities hereunder. The Parties acknowledge that they enter into this Agreement of their own free will and that they have the authority to do so. SIGNATURE PAGE FOLLOWS Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 84 2.6.a IN WITNESS WHEREOF, the Parties have executed this Agreement on the date(s) below indicated, have agreed to all the provisions contained herein, and acknowledge that all terms, conditions, and obligations under the Lease, which are not superseded herein and which are not in conflict with the terms of this Agreement, shall remain in full force and effect. EXECUTED as of the dates set forth below. OWNER: NR MAX MIAMI LLC, a Florida Witnesses: Limited liability company By: Date: Terry Wellons Manager CRA: Omni Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes Name: Name: ATTEST: By: By: Jason Walker Executive Director Clerk of the Board Date: Date: APPROVED AS TO FORM AND CORRECTNESS: By: Date: General Counsel Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 85 EXHIBIT "A" A 2.6.a MAX MIAMI ECONOMIC INCENTIVE AGREEMENT THIS MAX MIAMI ECONOMIC INCENTIVE AGREEMENT (the "Agreement") is made as of the day of May, 2014 by and between NR MAX MIAMI, LLC, a Florida limited liability company (the "Owner"), and the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA"). RECITALS: A. The CRA was formed for the purpose of removing slum and blight in the Omni Redevelopment Area (the "Redevelopment Area") and to promote redevelopment and employment within the Redevelopment Area. B. Notwithstanding the Redevelopment Area's regional location and proximity to important centers of activity, major transportation systems, and significant centers of employment, the Redevelopment Area has seen limited commercial and residential development since the inception of the CRA in 1987. C. The Omni CRA Redevelopment Plan recognizes that diminishing the impact of existing urban barriers, reconnecting the Redevelopment Area to adjacent neighborhoods, and creating a pedestrian friendly environment, will address the most important inhibitors to redevelopment. D. The Owner is the owner of that certain real property located in the Redevelopment Area as more particularly described and identified on Exhibit "A" attached hereto and made a part hereof (the "Property"). E. The Owner desires to develop the Property as more particularly described on Exhibit "B" attached hereto and made a part hereof (collectively, the "Project"). F. The Owner has requested that the CRA provide economic incentives to the Owner to assist in the development of the Project, which development will serve as a catalyst for the Redevelopment Area and will result in the construction of certain roadway and sidewalk improvements necessary to encourage future development within the Redevelopment Area. NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the CRA hereby agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct, incorporated herein by reference and made a part hereof. 2. DEFINITIONS. The following terms used in this Agreement shall have the following meanings: 2.1 "Affiliate" of any Person (the "Specified Person") means any other Person (a) that directly or indirectly controls, is controlled by or is under common control with such API Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 86 2.6.a Specified Person; (b) who is an officer, manager, employee or agent of, partner in,- or trustee of, or serves in a similar capacity with respect to, the Specified Person (or any of the Persons named in clause (a) above; (c) of which the Specified Person is an officer, manager, employee, agent, partner or trustee, or serves in a similar capacity; or (d) who is a member of the Specified Person's family. For purposes of this definition, the term "control" means the direct or indirect possession of the power to direct or cause the direction of the management or policies of a Person, whether through the ownership of securities, by contract or otherwise. 2.2 "Applicable Cost" means the actual cost to the Owner of labor, materials, demolition, land improvements, utility installation, architectural and engineering services, permit fees, and other work performed and costs incurred in connection with the construction and completion of the Community Improvements. 2.3 "Auditor" means an independent third party auditor, who may be retained on any given year by the Owner or the CRA, at the sole cost and expense of the Owner, in accordance with Section 4 of this Agreement. 2.4 "Base Year" means the year prior to the year in which the tax rolls reflect an increase in the assessed value of the Property resulting from Substantial Completion of the Project. 2.5 "City" means the City of Miami, a municipal corporation of the State of Florida. 2.6 "Commence Construction" means the commencement of physical construction (including, at a minimum, the commencement of excavation for foundations) at the Property. 2.7 "Community Improvements" means the improvements described and identified on Exhibit "C". 2.8 "Community Improvements Incremental TIF" means that ascribed to such term in Section 3.2.1 of this Agreement. 2.9 "Completion" means Substantial Completion of the Project, including completion of all punch list items. 2.10 "Completion Certificate" means the certificate from the Owner certifying completion of the Community Improvements, which certificate shall have appropriate backup, reasonably acceptable to the Executive Director, to substantiate the completion of the Community Improvements, certified as being true and correct by the Owner. 2.11 "County" means Miami -Dade County, a political subdivision of the State of Florida. 2.12 "County Approval" means the approval by the County of the Annual CRA Budget for the respective year which CRA Budget includes the line item of the payment to the 2 Packet Pg. 87 2.6.a Owner of the Incremental TIF contemplated to be paid in accordance with the terms of this Agreement. 2.13 "CRA Approval" means the approval by the CRA Board of the annual operating budget for the CRA for the respective year, which includes the line item of the Incremental TIF contemplated to be paid in accordance with the terms of this Agreement. 2.14 "CRA Board" means the Board of Commissioners of the CRA. 2.15 "CRA Budget" means the annual budget for the operation of the CRA approved by the CRA Board. 2.16 "CRA Obligations" means that ascribed to such term in Section 6 of this Agreement. 2.17 "Development Costs" means the hard and soft costs actually incurred by the Owner in connection with the design and construction of, as applicable, the Project or the Community Improvements through Completion, excluding land costs, costs paid to any Affiliates, and costs of tenant improvements to the retail space of the Project above the base building improvements, as the same may be certified by an Auditor and as further certified by the Owner in the Development Certificate with respect to the Project. 2.18 "Development Certificate" means the certificate from the Owner of the Development Costs, in substantially the form of Exhibit "D", which certificate shall have appropriate backup, reasonably acceptable to the Executive Director, to substantiate the Development Costs, certified as being true and correct by the Owner. 2.19 "Development Incremental TIF" means that ascribed to such term in Section 3.1.1 of this Agreement. 2.20 "Executive Director" means the Executive Director of the CRA. 2.21 "Incremental TIF" means the tax increment funds, if any, actually received by the CRA from the County and the City generated from the Project for the applicable year after deducting all administrative charges imposed by the County and the City and excluding all charges or payments related to the Children's Trust above the tax increment funds actually received by the CRA from the County and the City for the Base Year applicable to the Project after deducting all administrative charges imposed by the County and the City and excluding all charges or payments related to the Children's Trust for the Base Year. 2.22 "Person" means any individual, sole proprietorship, partnership, joint venture, limited liability company, limited liability partnership, trust, estate, unincorporated organization, association, corporation, institution, or other entity. 2.23 "Project" means that ascribed to such term in the Recitals of this Agreement. O 3 Packet Pg. 88 2.6.a 2.24 "Property" means that ascribed to such term in the Recitals of this Agreement. 2.25 "Substantially Completed" or "Substantial Completion" means that the construction and development of the Project has been substantially completed in accordance with the plans and specifications, subject only to the completion of minor punch list items and a temporary certificate of occupancy or certificate of occupancy, or its equivalent, has been issued by the City for the Project. 3. DEVELOPMENT OF PROJECT AND EMPLOYMENT. 3.1 Development of Project. The Owner hereby represents and warrants to the CRA that the Owner will expend a minimum of One Hundred Million and No/100 Dollars ($100,000,000.00) in Development Costs in connection with the development of the Project. As an inducement to the Owner to undertake the development of the Project, the CRA agrees to pay to the Owner a percentage of the Incremental TIF actually generated from the Project as follows: . 3.1.1 Development Incremental TIF Adjustment. If the Owner expends not less than One Hundred Million and No/100 Dollars ($100,000,000.00) in Development Costs in connection with the Development of the Project and completes the Community Improvements as specified in this Agreement, the CRA shall pay to the Owner twenty-five percent (25%) of the Incremental TIF generated from the Project above the Base Year for a period, commencing with the first tax year after the Base Year (the "Development Incremental TIF"), subject to the County Approval and the CRA Approval of the CRA Budget being obtained on an annual basis and terminating upon the expiration of the CRA. If the Owner expends less than One Hundred Million and No/100 Dollars ($100,000,000.00) in Development Costs to complete the Development of the Project and completes the Community Improvements as specified in this Agreement, then in such event, the percentage of total Development Incremental TIF which will be payable to the Owner shall be reduced by the percentage the Development Costs that are less than One Hundred Million and No/100 Dollars ($100,000,000.00). For example, should the Development Costs equal 75% of $100,000,000.00, based upon the Development Certificate, the percentage of the Development Incremental TIF that the CRA will be obligated to pay to the Owner shall be reduced by 25% for the term of this Agreement. The Owner shall not receive any additional percentage of Development Incremental TIF for expending more than $100,000,000.00. 3.1.2 Development Certificate. Within sixty (60) days of the Substantial Completion of the Project, the Owner shall submit to the CRA the Development Certificate (certified as being true and correct by the Owner). The Development Certificate shall be utilized by the CRA to calculate the percentage of the Development Incremental TIF which will be payable to the Owner absent manifest error. If requested by the Executive Director of the CRA, the Owner shall provide reasonable additional back up documentation for the Development Certificate. The Owner shall not be entitled to any of the Development 7.7 4 /f) Packet Pg. 89 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 2.6.a Incremental TIF pursuant to Section 3.1.1 until the Owner provides the Development Certificate. 3.1.3 Disputes. In the event of a dispute between the Executive Director and the Owner as to the Development Costs, the Executive Director and the Owner shall proceed in good faith to resolve the dispute. At the discretion of the Executive Director, the dispute may be referred to the CRA Board for further direction regarding the settlement of such dispute. If the parties are unable to resolve the dispute after it has been referred to the CRA Board, then within thirty (30) days of written notice to the other, the parties irrevocably agree that all such disputes shall be referred to an accounting firm mutually agreeable to the parties (the "Independent Accountant"). The parties shall furnish or cause to be furnished to the Independent Accountant such work papers and other documents and information relating to the disputed issues as the Independent Accountant may request and are available to that party or its agents. The parties shall be afforded the opportunity to present to the Independent Accountant any material relating to the disputed issues, to review the work papers, documents and information furnished by the other party, and to discuss the issues with the Independent Accountant. The determination by the Independent Accountant, as set forth in a notice to be delivered to both parties within sixty (60) days of the submission to the Independent Accountant of the issues in dispute, shall be final, binding and conclusive on the parties. The cost of the Independent Accountant shall be paid by the Owner. 3.1.4 Payment of Development Incremental TIF. Upon the Owner complying with Section 3.1.2, but subject to County Approval and CRA Approval of the CRA Budget, on an annual basis, for each year after the Base Year, the CRA shall pay to the Owner the applicable percentage of the Incremental TIF due pursuant to Section 3.1.1, within sixty (60) days after the CRA's receipt of the Development Certificate from the Owner as required by Section 3.1.2 for the first year after the Base Year and, thereafter, thirty (30) days after the CRA's receipt of the Incremental TIF from the County and the City. 3.1.5 Commencement and Completion of Project. The Owner acknowledges that the prompt development of the Project as well as the Community Improvements by the Owner is a material inducement for the CRA to enter into this Agreement. In the event that the Owner does not Commence Construction of the Project and Community Improvements by June 30, 2015 and does not Substantially Complete the Project and the Community Improvements by January 1, 2017, then the maximum amount of Incremental TIF that the CRA shall pay to the Owner pursuant to Section 3.1.1 shall be reduced by ten percent (10%) for each six (6) month period that the Owner has failed to Commence Construction or Complete Construction. For example, if the Owner Substantially Completes the Project on August 1, 2017 (i.e. seven (7) months after the deadline set forth above), then the total amount of the Incremental TIF payable to the Owner will be reduced to 22.5% of the Incremental TIF (i.e. a reduction of ten percent (10%)). Furthermore, the Owner shall not be entitled to any portion of the 5 re I Packet Pg. 90 2.6.a Incremental TIF until the Owner provides the CRA with a Certificate of Completion for the Community Improvements. 3.2 Community Improvements. The CRA acknowledges that the lack of adequate pedestrian friendly sidewalks and the existence of a street grid that fails to facilitate connectivity with adjoining neighborhoods have substantially inhibited the development potential of the Redevelopment Area. The CRA agrees that the completion of the Community Improvements will serve as a necessary step to revitalizing the Redevelopment Area. Subject to the Owner completing the Community Improvements, the CRA will pay to the Owner annually a portion of the Incremental TIF generated from the Project each calendar year as follows: 3.2.1 Community Improvement Incremental TIF Adjustment. If the Owner completes the Community Improvements in connection with the Development of the Project, the CRA shall pay to the Owner twenty-five percent (25%) of the Incremental TIF generated from the Project above the Base Year for a period commencing with the first tax year after the Base Year (the "Community Improvement Incremental TIF"), subject to the County Approval and the CRA Approval of the CRA Budget being obtained on an annual basis and terminating upon the expiration of the CRA. 3.2.2 Completion Certificate. Within sixty (60) days of the Substantial Completion of the Community Improvements, the Owner shall submit to the CRA the Completion Certificate (certified as being true and correct by the Owner). If requested by the Executive Director of the CRA, the Owner shall provide reasonable additional back up documentation for the Completion Certificate. The Owner shall not be entitled to any of the Community Improvement Incremental TIF pursuant to Section 3.2.1 until the Owner provides the Completion Certificate to the CRA. 3.2.3 Disputes. In the event of a dispute between the Executive Director and the Owner as to the Completion Certificate, the Executive Director and the Owner shall proceed in good faith to resolve the dispute. At the discretion of the Executive Director, the dispute may be referred to the CRA Board for further direction regarding the settlement of such dispute. If the parties are not able to resolve the dispute after referral to the CRA Board, then within thirty (30) days of written notice to the other, the parties irrevocably agree that all such disputes shall be settled by binding arbitration. The arbitrator will be selected by mutual agreement of the parties, but if the parties are unable to reach agreement on the selection of the arbitrator within thirty (30) days after the date on which the notice of arbitration is sent to the parties, then the arbitrator will be selected in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Miami, Florida, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any such arbitration shall be conducted by an arbitrator experienced in the construction industry and shall include a written record of the arbitration hearing. The decision of the arbitrator shall be final, binding and conclusive on the parties. 6 1 Packet Pg. 91 2.6.a 3.2.4 Payment of Community Improvement Incremental TIF. Upon the Owner complying with Section 3.2.2, but subject to County Approval and CRA Approval of the CRA Budget, on an annual basis, for each year after the Base Year, the CRA shall pay to the Owner the applicable percentage of the Incremental TIF, due pursuant to Section 3.2.1, within sixty (60) days after the CRA's receipt of the Completion Certificate from the Owner as required by Section 3.2.2 for the first year after the Base Year and, thereafter, thirty (30) days after the CRA's receipt of the Incremental TIF from the County and the City. 4. AUDITOR. The Owner acknowledges that the CRA may, upon request of the CRA's external auditor, elect to audit the Development Certificate in order to substantiate the information provided therein. In the event the CRA elects to audit the Development Certificate, the Owner shall provide or make available to the Auditor all necessary back-up information or documentation that is requested by the Auditor in order to certify the information contained therein as being true and correct. The Owner may select the Auditor, or allow the CRA to select the Auditor. The Owner shall bear all costs associated with the Auditor for services in connection with this Agreement, provided that the cost paid by the Owner to the Auditor shall not exceed Fifteen Thousand and 00/100 Dollars ($15,000.00). 5. INCREMENTAL TIF PAYMENTS AFTER SALE. Notwithstanding the Owner's sale, lease or other disposition of all or any portion of the Project (including, but not limited to, the sale or lease of all or any portion of the residential units or retail uses contemplated as part of the Project), the Owner shall continue to receive both the Development Incremental TIF and the Community Improvement Incremental TIF payable to the Owner set forth in this Agreement for the term of this Agreement. The Owner may assign to any Person all or any portion of the rights to receive such revenue from the CRA and, upon written notice from the Owner to the CRA, the CRA shall direct such payment to the Person indicated by the Owner. 6. SUBORDINATION OF INCREMENTAL TIF. The Owner acknowledges and agrees that in addition to the obligation of the CRA to make the payments to the Owner contemplated by this Agreement, the obligations of the CRA under this Agreement are junior and subordinate to the obligations of the CRA to pay debt service or other obligations with respect to any bonds now existing or otherwise contemplated in furtherance of the projects described in that certain Interlocal Agreement Between The City of Miami, Miami -Dade County, Southeast Overtown Park West CRA and Omni CRA to Provide Funding for Major Projects for the Benefit of All Parties, dated December 31, 2007, as amended prior to the effective date hereof (a copy of which is attached hereto as Exhibit "F") to be funded by the CRA or the City on the CRA's behalf, and any pledge of Incremental TIF by the CRA or the City on the CRA's behalf for such bonds (collectively, the "CRA Obligations"). Under no circumstances shall the CRA be obligated to make payments to the Owner from its general revenues or any other sources if Incremental TIF is unavailable after the CRA makes all required payments under the CRA Obligations. To the extent no Incremental TIF or only a portion of the Incremental TIF is available to pay the CRA's obligations under this Agreement as a result of the CRA Obligations, such payments shall be reduced to the amount of Incremental TIF available, if any. 7. CHALLENGES. 7 Packet Pg. 92 2.6.a 7.1 No Liability. The Owner hereby forever waives and releases the CRA from any liability whatsoever, now or hereafter arising in connection with any challenge to this Agreement and covenants and agrees not to initiate any legal proceedings against the CRA in connection with any challenges to this Agreement. 7.2 Duty to Defend. In the event of any challenge to this Agreement, the Owner, at its sole cost and expense, may defend any such challenge. The CRA shall cooperate with the Owner and, if necessary, participate in the defense of such challenge provided the Owner pays the costs of such defense. 7.3 Waiver of Claim. The Owner waives any and all claims which the Owner now has or may hereafter have against the CRA as a result of any challenge to this Agreement, and the Owner acknowledges and agrees to assume the risk of any challenge to this Agreement. Under no circumstances shall the Owner be entitled to any recovery with respect to any claims or any cause of action against the CRA resulting from any challenge to this Agreement, all such claims being expressly waived by the Owner. 8. REPRESENTATIONS OF OWNER. The Owner makes the following representations to the CRA as follows: 8.1 The Owner is a limited liability company, duly organized and validly existing under the laws of the State of Florida and has full power and capacity to own its properties, to carry on its business as presently conducted, and to enter into the transactions contemplated by this Agreement. 8.2 The Owner's execution, delivery and performance of this Agreement has been duly authorized by all necessary company actions and does not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which such entities are a party or by which they may be bound or affected. 8.3 This Agreement constitutes the valid and binding obligation of the Owner, enforceable against the Owner and its successors, heirs and assigns, in accordance with its terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally. 9. NOTICES. Notices required or permitted to be given pursuant to the terms of this Agreement will be delivered in person or sent by certified mail, return receipt requested, postage prepaid, by recognized contract carrier providing signed receipt for delivery, and will be deemed delivered upon receipt or refusal of delivery. Notices will be delivered at the following addresses, subject to the right of any party to change the address at which it is to receive notice by written notice to the other party: OWNER: NR MAX MIAMI, LLC c/o N.R. Investments, Inc. 1111 Park Centre Boulevard Suite 450 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 8 Packet Pg. 93 2.6.a Miami Gardens, Florida 33169 Attention: Nir Shoshani CRA: Omni Redevelopment District Community Redevelopment Agency 1401 North Miami Avenue 2nd Floor Miami, Florida 33136 Attention: Pieter A. Bockweg, Executive Director Copy to: Office of the City Attorney 444 S.W. 2"d Avenue 9th Floor Miami, Florida 33130 Attention: Barnaby L. Min, Esq. 10. STATUS OF LAW. The Owner acknowledges that no voter approval was obtained in connection with this Agreement. In the event this Agreement is determined to be unenforceable as a result of (a) the multi -year CRA commitment regarding the use of the Incremental TIF; (b) the failure to obtain County Approval of the CRA Budget on an annual basis; or (c) the failure of the CRA Board to approve the CRA Budget on an annual basis, the Owner acknowledges and agrees that the CRA shall have no liability to the Owner arising under this Agreement. The Owner acknowledges that this provision is a material inducement for the CRA to enter into this Agreement. 11. COUNTY APPROVAL. The Owner acknowledges that this Agreement has not been submitted to the County for review or approval but that the Incremental TIF payments contemplated by this Agreement will be included in the annual budget submitted by the CRA to the County, once the CRA Budget is approved by the CRA Board. The CRA shall have no liability to the Owner in the event the CRA is not permitted by the County to make the payments contemplated by this Agreement. 12. NON -RECOURSE. This Agreement is non -recourse to the CRA. In the event of breach of this Agreement by the CRA, the Owner may seek specific performance of this Agreement and any recovery shall be limited to Incremental TIF generated by the Project above the applicable Base Year, to the extent permitted to be paid to the Owner by the County and subject to any limitations specified herein. 13. DEFAULT BY OWNER. In the event the Owner breaches its duties and obligations under this Agreement and such failure is not cured within thirty (30) days of the Owner's receipt of written notice of default specifying the breach, or such longer period of time, not to exceed one hundred fifty (150) days, if the default, by its nature cannot be cured within thirty (30) days and the Owner has not commenced the curative action within thirty (30) days 9 4 Packet Pg. 94 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 2.6.a and diligently pursues same, then the CRA will have no further duties and obligations under this Agreement. Notwithstanding this section, a failure by the Owner, or its successors, heirs or assigns, to file applicable documentation, including but not limited to the Development Certificate or Completion Certificate, or any other failure to access the Incremental TIF, as described in Section 3, shall only constitute a breach of its obligations for that calendar year, and shall not constitute a default in future years under this Agreement. The CRA acknowledges that the Owner's failure to build either the Project or the Community Improvements shall not entitle the CRA to any damages from the Owner. The CRA's sole and exclusive remedy with respect to a breach of this Agreement by the Owner shall be to withhold the payments from the Incremental TIF contemplated by this Agreement. 14. CONSULTANT AND PROFESSIONAL COMPENSATION. The Owner may retain consultants and professionals to assist the Owner with the negotiation and execution of this Agreement, and the Owner may compensate those consultants and professionals at their standard hourly rate for services performed, or any other method of compensation that is considered standard and reasonable for that particular service. Notwithstanding anything to the contrary contained herein, in no event shall the Owner compensate any such consultant or professional in any form that would be deemed a "bonus," "success fee" or "finder's fee" in exchange for the CRA Board's approval of this Agreement, and subsequent receipt of the Incremental TIF. 15. ADJUSTMENT TO FOLIO NUMBERS. The Owner and the CRA acknowledge that the current tax folio numbers and assessed values with respect to the Project may change as a result of the reconfiguration of the Property in connection with the Project. In such event, the Executive Director of the CRA and the Owner shall proceed in good faith to agree as to (a) which new folio numbers are applicable to portions of the Project, based upon the adjustment in such new folio numbers by the Miami -Dade County Property Appraiser, and (b) which assessed values will be applicable for the Base Year and thereafter with respect to the Property. 16. RELATIONSHIP BETWEEN PARTIES. This Agreement does not evidence the creation of, nor shall it be construed as creating, a partnership or joint venture between the CRA and the Owner. No party can create any obligations or responsibility on behalf of the others or bind the others in any manner. Each party is acting for its own account, and it has made its own independent decisions to enter into this Agreement and as to whether the same is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary. Each party acknowledges that none of the other parties hereto is acting as a fiduciary for or an adviser to it in respect of this Agreement or any responsibility or obligation contemplated herein. The Owner further represents and acknowledges that no one was paid a fee, commission, gift or other consideration by the Owner or the Owner's agent, as an inducement to entering into this Agreement. 17. AGREEMENT TO RUN WITH THE LAND. This Agreement, and all rights and obligations herein, shall be binding upon the successors in interest, and assigns of the Owner who are owners of the Property or portions thereof and run with the land. It is acknowledged that the Owner, as the fee simple owner of the Project, is free to convey title (fee simple, leasehold or otherwise) to third parties of all or portions of the Project subject to the terms of this Agreement. 10 rt° Packet Pg. 95 2.6.a 18. PERMITTING. The Owner agrees to use good faith efforts to obtain the necessary approvals and permits necessary for the construction of the Community Improvements. The Owner shall not be deemed in default of this Agreement if, through no fault of the Owner, the Owner is unable to obtain such permits prior to the completion of construction of the Project. 19. CAP ON INCREMENTAL TIF. Notwithstanding anything to the contrary contained in this Agreement, the total amount of Incremental TIF that shall be paid to the Owner during the term of this Agreement is Nine Million and No/100 Dollars ($9,000,000.00) subject to the limitations stated in Section 3.1.1 and shall not exceed fifty percent (50%) of the Incremental TIF received from the subject Property by the CRA from the County and the City in an amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000) on an annual basis. 20. CRA BUDGET. The CRA covenants and agrees to include in its annual operating budget a line item for the annual payments contemplated by this Agreement, subject to CRA Board approval. 21. DUTIES OF OWNER. As further inducement for the CRA to enter into this Agreement, the Owner and the CRA have agreed to enter into a first source hiring agreement with respect to employment during construction of the Project in the form of Exhibit "E" attached hereto. 22. MISCELLANEOUS. 22.1 All of the parties to this Agreement have participated fully in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 22.2 In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 22.3 In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels and at any administrative proceedings. 22.4 In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and all genders, and captions and Paragraph headings shall be disregarded. 22.5 All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. Agreement. 22.6 Time shall be of the essence for each and every provision of this rel Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 96 2.6.a 22.7 No provision of this Agreement is intended, nor shall any be construed, as a covenant of any official (either elected or appointed), director, employee or agent of the CRA, or the City, in an individual capacity. 22.8 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any action, in equity or in law, with respect to this Agreement must be brought and heard in Miami -Dade County, Florida. 22.9 This Agreement may not be recorded in the Public Records of Miami - Dade County. 22.10 This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. The Executive Director shall have the authority to enter into any change, alteration, or modification permitted under this Agreement without the need for CRA Board approval unless specifically stated otherwise herein. 23. FORCE MAJEURE. In the event that either party hereto is prevented from fully and timely performing any of its obligations hereunder due to acts of God, strikes or lock -outs, other industrial disturbances, acts of the public enemy, laws, rules and regulations of governmental authorities, wars or warlike action (whether actual, impending or expected, and whether de jure or de facto), arrest or other restraint of government (civil or military), blockades, insurrections, acts of terrorists or vandals, riots, epidemics, landslides, sinkholes, lightning, hurricanes, storms, floods, washouts, fire or other casualty, condemnation, civil commotion, explosion, breakage or accident to equipment or machinery, any interruption of utilities, confiscation or seizure by any government or public authority, accident, repairs or other matter or condition beyond the reasonable control of either party (collectively called "Force Majeure", financial inability to perform hereby expressly excluded), such party shall be relieved of the duty to perform such obligation until such time as the Force Majeure has been alleviated; provided, that upon the removal of the Force Majeure, the obligation prevented from being fulfilled will be automatically reinstated without the necessity of any notice whatsoever. 24. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and there are no other agreements, representations or warranties other than as set forth herein. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns. [SIGNATURE PAGE TO FOLLOW] Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 12 Packet Pg. 97 2.6.a IN WITNESS hereof the parties have executed this Agreement as of the date first above written. OWNER: NR MAX MIA I, LLC„ a Florida Witness: limited liability company Print Na ATTEST: By: Name: i 0 S /910 Title: ./ anat., / . ' r CRA: Omni Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, orida Statutes By: By: T d B. H ion Clerk. of the .Board/ APPROVED AS,Tb INSVRA REQUIREMENTS By: Anne-MarieSharpe nterim Director Risk Managemen l weg irector AP'.' OVED AS "O FORM AND CORRECTN Victoria Men General Counsel Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 13 Packet Pg. 98 2.6.a Exhibit "A" Legal Description of Property Lots 5, 8, 7, 8, 9 and 12, Block 8, of ROBBINS GRAHAM AND CHILLINGWORTH SUBDIVISION, according to the Plat thereof, as recorded In Plat Book A, Page 49 Vs, of the Public Records of Mlaml-Dade County, Florida, LESS the East 10 feet of Lot 5; LESS the East 10 feet of Lot 8, and LESS the South 5 feet of Lot 12. TOGETHER WITH: Lots 1, 2 and 3, Block A, T.W. PALMER'S RESUBDIVISION, according to the Plat thereof, as recorded In Plat Book 4, Page 60, of the Public Records of Miami -pads County, Florida, LESS the South 9.0 ff et of Lot 3. Lot 1- Folio No. 01-3136-008-0010 - Lot 2- Folio No. 01-3136-008-0020 - Lot 3- Folio No. 01-3136-008-0030 - Lot 5- Folio No. 01-3136-005-0350 - Lot 6- Folio No. 01-3136-005-0360 - Lot 7- Folio No. 01-3136-005-0370 - Lot 8- Folio No. 01-3136-005-0380 - Lot 9- Folio No. 01-3136-005-0390 - Lot 12- Folio No. 01-3136-005-0390 1615 NE Miami Place 1611 NE Miami Place 1603 NE Miami Place 1630 NE Avenue 1631 NE Miami Place. 1621 NE Miami Place 1622 Ne 1 Avenue 1604 NE 1 Avenue - 1604 NE 1 Avenue Packet Pg. 99 2.6.a Exhibit "B" The Project MAX MIAMI is a mixed use development that includes (i) approximately 513 residential units; (ii) approximately 10,000 square feet of retail (including restaurant) and commercial space; and (iii) parking. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 100 2.6.a Exhibit "C" Community Improvements Addressing Pedestrian Access. The sidewalks along 17th Street between Second Avenue and North Miami Avenue are currently narrow and disjointed. The current condition of the sidewalks significantly impedes pedestrian movement within the area. The Community Improvements by the Owner include but are not limited to (i) removing the existing four (4) foot wide concrete sidewalks on the south side of 17th Street from Second Avenue to North Miami Avenue and on the north side of 17th Street from North Miami Avenue to North Miami Place, (ii) adding a five (5) foot wide concrete sidewalk with an additional three (3) foot wide landscape buffer for shade trees, landscaping and irrigation, on the south side of 17th Street from Second Avenue to North Miami Avenue and on the north side of 17th Street from North Miami Avenue to North Miami Place, (iii) milling and resurfacing 17th Street from Second Avenue to North Miami Avenue, (iv) removing and replacing all existing FPL wooden poles with new aluminum or concrete Miami Dade County approved poles with street lights attached on the south side of 17th Street from Second Avenue to North Miami Avenue and on the north side of 17th Street from North Miami Avenue to North Miami Place, (v) placing waste receptacles along both the south side of 17th Street from Second Avenue to North Miami Avenue and on the north side of 17th Street from North Miami Avenue to North Miami Place, all as further detailed in the attached sketch and plans. All Community Improvements, including but not limited to any street lights and waste receptacles, shall have a similar look and feel as those improvements that were completed by the CRA along NW 14th Street. Addressing Vehicular Access. 17th Street is currently One -Way (from West to East) starting at the intersection of NE 1st Avenue crossing NE 1st Court and ending at Second Avenue (2 Blocks). 17th Street is also One -Way (from East to West) starting at the intersection of NE 1st Avenue crossing NE Miami Place, NE Miami Court and ending at North Miami Avenue. The One -Way direction of 17th Street inhibits residents and visitors from easy access to the residential and commercial properties that line the street. The Owner proposes constructing (i) a six (6) foot wide island in the center of 17th Street between Second Avenue and North Miami Avenue to create a landscaped median and (ii) creating a Two -Way street along 17th Street from Second Avenue to North Miami Avenue with curb -side parallel parking on the south side of 17th Street, all as further detailed in the attached sketch and plans. The Owner has estimated that the Development Cost for the Community Improvements will not exceed $2,000,000.00 in Applicable Costs. To the extent that the Applicable Costs exceed such amount, the Owner shall have the right to adjust the scope of work set forth herein (including removing items) to ensure that the total Development Cost of the Community Improvements does not exceed $2,000,000.00. The Owner will have no obligation to maintain the Community Improvements upon its completion. The Owner, at its own cost and expense, shall submit to the CRA its plans for the construction and installation of the Community Improvements. The plans shall include a schematic layout of the Community Improvements and a lighting and landscaping plan (the "Plans"). Within twenty (20) business days of receipt of the Plans, the CRA shall give the Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 101 2.6.a Owner written notice of either the approval or disapproval of the Plans. If the CRA disapproves the Plans, then such notice of disapproval shall set forth the reasons therefor. The CRA may only disapprove of the Plans upon a finding by the CRA that the Plans contain material variations from the specifications of the Project as set forth in the description contained in this Exhibit C. In the event that the CRA disapproves the Plans, the Owner shall modify the Plans in accordance with the reasons set forth in the CRA's disapproval notice. The modified Plans shall be resubmitted to the CRA for the CRA's final review and approval in accordance with the standards of review set forth above. The CRA shall have a period of ten (10) business days following receipt of such revised Plans within which to review same and furnish to the Owner written notice of the CRA's approval or disapproval. If the CRA fails to furnish to the Owner written notice of the CRA's approval or disapproval of the Plans or revised Plans within the time frame set forth above, then the Plans shall be deemed approved. The Community Improvements shall be deemed complete for purposes of this Agreement upon the completion of the work specified in the Plans, as may be adjusted by the Owner to ensure that the total Development Cost of the Community Improvement does not exceed $2,000,000.00 and submission of a Completion Certificate. If, upon the completion of the Community Improvements, the Applicable Costs are less than $2,000,000.00, the Owner shall remit the difference to the CRA so the total expenditure of funds for the Owner shall be $2,000,000.00. The CRA will then be responsible for utilizing the remaining amount for any other improvements or obligations within the Redevelopment Area within the sole discretion of the Executive Director after consultation with the Owner. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 17 Packet Pg. 102 2.6.a Exhibit "D" Development Certificate DEVELOPMENT CERTIFICATE The undersigned hereby certifies to the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA"), that NR MAX MIAMI, LLC, a Florida limited liability company (the "Owner") has actually paid $ in hard and soft costs to third parties unaffiliated with the Owner in connection with the development of the Project, as defined in the MAX MIAMI Economic Incentive Agreement dated May _, 2014 by and between the Owner and the CRA, as reflected on (i) AIA Form G702, or similar form accepted by the Owner's lender, attached hereto as Exhibit "A" ("Form G702 or equivalent"), and (ii) the Schedule of Soft Costs attached hereto as Exhibit "B" ("Schedule of Soft Costs"), and that the Form G702 or equivalent, and the Schedule of Soft Costs are true and correct in all material respects. NR MAX MIAMI, LLC, a Florida limited liability company By: Name: Title: Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 18 Packet Pg. 103 2.6.a Exhibit "E" First Source Hiring Agreement (Construction) MAX MIAMI FIRST SOURCE HIRING AGREEMENT (CONSTRUCTION) THIS AGREEMENT is made this day of , 2014, by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA") and NR MAX MIAMI, LLC, a Florida limited liability company (the "Developer"). RECITALS A. The CRA was formed for the purpose of removing slum and blight in the Omni redevelopment area (the "Redevelopment Area") and to promote redevelopment and employment within the Redevelopment Area. B. The Developer is the owner of property located within the Redevelopment Area which is more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"). C. The Developer intends to develop the Property as more particularly described on Exhibit "B" attached hereto and made a part hereof and construct certain Community Improvements, as defined in that certain Max Miami Economic Incentive Agreement, dated of even date herewith, between the parties hereto (collectively, the "Project"). D. Simultaneously with the execution of this Agreement, the CRA and the Developer have entered into the MAX MIAMI Economic Incentive Agreement (the "Incentive Agreement") pursuant to which the CRA will make tax increment funds available to the Developer which will be used by the Developer to defray a portion of the costs of development of the Project. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 19 Packet Pg. 104 2.6.a E. The Developer has agreed to enter into this Agreement in order to induce the CRA to enter into the Incentive Agreement. NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: DEFINITIONS As used in this Agreement, the following capitalized terms shall have the following meanings. All definitions include both the singular and plural form. Capitalized terms not specifically defined herein are as defined in the Incentive Agreement. "Agency" shall mean the South Florida Work Force, a state and federally funded 501(c)(3) organization, or a similar community -based organization reasonably acceptable to the CRA. In the event the Agency ceases to exist, upon request of the CRA, the Developer shall select a similar entity capable of handling the responsibilities designated to the Agency hereunder, reasonably acceptable to the CRA. The Developer may depend on the Agency to determine economic status (low-income, unemployed, etc.), residency, and other vital information of applicants or employees and may rely on all such determinations by the Agency for all purposes hereunder. "Agreement" shall mean this First Source Hiring Agreement in its entirety. "City" shall mean the City of Miami, Florida. "County" shall mean Miami -Dade County, Florida. "Construction Contract" shall mean a contract with a total contract value of $250,000.00 or more related to the construction of the Project or part thereof. "Construction Contract" shall not include lease agreements or contracts related to operations of ongoing business at the Project. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 20 Packet Pg. 105 2.6.a "Construction Contractor" shall mean a prime contractor, a subcontractor, or any other business entering into a Construction Contract. "Construction Phase" shall mean the period of time beginning with the commencement of construction of the Project and ending upon the issuance of a certificate of completion. "Full Time Employee" shall mean an individual employed for a minimum of forty (40) hours per standard five-day work week, receiving all of the employee benefits offered by the respective employer to other similarly employed individuals. "Lease Agreement" shall mean a retail lease agreement for the leasing of space within the Project. "Low to Moderate -Income Individual" shall mean (i) an individual whose household income is no greater than 80% of the median income for the County based on the local Census data, or (ii) an individual who is unemployed. "Qualifying Individuals" shall mean Low to Moderate -Income Individuals who are Residents. The Developer may depend on the Agency to determine whether individuals are Qualifying Individuals, as well as their employment, economic status, residency, and other vital information of applicants, or employees and may rely on all such determinations by the Agency for all purposes hereunder. "Residents" shall mean residents of the Redevelopment Area or the City. "Site" or "On -Site " shall mean within the boundaries of the Project. HIRING AND MINORITY EMPLOYMENT PROGRAM Community Outreach. This section is intended to develop reliable resources for community outreach associated with exceeding a participation goal of thirty percent (30%) for new job opportunities for Qualifying Individuals during the Construction Phase of the Project, Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 21 Packet Pg. 106 2.6.a including the prescreening of resumes and the operation of training programs that will develop the necessary skills to facilitate the employment of Qualifying Individuals. This section aims to accomplish these goals by (i) holding events, at least annually, that provide adequate notice to Residents of job opportunities, and (ii) collaborating with community -based organizations and other groups to ensure that appropriate training programs are developed and offered to Residents to establish (a) a mechanism whereby Qualifying Individuals can receive job training in the skills requested by employers for the Project, and (b) a system for prompt reliable pre-screening and referral of applicants to employers as jobs become available. Construction Phase. During the Construction Phase, the Developer shall utilize the services of the Agency for community outreach in striving to meet or exceed a goal of thirty percent (30%) for new job opportunities for Qualifying Individuals. For each Construction Contract, the Developer shall use commercially reasonable efforts to require the Construction Contractor and each of the subcontractors retained by the Construction Contractor to provide employment opportunities generated by the Project to Qualifying Individuals, including, but not limited to, those who are participants in the Agency's training and employment programs, subject to (i) the Construction Contractor's or subcontractors' obligations pursuant to applicable laws, rules, regulations, and orders; (ii) any collective bargaining or other employment or labor agreement; and (iii) the Construction Contractor's obligations to fill vacancies generated by the Project with (a) the Construction Contractor's employees from other jobs, and (b) persons laid off by the Construction Contractor within the last two (2) years. It is understood that jobs may be offered on the basis of qualifications. However, should qualifications be equal, the Developer shall use commercially reasonable Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 22 Packet Pg. 107 2.6.a efforts to cause the Construction Contractor to offer such employment opportunities in the following order of priority, subject to the terms and conditions above: (i) to Residents of the Redevelopment Area; ( ii) Residents of the City. The Developer shall use commercially reasonable efforts to cause each Construction Contractor to collaborate with the Agency to ensure that appropriate skills training programs are established with the objective of training Qualified Individuals for employment as part of the On -Site construction work force for the Project. For each Construction Contract, the Developer shall use commercially reasonable efforts to cause the Construction Contractor to notify the Agency on a monthly basis of (i) entry level and apprenticeship positions; (ii) union and non -union job openings resulting from the Construction Contract requirements; and (iii) the number of positions needed and the minimum qualifications required for each position. For each Construction Contract, the Developer shall use commercially reasonable efforts to cause the Construction Contractor to utilize the Agency as the "first source" in identifying candidates for entry-level, apprenticeship, and union and non -union positions. For each Construction Contract, the Developer shall use commercially reasonable efforts to cause the Construction Contractor to give preference and first consideration on the basis of qualifications; however, should qualifications be equal among candidates, the Developer shall use commercially reasonable efforts to cause Construction Contractor, to the extent permitted by law and any existent labor agreements, and except as otherwise provided for in Section 1 hereof, to offer such employment opportunities in the following order of priority: to (i) Residents of the Redevelopment Area; (ii) to Residents of the City to fill entry level, apprenticeship, union and non -union positions. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 23 Packet Pg. 108 2.6.a For each Construction Contract, the Developer shall use commercially reasonable efforts to (i) cause the Construction Contractor to advertise or cause to be advertised through: (a) the Agency; (b) local media; and (c) the City community television channel; and (ii) hold job fairs in the Redevelopment Area seeking to attract Qualifying Individuals for training and employment at the Project . For each Construction Contract, the Developer further agrees to use commercially reasonable efforts to cause the Construction Contractor to use its commercially reasonable efforts to ensure that thirty percent (30%) or more of those individuals offered employment are Qualifying Individuals. As long as these persons remain employed, their positions will continue to be counted toward the thresholds of the Developer's performance regardless of any change in their status as a Qualifying Individual. Annual thresholds shall be pro -rated monthly as required. In the event that the Agency is unable to identify Qualified Individuals for the unfilled positions needed by the Construction Contractor, any qualified person, irrespective of their status as Qualifying Individuals may be hired for the unfilled/targeted position. The CRA acknowledges that all employees of the Project will be required to have the necessary employment skills, and meeting the insurance policy requirements of the Project, including, but without limitation, requirements for a drug -free workplace. In addition, the CRA acknowledges that various employment opportunities may require union membership, and may require security clearances consistent with the Project's security policies and procedures. For purposes of this Agreement, to the extent the Agency provides the above services, the Developer may rely on the information provided by the Agency for verification purposes. To the extent that the procedures set forth in this section are in conflict with applicable federal, state or local laws, as it pertains to the Developer or Construction Contractor's Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 24 Packet Pg. 109 2.6.a procedures, the Developer or Construction Contractors may substitute other procedures, that are reasonably acceptable to the CRA, in order to accomplish the purpose and intent of this Agreement. REPORTING Semi -Annual Reports Analysis. The Developer shall use commercially reasonable efforts to cause the Construction Contractors to prepare, or cause to be prepared, detailed semi-annual reports on the implementation of all sections of this Agreement during the Construction Phase. The Construction Contractor shall coordinate with the Developer in the creation of the semi-annual reports and the Developer will submit the completed report to the CRA. The CRA shall not unreasonably reject the semi-annual reports provided by the Construction Contractor and the Developer. These reports should include, but not be limited, to the following: • total number of positions hired to -date; • total number of positions held by Qualifying Individuals residing in the Redevelopment Area and the City, respectively; • total new hires this reporting period; • total new hires from prior reporting period; • total new hires to -date; • total number of individuals referred from each respective recruiting source; and • total number of individuals hired from each respective recruiting source. These reports shall be provided to the CRA, consistent with any security provisions of the Project. If the report indicates that the percentage threshold requirement is not being met, the Developer shall use commercially reasonable efforts to cause each Construction Contractor to include as part of the report a discussion of the reasons the threshold requirements were not met. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 25 Packet Pg. 110 2.6.a Further, in the event the Agency prepared the report or the initial data on Qualifying Individuals, on behalf of the Developer, the Developer shall be entitled to rely on information provided by the Agency. The last report shall be delivered to the CRA within six (6) months of the conclusion of the Construction Phase. IMPLEMENTATION OF FIRST SOURCE HIRING PROGRAM For each Construction Contract, the Developer shall use commercially reasonable efforts to cause this Agreement, or any amended version thereof, to be included as a material term of such Construction Contract. NOTICES Notices required or permitted to be given pursuant to the terms of this Agreement will be delivered in personor sent by certified mail, (with return receipt requested and postage prepaid), by a recognized contract carrier providing signed receipt for delivery, notice will be deemed delivered upon receipt or refusal of delivery. Notices will be delivered at the following addresses, subject to the right of any party to change the address at which it is to receive notice by written notice to the other party: If to the Developer: If to the CRA: NR MAX MIAMI, LLC c/o N.R. Investments, Inc. 1111 Park Centre Boulevard Suite 450 Miami Gardens, Florida 33169 Attention: Nir Shoshani Pieter A. Bockweg, Executive Director Omni Redevelopment District Community Redevelopment Agency 1401 North Miami Avenue 2nd Floor Miami, Florida 33136 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 26 Packet Pg. 111 2.6.a With a copy to: Office of the City Attorney 444 S.W. 2nd Avenue 9th Floor Miami, Florida 33130 Attention: Barnaby L. Min, Esq. GENERAL PROVISIONS Severability Clause. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall continue in full force and effect. Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the parties hereto. Any reference in this Agreement to a specifically named party shall be deemed to apply to any successor in interest, heir, administrator, executor, or assign of such party. Intended Beneficiaries. The CRA is an intended third -party beneficiary of contracts and other agreements, which incorporate this Agreement, with regard to the terms of this Agreement. The CRA shall therefore have the right to enforce the provisions of this Agreement against each Construction Contractor. Term. This Agreement shall become effective on the date of mutual execution of this Agreement. This Agreement shall automatically expire, and the Developer shall have no further obligations hereunder, upon substantial completion of the Project. Waiver. The waiver of any provision or term of this Agreement shall not be deemed as a waiver of any other provision or term of this Agreement. The mere passage of time, or failure to act upon a breach, shall not be deemed as a waiver of any provision or terms of this Agreement. Estoppel. The parties hereto agree to provide each other, within 15 days of request, an estoppel letter acknowledging that the other party is not in default of this Agreement. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 27 Packet Pg. 112 2.6.a Construction. The parties hereto have been represented by counsel in the negotiation and drafting of this Agreement. Accordingly, this Agreement shall not be strictly construed against any party, and the rule of construction that any ambiguities be resolved against the drafting party shall not apply to this Agreement. No Termination of Existing Employees. Neither the Developer, nor any Construction Contractor, shall be obligated to terminate any existing employees to comply with the terms and provisions of this Agreement. Should either the Developer or Construction Contractor be unable to meet the thresholds or objectives of this Agreement, due to low employment position vacancy, the threshold will be based upon the job openings that are available. Entire Agreement. This Agreement and the Incentive Agreement contain the entire agreement between the parties with respect to construction of the Project and supersedes any prior agreements regarding hiring, whether written or oral. Amendments. This Agreement may not be altered, amended or modified, except by an instrument in writing signed by the Developer and the CRA. Authority of Signatories. The individuals executing this Agreement represent and warrant that they have the authority to sign on behalf of the respective parties. Waiver of Jury Trial. The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury with respect to: (i) any action, proceeding or counterclaim based on this Agreement; (ii) any action arising out of, under or in connection with (a) this Agreement; (b) any amendment or modification of this Agreement; or (c) any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto. This waiver of jury trial provision is a material inducement of the CRA and Developer entering into the subject transaction. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 28 Packet Pg. 113 2.6.a [SIGNATURE PAGES TO FOLLOW] Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 29 Packet Pg. 114 2.6.a IN WITNESS WHEREOF, the CRA and the Developer executed this Agreement the day and year first above written: Witnessed: DEVELOPER: Print Name: ame: ATTEST: Todd B. Hannon, Clerk of the Board APPRO ED AS T Victoria Mendez, Gene : Counsel NR MAX MIA I, LLC, a Florida limited liability compan By: Name: I SOS Title: J✓(Gi,9 CRA: OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes By: Name: Pi. er A :tckweg Title: Execu-Director ORRECTNESS: Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 30 Packet Pg. 115 2.6.a Exhibit "A" Legal Description of Property Lots 5, 6, 7, 8, 9 and 12, Block 8, of ROBBINS GRAHAM AND CHILLINGWORTH SUBDIVISION, according to the Plat thereof, as recorded to Plat Book A, Page 49 Vs, of the Public Records of Mlaml-Dade County, Florida, LESS the East 10 feet of Lot 5; LESS the East 10 feet of Lot 8, and LESS the South 5 foot of Lot 12. TOGETHER WITH; Lots 1, 2 and 3, Block A, T.W. PALMER'S RESUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 60, of the Public Records of Mlaml-Dade County, Florida, LESS the South 10 feet of Lot 3. Lot 1- Folio No. 01-3136-008-0010 - Lot 2- Folio No. 01-3136-008-0020 - Lot 3- Folio No. 01-3136-008-0030 - Lot 5- Folio No. 01-3136-005-0350 - Lot 6- Folio No. 01-3136-005-0360 - Lot 7- Folio No. 01-3136-005-0370 - Lot 8- Folio No. 01-3136-005-0380 - Lot 9- Folio No. 01-3136-005-0390 - Lot 12- Folio No. 01-3136-005-0390 1615 NE Miami Place 1611 NE Miami Place 1603 NE Miami Place 1630 NE 1 Avenue 1631 NE Miami Place 1621 NE Miami Place 1622 Ne 1 Avenue 1604 NE 1 Avenue - 1604 NE 1 Avenue Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 116 2.6.a Exhibit "B" The Project MAX MIAMI is a mixed use development that includes (i) approximately 513 residential units and (ii) approximately 10,000 square feet of retail (including restaurant) and commercial space. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 117 2.6.a Exhibit F Interlocal Agreement Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 33 Packet Pg. 118 2.6.a a 1/18/(3S (Revised) !HC if 0 �)1 L•. 11:�'1 '.1!.':S. .ERS 13AC•f 1'l )1;.:. ;. ti.OR,: lq INTERLDCAL COOPERATION. AGREEMENT THIS, AGREEMENT, made this 31 day of March )' 2/4.‘"j. 33 , 1983, by and between Metropolitan Dade County, a political subdivision of the State of Florida (hereinafter referred to as the COUNTY) and the city of Miami, a municipal corporation under the laws of the State of Florida (hereinafter referred to as the CITY). WI TNES SETR: WHEREAS, by Resol on. No. 1677-82 d Ordina the COUNTY has approved a Plan tax crement.financ the Southeast Overtown/Park Nest Community Redevelopment area (hereinafter referred to as the PROJECT), and WHEREAS, this PROJECT will take place within the corporate limits of the CITY, and WHEREAS, the CITY played the major role in the preparation of the Plan and financing proposal for the PROJECT, and WHEREAS, the CITY hereby requests delegation from the COUNTY to become the redevelopment agency for the PROJECT, and WHEREAS, the COUNTY and CITY desire to provide the manner in which the CITY shall have certain responsibilities for the PROJECT, NOW, THEREFORE, the COUNTY and the CITY agree as follows: I. CITY -COUNTY COORDINATION The County and City Managers shall designate a Project Coordinator and Project Manager, respec- tively, to carry out the 'COUNTY and CITY responsi- bilities for the PROJECT; These two people will make recommendations to the County and City Managers on all appropriate PROJECT activities. II. CITY RESPONSIBILITIES A'. Land Disposition 1. The CITY shall prepare the land disposition guidelines and procedures which shall be reviewed and approved by the Miami City -1- 3 • Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 119 2.6.a 3/18/83 (Revised) Commission and the Board of County Commis- sioners prior to issuance. The CITY shall prepare PROJECT marketing materials and shall be responsible for advertising for developers to submit proposals., A Review Committee shall be established by the City Manager with representation from Dade County pursuant to procedures established by the CITY. 2 The Committee shall perform the function of evaluating proposals and recommending a developer to the Miaid City Commission. The Board of County Commissioners shall make the final selection, and shall select a developer that first has been approved by the Miami City Commission and whose proposal complies with requirements of the request for proposals. Any disposition of land for the PROJECT shall be accomplished in accordance with applicable federal guidelines and applicable provisions of state lay. Promptly after the selection of the developer by the County Commission, the County Commission shall r authorize the conveyance of the land to the City . at no cost. 3. The City shall convey the land to the developer for fair market value for use in accordance With the redevelopment plan and shall deposit the proceeds from the'sale in the redevelopment trust fund to be utilized in accordance with the PROJECT budget. 8. Other Project Activities I. The CITY shall be responsible for all relocation except residential relocation. 21 The CITY shall design and construct public improve- ments necessary to support the redevelopment of the PROJECT. The County and City Managers shall determine that such activities comply with -2- Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) s:Dr Packet Pg. 120 2.6.a .i/18/83 (Revised) appropriate federal, COUNTY and CITY regu- lations relating to affirmative action and race conscious concerns, when such activities are funded with tax increment monies. C. Project Financing 1. The CITY shall establish and set up the haid s redevelopment trust fund and develop and ... ra.. ` un4 promulgate rules, regulations and criteria whereby the FUND may be promptly and effec- tively administered, including the establish- ment and the maintenance of books and records and adoption of procedures whereby the CITY may, expeditiously. and without'undue delay utilize such funds in accordance with the approved budget for the PROTECT. 2. The CITY shall prepare and submit for COUNTY approval the plans for financing the PROJECT and the annual budget for the PROJECT when tax increment monies are utilized or if tax increment monies are used as a refunding mechanism to retire instruments of indebtedness guaranteed from non ad valorem City of Miami resources. 3. The CITY assures the COUNTY that redevelopment activity financed with tax increment revenues in that part of Overtown between N.A. 8th Street and N.W. llth Street shall move ahead in concert with those redevelopment activities in Park West financed with tax increment revenue. 4. Before the CITY hires any financial or legal consultants to assist in the preparation of the tax increment financing plans, the City Manager and County Manager shall determine that their hiring complies with appropriate COUNTY and CITY regulations relating to affirma- tive action and race conscious concerns. i ..n. 't .. ., . L,• .1 Via- 61,c-442 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) • Packet Pg. 121 2.6.a 3/18/83 (Revised) 5_. The CITY shall sell all bonds required to finance the PROJECT. Ail tax increment instruments of indebtedness shall be sub- mitted to the County Commission for approval prior to their approval by the City Commission. 6. The County's obligation to appropriate to the fund shall be rescindable, at the discretion of � / 3.3"y. .., .• the County, if a period of two (2) years passes from the date of the initial bonding or indebted- ness described in County Ordinance Ho. B2-115 without a new sale of bonds or other new commit- ment of County tax increment dollars to the pay- ment of debt service for capital improvement or land acquisition bonds, except that the rights of existing bondholders shall be protected. The County's the fund continue obligation to annually appropriate to shall commence on December 31, 1982, and until all loans, advances and indebtedness incurred as a result of the community redevelopment project have been paid or for two (2) years from the effective date of County. Ordinance No. 82-115 (December 31, 1982), if there is has not been, at the end of that two year period, a pledge of the tax increment funding granted by County .Ordinance No. 82-115 through the issuance, sale and delivery of an instrument of indebtedness such as bonds or tax anticipation notes described in Section 163.385. Florida Statutes. D. Citizen Participation 1. To carry out the citizen. participation process, the CITY shall utilize the Overtovn Advisory Board and the Park West Civic Association for community involvement and coordinate CITY and COUNTY community involvement. -4- Jo'7.�. a Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 122 2.6.a '3/18/83 (Revised) E. rroiect Management, Administration and Coordination 1. The City shall: a. .Develop implementation schedules and time- tables for all PROJECT activities. b. Monitor the implementation schedules and timetables. c. Submit annual progress reports to the COUNTY and the community. d. Provide the COUNTY with the PROJECT's Plan of Action and monthly updates of said Plan. III. CITY ASSURANCES As part of this Agreement the CITY: A. Shall not impose a building moratorium in the PROJECT area. Any request for a permit to build or remodel within the PROJECT area shall be processed by the CITY in accordance with CITY codes and ordinances. B. Shall use Community Development and other available CITY funds in the amount of $200,000 per year for two years to assist in the redevelopment of the Overtown section of the PROJECT, other than that part of Overtown to be financed with tax increment monies. c_ Shall follow applicable federal, COUNTY, and CITY regulations concerning affirmative action and race conscious concerns in the hiring of all consultants. IV. COUNTY ASSURANCES As part of this agreement, the COUNTY: A. Shall acquire and conv�' ..and acquired under this Agreement to the CITY in a timely manner so that selected developers can meet their financing requirements. The CITY shall approve all prices of negotiated acquisitions and the institution of eminent domain proceedings before the COUNTY concludes e negotiated acquisition or institutes eminent domain proceedings. V. COUNTY RESPONSIBIr1TIES Except as specified in this'Agreement, the. COUNTY shall be responsible for all aspects of the PROJECT. -5- 7 Ga M 7 i1 ec�':��.L1�� �- Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 123 2.6.a •• ,:r r th.:•11!I.-I) All powers not specifically delegated to tho CI17 in this Agreement • shall be reserved exicusively.p the Board of County Commissioners. IN WITNESS WHEREOF, the. parties hereto have caused this r ' Agreement to be executed in their names try their duly authorized officers and the corporate seals to be affixed hereto. all of the day and year first above "mitten. WITNESS our bards and seals on this 31 day of March ATTEST: BC. ONGIE City Clerk • • ATTF.STs 1983. _ 00, dµ s ; & i . %AI) 1J 'yam"• •' SO DEPUTY CLERK , Prepared ana-Approved by3 fr4,t?.-7h7,044 . DEL E. MAXWELL Assistant City Attorney 1 s.• CITY or HIAMI, a tannicipal corporation of the State of Florida 1111) By; .!��-. B. ARD V. City Ravage METROPOLITAN DADE many, a political subdivision Of the State ;off FIo • �a : // By: : H.A. Cow►t7 Approved as to 17rosa and Correctness: se R. Garcia -Pedrosa ity Attorney • Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 124 2.6.a • SOU LEAST 0 VER TOWN/PAR__ WEST COMMUNITY REDEVELOPMENT AGENCY =111 fril HI 111111 111111 E:111PAI 111111:13111 li II 4111-1 MC*111;1111. PROJECT AREA WHIM 113 eilifi 111111111M Milli • I-DvEATOWN REHABILITATION DEMONSTRATION AREA 1A-PHASE 1. IB-PHASE II 2- OVERTOWN TRANSIT STATION REDEVELOPMENT MICA . . 3- PAHICWEST PROJECT AREA " • 1111 COLIMUNITY REDEVELOPMENT AREA 1 HHI 1(f) 0 200 MAP 1 ENTEWNIAL • PARK IffirT417311:10B1:14111:11E , :. : - eso ution aut orizin • t e 5t , men. ment to t e ' ' ' T iami anvas conomic ncentive ' • reement, 20 Packet Pg. 125 2.6.a SOUTHEAST OVERTOWNIPARK WEST . COMMUNITY REDEVELOPMENT AGENCY DEVELOPMENT PROGRAM . SUBJECT TO DRI Legal Approx. Commercial Description Acre3E0 Residential ((Affice & retail) Miami North Blocks 24 4.1 350 units 30,000 sq. ft. 25 2.2 175 units 15,000 sq. 11. 36: 3.7 200 units 25,000 sq. tl. 37 4.1 350 units 30,000 sq. 8. 44 3.6 300 units 25,000 sq. ft; 95 2.0 100 units , 25,000 sq. ft. 46 3.4 200 units 0 sq. ft. 55 3.4 200 units 0 sq. 11. 56 2.0 0 100,000 sq. fl. °PAR. CEL NUMBER • • °`°"'' PHASE !REDEVELOPMENT AREA PHASE I- • DEVELOPMENT PRO GRAM MAP 2 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreemen Packet Pg. 126 2.6.a AMENDMENTS TO INTERLOCAL COOPERATION AGREEMENT between Miami -Dade County and the City of Miami November 15, 2000 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 127 2.6.a 1 _ 7 -� • •r ,.-.. E lTY I a")°71 MENDKONTS To IHTERUPCA.L COOPERATION AGREEMENT THIS AGREEMENT,. made this /J-; day of golma,...64-� , -1990, by and between Metropolitan Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "County") and the City of Miami, Florida, a municipal corporation under the laws of the State of Florida (hereinafter referred to ae the "City"). W 1TN E S SET E: WHEREAS, the City and the County entered into an Interlocal cooperation Agreement, dated as of March 31, 1983, as amended (the "Interlocal Cooperation Agreement)., Natil= provided for the exercise'of redevelopment powers by the City in the Southeast Overtown/Park West community redevelopment area (the "Area"), the implementation of the oommunity redevelopment plan for the Area (the "Plan"), the delegation by the County to the City Commission to act as the community redevelopment agency for the City, and the use of tax increment financing to, pay the. costs of the implementation or the Plan; and WHEREAS, pursuant to and in acoordance with till. Interloaal Cooperation Agreement and the delegation Of pOWers therein, the City proceeded to exercise such redevelopment powers by acquiring property for redevelopment purposes and causing the development of certain multi -family residential facilities, commercial developments, public improvements and various other improvements in the Area in furtherance of the Plan, and .i WHEREAS, the City desires'to issue its revenue 'bonds (the .Bonds") secured by tax increment revenues deposited in the Redevelopment Trust fund (as described below) for the Area and to use the proceeds of the Bonds for the purpose of (1) repayment of a loan to the City from the U.S. Department of Housing and Urban Development, which the city used to finance the acquisition of certain land in the Area, (2) reimbursement to the city of $750,000 used by the City to pay expenses of implementing the Plan, (3) financing the construction of certain infrastructure improvements and (4) financing the acquisition of additional land in the Area which will be sold or leased to developers for construction thereon of.. multi -family residential facilities, Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 128 T 2.6.a commercial developments, public improvements and various other improvements, and WHEREAS, prior to the issuance of the Bonds the City and the County desire to make certain amendments to the Interlecal cooperation Agreement, NOW, THEREFORE, the County and the City agree as follows: 1. pefined Terms. Capitalized terms used herein shall have the meanings ascribed to them in the Interlocal Cooperation Agreement except as otherwise specifically defined herein.' 2. Desthna.tion of Community RedeVekQpment Aaenoy: Delegation of Redeve-Onment Powers; _Pavmnents from Fund. The. City and County agree that the City Commission of the City is the community Redevelopment Agency ("CRA") for the Project and has been functioning as the CRA since the effective date of the Interlocal Cooperation Agreement (April 19, 1983). The City and County further ag_e. that the'Coenty delegated certain specified redevelopment powers within the meaning of Section 163.410, Florida Statutes, to the CRA in the Interlocal- Cooperation Agreement. The City and County further agree that the CRA is authorized to make payment rom the.Fund to the City to pay debt service on the'gonds pursuant to the Inferlocel Arent between the City and the CRA dated MMa E �8, 1 99 . (&- 90- ot9f ) 3. Establishment of Fund. The city and County agree that the city vas authorized by the Interlooal Cooperation Agreement to establish the Fund and that the creation of the Fund by the City under Ordinance No. 9590 enacted on April 6, 1983, was. approved by the County by the adoption of -Resolution No. R-467-83 and the county•s execution of the xnterlocal Cooperation Agreement. 4. Base Values. The City and County agree that the assessed value of property for ad valorem taxation purposes to be used in calculating the amount Of tax increment revenues is (a) with respect to the Area as initially approved by the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit "A", the value as of January 1, 1982, contained_in the preliminary ad valorem assessment roll for'1982 prepared by the Property Appraiser of the County; and. (b) with respect to the addition to the Area approved by the County in Ordinance No. 86-4, the valeta as of January 1, 1985, contained in the preliminary ad valorem assessment roll for 1985 prepared by the Property Appraiser of the County. 5. Rntervrise Zone Tax Exemptions. The City and County agree that a part of the Area is in an "enterprise zone" created by the County pursuant to Sections 290.0055 and 290.0065, Florida .Statutes (1969) (the "overtown Enterprise Zone"). The City and 2 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 129 arr 2.6.a County further agree that by referendum held on November 4, 1986, the County was authorized at its discretion to grant property tax exemptions to new businesses and expansions of existing businesses located in the overtown Enterprise Zone and, in furtherance of such authorization, the County enacted ordinance No. 88-27 on April 19, 1988, authorizing the grant of such property tax exemptions, which ordinance has been codified in.the Code of Metropolitan Dade county, Florida (the "County Code").as Chapter 29, Article X. The City and County further agree that the County. has not previously granted any property tax -6kemptions for new and expanding .businesses in the overtown Enterprise Zone. The County hereby agrees (i) not to grant any property tax exemptions to new and expanding businesses located within the Overtown Enterprise Zone and (ii) to amend County Code Section 29-81 to read as follows:1 Section 29-81. Authority to grant the exemptions. Pursuant to the ,terms of this article [Ordinance Number 88,-27j, the board of county commissioners at - its discretion is hereby authorized to grant by ordinance ad valorem tax exemptions to new and expanding businesses located within enterprise zones, as defined herein, except in the community redevelopment area located in South Miami Beach which is generally bounded by Sixth street on the north, Biscayne Bay on the west, the Atlantic Ocean on the east and Government out on the south and in the community redevelopment area located in Southeast overtown/Park West which is generally bounded by 1-395. 1-95. N.W. 5th Street, yetrorail right of way. N.W. let Street. North Miami Avenue, N.E, 5th Street and Biscayne Boulevard. The board of county commissioners may also agree to grant an exemption based merely on presentation of proposals that indicate serious intent to build a now business or expand an existing busineSS within an enterprise zone, except in the above - referenced community redevelopment areas located in South Miami Beach and Southeast Overtown/Park West, provided however, that 'the improvements to real property are made or the tangible personal property are added or increased on or after the day the ordinance granting the exemption is adopted. 6. =fect of Amendments. This Amendment supplements the Intetiocal Cooperation Agreement by such additional provisions as are set forth herein. Accordingly, the City and County agree 1 Underscored words indicate the amendment proposed. Remaining provisions are now in effect and would remain unchanged. 3 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 130 i 2.6.a that the provisions of the Interlocal Cooperation Agreement remain in effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, all of the day and year first above written. (Seal) ATTEST: Prepared and Approved by: v DepetT City A torney FjSSiS+n nt' • CITY OF MIAMI, a Municipal co oration of the Stat fof Florida By: Cesar H. Odio City Manager METROPOLITAN DADE COUNTY, a political subdivision of the state of Florida B Pchi my Manager Approved as to Form and Correctness: B o ge nandea city Attar ey Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 131 2.6.a .1-90-171 2/28190 EXHIBIT A RESOLUTION NO. ' A RESOLUTION OF THE CITY.OF MIAMI, FLORIDA, WITH ATTACHMENTS, AUTHORIZING THE ISSUANC220o0NOTTO 00) IN EXCEED TWENTY-TWO MILLION DOLLARS ($22,000,000) PRINCIPAL AMOUNT OF THE CITY'S COMMUNITY REDEVELOPMENT REVENUE BONDS, SERIES 1990, TO FINANCE THE COST OF OR TO REIMBURSE THE CITY FOR THE COST OF THE ACQUISITION OR IMPROVEMENT FOR REDEVELOPMENT PURPOSES OF CERTAIN PROPERTIES IN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AND TO FINANCE THE REPAYMENT OF A LOAN MADE TO THE CITY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN CONNECTION THEREWITH; PROVIDING FOR THE SOURCE OF.REPAYMENT OF SAID BONDS FROM REVENUES; AUTHORIZING THE EXECUTION OF AMENDMENTS TO AN INTERIOCAL COOPERATION AGREEMENT DATED MARCH 31, 1983, BETWEEN THE CITY AND DADE COUNTY AND THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY; AUTHORIZING VALIDATION OF THE BONDS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: SECTION 1. Authority. This Resolution is enacted pursuant to the Charter of The City of Miami, Florida (but only to the extent not inconsistent with and not repealed by the provisions of Section 166.021, Florida Statutes); Section 163.01, Florida Statutes; Part III, Chapter 163, Florida Statutes; Chapter 166, Florida Statutes; the Constitution of the State of Florida; and other applicable.provisions of law. SECTION.2. Findings and Determinations. It is hereby ascertained, determined and declared that: A. The existence of the slum and blightediareas te therein in The City of Miami (the "City") Y adversely affects the health, safety and welfare of the citizens and taxpayers of the City and adversely affects tourism and related industries in, and the public image of, the City. B. The existence of one or more slum or blighted areas in the City, specifically the Southeaststo ). imposes Overtown/Park West Redevelopment areah("ertownind an undue and oppressive burden upoq government citizens of the City, which if not reduced or eliminated will adversely affect the ability of the City to provide local government services to its citizens and healwwill safety seriously undermine and damage the public and welfare. C. The deterioration and blight in Overtown are such that they cannot be remedied solely by private efforts. There is no economic incentive; logistical problems such as acquisition of various tracts of real estate from several owners effectively deter any potential private developers. Such developers, with governmental investors assistance would be, have been, and are willing in the redevelopment of Overtown. Therefore the problems of deterioration and blight are such that can be mtin effectively remedied by the participation of government a redevelopment program. ATTACHMENTS C l + TAIE® 5 CITY COMMISSION MEETING OF MAR 8 1990 RESOLUTION No.90--01 REMARKS: AT RR • Packet Pg. 132 2.6.a D. Dade County (the "County") has approved on December 7, 1982, a redevelopment plan for Overtown (the "Plan") and has provided for an Interlocal cooperative agreement between the County and the City, dated as of March 31, 1963, as amended (the "Interlocal Cooperation Agreement") delegating redevelopment powers to the City Commission of the City, providing for the creation of a redevelopment trust fund by the City and the deposit of tax increment revenues therein and providing, for the issuance of bonds, notes and other obligations secured by such revenues in accordance with certain conditions set forth in the Interlocal Cooperation Agreement. Pursuant to the Interlocal Cooperation Agreement, the City has provided for the creation of the redevelopment trust fund (the "Redevelopment Trust Fund") and the funding and administration thereof. E. The rehabilitation and redevelopment of Overtown is necessary in the interest of the public health, safety, morals and welfare of the City, and in order to carry out such rehabilitation and redevelopment it is necessary and appropriate for the City Commission to be a Community Redevelopment Agency ("CRA") under Part III of Chapter 163, Florida Statutes (tbe "Redevelopment Act"). The Interlocal Cooperation Agreement in effect recognized the City Commission as the CRA under the Redevelopment Act. F. The City has determined that the redevelopment of Overtown will require the acquisition of certain lands within Overtown (the "Lands"), as more particularly described on Exhibit "A" hereto, for redevelopment purposes, and the City acting as the CRA under its delegated redevelopment powers has already begun a program of acquiring such Lands. G. Pursuant to the terms of a Section 108 Loan Agreement dated February 7, 1988, (the "Loan Agreement"), the City borrowed $5,958,400 (the "HUD Loan") from the Department of Housing and Urban Development of the.United States("HUD"), which moneys were used by the City to acquire certain of the Lands (the "HUD -financed Lands"). The City has leased or conveyed the HUD -financed Lands to private developers who have constructed or are in the process of constructing multi -family rental or condominium housing projects on such property, except for one parcel of land which has been leased to the Miami Sports and Exhibition Authority and upon which the Miami Arena is located. H. The City desires to acquire or improve certain other parcels of the Lands (the "Other Lands") for redevelopment purposes, which Other Lands may be conveyed or leased to private developers for multi --family rental or condominium projects, or for other commercial ventures or projects or other purposes provided for in the Plan. I. The City, through the issuance of revenue bonds, expects to be able to obtain funds on terms more beneficial to the city than the funds obtained under the Loan Agreement to repay the HUD Loan and to finance the acquisition of the Other Lands which Other Lands may be conveyed or leased to private developers for multi -family rental or condominium projects, or for other commercial ventures or projects or other purposes provided for in the Plan. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 90--0196 6 Packet Pg. 133 2.6.a 1 J. Redevelopment of Overtown will add to employment in the City both by creating employment opportunities for persons in the construction industry in the City and by the creation of new jobs by merchants, entrepreneurs and other commercial ventures who after the redevelopment of the area will be willing to locate their businesses in Overtown. Redevelopment will also contribute to the stability of family life in the City by providing affordable housing to lower income residents. K. The City, under the,terms of the Interlocal Cooperation Agreement, is authorized to issue bonds or other obligations payable from tax increment revenues deposited in the Redevelopment Trust Fund which funds are to be pledged to repayment of bonds, notes or other obligations secured by such revenues (the tax increment revenues deposited in the Redevelopment Trust Fund, the rental revenue derived by the City under the Land Lease Agreement dated October 10, 1986 between the City, the Miami Sports and Exhibition Authority and Decoma Miami Associates, Ltd. and any other source of revenues which may be irrevocably pledged by the City for the payment of the 1990 Bonds (as hereinafter defined) prior to the issuance of the 1990 Bonds are hereinafter referred to as the "Pledged Revenues"). L. The acquisition of the Other Lands and the repayment of the HUD Loan through the issuance of not to exceed $22,000,000 in aggregate principal amount of the City's Community Redevelopment Revenue Bonds, Series 1990 (the "1990 Bonds"), the principal of, premium, if any, with respect to and interest on which shall be payable solely from the Pledged Revenues, will serve proper and sufficient public purposes by aiding in the eradication of slum and blighted conditions and revitalizing of Overtown. SECTION 3. Authorization of Acquisition of Other Lands and Repayment of HUD Loan: Authorization of Bonds. The acquisition, of the HUD -Financed Lands is hereby ratified and the acquisition of the Other Lands and the repayment of the HUD Loan are hereby authorized, with the cost thereof to be financed through the issuance of the 1990 Bonds by the City. Subject and pursuant to the terms hereof, the 1990 Bonds are hereby authorized to be issued at one time, or from time to time as needed, in series, in an aggregate principal amount not exceeding Twenty -Two Million Dollars ($22,000,000). The denominations of the 1990 Bonds, interest rates to. be borne by the 1990 Bonds, the maturity dates thereof and the other terms of the 1990 Bonds shall be established by subsequent ordinance or resolution of the City adopted prior to issuance thereof. In no event, however, shall the 1990 Bonds bear interest at a rate in excess of the maximum rate permitted by applicable law or mature more than thirty -years after the date of issuance thereof. The 1990 Bonds shall be payable solely from and secured by the Pledged Revenues. The 1990 Bonds and the premiums, if any, with respect thereto, and the interest thereon shall not be deemed to constitute a debt, liability or obligation of the City, the CRA, the County or the State of Florida or any political subdivision thereof, or a pledge of the faith and credit of the city, the CRA, the County or the State of Florida or any political subdivision thereof, but shall be payable solely from the Pledged Revenues, and the city shall not be obligated to pay the 1990 Bonds, the premiums, if any, related thereto or the interest thereon, except from the Pledged Revenues, and neither the faith and credit nor the taxing power of the City, the CRA, the County or the State of Florida or any political subdivision Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 90-0196 Packet Pg. 134 2.6.a } thereof is pledged'to the payment of the 1990 Bonds. The 1990 Bonds may be issued so that the interest thereon shall be intended to be included in the gross income of the holders thereof for federal income tax purposes or so that such interest shall be intended to be excluded from the gross income of the holders thereof for federal income tax purposes, as shall be determined by ordinance or resolution of the city adopted prior to issuance of the 1990 Bonds. SECTION 4. Approval of Amendments to Interlocal Cooperation Agreement. The Interlocal Cooperation Agreement shall be amended as described in Exhibit "B" hereto. The amendment of the Interlocal Cooperation Agreement, substantially in the form attached hereto as Exhibit "B", is hereby authorized and —the City- Manager and .-the .Clerk or any Assistant or Deputy Clerk of the City are hereby authorized to execute any document evidencing such amendments subject to such changes, omissions and filling of blanks therein as the officers executing the same shall approve, such execution to constitute conclusive evidence of such approval.. -. SECTION 5. ,4nnroval of the Interlocal Agreement. The City Commission, as the CRA, desires to share with the City its powers with respect to redevelopment, the issuance of bonds, and other matters, through the execution of an interlocal agreement between the City and the CRA (the "Interlocal Agreement") The execution by the City of the Interlocal Agreement, substantially in the form attached hereto as Exhibit "C", is hereby approved, and the City Manager and the Clerk or any Assistant or Deputy Clerk are hereby authorized to execute such Interlocal Agreement on behalf of the City, subject to such changes, omissions and filling of blanks therein as the officers executing the same shall approve, such execution to constitute conclusive evidence of such approval. SECTION 6. Validation Authorized. The City Attorney is hereby authorized and directed to institute proper proceedings in the Circuit Court of the Eleventh Judicial Circuit, in and for Dada County, Florida, to confirm and validate the'1990 Bonds and to pass upon the security thereof and the validity and legality thereof, of the Interlocal Agreement and of other matters relating thereto. SECTION 7. $everability. If any one or more of the . covenants, agreements or provisions of this Resolution shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Resolution or of the 1990 Bonds issued hereunder which shall remain in full force and effect. Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) se 90-0196 Packet Pg. 135 2.6.a • SECTION 8. Effective Date. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of March, 1990. ATTEST: Ma ty Hirai, City Clerk Prepared and approved by: avier L. Suare j•yor Approved As to Form and Correctness: Linda K. Kearson, ' J•rge-'L. F- andez, Assistant City Attorney City At9ney q Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 90-0196 Packet Pg. 136 2.6.a } EXHIBIT A CITY OF MIAMI S.E. Overtown/Park West Community Redevelopment Project PROPERTIES TO BE ACQUIRED WITH THE BOND PROCEEDS •Properties located in a City block bounded by N.W 8th Street, N.W. 9th Street, N.W. 2nd Avenue, and N.W. 3rd Avenue Properties located in a City block bounded by H.W. 9th Street, N.W. 10th Street, N.W. 3rd Avenue apd N.W. 2nd Court Properties located in a City block bounded by N.W. 9th Street, N.W. and 10th Street, N.W. 2nd Court, and N.W. 2nd Avenue Properties fronting N.W. .2nd Avenue of a City block bounded by N.W. 8th Street, N.W. 9th Street, H.W. 2nd Avenue, and H.W. 1st Court Properties located in a City Block bounded by H.W. 10th Street, N.W. 11th Street, N.W. 1st Avenue, and North Miami Avenue Properties located in a City Block bounded by N.W. 11th Street, N.W. 12th Street, H.W. 1st Avenue, and North Miami Avenue Properties fronting N.E. 1st Avenue of a City block bounded by N.W. 7th Street, N.W. 8th Street, North Miami Avenue, and N.E. 1st Avenue /0 90-0196 Packet Pg. 137 2.6.a } E7�iIBII "B" AMENDMENTS TO INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT, made this day of 1990, by and between Metropolitan Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "County") and the City of Miami, Florida, a municipal corporation under the laws of the State of Florida (hereinafter referred to as the "City"). W ITNESSET H: WHEREAS, the City -and the County entered into an Interlocal Cooperation Agreement, dated as of March 31, 1983 (the "Interlocal Cooperation Agreement"), which provided for the exercise of redevelopment powers by the City in the Southeast Overtown/Park West community redevelopment area (the."Area"), the implementation of the community redevelopment plan for the Area (the "Plan"), the delegation by the County to the City Commission to act as the community redevelopment agency for the City, and the use of tax increment financing to pay the costs of the implementation of the Plan; and- WHERE.S, pursuant to and in accordance with the Interlocal Cooperation Agreement and the delegation of powers therein, the City proceeded to exercise such redevelopment powers by acquiring property for redevelopment purposes, and causing the development of certain multi -family residential facilities, commercial. deelvpumia.m, public improvements and various other improvements in the Area in furtherance of the Plan, and WHEREAS, the City desires to issue its'revenue bonds (the "Bonds") secured by tax increment revenues deposited in rthe Redevelopment Trust Fund (as described below) for the Area and to use the proceeds of the Bonds for the purpose of (1) repayment of. a loan to the City from the Q.S. Department of Housing and Urban Development, which the City used to finance the acquisition of certain land in the Area and (2) financing the acquisition of additional land in the Area which will be sold or leased to developers for construction thereon of multi -family residential facilities, commercial developments, public improvements and various other improvements, and WHEREAS, prior to the issuance of the Bonds the City and the County desire to make certain clarifying amendments to the • 90-0196 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 11 Packet Pg. 138 2.6.a Interlocal Cooperation Agreement, and to provide for the approval by -the County o> the'issuance of the Bonds by the City, NOW, THEREFORE, the County and the City agree as follows: 1. County Approval, of Bonds. The parties hereby find, recognize and acknowledge that no bonds, notes or other obligations have been issued within the two (2) year period after December 31, 1982, the effective date of County Ordinance No. 82-115, the payment of which is secured by tax increment revenues of the County. However, notwithstanding the provisions Of Paragraph II.C.6. of the Interlocal Cooperation Agreement, the County does hereby consent to the issuance of the revenue bonds described in Resolution No. of the City, adopted on March 8, 1990 (the "Bonds"), and the pledge of tax increment revenues (including tax increment revenues of the County) in the Redevelopment Trust Fund authorized by the Interlocal Cooperation Agreement and -created- by'Ordinance No. 10018 of the City enacted on July le, 1985 (the "Trust Fund"), for the payment of principal of and interest on the Bonds. Furthermore, with regard to the Bonds, the County agrees not to assert and does hereby waive the provisions in Paragraph II.C.6. pertaining to the County rescinding its obligation to continue to appropriate annually tax increment revenues to the Trust Fund, and does hereby agree to continue making such appropriations for so long as the Bonds are outstanding. 2. Approval of Interlsca_1 Agreement Between City and Community Redevelopment Agency. The County does hereby consent to and approve the obligation of the Community Redevelopment Agency of the City of Miami, Florida (the "Agency"), in the Interlocal Agreement between the City and the Agency, dated as of March 8, 1990, to make payments of tax increment revenues from the Trust Fund to the City to be used for payment of principal of and interest on the Bonds. 3. Redevelooment Trust Fund: Base Values. The County. does hereby find, acknowledge and agree ci.ai, ti,c City has established and is properly administering the Trust Fund and that the City has prepared an annual budget relating to the use of funds in the Trust Fund and has presented such budget to the County for approval in accordance with the provisions of the Interlocal Cooperation Agreement. The parties find, acknowledge and agree that the assessed value of property for ad valorem taxation purposes to be used in calculating the amount of tax increment revenues shall be the value reflected in the preliminary ad valorem assessment roll prepared by the Property Appraiser of Dade County, Florida, pursuant to section 193.1142, Florida Statues, reflecting values as of January 1, 1982. 4. Tax Increment Calculation. The parties agree that the calculation each year of the amount of tax increment revenues to 2 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) /9- 90-0196 Packet Pg. 139 2.6.a be appropriated by each "taxing authority" (as that term is defined in Section 163.340(22),'• Florida Statutes (1989)), and deposited in the Trust Fund shall be made in accordance with the formula set forth in Section 163.387(1), Florida Statutes (1989). The City. agrees to amend its Ordinance 9590 and the County agrees to amend its Ordinance 82-115 to provide that the calculation of the tax increment revenues shall be made as follows: [The) increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: (a) The amount of ad valorem taxes levied each year by each taxing authority, erxclusive of any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area; and (b) The -amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority,exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund. 5. Effect of Amendments. This Agreement amends the Interlocal Cooperation Agreement by amending those paragraphs thereof specifically referred to herein and supplements said Interlocal Cooperation Agreement by such additional provisions as are set forth herein, provided however, the delegation of redevelopment powers from the County to the City and the effective date of the creation of the Trust Fund shall remain as provided in the Interlocal Cooperation Agreement and shall not be affected or chargF.d by this Agra ilii.m . 6. Ratification of Prior Actions. The County recognizes and acknowledges that the City has proceeded with the redevelopment of the Area. The County does hereby ratify and approve of such redevelopment and, .furthermore, finds and acknowledges -.that such redevelopment by the City was undertaken - in accordance with the requirements of the Interlocal Cooperation Agreement. 7. Community Redevelopment Agency. The City and the County acknowledge that the City Commission was intended to be and has been functioning as the Community Redevelopment Agency within the City pursuant to the delegation of redevelopment .9O-Og96 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 140 2.6.a powers by the County to the City under. the Interlocal Cooperation Agreement.- , 8. Delegation of Powers. Pursuant to section 163.410, Florida Statutes, the County, as a charter county, did on March 31, 1983 delegate certain redevelopment powers to the City in the Interlocal Cooperation Agreement, and such delegation is hereby reaffirmed, ratified and continued. 9. peemed to Be Resolution. in thoseinstances in which Part III, chapter 163, Florida Statutes, provides that certain actions are to be taken by resolution, the parties hereto acknowledge and agree the Interlocal Cooperation Agreement, this Agreement amending the Interlocal Cooperation .Agreement, and any provision of each of such agreements shell be deemed to he such resolution. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, all of the day and year first above written. WITNESS our hands and seals on this day of , 1990. CITY OF MIAMI, a (Seal). Municipal corporation ATTEST: of the State of Florida By: Natty Hirai Cesar H. odio City Clerk City Manager METROPOLITA1I DADE COUNTY, a political subdivision of the State of Florida ATTEST: By: Deputy Clerk XAVIEB L. SUAREZ. NkTOR Prepared and Approved by: Approved as to Form and Correctness: LINDA K. REARSON ASSISTANT CITY ATTORNEY 27387016 ila:WP163 By: 4 Jorge L. Fernandez City Attorney 1 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 90-0196 Packet Pg. 141 2.6.a ) EXHIBIT C INTERLOCAL AGREEMENT (Overtown Project) This Interlocal Agreement (the "Agreement"), is made as of this day of , 1990, by and between the Community Redevelopment Agency of The City of Miami, Florida, a public body corporate and politic of the State' of Florida (the "Agency"), and The City of Miami, Florida, a Florida municipal corporation (the "City"). W ITNESSET H: WHEREAS, it is the purpose and intent of this Agreement, the parties hereto., .and Section 163.01, Florida I :tarlv.'.a. Cooperation Act of 1969~(the "Cooperation Act") to permit and -authorize the Agency and the City to make the most effi- cient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the badis of mutual advantage and thereby achieve the results provided hereby; and WHEREAS, it is the purpose of the Cooperation Act to provide a means by which the Agency and the City may exercise their respective powers, privileges and authority which they may have separately, but which pursuant to this Agreement and the Cooperation Act they may exercise collec- tively;'and WHEREAS, the Agency and the City desire to have constructed multi -family residential facilities, commercial developments, public improvements and various other improve- ments constituting a redevelopment project in the Southeast Overtown/Park West community redevelopment area of the City (the "Project")., which will promote the rehabilitation and redevelopment of the community redevelopment area, benefit the local economy, and be of substantial benefit to the en- tire City and the area of operation of the Agency; and WHEREAS, the City proposes to issue revenue bonds (the "Bonds").to finance the cost of the acquisition, con- struction, and equipping of the Project, including the .payment of certain loans and advances from the U.S. Department of Housing and Urban Development (the "HUD Loan"); and WHEREAS, the City )roposes to pledge the rental revenue derived by the City under the Land Lease Agreement . dated" October 10, 1986 between the City, the Miami Sports 90-0196 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 142 2.6.a and Exhibition Authority and Decoma Miami Associates, Ltd. and the City and the Agency propose to pledge the increment revenues and certain other funds deposited in the Redevelopment Trust Fund, in each case to secure the City's obligations with respect to -the Bonds and in the case of the Agency to pay the Agency's obligations to the City created by this Agreement; and WHEREAS, but for the mutual undertakings hereunder of the parties, it would be necessary for either the City or the Agency, acting individually, to provide all financing, pledge all security and take all actions required or permit- ted for construction of the Project; however, under the Cooperation Act each has elected to pursue jointly and col- lectively these separate actions, all in accordance with the intent and purpose of the Cooperation Act permitting local o Per►!nnnrR amn!' v other th7 nnP to prna.ie.e Fran ve- nues the financial and other support for the purposes set forth in interlocal agreements; and WHEREAS, the Agency and the City wish by this Agreement to more fully establish the joint and several obligations, duties and responsibilities of the City and the Agency created hereby, to provide a means and method for a cooperative venture by the parties, and to more fully secure 'the payment of the obligations contemplated hereby, includ- ing the Bonds proposed to be issued by the City, and the obligations of the Agency hereunder, in the manner provided herein and in the proceedings providing for the issuance of the Bonds by the City in order to further the purposes stated herein;. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, the Agency and the • City agree as follows: SECTION 1. Authority. This Agreement is en- tered into pursuant to the provisions of Section 163.01 and Part /II, Chapter 163, Florida Statutes; Chapter. 166, -Florida Statutes; the Charter of the City; and other appli- cable provisions of law. SECTION 2. Definitions. For the purposes of - this Agreement, the term "Resolution" means Resolution No. adopted by the City (:ommission of the City on March 8, 1990,1as it may be amendeC. or supplemented from time to time. Unless otherwise indicated, all other capi- Said Resolution having been adopted by the Miami City -Commission in its capacity as the Community Redevelopment Agency of the City - of Miami, Florida. 2 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 90-0196 Packet Pg. 143 2.6.a ta1'ized terms used herein shall have the same meanings as attributed to them in the Resolution. Words importing singular numbers shall include the plural number in each.case-and vice versa, and words import- ing persons shall include firma, corporations and other en- tities, including governments or governmental bodies. - SECTION 3. Findings. A. The Agency hereby adopts, ratifies, and af- firms -the findings of the City contained in the Resolution. B. The parties hereby recognize and find that it is in the best interests of each and the public to establish a cooperativA relatir+nchin der to best carry out the purposes of the Act and to further the goals and objectives of the Community Redevelopment Plan (the -"Plan") for the- Southeast Overtown/Park West Redevelopment Area (the "Area") as, approved by the City on July.29, 1982 by adoption of its Resolution 82-755, specifi- cally including the inducement to the City to provide for the financing of the acquisition, construction, and equip- ping of the Project, the pledge of the security therefor, and the incurrence by the Agency of the Agency's Obligations (as hereinafter defined). C. The parties hereto hereby find that each has the requisite power and authority to enter into and be bound by this Agreement and to effectuate and carry out its provi- sions to the fullest extent contemplated hereby. D. The parties. hereto hereby find that to the fullest extent contemplated hereby, either party may perform its respective actions required hereby to finance and ac- quire, construct, equip, and install the Project. SECTION 4. Goals; Objectives. The goal and.ob- jective of each of the parties to this Agreement is to provide the means for each individually and both collec- tively to participate to the fullest extent of its and their authority and resources to bring about the Project. It is further the goal and objective of the parties hereto that the successful completion of the Project be done in the most expeditious manner reasonably available to the parties resulting in the least cost and greatest overall benefit to the public. 3 90-0196 Incentive Agreement) Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economi /1 Packet Pg. 144 2.6.a 1 SECTION 5. Cooperation; Exercise of Powers. The parties hereto agree to cooperate and assist each other in achieving the goals and objectives set forth in Section 4 hereof. Furthermore, each Jai the parties hereto does hereby :grant to the other and does acknowledge that the other party may in furtherance of the goals and objectives, exercise any and all powers legally available to the other, including the taking of.any action under Part III, Chapter 163, Florida Statutes, the issuance of bonds, the pledge of security therefor, the acquisition of title to. any property by emi- nent domain or otherwise, the disposition of any property by lease, sale or otherwise, the pledge or use of monies in the Redevelopment Trust Fund, which but for this Agreement, that party may not be able to exercise and which by virtue of this —Agreement may be shared with the other party and be exercised separately or collectively. With regard to the disposition of property by the Agency, in accordance with Section 163.380(2), Florida Statutes, such property may be sold, leased or otherwise transferred at not less than its fair value in accordance with such reasonable bidding proce- dures as the Agency may prescribe, which may be different from the bidding procedures prescribed by the City. The Resolution, as amended from time to time, may implement the purposes and intent of this Agreement by allocating the respective duties, responsibilities, and obligations of the parties in furtherance of this Agreement and the Project. SECTION 6. Financing. A. The City proposes to issue the Bonds authorized by and in accordance with the Resolution for the purpose of • paying the cost of acquiring, constructing, equipping and installing the Project, payment of the HUD Loan and for • other lawful purposes authorized by the Resolution. The debt service on the Bonds will be secured in the manner provided herein and in the Resolution. B. The City owns or will acquire title to the site of the Project and will construct or cause to be con- structed thereon the Project. The City is willing to finance the cost -of the acquisition, construction and equip- ping of the Project and payment of the HUD Loan, and to make payment of all debt service on the Bonds issued for such purposes from revenues pledged for such purpose in'the Resolution. C. Commencing with the delivery of the Bonds, the Agency shall immediately deposit or cause to be deposited 4 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) 90— )1 Packet Pg. 145 2.6.a tax increment revenues into the Redevelopment Trust Fund and shall continue to make or cause to be made such deposits for .so long as the Bonds remain unpaid and thereafter until the Agency's Obligations (as hereinafter defined) incurred hereunder shall have been paid in full -by the Agency to the .City. D. On or before the first payment of principal or interest or both on the Bonds is due and payable, the Agency .shall transfer funds on deposit in the.Redevelopment Trust Fund to a segregated account in said Fund in an amount equal to the lesser of the funds on deposit in the Redevelopment Trust Fund or the amount of -such debt service payment. Such a transfer shall be made for each payment of debt service on .the Bonds as the same are due and payable. _ (The Agency's obirgation to make such transfers is hereby referred to as the "Agency's Obligations"). E. In order to secure its indebtedness to the City for the Agency's Obligations, the Agency hereby pledges to the City and grants to the City a security interest in and an irrevocable lien upon the Tax Increment Revenues prior .and superior to. all other liens or encumbrances thereon except for the lien thereof in favor of the Bondhol�rs. The City and the Agency, to secure the obliga- tions of the City under the Resolution in favor of the Bondholders, hereby pledge to such holders and grant to such holders, or any Trustee therefor designated pursuant to the Resolution, an irrevocable lien upon and a security interest in the Tax Increment Revenues for the payment of interest, premium, if any, and principal on the Bonds, all reserves therefor and all other obligations of the City to the extent and in the manner provided in the Resolution. F. The Agency is presently entitled to receive Tax Increment Revenues to be deposited in the Redevelopment Trust Fund, and has taken all action required by law to en- title it to receive such revenues, and the Agency will dili- gently enforce the obligation of any Taxing Authority.(as defined in Section 163.340(Z), Florida Statutes) to appro- priate its proportionate share of the Tax Increment Revenues and will not take, or consent to or permit, any action which .will impair or adversely affect the obligation of each such Taxing Authority to appropriate its proportionate share of such' revenues, impair or adversely affect in any manner the deposit" of such revenues in the Redevelopment Trust Fund, or the pledge of such revenues hereby and by the Resolution. The Agency and the City shall be unconditionally and irrevo- cably obligated, so long a.s any of the Bonds are outstand- ing, and until the payment :.n full by the Agency of its in- 90-0196 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 146 2.6.a debtedness to the City for the Agency's obligations, to take all lawful action necessary or required in order to ensure that each such Taxing Authority shall appropriate its proportionate share of the Tax Increment Revenues as now or later required by law, and to make or. cause to be made any deposits of Tax Increment Revenues or other funds required by this Agreement, the Resolution, and the Act. . G. The Agency will not issue any debt obligations payable from or secured by the Tax Increment Revenues, ex- cept as may be permitted by the Resolution and with the ex- press written approval of the City. H. The Agency does hereby authorize and consent to the exercise of full and complete control and custody of :the --Redevelopment Trust Fund, and any and all monies therein, by the City or any trustee designated pursuant to the Resolution, for the purposes provided in the Resolution and,this Agreement, including the payment by the City, or by the trustee on behalf -of the City, of debt service on the Bonds and payment of the Agency's Obligations. SECTION 7. Representations and Warranties. A. The Agency does hereby represent and warrant to the City that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities -provided for or required of it by this Agreement, whether exercised individually or collectively. B. The City does hereby represent and warrant -to the Agency that it has all requisite power, authority, and authorization -to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, -make-any payment contemplated hereby, and to fulfill any and .all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether -- exercised individually or collectively. SECTION 8. Amendnente. Neither the Resolution nor any amendments or supplem..nts thereto, shall be adopted which would have the effect of enlarging the obligations of tine City or the Agency hereunder or adversely affecting the rights or interests of the Ci'.y or Agency, without the writ- ten consent of the City thereto if the obligations of the 6 • 90-0196 Packet Pg. 147 2.6.a 1 City are being enlarged or the rights or interests of the City are adversely affected, or with the written consent of the Agency thereto if the obligations of the Agency are be- ing enlarged or the rights or interests of the Agency are adversely affected. .This.- Agreement may be amended by the 'mutual -agreement of the City and the Agency at any time and from time to time prior to the issuance of the Bonds. Thereafter, no modification or amendment of this -Agreement or any. agreement amendatory hereof or supplementary hereto, adverse to the rights or interests of the Bondholders, shall be effective without the consent in Writing of the holders of at least two-thirds (2/3rds) or more of the principal amount of the Bonds then outstanding, but no modification shall permit a change that will (a) affect the unconditional promise of •the Agency or the City to collect, hold, pay or make available--the--Tax Increment -Revenues deposited or available for deposit in the Redevelopment Trust Fund, or (b) reduce such percentage of the holders of the Bonds required above for such modifications or amendments, without .the.consent of all the holders .of all of the Bonds • then outstanding. SECTION 9. This Agreement to Constitute Contract`. In consideration of the acceptance of the Bonds authorized to be issued under the Resolution by those who shall hold the same from time to time, this Agreement shall. be deemed to be and shall constitute a contract between the City, the Agency and the Bondholders. The covenants and agreements herein set forth to be performed by the City and the Agency shall be for the equal benefit, protection and security of the Bondholders without preference, priority or distinction among them. SECTION 10. Remedies. The Agency, the City, and any holder of any of the Bonds to be issued by the City, may seek to protect and enforce any and all rights, duties, and obligations of the City or Agency granted and contained in this' Agreement and in the Resolution, and to enforce and compel the performance of all duties required by this Agreement or by any applicable.laws to be performed by the Agency or the City or by any official thereof, and the col- lection of all funds pledged by the Resolution or made .available by this Agreement; and may take all steps to en- force and collect such funds to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. 7 • J/ 90-01% Packet Pg. 148 2.6.a SECTION 11. Severability. If any one or more of the covenants, agreements or provisions of this Agreement shall be held contrary to,any express provision of law or contrary to any policy of express law, although not ex- pressly prohibited, contrary to any express provision of the Resolution, or against public policy, or shall' for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall'be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Agreement. SECTION 12. Validation. The City Attorney is hereby authorized by the parties hereto to initiate appro- priate proceedings in the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, Florida, for the validation of this Agreement and the rights and obligations of •the Agency and the City under this Agreement and the Resolution, and the proper officers of the City and the Agency are hereby authorized to verify on their behalf any pleadings in such proceedings, and such counsel may join in one complaint or one proceeding, or both, in connection with the validation of this Agreement and the Bonds issued or to be issued pursuant to the Resolution. SECTION 13. Controlling Law. All covenants, stipulations, obligations and agreements of the City and the Agency contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each of the City and the Agency, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. Any and all provisions of this • Agreement and any proceeding seeking to enforce or challenge any provision of this Agreement shall be governed by the laws of the State of Florida. Venue for any proceed- ing pertaining to this Agreement shall be Dade County, Florida. SECTION 14. No Member Liability. No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant-, stipulation, obligation or agreement of any present or future member of the governing body or agent or employee of the City or the Agency in its, his or their individual capacity, and neither the members of the governing body of the City or the Agency, nor any offi- cial executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the 8 0 E 0 0 a) a) c) c) E O O c) W w > c m U E m X 2 d 0 a) E a) E t a) t N 0 t m O 0 a) co M W co a) E L c) 90-0I.96 Packet Pg. 149 2.6.a 1 execution by the City or the Agency of this Agreement or any act pertaining thereto. ' SECTION 15. _..Recording. The City Clerk of the City of Miami is hereby authorized and directed after ap- proval •.of this Agreement by the respective governing bodies of the City and the Agency and the execution thereof by the duly qualified and authorized officers of each of the par- ties hereto, to file this Agreement with the Clerk of the Circuit Court of Dade County, Florida, for recording in the publib records of Dade County, Florida. SECTION 16.- •Expiration Date. Unless extended by mutual agreement of the City and the Agency, this Agreement shall expire at such time as the Bonds shall be fully paid or provision shall be made for the payment of all of the Bonds as provided in the Resolution or subsequent supplemen- tal resolutions thereto affecting the sale of the Bonds and the Agency shall have otherwise paid in full its indebted- ness to pay the Agency's Obligations to the City.. SECTION 17. Effective Date. This Agreement shall become effective immediately upon the.execution by the appropriate officers of the City and the Agency, and upon filing of this Agreement with the Clerk of the Circuit Court of Dade County, Florida, as required by Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first above written. (SEAL) Attest: CITY OF MIAMI, FLORIDA By: Matty Hirai •Cesar H. Odio City Clerk City Manager 9 • 90-0196 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) • Packet Pg. 150 2.6.a COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI Attest: By: M=_y Hirai Xavier L. Suarez Secretary Chairpan Prepared and Approved by: Approved as to form and correctness Jorge L. Fernandez Deputy'City Attorney . City Attorrey • ok kirk- 273870016ila:41 10 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) lb/ 90-o1: Packet Pg. 151 2.6.a STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAHI ) I, RATTY HIRAI, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 20, inclusive,constitute a true and correct copy of a Resolution, with attachements, passed and adopted by the City Commission at the meeting held on the Bfh-day of March, 1990. SAID RESOLUTION HAS DESIGNATED AS RESOLUTION NO__90-0196. IN WITNESS WHEREOF, I hereunto set my hand and impress the Official Seal of the City of Miami, Florida this 25th day of June, 1990. (OFFICIAL SEAL) • NATTY HIRAI City Clerk Miami, Florida Rya •Y •.L L De uty City Clerk Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 152 2.6.a AMENDMENT TO 1983 INTERLOCAL COOPERATION AGREEMENT This Amendment to 1983 Interlocal Cooperation Agreement ("Amendment") is made and entered into this 22_ day of January, 2010, by and between 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 Southeast Overtown Park West Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "SEOPW CRA"). WHEREAS, the Miami -Dade Board of County Commissioners (the "Board") adopted Resolution No. R-1677-82 and Ordinance No. 82-115, which approved a Redevelopment Plan (the "Original Plan") and tax increment financing for the Southeast Overtown/Park West Community Redevelopment Area ('-'the "Original Redevelopment Area"); and WHEREAS, on April 19, 1983, the Board also adopted. Resolution No. R-467-83, which approved an Interlocal Cooperation Agreement between the City and the County (the "1983 Interlocal Agreement") in accordance with Part III, Chapter 163, Florida Statutes, which among other things, delineated those areas of responsibility for the redevelopment of the Original Redevelopment Area within the boundaries as set forth by the Finding of Necessity; and, WHEREAS, pursuant to the Original Plan and the 1983 Interlocal Agreement, the City was authorized to undertake redevelopment of the designated Original Redevelopment Area; and WHEREAS, the SEOPW CRA is responsible for implementing activities and projects designed to revitalize and redevelop the Original Redevelopment Area in accordance with the Original Plan; and WHEREAS, on December 31, 2007, the Board adopted Resolution No. R-1372-07 approving an interlocal agreement between whereby the County, the City, the Omni Community Redevelopment Agency and SEOPW CRA which, among other things, amended the 1983 Interlocal Agreement (the "2007 Interlocal Agreement"); and WHEREAS, the City and SEOPW CRA agreed to generate a Finding of Necessity study ("FON") to substantiate the expansion of boundaries of the Redevelopment Area and an amendment to the Redevelopment Plan ("Amended Plan") to expand the Original Redevelopment Area ("Redevelopment Area") the SEOPW CRA's boundaries and extend its life until March 31, 2030; and WHEREAS, pursuant to the 2007 Interlocal Agreement and applicable law the FON and Amended Plan are subject to approval by the Board; and WHEREAS, the County, the City and the SEOPW CRA wish _ to remove slum and blighted conditions in the Redevelopment Area in accordance with the Original Plan by investing in (i) affordable and workforce housing opportunities; (ii) job creation and economic Final Approved 1 by the County, City, and CRA 01-14-10 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 153 2.6.a development; (iii) infrastructure; (iv) parks and open spaces; (v) arts and culture; and (vi) quality of life initiatives; and WHEREAS, the City, the County and the SEOPW CRA have acknowledged that the 1983 Interlocal Agreement and the Amended Plan shall include tax increment funding for three (3) projects identified as Camillus House, Alonzo Mourning Charities, Inc., and Mama Hattie's House (collectively referred to the "SEOPW CRA Developments"); and WHEREAS, the parties acknowledge that the SEOPW CRA Developments would be of great benefit to the SEOPW CRA and the community as a whole; and WHEREAS, the County, the City and the SEOPW CRA find that it would be in the best interest of the parties to resolve their differences and for the City and the SEOPW CRA to dismiss with prejudice that certain case captioned City of Miami et al. v. Miami -Dade County, Case No. 07-46851 CA 31 . (the "Reverter Lawsuit") in accordance with the terms of this Amendment, NOW, THEREFORE, THE COUNTY, CITY and SEOPW CRA agree as follows: 1. The recitations set forth above are true and correct and adopted as part of this Amendment. 2. The parties agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida Statutes, including any prior approvals by the City and the SEOPWA CRA required therein, the following SEOPW CRA Developments, among other projects in the Redevelopment Area, shall be partially funded by the SEOPW CRA when the County and the City have determined that each respective SEOPW CRA Developments are ready to proceed: a. The Camillus House project, which involves providing housing for homeless individuals and families in a new facility, including related structures and infrastructure to be developed within the Redevelopment Area. b. The Alonzo Mourning Charities, Inc., an affordable housing project to be developed in the Redevelopment Area. c. The World Literacy Crusade of Florida, Inc. also known as Mama Hattie's House to be developed within the Redevelopment Area. The City and the SEOPW CRA shall submit for the County's approval any and all plans for development with respect to each of the individual SEOPW CRA Developments before contracts are entered into for construction of each of the respective SEOPW CRA Developments. The City and the SEOPW CRA understand that the process of reviewing the proposed SEOPW CRA Developments will entail mutual cooperation from the City, the County and the SEOPW CRA and that any delay in the review process may delay when the Board considers the SEOPW CRA Developments. The City and the SEOPW CRA, and the County agree that the approval of this Amendment by the parties does not Final Approved 2 by the County, City, and CRA 01-14-10 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 154 2.6.a constitute approval of the SEOPW CRA Developments by the County. Therefore, the. parties agree that if the Board does not approve the SEOPW CRA Developments as a matter of their sovereign power and legislative authority, the failure to approve such project should not be deemed a breach of thise Interlocal Amendment Agreement or any other agreement between the parties relating to the SEOPW CRA Developments, and the County shall not be liable to the City or the SEOPW CRA for such failure to approve the SEOPW CRA Developments 3. The SEOPW CRA may elect to issue bonds and/or incur indebtedness required to finance its contribution to the SEOPW CRA Developments, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than March 31, 2030. Prior to the issuance of any bonds and/or indebtedness by the SEOPW CRA, the County shall have the right to review all related documents and agreements and may approve such bond issuances or indebtedness, pursuant to the provisions of this 1983 Interlocal Agreement and applicable law, including Florida Statute Section 163.358(3). 4. The City and the SEOPW CRA respectively represent that they have previously adopted resolutions recommending that the County approve the Amended Plan and this Amendment and that they have the legal authority to execute this Amendment. 5. The City, SEOPW CRA, and the County agree that the Reverter Lawsuit will be abated for ninety (90) days from the effective date of this Amendment and shall be dismissed with prejudice following the County's approval of the plans for the development of a portion of Block 36 and Blocks 45 and 56, which are to be submitted to the County for approval within the 90-day abatement period in the same manner as is set , forth in Paragraph II herein. 6. In all other respects, the 1983 Interlocal Agreement is ratified and confirmed. 7. In the event of any conflict between the 1983 Interlocal Agreement, the 2007 Interlocal and this Amendment, the terms of this Amendment shall control. 8. There are no third party beneficiaries to this Amendment. The parties expressly acknowledge 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 substantially 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 Amendment. 9. This Amendment may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, all as of the day and year first above written. Final Approved 3 by the County, City, and CRA 01-14-10 Packet Pg. 155 2.6.a WITNESS our hands and seals on this 2-2- day of City of Miami, a municipal State of Fl By: Pedro G. Hernandez, City Manager tion of the ST: B Miami -Dade County, a political subdivision of the State of Florida By: iti Mayor Carlos A1vez or designee B City Clerk ` 100 A -Thor„ pcn Southeast Overtown Park West Community Redevelopment Agency, a public body corporate and politic B. A E,06,/2„.„-- ST: By: c: )01=4-- City Clerk �o Oila 4-7' Final Approved 4 by the County, City, and CRA 01-14-10 :_; .... Atha6:1Y% e>' O M Tic Q- �r4 •. a —r� • `` Z ty Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY: By: Terrence A. Smith Assistant County Attorney Date: 0 ZO1 Packet Pg. 156 2.6.a APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: By: City Attorney Date: //5/ O/D APPROVED AS TO FORM AND CORRECTNESS FOR SEOPW CRA: By: G%e�fCl.0 . K goevo.. SEOPW CRA Attorney Date: ///V 2-0 /o Final Approved 5 by the County, City, and CRA 01-14-10 Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 157 STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE I, HARVEY RUVIN, Clerk of the Circuit Court in and for Miami -Dade County, Florida and Ex-Officio Clerk of the Board of County Commissioners of Said County, Do Hereby Certify that the above and foregoing is a true and correct copy of the "Amended Southeast Overtown/Park West Community Redevelopment Agency Interlocal Cooperation Agreement", as Appears of Record. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 22nd day of January, A.D. 2010. HARVEY RUVIN, Clerk Board of County Commissioners Dade County, Florida By. Ly. Deputy dierk Board of County Commissioners Miami -Dade County, Florida Attachment: 3486 Exhibit (3486 : Resolution authorizing the 5th Amendment to the MAX Miami (Canvas) Economic Incentive Agreement) Packet Pg. 158 OMNI Board of Commissioners Meeting January 17, 2018 2.7 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 4, 2018 and Members of the CRA Board Jason Walker Executive Director 2974 Subject: Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program Enclosures: 2974 OMNI CRA Enhanced ServicesOperational 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 $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. 159 JUSTIFICATION: 2.7 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. 160 2.7 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 of Commissioners 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. 161 2.7 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. 162 2.7 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. 163 2.7.a MIAMI POLICE DEPARTMENT RODOLFO LLANES CHIEF OF POLICE DOWNTOWN NET OMNI CRA ENHANCED SERVICES OPERATIONAL PLAN ,UL►G �1 FLA. 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 21' Street. Based on the analysis, all 3 shifts are affected with a majority of incidents occurring during the B & C shift hours. Packet Pg. 164 2017-2018 OMNI CRA ENHANCED SERVICES - Operational Plan 2 2.7.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 Packet Pg. 165 2.7.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 coming 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 Packet Pg. 166 2017-2018 OMNI CRA ENHANCED SERVICES - Operational Plan 4 2.7.a UNIFORM: EVENT TIME: ROLL CALL TIME: ROLL CALL LOCATION: COMMUNICATION: PAYROLL CODE: LOCATION: N.W. 1 st Ct. - North Bayshore Drive/ N.E. 8th St. — N.E. 21st St. 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: Packet Pg. 167 2.7.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 ofMiami, 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: GRANT TERMS 1 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 168 2.7.b 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 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. 2 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 169 2.7.b 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. (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. 3 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 170 2.7.b (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. REPRESENTATIONS AND WARRANTIES. GRANTEE represents and warrants the following: (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, 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. 4 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 171 2.7.b 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. (f) 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. (c) The CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. 5 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 172 2.7.b (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 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 6 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 173 2.7.b 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 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 7 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 174 2.7.b 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 cnforccd 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. 33. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 8 Attachment: 2974 Grant Agreement (2974 : Resolution Authorizing a Grant to the City of Miami for the Omni CRA Police Program) Packet Pg. 175 2.7.b 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. 176 2.7.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: A TTEST: 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. 177 OMNI Board of Commissioners Meeting January 17, 2018 2.8 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 2, 2018 and Members of the CRA Board Executive Director File: 3487 Subject: OMNI CRA Employee Manual Enclosures: 3487 Exhibit BACKGROUND: The attached Resolution of the Board of the Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") updates the CRA's Employee Handbook effective immediately following board approval. The current personnel policy of the Omni CRA was a joint manual between the SEOPW and the OMNI CRA. It is now time for the CRA to adopt and update its own policy manual to be more specific and in line with current employment practices and procedures. The current employee manual must also be updated to conform to more recent employment rules, regulations and policies. An updated guideline for policies and procedures helps an agency maintain a consistent approach to the management and administration of the CRA. Also, the policies and procedures provide the employees with the basic expectations of administrative operations of the CRA. The main change to this manual updates and fully outlines the expectations of employees. Secondly, the changes to this manual will layout the process and procedure for vacation and sick accruals and usage. Thirdly, this update places a cap on the vacation time that can be paid out at any given time. JUSTIFICATION: Section 163.356 (c) of the Florida Statutes allows a community redevelopment agency to "employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires, and determine their qualifications, duties, and compensation"1 As such the employee manual will be used to manage the administrative and management affairs of the employees of CRA. 1 § 163.356, Fla. Stat. Ann. Packet Pg. 178 The Policy Manual will be effective immediately following board approval. 2.8 Packet Pg. 179 2.8 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3487 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), RATIFYING THE CRA'S EMPLOYEE HANDBOOK, IN SUBSTANTIALLY THE ATTACHED FORM. 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 it Redevelopment Plan, as amended; and WHEREAS, Section 163.356(c), Florida Statutes, allows the CRA to "employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires"; and WHEREAS, the current employee handbook was first established on August 19, 2004 as a joint policy manual with the Southeast Overtown/Parkwest Community Redevelopment Agency ("SEOPW CRA"); and WHEREAS, the CRA is no longer affiliated with the SEOPW CRA and has different employees and responsibilities from the SEOPW CRA; and WHEREAS, additionally, a number of employment policies, laws, and regulations have changed since the original employee handbook was implemented; and WHEREAS, the proposed employee handbook, attached and incorporated, will also apply to the Executive Director; and WHEREAS, the proposed employee handbook should be adopted as the policy for the CRA in order to ensure compliance with federal, state, and local employment laws, recognize the practical realities of the CRA, and establish a framework for uniform administration of the terms and conditions of all employees of the CRA, including the Executive Director; and WHEREAS, the Board of Commissioners wishes to ratify and adopt the CRA's Employee Handbook, attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Packet Pg. 180 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. 2.8 Section 2. The Board of Commissioners of the CRA ratifies and adopts the Employee Handbook, attached and incorporated as Exhibit "A". Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 181 2.8.a II EMPLOYEE MANUAL OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY Created: November 2017 Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 1 II Packet Pg. 182 2.8.a II Table of Contents FOREWORD A. INTRODUCTION 1. Composition and Work Environment 2. Equal Employment Opportunity Policy Statement 3. Non -Discrimination and Anti -Harassment Policy a. Definitions of Harassment i. Sexual Harassment ii. Harassment on the Basis of Other Protected Characteristics b. Individuals and Conduct Covered c. Complaint Procedure i. Reporting ii. The Investigation iii. Responsive Action d. Retaliation Is Prohibited B. C. 4. Americans with Disabilities Act Policy Statement a. b. Procedure for Requesting on Accommodation Miscellaneous 5. Conflict of Interest and Outside Employment Statement a. General b. Outside Employment c. Acceptance of Gifts d. Prohibition on Political Activities During Work Hours e. Work Product Ownership f. Reporting Potential Conflicts 6. Public Records Requests a. Generally b. Fees EMPLOYMENT 1. Initial Employment Period 2. Employee Categories a. Full -Time b. Part -Time c. Temporary Employees 3. Transfers and Promotions COMPENSATION 1. Performance Management and Compensation Programs 2. Compensation Schedule 3. Time Records a. Generally b. Breaks c. Violations of Policy 7 7 7 7 8 8 8 9 9 9 10 10 10 10 11 11 11 11 12 12 12 13 13 13 13 14 14 14 15 15 15 15 15 16 16 16 17 17 18 18 Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 2 Packet Pg. 183 2.8.a II 4. Overtime Pay 18 a. Generally 18 b. Compensatory Time 19 c. Violations of Policy 19 5. Personnel Records 19 6. Immigration Law Compliance 19 7. Deductions from Pay of Exempt Employees 20 a. Permissible Deductions 20 i. Absences for Personal Reasons 20 ii. Absences for Illness, Disability or FMLA 20 iii. Jury Fees, Witness Fees, and Military Pay 21 iv. Suspensions 21 v. Absence during Initial or Terminal Weeks 21 b. Complaint Procedure 21 c. Anti -Retaliation 21 D. TIME OFF 22 1. Personal Time Off 22 a. Regular Employees 22 b. Executive Employees 22 c. Requesting Use of Personal time off Time 22 2. Absence Due to Illness 22 3. Holidays 23 4. Bereavement Leave 24 5. Jury Duty 24 6. Military Leave 24 a. Leave without Loss of Pay for Florida National Guard 24 b. Uniformed Services Employment and Reemployment Act (USERRA) 25 i. Continuation of Health Benefits 25 ii. Requests for USERRA Leave 25 iii. Return from Military Leave 25 7. Leave Under The Family And Medical Leave Act (FMLA) 26 a. Employee Eligibility Criteria 26 b. Events Which May Entitle an Employee to FMLA Leave 26 c. Other FMLA Leave — Military Caregiver Leave 27 d. How Much FMLA Leave May be Taken 28 e. Requests for FMLA Leave 29 £ Designation of the Leave 29 g. Required Documentation for FMLA Leave 29 h. Use of Paid and Unpaid Leave 30 i. Maintenance of Health Benefits 31 j. Return from FMLA Leave 31 k. Limitations on Reinstatement 31 1. Failure to Return to Work Following FMLA Leave 31 8. Leave of Absence Without Pay 31 Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 3 Packet Pg. 184 2.8.a II a. Generally 31 b. Continuing Benefit Plan Coverage 32 c. Salary Action 32 d. Personal Time Off and Sick Time 32 e. Performance Appraisal 32 f. Returning/Not Returning from a Leave 32 9. Domestic Violence Leave Policy 33 E. EMPLOYEE BENEFITS 34 1. Disclaimer 34 2. Health and Dental Insurance 35 3. 401 Plan/457 Plan 35 4. Workers' Compensation Benefits 35 5. Tuition Reimbursement 36 F. ON-THE-JOB 36 1. Attendance, Punctuality and Dependability 36 2. Drug and Alcohol Abuse 37 3. Appearance and Conduct 37 4. Anti -Nepotism Policy 38 5. Romantic or Sexual Relationships 38 6. Violence in the Workplace 39 7. Accidents and Emergencies 39 8. Open Door Policy 40 9. Use of Bulletin Boards 40 10. Computer and Telephone Systems Policy 40 a. No Expectation of Privacy 40 b. Professional Use of Computer and Telephone Systems Required 41 c. Limitations on Internet Use 42 d. Social Media/Blogging/Social Networking 42 e. Maintain and Securing the Systems 43 f. Violations of Policy 43 11. Social Media Policy 44 a. Guidelines 44 b. Know and Follow the Rules 44 c. Be Respectful 44 d. Be Honest and Accurate 45 e. Exercise Care in Posting 45 f. Using Social Media at Work 45 g. Retaliation is Prohibited 46 h. Scope of this Policy 46 12. Use of Company Equipment and Computer Systems 46 a. Use of Computer System 46 b. Use of Vehicles 46 c. Telephone Use 47 Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 4 Packet Pg. 185 2.8.a II 13. Internal Investigations and Searches 47 14. Reference Checks 47 15. Smoking Policy 48 16. Tape Recording Policy 48 17. Travel Reimbursement 48 G. DISCIPLINARY POLICY 48 1. Generally 48 2. Types of Discipline 51 a. Verbal Warnings 51 b. Written Warnings 52 c. Suspensions without Pay 52 d. Terminations 52 H. LEAVING THE CRA 52 1. Resignation 52 2. Termination 52 3. Post Resignation/Termination Procedures 53 a. Exit Interview 53 b. Benefits 53 c. Final Paycheck 53 APPENDICES A. Acknowledgement of Receipt for Employee Handbook B. Acknowledgement of Non -Discrimination & Anti -Harassment Policy and Complaint Procedure C. Authorization for Payroll Deductions D. Acknowledge of Computer and Telephone Systems Policy Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 5 II Packet Pg. 186 2.8.a II FOREWORD The Omni Redevelopment District Community Redevelopment Agency ("CRA") is a public agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects throughout the Omni Redevelopment Area in accordance with the CRA's Redevelopment Plan. Whether you have just joined our staff or have been at the CRA for a while, we are confident that you will find the CRA a dynamic and rewarding place in which to work and we look forward to a productive and successful association. We consider the employees of the CRA to be one of its most valuable resources. This manual has been written to serve as the guide for the employer/employee relationship. There are several things that are important to keep in mind about this handbook. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit, or the applicability of a policy or practice to you, you should address your specific questions to your supervisor or the Executive Director. Neither this handbook nor any other CRA document, confers any contractual right, either express or implied, to remain in the CRA's employ. Nor does it guarantee any fixed terms and conditions of your employment. Your employment is not for any specific time and may be terminated at will, with or without cause and without prior notice, by the CRA or by you at any time. No supervisor or other representative of the CRA (except the Executive Director) has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the above. Second, the procedures, practices, policies and benefits described here may be modified or discontinued from time to time, consistent with applicable law. We will try to inform you of any changes as they occur. Moreover, the CRA reserves the right to issue policies and procedures on specific topics separate and apart from this handbook. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 6 II Packet Pg. 187 2.8.a II A. INTRODUCTION 1. COMPOSITION AND WORK ENVIRONMENT The CRA's Board of Commissioners ("Board") serves as the governing body for the CRA, and appoints the Executive Director to manage the CRA's operations. The Executive Director is empowered to: (1) assign and utilize CRA resources in furtherance of the CRA's goals and objectives; (2) hire, promote, assign, transfer, discipline and terminate staff; (3) implement the Board's policies and initiatives into action; and (4) organize and delegate authority and responsibilities in furtherance of the CRA's goals and objectives. The staff of the CRA shall consist of full-time and/or part-time positions, as determined by the Executive Director. Every employee is expected to be familiar with this Handbook, as well as the CRA's Redevelopment Plan, and other studies and/or reports of the CRA, as deemed necessary by the Executive Director. 2. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT This organization is an equal opportunity employer and will not discriminate against any employee or applicant for employment on the basis of race, color, gender/sex, pregnancy, religion, national origin, ancestry, ethnicity, age, marital status, disability, sexual orientation, genetic information or any other characteristic protected by federal, state or local law(s). The CRA will provide reasonable accommodation(s) to a qualified individual with a disability. This policy of Equal Employment Opportunity applies to all policies and procedures relating to recruitment and hiring, compensation, benefits, termination and all other terms and conditions of employment. The Office Administrator has overall responsibility for this policy and maintains reporting and monitoring procedures. Employees' questions or concerns should be referred to the Office Administrator. Appropriate disciplinary action may be taken against any employee willfully violating this policy, up to and including termination. 3. NON-DISCRIMINATION & ANTI -HARASSMENT POLICY; COMPLAINT PROCEDURE The CRA is committed to a work environment in which all individuals are treated fairly with respect. Every employee has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the CRA expects that all relationships among persons in the workplace will be business- like and free of bias, prejudice and harassment. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 7 Packet Pg. 188 2.8.a II a. Definitions of Harassment i. Sexual Harassment. Sexual harassment constitutes a form of discrimination and is illegal under federal, state and local laws. ii. Harassment on the Basis of Other Protected Characteristic. Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, gender/sex, pregnancy, religion, national origin, ancestry, ethnicity, age, marital status, disability, sexual orientation, genetic information or any other characteristic protected by federal, state or local law(s) or that of his or her relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual's work performance; or (iii) otherwise adversely affects an individual's employment opportunities. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail). This policy should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work - related social activities or discussions in order to avoid allegations of harassment. The law and the policies of the CRA prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them. b. Individuals and Conduct Covered These policies apply to all CRA personnel, applicants and prohibit harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly connected to the CRA (e.g., an outside vendor, consultant or customer). Conduct prohibited by these policies is unacceptable in the workplace and in any work -related setting outside the workplace, such as during business trips, business meetings and business - related social events. c. Complaint Procedure i. Reporting Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 8 Packet Pg. 189 2.8.a II The CRA requires the reporting of all incidents of discrimination, harassment or retaliation, regardless of the alleged offender's identity or position. Individuals who believe they have experienced conduct that they believe is contrary to the CRA's policy or who have concerns about such matters must file their complaints with their immediate supervisor, the Office Administrator, or the Executive Director before the conduct becomes severe or pervasive. Individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of one of the other CRA designated representatives identified above. While no fixed reporting period has been established, the CRA requires the prompt reporting of complaints or concerns so that rapid and corrective action can be taken, if necessary. The CRA will make every effort to stop alleged harassment before it becomes severe or pervasive, but can only do so with the cooperation of its staff/employees. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued if it may be done so safely. ii. The Investigation Any reported allegations of harassment, discrimination or retaliation will be investigated promptly, thoroughly and impartially. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. Responsive Action Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and appropriately. Responsive action may include, for example, training, referral to counseling, monitoring of the offender and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reduction of wages, demotion, reassignment, temporary suspension without pay or termination, as the CRA believes appropriate under the circumstances. d. Retaliation Is Prohibited The CRA prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action, up to and including termination. 4. AMERICANS WITH DISABILITIES ACT POLICY STATEMENT Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 9 Packet Pg. 190 2.8.a II The CRA is committed to complying with all applicable provisions of the Americans with Disabilities Act ("ADA"). It is the CRA's policy not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual's disability or perceived disability so long as the employee can perform the essential functions of the job. Consistent with this policy of nondiscrimination, the CRA will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who has made the CRA aware of his or her disability, provided that such accommodation does not constitute an undue hardship on the CRA or poses a direct threat to other employees. Employees with a disability who believe they need a reasonable accommodation to perform the essential functions of their job should contact the Office Administrator or Executive Director. The CRA encourages individuals with disabilities to come forward and request reasonable accommodations. a. Procedure for Requesting an Accommodation On receipt of an accommodation request, the Office Administrator, your supervisor, and/or the Executive Director will meet with you to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the CRA might make to help overcome those limitations. The CRA will determine the feasibility of the requested accommodation by considering various factors, including, but not limited to the nature and cost of the accommodation, the CRA's overall financial resources and organization, and the accommodation's impact on the operation of the CRA, including its impact on the ability of other employees to perform their duties and on the CRA's ability to conduct business. The CRA will inform the employee of its decision on the accommodation request, which said decision shall be final. The ADA does not require the CRA to make the best possible accommodation, to reallocate essential job functions, or to provide personal use items (i.e., eyeglasses, hearing aids, wheelchairs etc.). b. Miscellaneous An employee or job applicant who has questions regarding this policy or believes that he or she has been discriminated against based on a disability should notify the Office Administrator. All such inquiries or complaints will be treated as confidential to the extent feasible and permissible by law. See also the Anti -Harassment and Non -Discrimination Policy above. 5. CONFLICT OF INTEREST AND OUTSIDE EMPLOYMENT STATEMENT a. In General The CRA expects our employees to conduct business according to the highest ethical standards of conduct. Moreover, pursuant to Section 163.367(1), Florida Statutes, all employees are required Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 10 Packet Pg. 191 2.8.a II to adhere to the requirements of Part III of Chapter 112, Florida Statutes, "Code of Ethics for Public Officers and Employees." Employees are expected to devote their best efforts to the interests of the CRA. Business dealings that appear to create a conflict between the interests of the CRA and an employee are unacceptable. The CRA recognizes the right of employees to engage in activities outside of their employment which are of a private nature and unrelated to our business. However, the employee must disclose any possible conflicts so that the CRA may assess and prevent potential conflicts of interest from arising. A potential or actual conflict of interest occurs whenever an employee is in a position to influence a decision that may result in a personal gain for the employee or an immediate family member (i.e., spouse or significant other, children, parents, siblings) as a result of the CRA's business dealings. If an employee has any question whether an action or proposed course of conduct would create a conflict of interest, he or she should immediately contact the Executive Director to obtain advice on the issue. A violation of this policy will result in immediate and appropriate discipline, up to and including termination. b. Outside Employment Employees are required to obtain written approval from their supervisor before participating in outside work activities. Approval will be granted unless the activity conflicts with the CRA's interest. In general, outside work activities are not allowed when they: • prevent the employee from fully performing work for which he or she is employed at the CRA, including overtime assignments; • involve organizations that are doing or seek to do business with the CRA, including actual or potential vendors or customers; • conduct unauthorized work while on leave (whether FMLA or other leave authorized by the CRA); or • violate provisions of law or the CRA's policies or rules. From time to time, employees may be required to work beyond their normally scheduled hours. Employees must perform this work when requested. In cases of conflict with any outside activity, the employee's obligations to the CRA must be given priority. Employees are hired and continue in CRA's employ with the understanding that CRA is their primary employer and that other employment or commercial involvement which is in conflict with the business interests of CRA is strictly prohibited. c. Acceptance of Gifts Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 11 Packet Pg. 192 2.8.a II As an agency of the City of Miami, Section 2-613 expressly prohibits CRA employees from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City. d. Prohibition on Political Activities During Work Hours While everyone is free to participate in the political process and to exercise his or her First Amendment rights in political campaigns, no CRA employee may do so while on CRA time or as part of their CRA employment. That is, employees may not campaign for, visit or aid candidates for elective office for political purposes during regular working hours, overtime, or during leave periods for which the CRA is compensating the employee (i.e., FMLA leave, personal time off, etc.). Additionally, employees may not use any CRA facilities, supplies, or equipment, including CRA computers, telephones or vehicles, for political purposes. Any employee found to be in violation of this policy may be disciplined up to and including termination. e. Work Product Ownership All CRA employees must be aware that the CRA retains legal ownership of the product of their work. No work product created while employed by the CRA can be claimed, construed, or presented as property of the individual, even after employment by the CRA has been terminated or the relevant project completed. This includes written and electronic documents, audio and video recordings, system code, and also any concepts, ideas, or other intellectual property developed for the CRA, regardless of whether the intellectual property is actually used by CRA. Although it is acceptable for an employee to display and/or discuss a portion or the whole of certain work product as an example in certain situations (e.g., on a resume), one must bear in mind that information classified as confidential must remain so even after the end of employment, and that supplying certain other entities with certain types of information may constitute a conflict of interest. In any event, it must always be made clear that work product is the sole and exclusive property of CRA. f. Reporting Potential Conflicts An employee must promptly disclose actual or potential conflicts of interest, in writing, to his or her supervisor. Approval for the relationship will not be given unless the relationship will not interfere with the employee's duties or will not harm the CRA. 6. PUBLIC RECORDS REQUESTS Chapter 119, Florida Statutes, governs the disclosure of public records, which are defined as "all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." a. Generally Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 12 Packet Pg. 193 2.8.a II Public records may be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision. Employees who have received a public records request must immediately notify the Executive Director and the CRA's counsel, who, in turn, acknowledge receipt of the public records requests in a timely manner to the requesting party. A requesting party is not required to present a written request for public records, nor is a requesting party required to disclose their identity. In the event of a verbal request, employees are required to ensure that they have accurately recorded the request made, and forward same to the Executive Director and the CRA's counsel. In the event a requesting party wishes to remain anonymous, an employee should ask the requesting party how they wish to be contacted concerning their request. This information should also be accurately recorded. b. Fees Section 119.07(4)(a)(1), Florida Statutes, provides for fees to be assessed to a requesting party for the inspection and/or production of public records. Specifically, the CRA may charge: (1) 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8 %2 inches; (2) an additional 5 cents for each two-sided copy; and (3) for other copies, the actual cost of duplication. Additionally, Section 119.07(4)(d), Florida Statutes, provides: [i]f the nature or volume of public records requested to be inspected or copied ... is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service, ... or both. Employees should also be aware that not every record is considered a public record under Chapter 119, Florida Statutes. There are many statutory provisions that exempt certain records from disclosure to the public. Employees are not expected to know of every exemption; however, employees are required to notify the Executive Director and counsel so that they may evaluate whether an exemption is applicable. B. EMPLOYMENT 1. INITIAL EMPLOYMENT PERIOD Every new employee goes through an initial period of adjustment to learn about the CRA and about his or her job. During this time the employee will have an opportunity to find out if he or she is suited to, and likes, his or her new position. Additionally, the initial employment period gives the employee's supervisor a reasonable period of time to evaluate his or her performance The initial employment period is 3 months at the end of which each employee may be subject to an evaluation. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 13 II Packet Pg. 194 2.8.a II During this time, the new employee will be provided with training and guidance from his or her supervisor. He or she may be discharged at any time during this period if his or her supervisor concludes that he or she is not progressing or performing in a manner acceptable to the CRA. Under appropriate circumstances, the initial employment may be extended. Additionally, as is true at all times during an employee's employment with the CRA, employment is not for any specific time and may be terminated at will, with or without cause and without prior notice. At the end of the initial employment period, the employee's supervisor will issue an evaluation. Provided his or her job performance is acceptable to the CRA at the end of the initial employment period, he or she will continue in our employment as an at -will employee. 2. EMPLOYEE CATEGORIES Based on the conditions of employment, employees of the CRA fall into the following categories: Regular Full -Time Employees Regular Part -Time Employees Temporary Employees Please note Independent contractors and consultants are not considered employees. a. Full -Time An employee who is employed for an indefinite duration who works 40 hours or more per week, including any applicable lunch breaks, is considered a full-time employee. Full-time employees are entitled to receive certain employment benefits as provided for in this handbook. Exempt Employees are classified as such if their job duties are exempt from the overtime provisions of the Fair Labor Standards Act. Exempt employees are not eligible for overtime pay. Non -Exempt Employees are classified as such if their job duties do not qualify under any exemption provided for by the Fair Labor Standards Act. Non-exempt employees receive overtime pay in accordance with the CRA's overtime policy. Their compensation is calculated on an hourly basis. Employees classified as non-exempt are required to sign -in and accurately record their work hours on a daily basis. Failure of an employee to accurately records work hours or falsification of time records shall be grounds for disciplinary action, up to and including termination. b. Part -Time An employee who is employed for an indefinite duration who works less than 40 hours per week (excluding a %2 hour lunch break) is considered a part-time employee. Part—time employees are not entitled to CRA benefits. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 14 Packet Pg. 195 2.8.a II c. Temporary Employees A temporary employee is hired for a specified project or time frame. A temporary employee in a non-exempt position is paid by the hour, while a temporary employee in an exempt position is paid on a salary basis. Temporary employees do not receive any benefits provided by the CRA. 3. TRANSFERS AND PROMOTIONS The CRA encourages employees to assume higher -level positions or lateral transfers for which they qualify. Employees who wish to apply for a transfer or promotion should discuss it first with their supervisor/manager, Office Administrator, and Executive Director so that it may be determined if their skills fit the requirements of the desired job. Employees should also feel free to discuss their career aspirations with their supervisor/manager or the Executive Director at any time. Generally, employees must be in their job for at least 1 year before applying for a change in position. In addition, employees must have a good performance, attendance and punctuality record. Each employee requesting a transfer or promotion will be considered for the new position along with all other applicants. Each transfer or promotion is judged on an individual basis, depending on the needs of the CRA. All final decisions regarding transfers and promotions will be made by the Executive Director. C. COMPENSATION 1. PERFORMANCE MANAGEMENT, EVALUATION AND COMPENSATION PROGRAMS To attract and retain a highly qualified and competent work force, the CRA compensates its employees in a fair and equitable manner based upon demonstrated job performance, and in accordance with its Equal Employment Opportunity policy. Employees should receive constructive work reviews designed to address performance and skill developmental needs and interests. Upon an employee's anniversary date, an employee becomes eligible for consideration of a salary review. For purposes of determining length of service, the date on which you first report to work, is considered your anniversary date. Notwithstanding, salary increases and other employee benefits are subject to the Executive Director's discretion, and/or the availability of funds. 2. COMPENSATION SCHEDULE Salary payment is made bi-weekly for the base salary due to an employee for the prior two -week period. The work week starts on Sunday at 12:00 a.m. and ends on Saturday at 11:59 p.m. Overtime payment, which is included with the non-exempt employee's base salary payment, is also paid bi-weekly with such payment covering hours worked in the prior two -week period. See also Time Records and Overtime policy below. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 15 Packet Pg. 196 2.8.a II A statement of earnings is given each pay period to employees indicating: • gross pay • statutory deductions • voluntary deductions The amount of Federal withholding is affected by the number of exemptions claimed on Form W- 4, Employee's Withholding Allowance Certificate. Salary advances will not be made to any employee. If the normal payday falls on a CRA-recognized holiday, paychecks will be distributed one workday prior to the aforementioned schedule. Under no circumstances will the CRA release any paychecks prior to the announced schedule. Employees may be paid by check or through direct deposit of funds to either a savings or checking account at their bank of choice (providing the bank has direct deposit capability). To activate direct deposit, a Direct Deposit Authorization Form may be obtained from the Office Administrator/ Designated personnel and the employee should complete the form and return same, together with a voided personal check. Due to banking requirements, it may take several weeks for activation of the direct deposit. 3. TIME RECORDS a. Generally The attendance of all employees is recorded daily and is submitted to payroll weekly. Our attendance records are CRA records, and care must be exercised in recording the hours worked, overtime hours, and absences. Each day, all non-exempt employees must record the time the employee starts and stops work on the sign -in forms in the CRA's front office. Each employee is responsible for his or her own recordkeeping. Employees may not sign in or out for other employees. Once an employee signs in, work is to commence immediately. Failure to do so is considered falsification of timekeeping records. The CRA uses these time records to calculate non-exempt employee's compensation, so it is important to keep an accurate record of all hours worked. At the end of the work week, non- exempt employees are required to review their time records for that week and acknowledge in writing that the hours recorded are an accurate reflection of all hours worked. Additionally, time records with overtime must be countersigned by a supervisor and must be submitted to the Office Administrator for the prior pay period by 10:00 a.m. on the Monday before payday for an employee's pay to be processed in time for payday. Non-exempt employees arriving to work earlier than their scheduled start time are not to clock in until they are ready to begin their work day and are to perform no work until the employee has clocked in. Likewise, non-exempt employees concluding their work day earlier than their scheduled completion time must clock out when work has ceased for the day, even if this occurs prior to the scheduled time for work to end for the employee, and the employee is to Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 16 Packet Pg. 197 2.8.a II perform no work after the employee has clocked out. Non-exempt employees are required to clock out at the completion of their work day, even though they may continue to remain in the office beyond their scheduled completion time for personal reasons. The CRA is committed to compensating its employees for all hours worked, and therefore, it is imperative that the employee help to ensure that the CRA's time records are accurate. All employees must contact their supervisor to advise of late arrival time or to request to leave earlier than their scheduled completion time. If an employee forgets to clock or sign in or out, he or she must notify their supervisor of the correct time that the employee should have clocked in or out, so the time may be accurately recorded for payroll. Any inaccuracies in the time records must be immediately reported to the Office Administrator. It is the employee's responsibility to check his or her time records for accurateness. The CRA will immediately correct any errors brought to its attention. Exempt employees are not required to sign in or out; however, personal time off and sick days must be recorded by the CRA. b. Breaks Employees are expected to take their regular lunch break whenever possible. Lunch breaks are usually for 30 minutes to 1 hour, subject to the needs of the CRA. Employees must not all take lunch breaks simultaneously. Your supervisor will inform you of your time slot for taking a lunch break. Lunch breaks must be accurately recorded on the CRA's time records. If business necessity dictates, as determined solely by a supervisor, that an employee must be called back from a lunch break resulting in the employee receiving less than the allotted lunch break, the employee will be compensated accordingly. Nursing mothers needing time to express breast milk should make arrangements with the Office Administrator for appropriate breaks for that purpose. Additionally, one paid 15-minute break shall be permitted once in the morning and once in the afternoon, for which the employee is not required to clock out. Employees must not all take breaks simultaneously. Only one employee may take a break at a time. The employee is expected to work at all other times during the employee's scheduled work day, other than during a lunch break and the morning and afternoon 15-minute breaks. c. Violations of Policy Violations of this policy will result in appropriate disciplinary action, up to and including suspension without pay and immediate discharge. 4. OVERTIME PAY a. Generally Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 17 Packet Pg. 198 2.8.a II The standard work week for non-exempt full-time employees typically shall not exceed 40 hours (not including any lunch breaks). Depending on the CRA's work needs, employees will be required to work overtime when requested to do so. All overtime must be approved by the Executive Director each day, in advance of working overtime. All overtime hours must be recorded in the same manner regular work hours are recorded. Under no circumstances is an employee permitted to work overtime off the clock. Non-exempt employees are eligible for additional pay at a rate of one and one-half (1'/2) times the employee's hourly rate for hours worked in excess of 40 hours in a work week. Additionally, time records reflecting overtime must be countersigned by the supervisor and the Executive Director, and must be submitted to the Office Administrator by 10:00 a.m. the Monday preceding payday for an employee's pay to be processed for payday. "Hours worked" is defined as actual hours worked, and is not inclusive of any lunch breaks, paid personal time off, personal days, jury duty, paid holidays, sick leave or bereavement leave. Employees are responsible for checking their own time records to ensure their accuracy. Any discrepancies should be immediately reported to the Office Administrator. The CRA will immediately correct any errors. b. Compensatory Time Non-exempt employees may receive compensatory time at a rate not less than one and one-half hours for each hour of overtime, in lieu of overtime compensation provided that an agreement or understanding is arrived at between the CRA and the employee before the performance of the overtime assignment.' Therefore, all work anticipated to be completed during overtime hours must be pre -approved by the supervisor and the Executive Director, who, in turn, will discuss the issuance of compensatory time with the employee. c. Violations of Policy An employee's failure to adhere to this policy will result in appropriate disciplinary action, up to and including suspension without pay and immediate discharge. 5. PERSONNEL RECORDS To keep necessary CRA records up to date, it is extremely important that you notify the Office Administrator of any changes in: • Name and/or marital status • Address and/or telephone number • No. of eligible dependents • W-4 deductions • Person to contact in case of emergency 29 U.S.C. §§ 207(o)(1) & (2)(A)(ii). Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 18 Packet Pg. 199 2.8.a II All departing employees are required to provide the CRA with an updated address to ensure that all necessary tax, insurance and other forms are sent to the correct address. 6. IMMIGRATION LAW COMPLIANCE The CRA is committed to employing only those employees who are authorized to work in the United States. In compliance with the Immigration Reform and Control Act of 1986, each new employee must complete an Employment Eligibility Certification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired also may be required to complete the form. Employees with questions should contact either their immediate supervisors or the Office Administrator. Employees also may raise questions or complaints about immigration law compliance without fear of reprisal. 7. DEDUCTIONS FROM PAY OF EXEMPT EMPLOYEES Executive, administrative, and professional employees of the CRA are classified as exempt and are not legally entitled to overtime pay for hours worked in excess of 40 hours in a work week. As a general rule, exempt employees are paid a pre -determined salary for any work week in which they perform work, regardless of the quality of their performance, or the number of hours worked during that work week. However, an employee need not be paid for any work week in which s/he performs no work. This policy sets forth the circumstances when deductions can be made from an exempt employee's salary (in addition to tax withholdings, social security, Medicare, insurance contributions and other deductions authorized by the employee). Employees are advised to check their pay stubs and are required to report any mistakes to the Office Administrator. Inadvertent mistakes will be corrected promptly. a. Permissible Deductions Federal wage -hour regulations permit the following deductions from an exempt employee's salary: i. Absences for Personal Reasons. The CRA may deduct from an exempt employee's weekly salary for any full -day that the employee is absent from work for personal reasons, other than sickness or disability. If an exempt employee is absent for personal reasons, and uses an available paid personal or personal time off day, the employee will be paid for that day by utilizing any personal or personal time off leave available. If, however, an exempt employee takes a personal day prior to eligibility for or after having exhausted his or her entitlement to personal and personal time off days, the CRA may deduct from the exempt employee's salary a full day of pay for each full -day absence. ii. Absences for Illness, Disability or FMLA. The CRA may deduct from an exempt employee's weekly salary for any full day that the employee is absent from work for sickness or disability if the deduction is made in accordance with the CRA's sick leave policy, and workers' compensation law. The CRA is not required to pay an Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 19 Packet Pg. 200 2.8.a II employee's salary for full -day absences for which the employee receives compensation under the above policies or practices. Further, deductions for such full day absences may be made for absences due to sickness or disability occurring before the employee has qualified for benefits under the applicable plan or policy and after he or she has exhausted the leave allowance under the plan or policy. The CRA may deduct from an exempt employee's weekly salary for time that the employee takes as unpaid leave under the Family and Medical Leave Act (whether it is a full-time leave, or intermittent leave or reduced -schedule leave). For example, if an employee who usually works 40 hours per week takes 4 hours in intermittent -leave time, the CRA may reduce his or her weekly salary for that week by 10%. Employees should review the CRA's Family and Medical Leave Act Policy for further information about such leaves of absence. iii. Jury Fees, Witness Fees, and Military Pay. The CRA may offset an exempt employee's salary by the amount of money received by that employee as jury fees, witness fees, or military pay for any particular work week. Any employee receiving such fees or military pay must report this fact to the Office Administrator. iv. Suspensions. The CRA may suspend an exempt employee from work without pay for one or more full days for serious workplace misconduct in violation of the CRA's workplace conduct rules, including, but not limited to, violations of this handbook. v. Absence during Initial or Terminal Weeks. The CRA is not required to but may pay the full salary of an exempt employee in his or her initial or terminal weeks of employment if that employee does not work for the entirety of those weeks. The CRA will prorate the employee's salary, in these weeks, in proportion to the days (or time) worked. b. Complaint Procedure If you believe that a deduction has been taken in error, please report that concern to your supervisor and/or the Office Administrator. Any employee who receives such a complaint, or is otherwise aware of improper or mistaken salary deductions, must immediately notify the Executive Director. The CRA will promptly investigate any such matter brought to its attention to determine whether there has been a violation of this policy. It is the obligation of all employees to cooperate in such an investigation. Any improper or mistaken salary deduction will be remedied promptly. In the event that an investigation establishes that a violation of this Policy has occurred, the Company will reimburse the employee for any improper deductions and will take all appropriate corrective action to ensure that such deductions or conduct does not occur again. c. Anti -Retaliation Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 20 II Packet Pg. 201 2.8.a II The CRA prohibits retaliation, in any form, against any employee who makes a complaint under this policy or participates in the CRA's investigation of such a complaint. D. TIME OFF 1. PERSONAL/ VACATION TIME OFF a. Regular Employees Time awa from work is im ortant to everyone. All full- time regular employees shall accrue ersonal time off hours shall be available for use at the beginning of each calendar year, provided the employee is eligible to use personal time off, and any request for personal time off has been approved by the Executive Director. New full time regular employees are not eligible to use pe Employees should utilize all of their allotted personal time off time during the calendar year because, except upon approval, employees will not be permitted to carry personal time off time not used into the following year. In other words, personal time off time not used is not preserved and will be forfeited. Where special business necessity requires an exception, prior approval must be given by the Executive Director. Vacation hours may be cashed out, however the hours may only be cashed out after accrual and is subject to approval by the Executive Director and the availability of funds. b. Executive Employees Given the nature and demands of executive level positions, executive employees shall be allotted 240 hours of personal time off time on an annual basis for each calendar year of employment. Such personal time off time is credited to the executive employee upon hire and in January of each calendar year after, and is available for immediate use. There is no cap on accrual for Executive level staff vacation. Requests for vacation for the executive level staff must also be approved by the Executive Director. canon nours may oe casnea OUT, nowever ine nours may omy de ubbect to allroval by the Executive Director and the availabili� c. Requesting Use of Personal time off Time All employees must submit a written request to use personal time off time to their immediate supervisor for review. All requests must ultimately be approved by the Executive Director. All employees should make their personal time off requests as far in advance as possible. The CRA will attempt to grant an employee the personal time off dates he or she requests; however, but said request is subject to the CRA's business needs and subject to the approval of the Director. When a CRA holiday falls during a scheduled personal time off, it is not counted as a personal time off day. OMNI CRA Employee Manual) Attachment: 3487 Exhibit (3487 21 Packet Pg. 202 2.8.a II Any employee that becomes ill during a scheduled personal time off cannot change a personal time off day to a sick day; scheduled personal time off days count as personal time off even if an employee would ordinarily take a sick day. 2. ABSENCE DUE TO ILLNESS The CRA recognizes that an employee may occasionally be injured or ill. As a result, this policy is designed to provide protection to employees against loss of income during unavoidable illness or injury. Regular employees who are unable to perform their jobs due to illness or injury are eligible for sick days at the rate of per month for all employees. Sick leave hours may be carried over from year to year. Regular employees may not cash out sick leave hours. Executive level staff is credited 240 hours of sick at the beginning of employment a ticthem immediately. Sick leave hours may b carried m1 year to ye oyees may not cash out sick leave hours excen ap, verfrBoard of To be eligible for use of sick leave, employees unable to report to work due to illness or injury must telephone or email their supervisor directly, each day of their absence, as far in advance as possible, but no later than 30 minutes before their scheduled arrival time. If their supervisor is not available, the Office Administrator should be contacted. If an employee is unable to make the call personally, a family member or a friend should contact the supervisor or the Office Administrator. The employee bears the reoccurring obligation to make contact as provided above each day of absence. An employee who fails to contact his or her immediate supervisor or the Office Administrator may be considered as having voluntarily resigned. If the CRA has questions about the nature or length of an employee's disability, a written certification from a physician or licensed health care professional may be required. 3. HOLIDAYS All full-time employees (including those in initial employment period) are eligible for 11 paid holidays per year as follows: New Year's Day Dr. Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving and the following Friday Christmas At the end of each year the holiday schedule for the coming year will be posted on the Bulletin Board. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 22 Packet Pg. 203 2.8.a II Hourly employees will be compensated holiday pay based on the regular rate (straight time) multiplied by the number of hours that employee is normally scheduled to work on the day that falls on a holiday (i.e., an employee who is normally scheduled for 8 hours on the day that falls on a holiday will be compensated 8 hours at the employee's regular rate as holiday pay). Employees that are not normally scheduled to work on a day that falls on a holiday will not be compensated holiday pay for that day. Paid time off as holiday pay does not count toward calculating overtime hours. Where a holiday falls on a weekend, the CRA may choose to observe said holiday on either the preceding Friday or following Monday. 4. BEREAVEMENT LEAVE In the unfortunate event of a death in the immediate family, a leave of absence of up to 5 days with pay will be granted. These 5 days are to be taken consecutively within a reasonable time of the day of the death or day of the funeral, and may not be split or postponed. For this purpose, immediate family is defined as a spouse, child, step -child, parents (including in- laws), step-parents, siblings, step -siblings, grandparents and grandchildren. Employees should make their supervisor and the Office Administrator aware of their situation. Upon returning to work, the employee must record his or her absence as a Bereavement Leave on his or her attendance record. Proof of death and relationship to the deceased may be required. Failure to provide any requested documentation will result in the leave being unpaid. 5. JURY DUTY A leave of absence for jury duty will be granted to any full-time or part-time employee who has been notified to serve. During this leave, employees will be compensated by payment of an amount equal to the difference between their jury duty pay and their regular salary for a maximum of 5 days, unless otherwise required by law. An employee on jury duty is expected to report to work any day he or she is excused from jury duty. Upon receipt of the notice to serve jury duty, the employee should immediately notify his or her supervisor, as well as the Office Administrator. Additionally, a copy of the notice to serve jury duty should be attached to the employee's attendance record for attendance purposes. Upon the employee's return, the employee must notify Office Administrator and must submit a signed Certificate of Jury Service indicating the number of days served. If the jury duty falls at a time when the employee cannot be away from work, the CRA may request that the court allow the employee to choose a more convenient time to serve if he or she makes a request in accordance with the court's procedures. The employee must cooperate with this request. 6. MILITARY LEAVE Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 23 Packet Pg. 204 2.8.a II a. Leave without Loss of Pay for Florida National Guard. Section 250.48, Florida Statutes, provides that an employee who is a member of the Florida National Guard is entitled to 30 days of leave without loss of pay, time or seniority for engaging in active state duty for a named event, declared disaster or operation pursuant to Sections 250.28 or 252.36, Florida Statutes. However, a leave of absence without loss of pay granted under Section 250.48, Florida Statutes, may not exceed 30 days for each emergency or disaster, as established by executive order of the Governor. b. Uniformed Services Employment and Reemployment Act ("USERRA"). An employee who is a member of the United States Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves or Public Health Service will be granted an unpaid leave of absence for military service, training or related obligations in accordance with applicable law ("USERRA leave"). Employees on USERRA leave may substitute their paid personal time off time for said unpaid leave. At the conclusion of the leave, upon the satisfaction of certain conditions, an employee generally has a right to return to the same position he or she held prior to the leave or to a position with like seniority, status and pay that the employee is qualified to perform. i. Continuation of Health Benefits During USERRA leave of less than 31 days, an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. For USERRA leave of more than 30 days, an employee may elect to continue his or her health coverage for up to 18 months of uniformed service, but may be required to pay all or part of the premium for the continuation coverage, but no more than 102% of the full premium for the coverage elected. Said premium is to be calculated in the same manner as that required by COBRA. ii. Requests for USERRA Leave Leave for Active or Reserve Duty Upon receipt of orders for active or reserve duty, an employee should notify his or her employer, as soon as possible (unless he or she is unable to do so because of military necessity or it is otherwise impossible or unreasonable). Leave for Training and Other Related Obligations (e.g., fitness for service examinations) Employees will also be granted time off for military training (normally 14 days plus travel time) and other related obligations, such as for an examination to determine fitness to perform service. Employees should advise their supervisor and/or Office Administrator of their training schedule and/or other related obligations as far in advance as possible. Employees are required to retain their military pay vouchers. Upon return from training, the employee must submit his or her military pay voucher to the Office Administrator. The CRA will pay an employee's full salary, less base military pay, for the training period. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 24 Packet Pg. 205 2.8.a II iii. Return from Military Leave Notice Required An employee who served for less than 31 days or who reported for a fitness to serve examination, must provide notice of intent to return to work at the beginning of the first full regular scheduled work period that starts at least eight hours after the employee has returned from the location of service. An employee who served for more than 30 days, but less than 181 days, must submit an application for reemployment no later than 14 days after completing his or her period of service, or, if this deadline is impossible or unreasonable through no fault of the employee, then on the next calendar day when submission becomes possible. An employee who served for more than 180 days must submit an application for reemployment no later than 90 days after the completion of the uniformed service. An employee who has been hospitalized or is recovering from an injury or illness incurred or aggravated while serving must report to the Human Resources Department (if the service was less than 31 days or if employee reported for a fitness to serve examination), or submit an application for reemployment (if the service was greater than 30 days), at the end of the necessary recovery period (but which may not exceed two years, unless for a fitness to serve examination). Required Documentation An employee whose military service was for more than 30 days must provide documentation upon his or her return (upon the request of the employer) (unless such documentation does not yet exist or is not readily available) showing the following: (i) the application for re-employment is timely (i.e. submitted within the required time period); (ii) the period of service has not exceeded five years; and (iii) the employee received an honorable or general discharge. 7. LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT ("FMLA") FMLA provides eligible employees with unpaid leave for certain family and medical reasons during a 12 month period. During this leave, an eligible employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or to an equivalent position. a. Employee Eligibility Criteria To be eligible for FMLA leave, an employee must have been employed by the CRA: (1) for at least 12 months (which need not be consecutive); and (2) for at least 1,250 hours during the 12 month period immediately preceding the commencement of the leave. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 25 II Packet Pg. 206 2.8.a II b. Events Which May Entitle an Employee to FMLA Leave An unpaid leave of up to 12 workweeks may be taken for any one, or for a combination of, the following reasons: • the birth of the employee's child or to care for the newborn child; • the placement of a child with the employee for adoption or foster care or to care for the newly placed child; • to care for the employee's spouse, child or parent (but not in-law) with a serious health condition; • the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job; and/or • for any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on (or has been notified of an impending call to) "covered active duty" in the Armed Forces. "Covered active duty" for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country. "Covered active duty" for members of the reserve components of the Armed Forces (members of the U.S. National Guard and Reserves) means duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in Section 101(a)(13)(B) of Title 10, United States Code. A "serious health condition" is an injury, illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. c. Other FMLA Leave — Military Caregiver Leave Military caregiver leave entitles an eligible employee who is the spouse, son, daughter, parent, or next of kin of a "covered servicemember" to take up to 26 workweeks of FMLA leave in a single 12-month period to care for a "covered servicemember" with a "serious injury or illness." A "covered service member" is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A "covered servicemember" also includes a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness if the veteran was a member of the Armed Forces at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. A "serious injury or illness" means, an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating and/or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. For a veteran, a "serious injury or illness" is defined as a Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 26 Packet Pg. 207 2.8.a II qualifying injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. d. How Much FMLA Leave May Be Taken i. The 12-Month Period An eligible employee is entitled to up to 12 workweeks of unpaid leave during a 12 month period for any FMLA qualifying reason(s), except that leave may be taken for up to 26 workweeks during a 12 month period for military caregiver leave. The 12 month period is a rolling 12 month period measured backward from the date an employee uses any FMLA leave. The leave will be counted against the employee's annual FMLA entitlement. ii. Limitations on FMLA Leave Leave to care for a newborn or for a newly placed child must conclude within 12 months after the birth or placement of the child. Where spouses are both employed by the CRA, they are together entitled to a combined total of 26 workweeks of leave for military caregiver leave. For example, if an employee took 16 weeks of military caregiver leave, the employee's spouse who is also employed with the CRA would be limited to using 10 weeks for military caregiver leave. When leave is unrelated to service member family leave and both spouses are employed by the CRA, they are together entitled to a combined total of 12 workweeks of FMLA leave within the designated 12 month period for the birth, adoption or foster care placement of a child with the Employees, for aftercare of the newborn or newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to additional FMLA leave for other FMLA qualifying reasons (i.e., the difference between the leave taken individually for any of the above reasons and 12 workweeks, but not more than a total of 12 workweeks per person). For example, if each spouse took 6 weeks of leave to care for a newborn child, each could later use an additional 6 weeks due to his or her own serious health condition or to care for a child with a serious health condition. Intermittent or Reduced Work Schedule Leave Intermittent leave is leave taken in separate blocks of time of no less than one hour increments. A reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per workweek or hours per workday. Leave to care for a newborn or for a newly placed child must be taken all at once and may not be taken intermittently or on a reduced work schedule. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 27 Packet Pg. 208 2.8.a II Leave because of an employee's own serious health condition, to care for an employee's spouse, child or parent with a serious health condition or to care for a service member under the service member family leave provision, may be taken all at once or, where medically necessary, intermittently or on a reduced work schedule. Additionally, leave because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is on (or has been notified of an impending call to) "covered active duty" in the Armed Forces may be taken all at once, intermittently or on a reduced work schedule. If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the CRA's operations. When an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the CRA may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave. e. Requests for FMLA Leave An employee should request FMLA leave by completing the Employer's Request for Leave form and submitting it to the Office Administrator. If the Employee fails to explain the reasons for the leave, FMLA leave may be denied. When leave is foreseeable for childbirth, placement of a child or planned medical treatment for the employee's or employee's family member's serious health condition, the employee must provide the CRA with at least 30 days advance notice, or such shorter notice as is practicable (i.e., within 1 or 2 business days of learning of the need for the leave). When the timing of the leave is not foreseeable, the employee must provide the CRA with notice of the need for leave as soon as practicable (i.e., within 1 or 2 business days of learning of the need for the leave). When leave is foreseeable to care for a service member under the military caregiver leave provision, the employee shall provide notice to the Company as is reasonable and practicable. f. Designation of the Leave The CRA will notify the employee that leave has been designated as FMLA leave. The CRA may provisionally designate the employee's leave as FMLA leave if it has not received medical certification or has not otherwise been able to confirm that the employee's leave qualifies as FMLA leave. If the employee has not notified the CRA of the reason for the leave, and the employee desires that leave be counted as FMLA leave, the employee must notify the Office Administrator within 2 business days of the employee's return to work that the leave was for an FMLA reason. g• Required Documentation for FMLA Leave When leave is taken to care for a family member as defined in this policy, the CRA may require the employee to provide documentation or statement of family relationship (e.g., birth certificate or court document). Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 28 Packet Pg. 209 2.8.a II An employee may be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee's or a family member's serious health condition. Medical certification forms are available from the Office Administrator. Such certification shall be provided to the CRA 30 days in advance of the leave when foreseeable, or as far in advance of the leave as practicable. When the leave is not foreseeable, the employee must provide the requested certification to the employer within 15 days, unless it is not practicable under the particular circumstances to do so, despite the employee's diligent and good faith efforts. If the CRA has reason to doubt the employee's initial certification, the CRA may require the employee, at the employer's expense, to obtain a second opinion by a health care provider designated or approved by the employer. If the initial and second certifications differ, the CRA may, at its expense, require the employee to obtain a third final and binding certification from a health care provider designated or approved by the employer and the employee. During FMLA leave, the CRA may require that the employee provide recertification of a serious health condition at reasonable intervals. In addition, during FMLA leave, the employee must provide the CRA with periodic reports regarding the employee's status and intent to return to work. If the employee's anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the CRA with reasonable notice (i.e., within 2 business days) of the employee's changed circumstances and new return to work date. If the employee gives the CRA notice of the employee's intent not to return to work, the employee will be considered to have voluntarily resigned. Before the employee returns to work from FMLA leave for the employee's own serious health condition, the employee may be required to submit a fitness for duty certification from the employee's health care provider, with respect to the condition for which the leave was taken, stating that the employee is able to resume work. FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner Also, a failure to provide requested documentation of the reason for an absence from work may lead to discipline up to and including suspension without pay and termination of employment. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 29 Packet Pg. 210 2.8.a II h. Use of Paid and Unpaid Leave If an employee has paid leave for which he or she is eligible (e.g., personal time off, sick leave, personal leave), said leave shall run concurrently with FMLA leave taken. Any paid leave used for an FMLA qualifying reason will be charged against an Employee's entitlement to FMLA leave. This includes leave for disability or workers' compensation injury/illness, provided that the leave meets FMLA requirements. The substitution of paid leave for unpaid leave does not extend the 12 workweek (or 26 workweeks, where applicable) leave period. For example, if an employee has 2 weeks of personal time off time, and 1 week of sick leave, the employee's first three weeks of 12-week FMLA leave shall be paid from said personal time off and sick leave, and the remaining 9 weeks FMLA leave shall be unpaid. i. Maintenance of Health Benefits During FMLA leave an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. To the extent that an employee's FMLA leave is paid, the employee's portion of health insurance premiums may be deducted from the employee's salary. For the portion of FMLA leave that is unpaid, the employee's portion of health insurance premiums may be paid as agreed to by the CRA and the employee. If the employee's payment of health insurance premiums is more than 30 days late, the CRA may discontinue health insurance coverage upon notice to the employee. j. Return from FMLA Leave Upon return from FMLA leave, the CRA will place the employee in the same position the employee held before the leave or an equivalent position with equivalent pay, benefits and other employment terms. k. Limitations on Reinstatement An employee is entitled to reinstatement only if he or she would have continued to be employed had FMLA leave not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee would not be employed at the time job restoration is sought. The CRA reserves the right to deny reinstatement to salaried, eligible employees who are among the highest paid 10% of the CRA's employees (Key Employees) if such denial is necessary to prevent substantial and grievous economic injury to the CRA's operations. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 30 Packet Pg. 211 2.8.a II 1. Failure to Return to Work Following FMLA Leave If the employee does not return to work following the conclusion of FMLA leave, the employee will be considered to have voluntarily resigned. The CRA may recover health insurance premiums that it paid on behalf of the employee during any unpaid FMLA leave except that the CRA's share of such premiums may not be recovered if the employee fails to return to work because of the employee's, a family member's or a covered service member's serious health condition or because of other circumstances beyond the employee's control. In such cases, the CRA may require the employee to provide medical certification of the employee's or the family member's serious health condition. 8. LEAVE OF ABSENCE WITHOUT PAY a. Generally Should a situation arise that temporarily prevents an employee from working, he or she may be eligible for a personal Leave of Absence without pay. However, employees must be employed for at least 3 months prior to the requested leave. Any request for a leave of absence without pay must be submitted in writing as far in advance as possible and it will be reviewed on a case -by -case basis by the Executive Director. The decision to approve or disapprove is based on the circumstances, the length of time requested, the employee's job performance and attendance and punctuality record, the reasons for the leave, the effect the employee's absence will have on the work in the department and the expectation that the employee will return to work when the leave expires. Leaves of absence will be considered only after all personal time off, sick and compensatory time have been exhausted. b. Continuing Benefit Plan Coverage While on a personal unpaid leave of absence employee's medical coverage will end on the 1st day of the month following the start of such leave. Employees will have the opportunity of continuing their benefits for a maximum period of 18 months by paying the monthly premiums as required by COBRA legislation. Unemployment Insurance benefits cannot be collected while on a leave of absence without pay. c. Salary Action Any planned salary increase for an employee returning from an unpaid leave of absence without pay will be deferred by the length of the leave. d. Personal Time Off and Sick Time Unused personal time off and sick leave must be used before an unpaid leave of absence without pay will be granted. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 31 Packet Pg. 212 2.8.a II e. Performance Appraisal The normal performance appraisal date of an employee on an unpaid leave of absence without pay will be extended by the length of the leave. f. Returning/Not Returning From a Leave Due to the nature of our business, CRA cannot guarantee either that an employee's job will remain available or that a comparable position will exist when return from an unpaid leave is sought. When an employee is ready to return from a leave of absence without pay, CRA will attempt to reinstate the employee to his or her former position or to one with similar responsibilities. However, if the position or a similar position is not available, the employee will be terminated. An employee who returns to work following an unpaid leave will be considered as having continuous service. If an employee does not return from an unpaid leave of absence without pay, the termination date is the last day of the authorized leave period or the date the employee notifies his or her supervisor/manager he or she is not returning, whichever is sooner. 9. DOMESTIC VIOLENCE LEAVE POLICY Eligible employees are provided up to 3 days unpaid leave in any 12-month period if the employee or a family or household member of the employee is the victim of domestic violence. The leave must be used for one of the following: • To seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence or sexual violence. • To obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence. • To obtain services from a victim -services organization, including but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence. • To make the employee's home secure from the perpetrator of the domestic violence or to seek new housing to escape the perpetrator. • To seek legal assistance in addressing issues arising from the act or domestic violence or to attend and prepare for court related proceedings arising from the act of domestic violence. An employee seeking leave under this policy must: • Have been employed by CRA for 3 months or longer; Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 32 Packet Pg. 213 2.8.a II • Except in cases of imminent danger to the health or safety of the employee, or to the health or safety of a family or household member, must provide to CRA with at least 14 days advance notice or such shorter notice as is practicable (i.e. within 1 or 2 business days of learning of the need for the leave); • In cases of imminent danger to the health or safety of the employee, or the healthy or safety of a family or household member, must provide notice of the need for leave to CRA as soon as practicable (i.e., within 1 or 2 business days of learning of the need for the leave); • Provide CRA with sufficient documentation, to the sole satisfaction of the CRA, of the act of domestic violence; and • Exhaust all annual or personal time off leave, sick leave, compensatory time, if applicable, before using any leave under this policy. All information relating to an employee's leave under this policy shall be kept confidential, to the extent provided by law. This Policy does not limit the CRA's right to discipline or terminate any employee for any lawful reason and does not affect the at -will nature of employee's employment. For purposes of this Policy: • "Domestic Violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member, or any crime, of which the underlying factual basis has been found by a court to include an act of domestic violence. • "Family or Household Member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. • "Victim" means any individual who has been subjected to domestic violence. E. EMPLOYEE BENEFITS 1. DISCLAIMER The CRA has established a variety of employee benefit programs designed to assist you and your eligible dependents in meeting the financial burdens that can result from illness and disability, and to help you plan for retirement. This portion of the Handbook contains a very general description of the benefits to which you may be entitled as an employee of the CRA. Please understand that this general explanation is not intended to, and does not, provide you with all the details of these Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 33 Packet Pg. 214 2.8.a II benefits. Therefore, this Handbook does not change or otherwise interpret the terms of the official plan documents. Your rights can be determined only by referring to the full text of the official plan documents, which are available for your examination from the Office Administrator. To the extent that any of the information contained in this Handbook is inconsistent with the official plan documents, the provisions of the official documents will govern in all cases. Please note that nothing contained in the benefit plans described herein shall be held or construed to create a promise of employment or future benefits, or a binding contract between the CRA and its employees, retirees or their dependents, for benefits or for any other purpose. All employees shall remain subject to discharge or discipline to the same extent as if these plans had not been put into effect. As in the past, CRA reserves the right, in its sole and absolute discretion, to amend, modify or terminate, in whole or in part, any or all of the provisions of the benefit plans described herein, including any health benefits that may be extended to retirees and their dependents, consistent with applicable law. Further, the CRA reserves the exclusive right, power and authority, in its sole and absolute discretion, to administer, apply and interpret the benefit plans described herein, and to decide all matters arising in connection with the operation or administration of such plans. For more complete information regarding any of our benefit programs, please refer to the Plan Descriptions, which were provided to you separately or contact the Office Administrator. If you lost or misplaced those descriptions, please contact the Office Administrator for a copy. 2. HEALTH AND DENTAL INSURANCE CRA provides medical and dental insurance coverage for all eligible employees, in accordance with the terms of the plan description, or as determined by the Executive Director. Your election is generally fixed for the remainder of the plan year. However, if you undergo a change in family status (as defined in the plan description), you may make a mid -year change in coverage (i.e., you may change coverage from individual to family or from family to individual, add or delete dependents, or revoke coverage), provided you do so within the timeframe provided by the plan description. Please contact the Office Administrator to determine if a family status change qualifies under the plan description and IRS regulations. At the end of each calendar year, during open enrollment you are free to change your medical elections (including your choice of medical carriers) for the following calendar year, whether or not you have a change in family status. The Office Administrator will assist you in making the necessary arrangements for enrollment. A complete description of the plans is provided to each employee as plan descriptions and appropriate supplements. Medical insurance coverage is only available to employees after the initial 90 days of employment. 3. 401(k) PLAN/457 PLAN The CRA 8111trs a 401(k) plan, a voluntary pre-tax salary reduction plan, in which regular full-time employees may elect to participate beginning with the first payroll period administratively feasible Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 34 Packet Pg. 215 2.8.a II after employment. Employees may also wish to learn about 457 Plan offered by the CRA. Further details about the 401(k) and/or 457 plans may be obtained from the Office Administrator and the plans' documents. 4. WORKERS' COMPENSATION BENEFITS The CRA is covered under Florida's Workers' Compensation Laws. Should you sustain a work - related injury, you must immediately notify your supervisor and the Office Administrator. Should your injury require the attention of a doctor, you can obtain a list of approved physicians by calling our Workers' Compensation Carrier's Physician Network Referral Unit. (The Office Administrator will give you the Referral Unit's telephone number). In the case of an emergency, you should go to the nearest hospital emergency room for treatment and then utilize the Network Referral Unit if additional treatment is necessary. 5. TUITION REIMBURSEMENT If an employee is a regular, full-time employee and has worked for the CRA at least one (1) year, he or she may be eligible to participate in the CRA's tuition reimbursement program. In the event that the Executive Director agrees to support an employee's academic efforts, and believes that the employee's general job performance warrants such belief, the CRA will partially reimburse the employee for tuition for certain courses that it believes, in its sole discretion, are job -related. Eligible courses must be directly and substantially related to an employee's improving productivity in his or her current job. (Costs for textbooks and materials will not be reimbursed.) grade received and will not exceed per semester reimbursement up to a maximum of $ To receive tuition reimbursement, an employee must submit a written request to the Executive Director. Said request must be approved before the course begins. Once the employee receives his or her grades, the employee must submit a final tuition bill/invoice and the final grades to the Office Administrator for review. The employee must receive a "B" or higher (or equivalent grading on some other scale) in the course in order to qualify for reimbursement. If an employee resigns or is terminated before receiving a grade, the employee will not be reimbursed for tuition expenses. If an employee resigns or is terminated within twelve (12) months after receiving reimbursement, the value of the reimbursement may be deducted from the employee's final paycheck. Notwithstanding the aforementioned, the Executive Director has sole discretion to suspend the implementation of this policy based upon budgetary priorities. F. ON THE JOB 1. ATTENDANCE, PUNCTUALITY AND DEPENDABILITY Because CRA depends heavily upon its employees, it is important that employees attend work as Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 35 Packet Pg. 216 2.8.a II scheduled. Dependability, attendance, punctuality, and a commitment to do the job right are essential at all times. As such, employees are expected at work on all scheduled work days and during all scheduled work hours and to report to work on time. Moreover, an employee must personally notify his or her supervisor or the Office Administrator as far in advance as possible, but not later than one hour before his or her scheduled starting time if he or she expects to be late or absent. This policy applies for each day of his or her absence. An employee who fails personally to contact his or her immediate supervisor or the Office Administrator may be considered as having voluntarily resigned. A careful record of absenteeism and lateness is kept by the employee's supervisor and becomes part of the personnel record. To the extent permitted by law, absenteeism and lateness lessen an employee's chances for advancement and may result in suspension without pay and dismissal. 2. DRUG & ALCOHOL ABUSE Manufacture, distribution, dispensation, possession, or use of any illegal drug, alcohol, or controlled substance while on CRA premises is strictly prohibited. These activities constitute serious violations of CRA rules, jeopardize the CRA and can create situations that are unsafe or that substantially interfere with job performance. Employees in violation of the policy are subject to appropriate disciplinary action, up to and including termination. Additionally, CRA reserves the right to require an employee to undergo a medical evaluation under appropriate circumstances. The CRA is determined to eliminate the use of illegal drugs, alcohol, and controlled substances at its work site. The purpose of this program is to improve job safety on all projects. This program is designed solely for the benefit of our employees to provide reasonable safety on the job and protection from offending individuals. In addition, this program attempts to meet our responsibility to the public, whom we serve. Drugs and alcohol tests will be administered under the following conditions: • when an employee shows signs of impairment on the job; • after any accident or occurrence on the job when it appears that the employee might reasonably have avoided the accident or minimized the consequences, but did not do so; • and at hiring time, when all new hires will be required to pass a pre -employment drug - screening test as a condition of employment. Employees who refuse to submit to drug and alcohol testing will be terminated. Nothing herein shall alter the at -will employment relationship. Employment may be terminated either by the CRA or the employee at any time, for any reason or no reason at all. 3. APPEARANCE AND CONDUCT The CRA expects employees to maintain a neat, well groomed appearance at all times. Employees should maintain a professional appearance at all times. The CRA requires order and discipline to succeed and to promote efficiency, productivity and cooperation among its employees. The orderly and efficient operations of the CRA require that employees maintain proper standards of conduct at all times. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 36 II Packet Pg. 217 2.8.a II Employees who fail to maintain proper standards of conduct toward their work, their co-workers or the public, or who violate any of the CRA's policies, are subject to appropriate disciplinary action, up to and including suspension without pay and discharge. All instances of misconduct should be referred to the Office Administrator immediately. 4. ANTI -NEPOTISM POLICY The employment of relatives can cause various problems, including charges of favoritism, conflicts of interest, family discord and scheduling conflicts that work to the disadvantage of both the CRA and its employees. Therefore, it is the policy of the CRA not to hire a close relative of any current employee in any capacity. For purposes of this policy, the term "close relative" includes the following relationships, whether established by blood, marriage, or other legal action: mother, father, husband, wife, son, daughter, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter- in-law, step -child, aunt, uncle, nephew, niece or cousin, grandparents, and grandchildren. When a situation occurs which results in a violation of this policy, one of the employees involved will be required to resign or otherwise be discharged. Employees will be permitted to determine which of them will resign and will be required to inform the CRA of their decision within a 30 day period from notice of the violation. If the employees cannot make a decision, the CRA will decide in its sole discretion who will remain employed. 5. ROMANTIC OR SEXUAL RELATIONSHIPS Consenting "romantic" or sexual relationships between a supervisor/manager and an employee may at some point lead to unhappy complications and significant difficulties for all concerned the employee, the supervisor/manager and the CRA. Any such relationship may, therefore, be contrary to the best interests of the CRA. Accordingly, the Company strongly discourages such relationships and any conduct (such as dating between a supervisor/manager and an employee) that is designed or may reasonably be expected to lead to the formation of a "romantic" or sexual relationship. By its discouragement of romantic and sexual relationships, the CRA does not intend to inhibit the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should be an important part or extension of the working environment; and the policy articulated above is not to be relied upon as justification or excuse for a supervisor's/manager's refusal to engage in such social interaction with employees. If a romantic or sexual relationship between a supervisor/manager and an employee should develop, it shall be the responsibility and mandatory obligation of the supervisor/manager to Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 37 Packet Pg. 218 2.8.a II promptly disclose the existence of the relationship to the Executive Director. The employee may make the disclosure as well, but the burden of doing so shall be on the supervisor/manager. Failure to disclose the existence of the relationship, in accordance with this policy, may lead to discipline up to and including termination. The CRA recognizes the ambiguity of, and the variety of meanings that can be given to the term "romantic." It is assumed, or at least hoped, however, that either or both of the parties to such a relationship will appreciate the meaning of the term as it applies to either or both of them and will act in a manner consistent with this policy. Upon being informed or learning of the existence of such a relationship, the CRA may take all steps that it, in its discretion, deems appropriate. At a minimum, the employee and supervisor/manager will not thereafter be permitted to work together on the same matters (including matters pending at the time disclosure of the relationship is made), and the supervisor/manager must withdraw from participation in activities or decisions (including, but not limited to, hiring, evaluations, promotions, compensation, work assignments and discipline) that may reward or disadvantage any employee with whom the supervisor/manager has or has had such a relationship. In addition, and for the CRA to deal effectively with any potentially adverse consequences such a relationship may have for the working environment, any person who believes that he or she has been adversely affected by such a relationship, notwithstanding its disclosure, should make his or her views about the matter known to the Executive Director. This policy shall apply without regard to gender and without regard to the sexual orientation of the participants in a relationship of the kind described. 6. VIOLENCE IN THE WORKPLACE The CRA strongly believes that all employees should be treated with dignity and respect. Acts of violence will not be tolerated. Any instances of violence must be reported to the employee's supervisor and/or the Office Administrator. All complaints will be fully investigated. The CRA will promptly respond to any incident or suggestion of violence. Violation of this policy will result in disciplinary action, up to and including suspension without pay and/or immediate discharge. To maintain the safety and security of its employees and guests, the CRA prohibits the possession of weapons in its offices. Additionally, while on duty, employees may not carry a weapon of any type on their person. Examples of banned weapons include but are not limited to handguns, stun guns, knives, mace, pellet guns, rifles, batons and blackjacks. 7. ACCIDENTS AND EMERGENCIES Maintaining a safe work environment requires the continuous cooperation of all employees. The CRA strongly encourages employees to communicate with fellow employees and their supervisor regarding safety issues. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 38 Packet Pg. 219 2.8.a II All employees will be provided care, first -aid and emergency service, as required, for injuries or illnesses while on CRA premises. Employees should contact their supervisor, the nearest supervisor, and/or 911 in the event of an accident or emergency. If an employee is injured on the job, the CRA provides coverage and protection in accordance with the Worker's Compensation Law. When an injury is sustained at work, it must be reported immediately to the employee's supervisor, who in turn will notify the Office Administrator of the incident. Failure to report accidents is a serious matter as it may preclude an employee's coverage under Worker's Compensation Insurance. 8. OPEN DOOR POLICY CRA promotes an atmosphere whereby employees can talk freely with members of the management staff. Employees are encouraged to openly discuss with their supervisor any problems so appropriate action may be taken. If the supervisor cannot be of assistance, the Office Administrator and the Executive Director are available for consultation and guidance. The CRA is interested in all of our employees' success and happiness with us. We, therefore, welcome the opportunity to help employees whenever feasible. This Policy does not replace the complaint procedure contained in the Non -Discrimination and Anti -Harassment Policy in this handbook. 9. USE OF BULLETIN BOARDS Bulletin boards maintained by the CRA are to be used only for posting or distributing material of the following nature: • notices containing matters directly concerning CRA business; • announcements of a business nature which are equally applicable and of interest to employees. All posted material must have authorization from the Executive Director. All employees are expected to check these bulletin boards periodically for new and/or updated information and to follow the rules set forth in all posted notices. Employees are not to remove material from the bulletin boards. 10. COMPUTER AND TELEPHONE SYSTEMS POLICY The computer hardware, software, electronic mail, voice mail, telephone and other computer or electronic communication or data storage systems ("Computer and Telephone Systems") are the property of CRA. Every employee is responsible for using the Computer and Telephone Systems properly and in accordance with this policy. Any questions about this policy should be addressed to the Office Administrator. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 39 II Packet Pg. 220 2.8.a II The Computer and Telephone Systems have been provided by the CRA for use in conducting the CRA's business. All communications and information transmitted by, received from, or stored in these systems are records and property of CRA. The Computer and Telephone Systems are to be used for the CRA purposes only. Excessive use of the Computer and Telephone Systems for personal purposes is prohibited. a. No Expectation of Privacy Employees have no right of personal privacy in any matter stored in, created, received, or sent over the Computer and Telephone Systems. The CRA has the right, but not the duty, to monitor any and all of the aspects of its Computer and Telephone Systems, including, without limitation, reviewing documents created and stored on its Computer and Telephone Systems, deleting any matter stored in its Computer and Telephone Systems (including, without limitation, its e-mail, texts, database and word processing systems), monitoring sites visited by employees on the Internet, monitoring chat and news groups, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail sent and received by users. Further, the CRA may exercise its right to monitor its Computer and Telephone Systems for any reason and without the permission of any employee. Employee use of the CRA's Computer and Telephone Systems constitutes consent to all the terms and conditions of this policy. Even if employees use a password to access any of the CRA's Computer and Telephone Systems, the confidentiality of any message stored in, created, received, or sent from the Computer and Telephone Systems still cannot be assured. Use of passwords or other security measures does not in any way diminish CRA's rights to access materials on its systems, or create any privacy rights of employees in the messages and files on the systems. Any password used by employees must be revealed to the CRA as files may need to be accessed in an employee's absence or for any other reason that the Executive Director, in his or her discretion, deems appropriate. b. Professional Use of Computer and Telephone Systems Required The CRA's policies against discrimination and harassment, sexual or otherwise, apply fully to its Computer and Telephone Systems, and any violation of those policies is grounds for discipline up to and including discharge. Therefore, no e-mail messages should be created, sent, or received if they contain intimidating, hostile, or offensive material concerning race, color, religion, gender/sex, age, national origin, disability, genetic information, pregnancy, sexual orientation, marital status or any other classification protected by law. Similarly, material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful, inappropriate, offensive (including offensive material concerning sex, race, color, national origin, religion, age, disability, genetic information, pregnancy, sexual orientation, marital status or other characteristic protected by law) may not be downloaded from the Internet or displayed or stored in the CRA's computers. Employees encountering or receiving this kind of material should immediately report the incident to the Office Administrator. The CRA may (but is not required) to use software to identify inappropriate or sexually explicit Internet sites. Such sites may be blocked from access by the CRA and/or the City of Miami's networks. Notwithstanding the foregoing, the CRA is not responsible for material viewed or downloaded by users from the Internet. The Internet is a worldwide network of computers that contains millions of pages of information. Users are cautioned that many of these pages include offensive, sexually explicit, and Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 40 Packet Pg. 221 2.8.a II inappropriate material. In general, it is difficult to avoid at least some contact with this material while using the Internet. Even innocuous search requests may lead to sites with highly offensive content. In addition, having an e-mail address on the Internet may lead to receipt of unsolicited e-mail containing offensive content. Users accessing the Internet do so at their own risk. Employees who encounter inappropriate or sexually explicit material while browsing on the Internet should immediately disconnect from the site, regardless of whether the site was subject to CRA's blocking software. The Computer and Telephone Systems may not be used to solicit for religious or political causes, commercial enterprises, outside organizations, or other non -job related solicitations. The Computer and Telephone Systems shall not be used to send, upload, receive, or download copyrighted materials, trade secrets, proprietary financial information, confidential information or similar materials without prior authorization from the Executive Director. Employees, if uncertain about whether certain information is copyrighted, proprietary, or otherwise inappropriate for transfer, should resolve all doubts in favor of not transferring the information and consult the CRA's counsel, through the Executive Director. Employees are reminded to be courteous to other users of the system and always to conduct themselves in a professional manner. E-mails and texts, in particular, are sometimes misdirected or forwarded and may be viewed by persons other than the intended recipient. Users should write e-mail communications with no less care, judgment and responsibility than they would use for letters or internal memoranda written on the CRA's letterhead. c. Limitations on Internet Use Although the CRA recognizes that the Internet may have useful applications to the CRA's business, employees may not engage in Internet use (including but not limited to social media sites) without prior approval from the Executive Director, and unless a specific business purpose requires such use. "Surfing the Net", playing games, or downloading entertainment software, including wallpaper and screen savers, are not legitimate business activities, and therefore, strictly prohibited. Approval is required before anyone can post any information on commercial on-line systems or the Internet. Any approved material that is posted should contain all proper copyright and trademark notices. Absent prior approval from the CRA to act as an official representative of the CRA, employees posting information must include a disclaimer in that information stating, "Views expressed by the author do not necessarily represent those of the CRA. Without the express permission of their supervisors, employees may not send unsolicited e-mail to persons with whom they do not have a prior relationship. d. Social Media/Blogging/Social Networking The CRA respects the right of any employee to maintain a blog or web page or to participate in a social networking, twitter or similar site. However, to protect the CRA's interests and ensure employees focus on their job duties, employees must adhere to the following rules: • Employees may not post on a blog or web page or participate in a social networking, twitter or similar site during working time or at any time with the CRA's equipment or property. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 41 Packet Pg. 222 2.8.a II • All rules regarding confidential, exempt and proprietary business information apply in full to blogs, web pages, social networking, twitter and similar sites. Any information that cannot be disclosed through a conversation, a note or an e-mail also cannot be disclosed in a blog, web page, social networking, twitter or similar site. • Whether an employee is posting something on his or her own blog, web page, social networking, twitter or similar site or on someone else's, if an employee mentions the CRA and also expresses either a political opinion or an opinion regarding the CRA's actions, the poster must include a disclaimer which specifically states that the opinion expressed is his/her personal opinion and not the CRA's position. This is necessary to preserve CRA's good will. • Be respectful of your potential readers and colleagues. Please do not use discriminatory comments, personal insults, libel or slander when commenting about the CRA, your superiors, co-workers or the public. Please note that all of CRA's policies, including those on harassment, sexual harassment and discrimination, apply to employee use of social networking and media. Any conduct which is impermissible under the law if expressed in any other form or forum is impermissible if expressed through a blog, web page, social networking, twitter or similar site. For example, posted material that is discriminatory, harassing, obscene, defamatory, libelous or threatening is forbidden. The CRA's policies apply equally to employee blogging. The CRA encourages all employees to keep in mind the speed and manner in which information posted on a blog, web page, social networking, twitter or similar site can be relayed and often misunderstood by readers. While an employee's free time is generally not subject to any restrictions by the CRA — with the exception of the limited restrictions above — CRA urges all employees to refrain from posting information regarding the CRA or their jobs which could embarrass or upset co-workers or which could detrimentally affect the CRA's business. Employees must use their best judgment. Employees with any questions should review the guidelines above and/or consult with their supervisor and/or the Executive Director. e. Maintaining and Securing the Systems Files obtained from sources outside the CRA, including disks brought from home; files downloaded from the Internet, news groups, bulletin boards, or other online services; files attached to e-mail; and files provided by customers or vendors may contain dangerous computer viruses that may damage the CRA/City of Miami's computer network. Employees should never download files from the Internet, accept e-mail attachments from outsiders, or use disks from non-CRA source without first scanning the material with CRA-approved virus checking software. If you suspect that a virus has been introduced into the CRA's network, notify the City's IT Department immediately. f. Violations of Policy Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 42 Packet Pg. 223 2.8.a II Any employee who discovers misuse of any of the Computer and Telephone Systems should immediately contact the Office Administrator. Violations of the CRA's Computer and Telephone Systems policy may result in disciplinary action up to and including termination. The CRA reserves the right to modify this policy at any time, with or without notice. Employees are required to sign Computer and Telephone Systems Policy Acknowledgment Form as a condition of employment. The form is to be signed on acceptance of an employment offer by CRA. 11. SOCIAL MEDIA POLICY At the CRA, we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media. This policy applies to all employees who work for the CRA. a. Guidelines In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else's web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with Company, as well as any other form of electronic communication. The same principles and guidelines found in the CRA's policies apply to your activities online Ultimately, you are solely responsible for what you post online Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow associates or otherwise adversely affects members, customers, suppliers, people who work on behalf of CRA or CRA's legitimate business interests may result in disciplinary action, up to and including termination. b. Know and Follow the Rules Carefully read these guidelines and all of the CRA's employee policies to ensure your postings are consistent with these policies. All of the CRA's policies apply to use of social media regardless of whether the employee is engaged in social media during working time, on the CRA's premises and/or through the employee's own equipment. In particular, please remember that the CRA's anti - harassment and non-discrimination policies govern employee use of social media. Inappropriate postings that include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action, up to and including termination. c. Be Respectful Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 43 II Packet Pg. 224 2.8.a II Always be fair and courteous to fellow employees, patients, suppliers or people who work on behalf of CRA. Also, keep in mind that you are more likely to resolve work related complaints by speaking directly with your co-workers or by utilizing our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, you must avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage the CRA, co -employees, the public, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy. d. Be Honest and Accurate Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. e. Exercise Care in Posting Do not disclose personal identifying information about employees, third parties or members of the public that you create, receive or of which you become aware during your employment. You must not disclose trade secret, confidential proprietary or privileged information or attorney -client privileged information. Maintain the exempt status of records or documents deemed such under Chapter 119, Florida Statutes. Do not create a link from your blog, website or other social networking site to the CRA's website without identifying yourself as an employee of CRA. Express only your personal opinions. You may not post anything in the name of CRA or in a manner that could be attributed to the CRA without prior written authorization. Without authorization, you may never represent yourself as a spokesperson for the CRA. If the CRA is a subject of the content you are creating, be clear and open about the fact that you are an employee and make it clear that your views do not represent those of the CRA, fellow employees, people or firms working on behalf of the CRA, or members of the public. If you do publish a blog or post online that identifies you as an employee of CRA or where you would be easily identifiable as working for the CRA, related to the work you do or subjects associated with the CRA, make it clear that you are not speaking on behalf of the CRA. It is required to include a disclaimer such as "The postings on this site are my own and do not necessarily reflect the views of the CRA." Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 44 Packet Pg. 225 2.8.a II f. Using Social Media at Work Refrain from using social media while on working time or on equipment provided by the CRA, unless it is work -related, as specifically authorized by your supervisor. Without prior authorization, social media must be undertaken during non -working time in non -working areas and with non-CRA provided equipment. Do not use CRA email addresses to register on social networks, blogs or other online tools utilized for personal use. g• Retaliation is Prohibited The CRA prohibits taking negative action against any employee for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination. h. Scope of this Policy This policy does not restrict employee rights to engage in protected activity under any applicable federal, state or local law. This policy does not prohibit discussing or disclosing information regarding your own wages, terms and conditions of employment or the wages, terms and conditions of employment of other employees. It also does not prohibit discussion about or criticism of CRA's labor and employment policies or treatment of employees. However, we suggest that you may wish to bring any such issues to the attention of your supervisor or another member of management for resolution. 12. USE OF COMPANY EQUIPMENT AND COMPUTER SYSTEMS The CRA provides any supplies, uniforms, equipment, automobiles and materials necessary for you to perform your job. These items are to be used solely for the CRA's purposes. Employees are expected to exercise care in the use of CRA equipment and property and use such property only for authorized purposes. Loss, damages or theft of CRA property should be reported at once. Negligence in the care and use of CRA property may be considered grounds for discipline, up to and including termination. a. Use of Computer System It is the policy of the CRA that the use of its computers and software is limited solely to appropriate business use. Employees are not allowed to use the computer system for their personal benefit. Employees are strictly forbidden from installing software on the system. Further, this policy reaffirms that the CRA's employees have no reasonable expectation of privacy with respect to any computer hardware, software, electronic mail or other computer or electronic means of communication or storage, whether or not employees have private access or an entry code into the computer system. The CRA reserves the right to monitor the use of its computer system. See also the Computer and Telephone Systems Policy. b. Use of Vehicles Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 45 Packet Pg. 226 2.8.a II Only employees with an unrestricted, current driver's license and who are covered by the CRA's automobile insurance coverage may operate CRA vehicles or use a vehicle to conduct CRA business. CRA vehicles may only be used for authorized CRA business. Any employee operating a CRA vehicle must do so in a safe manner. Any employee operating a CRA vehicle under the influence of drugs or alcohol or in an unsafe or negligent manner will be immediately terminated. The CRA has the right to search any CRA vehicle at any time. Therefore, employees have no reasonable expectation of privacy with respect to CRA vehicles. c. Telephone Use Because a large percentage of our business is conducted over the phone, it is essential to project a professional telephone manner at all times. Although the CRA realizes that there are times when an employee may need to use the telephone for personal reasons, it is expected that good judgment will be used in limiting the length and frequency of such calls. Additionally, no long distance personal calls may be made on CRA telephones without prior approval from the employee's supervisor. 13. INTERNAL INVESTIGATIONS AND SEARCHES From time to time, CRA may conduct internal investigations pertaining to security, auditing or work -related matters. Employees are required to cooperate fully with and assist in these investigations if requested to do so. Whenever necessary, in the CRA's discretion, work areas (i.e., desks, file cabinets, etc.) and personal belongings (i.e., brief cases, handbags, clothing (including pockets), etc.) may be subject to a search without notice. Employees are required to cooperate. The CRA will generally try to obtain an employee's consent before conducting a search of work areas or personal belongings, but may not always be able to do so. Employees should expect no right to privacy. 14. REFERENCE CHECKS To ensure that individuals who join the CRA are well -qualified and have a strong potential to be productive and successful, it is the policy of the CRA to check the employment references of all applicants. This is a mandatory process and a condition for employment. Should an employee receive a written request for a reference, he or she should refer the request to the Office Administrator for handling. No CRA employee may issue a reference letter to any current or former employee without the permission of the Executive Director. Under no circumstances should any CRA employee release any information about any current or former CRA employee over the telephone. All telephone inquiries regarding any current or former employee of CRA must be referred to the Office Administrator. We will respond to all reference check inquiries from others, by confirming only dates of employment, positions held, and salary verification. Inquiries must be in writing and will be responded to in writing. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 46 II Packet Pg. 227 2.8.a II 15. SMOKING POLICY To comply with government regulations, the CRA has prohibited smoking throughout its workplace. Employees are protected from retaliatory action or from being subjected to any adverse personal action for exercising or attempting to exercise his or her rights under the smoking policy. Any violation of this policy should be reported immediately to the Office Administrator. Violation of this policy may result in appropriate corrective action, up to and including suspension without pay and termination. 16. TAPE RECORDING POLICY It is a violation of the CRA policy to record conversations with a tape recorder or other recording device unless prior approval is received from your supervisor or the Executive Director, and all parties to the conversation give their consent. The purpose of this policy is to comply with the law and to eliminate a chilling effect on the expression of views that may exist when one person is concerned that his or her conversation with another is being secretly recorded. This concern can inhibit spontaneous and honest dialogue especially when sensitive or confidential matters are being discussed. Violation of this policy will result in disciplinary action, up to and including suspension without pay and immediate termination. 17. TRAVEL REIMBURSEMENT Business travel authorization is required prior to actual business travel. The employee's supervisor and/or the Executive Director must approve trips in writing. A request sent via e-mail and an affirmative reply is acceptable. Employees are directed to consult the employee's supervisor or the Executive Director if there are questions about whether travel is approved or not. The CRA expects employees traveling on CRA business to stay at a reasonably priced hotel that is convenient to the place where business will be transacted. The CRA shall only reimburse expenses incurred at the hotel for room rate, applicable taxes, hotel parking and meals based upon the CRA's per diem rate. G. DISCIPLINE POLICY 1. GENERALLY Policies and procedures are necessary guidelines to provide a basis for fair and equitable treatment of each employee. In addition, these guidelines serve as the basis for a fair relationship between the employee and the CRA. It is necessary that these guidelines be applied consistently to each employee. Only then can CRA establish the confidence that each employee will be treated consistently according to the administrative and operational guidelines. It is the responsibility of each officer, manager, supervisor and employee to contribute fully toward the achievement of this obj ective. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 47 II Packet Pg. 228 2.8.a II Violations of any of the established policies and procedures may result in disciplinary action up to and including suspension without pay and termination. The nature of the disciplinary action is contingent upon the facts and circumstances of the individual situation. The following employee actions are not all inclusive but, by way of illustration only, are some of the events which could result in discipline. Thus, the Executive Director may establish additional rules and regulations he or she feels are necessary for the orderly fulfillment of your responsibilities. These also must be followed. Other actions may also result in discipline including discharge. (It should be noted that CRA and each employee recognize that the employment relationship is for an indefinite period and may be terminated by either party at will.) By providing this non -exhaustive list, CRA in no way restricts its right to terminate employment, nor alters the at -will employment relationship. • Insubordination, refusal or inability to comply with reasonable instructions of supervisors or department heads. • Refusal to comply with the CRA's rules, policies or procedures. • Poor job performance, including unsatisfactory attitude that detracts from job performance or the efficient operation of the CRA. • Violation of the Non -Discrimination and Anti -Harassment Policy. • Failure to report for duty without a bona fide excuse and proper notification to your supervisor. • Failure to comply with established safety and health rules and safe work procedures or engaging in any conduct that creates a safety hazard. • Failure to meet performance standards. • Failure to follow grooming and appearance standards. • Failure to report a workplace accident immediately. If you are injured on the job, you must immediately report this to your supervisor or the Office Administrator. • Falsely stating claims of injury. • Disorderly conduct on CRA premises, including but not limited to violence, fighting, horseplay or other action that endangers others or CRA property or employees. • Offensive or disruptive behavior, including threatening employees, using abusive or vulgar language, interfering with others in the performance of their duties, or acting in an immoral or indecent manner on CRA property or while off CRA premises in performance of CRA- related duties. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 48 Packet Pg. 229 2.8.a II • Destruction, misuse, theft or removal of CRA property, another employee's property, or property of a member of the public. • Unauthorized disclosure, discussion, removal or use of the CRA's confidential, information, or other proprietary information (including information contained in personnel records). • Refusal to allow security checks and package inspections. • Reading books, magazines, or newspapers while on duty that are unrelated to an employee's duties and responsibilities. • Loitering, loafing or sleeping on duty. • Neglect of duty. • Smoking on CRA premises. • Bringing, consuming, possessing, providing, selling and/or transferring illegal drugs on CRA property or while on duty and/or reporting for duty under the influence of alcohol and/or illegal drugs or abusing prescription drugs, or otherwise violating the Drug Free Workplace Policy. • Dishonesty, including but not limited to intentionally not providing full and truthful information when requested. • Gambling on CRA premises. • Bringing, discharging, and/or possessing unauthorized firearms or other weapons in CRA buildings, having it on your person in the performance of CRA duties. • Giving or taking a bribe of any nature. • Being arrested and/or convicted of any crime which CRA believes is detrimental to CRA and/or its other employees, committing a felony. • Misappropriation of CRA funds or failure to handle funds in accordance with CRA guidelines. • Irregular attendance including excessive absenteeism, tardiness and/or unexcused absences. • Violations of the Time Records Policy, including deliberate omission or falsification of information on employment application, time sheets, production or other CRA records. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 49 Packet Pg. 230 2.8.a II • Violation of the Company's Conflict of Interest/Outside Employment Policy and/or Confidentiality Policy. • Leaving work station or work without authorization or being in an unauthorized work area during your scheduled work period or on your days off, without specific authorization. • Interfering with or hindering of work schedules; failing to work on a scheduled shift. • Failure to report to work after the expiration of a leave -of -absence or temporary layoff. • Disloyalty to CRA, including but not limited to, slandering or disparaging the CRA, its officers and/or employees, or acting in such a manner that could damage CRA's reputation. • Gross negligence in the performance of duties. • Failure to wear assigned uniform, if assigned. • Discourteous or inappropriate conduct with members of the public. In the event of dismissal for misconduct, all benefits terminate at the end of the month. COBRA may not be available to anyone dismissed from the CRA for gross misconduct. 2. TYPES OF DISCIPLINE All employees are expected to meet CRA's standards of work performance Work performance encompasses many factors, including attendance, punctuality, personal conduct, job proficiency and general compliance with the CRA's policies and procedures. If an employee does not meet these standards, the CRA may, under appropriate circumstances, take corrective action, other than immediate dismissal. However, this policy does not alter the "at - will" employment relationship, nor does it require that the employer adhere to any progressive discipline. The form of discipline described herein, and the order presented in this policy are not meant to establish or create a progressive discipline policy. The intent of corrective action is to formally document problems while providing the employee with a reasonable time within which to improve performance. The process is designed to encourage development by providing employees with guidance in areas that need improvement such as poor work performance, attendance problems, personal conduct, general compliance with the CRA's policies and procedures and/or other disciplinary problems. a. Verbal Warnings The supervisor should discuss the problem with the employee in the presence of a supervisor. This should clearly identify the problem and outline a course of corrective action within a specific time frame. The employee should clearly understand both the corrective action and the consequence Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 50 Packet Pg. 231 2.8.a II (i.e., termination) if the problem is not corrected or recurs. The supervisor should document the verbal counseling session and include any additional comments of his or her own and sign it. A record of the discussion should be placed in the employee's personnel file. b. Written Warnings The supervisor should discuss the problem and present a written warning to the employee in the presence of a supervisor. This should clearly identify the problem and outline a course of corrective action within a specific time frame. The employee should clearly understand both the corrective action and the consequence (i.e., termination) if the problem is not corrected or recurs. The employee should acknowledge receipt of the warning and include any additional comments of his or her own before signing it. A record of the discussion and the employee's comments should be placed in the employee's personnel file. Employees who have had formal written warnings are not eligible for salary increases, bonus awards, promotions or transfers during the warning period. c. Suspensions Without Pay Employees may be suspended from employment without pay for violations of CRA policy. Employees who have been suspended for disciplinary reasons are not eligible for salary increases, bonus awards, promotions or transfers for 1 year thereafter. d. Termination Any employee whose conduct, actions or performance violates or conflicts with the CRA's policies may be terminated immediately and without warning. H. 1. RESIGNATION LEAVING THE CRA When an employee decides to leave for any reason, his or her supervisor, the Office Administrator and the Executive Director would like the opportunity to discuss the resignation before final action is taken. The CRA often finds during this conversation that another alternative may be better. If, however, after full consideration the employee decides to leave, it is requested that the employee provide the CRA with a written two -week advance notice period (bear in mind that personal time off days or personal days may not be used during the two -week notice period). The CRA will only compensate employees for unused personal time off in accordance with the personal time off cash out provisions in this Handbook. If, as sometimes happens, the employee's supervisor wishes for the employee to leave prior to the end of the employee's two -weeks notice, the employee may be paid for the remainder of that period upon approval of the Executive Director. 2. TERMINATION Every CRA employee has the status of "employee -at -will," meaning that no one has a contractual right, express or implied, to remain in the CRA's employ. CRA may terminate an employee's Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 51 Packet Pg. 232 2.8.a II employment, with or without cause, and with or without notice, at any time for any reason. No supervisor or other representative of the CRA (except the Executive Director, with approval from the Board) has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the above. In the event an employee is terminated from the employ of the CRA, said termination shall be effectively immediately upon notice to the employee. The employee will be permitted to gather personal belongings under the supervision of the Office Administrator. 3. POST RESIGNATION/TERMINATION PROCEDURES a. Exit Interview The Office Administrator is responsible for scheduling an exit interview with an employee who is separating from the CRA and for arranging the return of CRA property including: • Identification cards, including business cards • Office keys • Handbooks, and other manuals • Any additional CRA-owned or issued property Employees may choose the continuation or waiver of comprehensive medical coverage and dental coverage under COBRA. Specific information will be provided at the exit interview. b. Benefits Benefits (e.g., life, medical and dental) end on your last day of employment, or on the last day of the month in which your last day of employment falls for medical/dental benefits. An employee, unless dismissed for gross misconduct, has the option to convert to individual life insurance, and/or to continue medical/dental benefits in accordance with The Consolidated Omnibus Budget Reconciliation Act ("COBRA") regulations. c. Final Paycheck The final paycheck will be mailed or directly deposited during the next normal pay period. If there are unpaid obligations to the CRA, the final paycheck will reflect the appropriate deductions, as allowed by law. Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 52 Packet Pg. 233 2.8.a II APPENDIX A ACKNOWLEDGEMENT OF RECEIPT OF EMPLOYEE HANDBOOK I, , acknowledge that I have received a copy of the CRA's Employee Handbook. I have read it thoroughly, including the statements in the foreword describing the purpose and effect of the Handbook. I understand the terms and provisions contained in this Handbook, and have been afforded an opportunity to seek clarification concerning same. I understand that the CRA is an "at will" employer and as such employment with the CRA is not for a fixed term or definite period and may be terminated at the will of either party, with or without cause, and without prior notice. No supervisor or other representative of the CRA (except the Executive Director, with approval of the Board) has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the above. In addition, I understand that this Handbook states the CRA's policies and practices in effect on the date of publication. I understand that nothing contained in the Handbook may be construed as creating a promise of future benefits or a binding contract with CRA for benefits or for any other purpose. I also understand that these policies and procedures are continually evaluated and may be amended, modified or terminated at any time. Date: Signature: Print Name: Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 53 Packet Pg. 234 2.8.a II APPENDIX B ACKNOWLEDGEMENT OF NON-DISCRIMINATION & ANTI -HARASSMENT POLICY AND COMPLAINT PROCEDURE I, , acknowledge that I have received and read the CRA's Non -Discrimination and Anti -Harassment Policy and Complaint Procedure. I agree to abide by the policy requirements, and understand that I immediately must report any conduct that is in violation of this policy. I agree that if there is any provision of the policy that I do not understand, I will seek clarification from the Office Administrator. Date: Signature: Print Name: Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 54 II Packet Pg. 235 2.8.a II I, for the following: APPENDIX C AUTHORIZATION FOR PAYROLL DEDUCTIONS , understand I will be responsible to reimburse the CRA 1. Any loss incurred as a result of my acceptance of a check without proper identification information on the check. 2. Damages incurred, up to the amount of the CRA's insurance deductible, in the event that I get into an auto accident with a CRA vehicle. 3. Damages incurred to the property of the CRA or a member of the public due to my own negligence. 4. The value of any CRA property due to my theft of the property. 5. Actual charges for any items charged to the CRA that are for my personal use. 6. My cost for any benefits that I have elected to participate in beyond those provided by the CRA at its cost. 7. The amount of any overpayment of any wages. I hereby authorize the CRA to deduct from my paycheck, including my final paycheck, for any of the foregoing reasons. Also, I grant the CRA the right to correct any electronic funds transfer resulting from an erroneous overpayment to me by debiting my account to the extent of such overpayment. Date: Signature: Print Name: Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 55 Packet Pg. 236 2.8.a II APPENDIX D ACKNOWLEDGEMENT OF COMPUTER AND TELEPHONE SYSTEMS POLICY I, , acknowledge that I have received a copy of CRA's Computer and Telephone Systems Policy, have read said policy thoroughly, and understand the provisions contained therein. I understand that my use of the CRA's Computer and Telephone Systems ("systems"), as defined in the policy, constitutes my consent to all the terms and conditions of the aforementioned policy. In particular, I understand that: (1) the system and all information transmitted by, received from, or stored in that system are the property of CRA; (2) the system is to be used only for business purposes and not for personal purposes; and (3) I have no expectation of privacy in connection with the use of the system, or with the transmission, receipt, or storage of information in the system. I acknowledge and consent to the CRA's monitoring my use of the system at any time at its discretion, including printing and reading all E- mails entering, leaving, or stored in the system. Date: Signature: Print Name: Attachment: 3487 Exhibit (3487 : OMNI CRA Employee Manual) 56 II Packet Pg. 237 OMNI Board of Commissioners Meeting January 17, 2018 2.9 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Ken Russell Date: January 5, 2018 and Members of the CRA Board Jason Walker Executive Director File: 3488 Subject: Purple Shirts Program Grant Increase and Program Expansion Enclosures: 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 increase in the grant funding to the DDA for program expansion in the Omni Redevelopment Area. BACKGROUND: 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 the 2010 Omni CRA Redevelopment Plan ("Plan"); and The CRA Board of Commissioners passed and adopted in June 30th, 2008; and authorized the issuance of a grant to the Downtown Development Authority (DDA) for expansion of the Downtown Enhancement Team Program into the Media & Entertainment District in the Omni Redevelopment areas. The CRA Board of Commissioners also passed and adopted on December 1, 2016, CRA-R-16-0057; authorizing the issuance of a grant to the Downtown Development Authority (DDA) for expansion of the Downtown Enhancement Team Program into the Omni CRA area now established as the Purple Shirts Program. The Board of Commissioners of the Omni CRA now wishes to increase grant funds from Account No. 10040.920501.883000, in an amount not to exceed $100,000, to the Miami Downtown Development Authority to expand the Purple Shirts Program in the Redevelopment Area for a period of one year. Packet Pg. 238 2.9 JUSTIFICATION: Section 4.4, B., D-5, at page 41 of the Plan, Section 4.4, C., D-1, at page 41 of the Plan, and Section 4.4, D., A-2, at page 42 of the Plan, respectively lists providing employment opportunities and upward job mobility for residents, maximizing conditions for residents to live in the area, and the elimination of conditions which contribute to blight as stated redevelopment objectives. FUNDING: Funding allocated from Omni 2018 Tax Increment Funds, Account titled "Other Grants and Aids" with Account Code 10040.920501.883000. Packet Pg. 239 2.9 City of Miami Legislation OMNI CRA Resolution OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 3488 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT FROM ACCOUNT NO. 10040.920501.883000 IN AN AMOUNT NOT TO EXCEED $100,000.00 TO THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA TO EXTEND THE DOWNTOWN ENHANCEMENT TEAM INTO THE OMNI REDEVELOPMENT AREA FOR AN ADDITIONAL PERIOD OF ONE (1) YEAR ("PROGRAM"); AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. 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 the 2010 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, B., D-5, at page 41 of the Plan, Section 4.4, C., D-1, at page 41 of the Plan, and Section 4.4, D., A-2, at page 42 of the Plan, respectively list providing employment opportunities and upward job mobility for residents, maximizing conditions for residents to live in the area, and the elimination of conditions which contribute to blight as stated redevelopment objectives; and WHEREAS, the Downtown Development Authority of the City of Miami, Florida ("DDA") sponsors the Downtown Enhancement Team ("Yellow Shirts") within the boundaries of the Downtown District, which transitions formerly homeless individuals into the workforce while keeping the downtown area beautiful; and WHEREAS, the CRA, through Resolution No. CRA-R-16-0057, previously adopted and funded the expansion of the program into the Redevelopment Area ("Purple Shirts"); and WHEREAS, the Board of Commissioners of the CRA wishes to continue the Purple Shirts program for an additional one (1) year period; and WHEREAS, the Board of Commissioners of the CRA wishes to allocate grant funds from Account No. 10040.920501.883000 in an amount not to exceed $100,000.00 to the DDA to extend the Purple Shirts program for an additional period of one (1) year; and Packet Pg. 240 2.9 WHEREAS, the Executive Director is requesting authority from the Board of Commissioners of the CRA to negotiate and execute any and all documents necessary to extend the Purple Shirts program, in a form acceptable to the General Counsel; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Purple Shirts program is extended for an additional one (1) year period. Section 3. The Executive Director is authorized to allocate grant funds from Account No. 10040.920501.883000 in an amount not to exceed $100,000.00 to the DDA to extend the Purple Shirts program in the Redevelopment Area for a period of one (1) year. Section 4. The Executive Director is authorized to execute any and all documents necessary to effectuate the Purple Shirts program, in a form acceptable to the General Counsel. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL Packet Pg. 241