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Resolution No CRA 001-20-1118RESOLUTION NO.001-20-1118 A resolution of the City of South Miami Community Redevelopment Agency (SMCRA) approving the proposed Restated Interlocal Cooperation Agreement related to the exercise of community redevelopment powers within the SMCRA Redevelopment Area; authorizing the Chairperson and the Executive Director of the SMCRA to execute the such agreement; recommending that the City Commission of the City of South Miami and the Miami -Dade County Board of County Commissioners approve the Restated Interlocal Cooperation Agreement; and authorizing the SMCRA Executive Director to take any and all necessary and appropriate action to achieve the purposes of this resolution. WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, which is presently codified in the Florida Statutes at Part III of Chapter 163, Sections 163.330 through 163.463, as amended, ("Act"); and WHEREAS, the Act provides "the governing body of any ...county which has adopted a home rule charter may, in its discretion, by resolution delegate the exercise of the powers conferred upon the county by [the Act] within the boundaries of a municipality to the governing body of such a municipality;" and WHEREAS, the Act further provides that "[s]uch a delegation to a municipality shall confer only such powers upon a municipality as shall be specifically enumerated in the delegating resolution;" and WHEREAS, as authorized by Miami -Dade County Board of County Commissioners (County Commission), the City of South Miami (City), by adoption of Ordinance No. 12-97-1633 on April 15, 1997, accepted a delegation of powers from the County Commission and created the South Miami Community Redevelopment Agency (SMCRA); and WHEREAS, upon request of the SMCRA, the City Commission approved the South Miami Community Redevelopment Plan by Resolution No. 247-97-10217, and subsequent Redevelopment Plan amendments by Resolution No. 54-98-1032, Ordinance No. 01-05-1823, and Resolution No. 90-06-12231(collectively.. SMCRA Redevelopment Plan), all of which actions were approved by the County Commission; and WHEREAS, in connection with approvals of the SMCRA Redevelopment Plan, interlocal agreements delegating additional authority from the Miami -Dade County (County) to the City were approved and entered into by the SMCRA, the City Commission and the County Commission in and around July 1999 (County Ordinance No. 99-100) as amended at or around September 2006 (County Ordinance No. R-931-06); and Resolution No. 001-20-1118 WHEREAS, the SMCRA and the City Commission are requesting that the County Commission approve the extension of the life of the SMCRA and the existing community redevelopment area, as well as an expansion of the redevelopment area boundaries of the SMCRA; and WHEREAS, accordingly, in connection with the requested extension and expansion, it was necessary to renegotiate the current interlocal agreement between the SMCRA, the City and County, and restate said agreement as requested by the County and in accordance with current County resolutions, including County Resolution No. R-499-16; and WHEREAS, negotiations for the proposed restated interlocal agreement were held between the City Manager, City Finance Director, the Executive Director of the SMCRA and the County's Executive Office; and WHEREAS, the negotiations resulted in the attached proposed Restated Interlocal Cooperation Agreement by which the parties propose to delineate their areas of responsibility with respect to the redevelopment of the City of South Miami Community Redevelopment Area; and WHEREAS, the attached Restated Interlocal Cooperation Agreement includes the following generally described provisions, among other provisions: • 50% of tax increment revenues for the existing and the newly added community redevelopment area will be paid to the SMCRA by the City and the County for authorized community redevelopment activities; annual rebates of 25% of the City's tax increment and 25% of the County's tax increment will be paid back to the City and County respectively, however, the County's rebate will only apply to the expanded redevelopment area • No social programs can be funded by the SMCRA • No debt can be issued by the SMCRA • The SMCRA will comply with all existing county guidelines as set forth in the Restated Interlocal Cooperation Agreement regarding community redevelopment agencies seeking a plan amendment or renegotiation of an interlocal, including those as set forth in County Resolution Nos. R-499-16 (board composition, procurement, community benefits, budget procedures etc.) • Priority redevelopment area projects are: o Pedestrian Bridge across U.S. Highway #1 0 57th Avenue/Red Road reconstruction o Sunset Drive reconstruction 0 58th Avenue Streetscape 0 70th Street Streetscape 2 Resolution No. 001-20-1118 o Other Downtown Streetscape Improvements o Affordable Housing o Townhomes on the Marshall Williamson homestead tract located in the vicinity of 60th Avenue and 64th Court/New Park Area o Small lot activation to make non -conforming vacant lots economically feasible for location of affordable housing o Marshall Williamson Building disposition • The SMCRA, with the boundaries as set forth in the City of South Miami Community Redevelopment Plan (2020), will exist for 10 years (11 fiscal years) WHEREAS, accordingly, it is requested that the SMCRA (1) approve and authorize the execution of the Restated Interlocal Cooperation Agreement between the SMCRA, the City and the County in substantially the form attached to this resolution and (2) request the City and the County to approve such agreement in substantially the form attached to this resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY THAT: Section 1. The foregoing recitals are incorporated in this resolution. Section 2. The SMCRA approves the proposed Restated Interlocal Cooperation Agreement related to the City of South Miami Community Redevelopment Agency in substantially the form attached to this resolution. Section 3. The SMCRA Chairperson and Executive Director are authorized to execute the Restated Interlocal Cooperation Agreement and the Executive Director is authorized to take any and all necessary and appropriate action to achieve the purposes of this resolution and make changes based on any County requirements. Section 4. The SMCRA requests that the City Commission of the City of South Miami and the Miami -Dade County Board of County Commissioners approve the proposed Restated Interlocal Cooperation Agreement; provided, however, that any substantial changes to the Restated Interlocal Cooperation Agreement that are proposed by Miami -Dade County after adoption of this resolution are subject to approval by the SMCRA and the City Commission at a subsequent meeting. Section S. This resolution is effective upon adoption. PASSED AND ADOPTED this 31d day of February, 2020. K, Resolution No. 001-20-1118 ATTEST: SECRETARY READ AND APPROVED AS TO FORM: Q- FE'NRAL COUN EI APPROVED: Board Vote: 4-3 Chairman Stoddard: Yea Vice Chairman Harris Yea Member Welsh: Nay Member Liebman: Nay Member Gil Nay Member Kelly: Yea Member Jackson: Yea Agenda Item No:1. Special South Miami Community Redevelopment Agency Agenda Item Report Meeting Date: February 3, 2020 Submitted by: Evan Fancher Submitting Department: Community Redevelopment Agency Item Type: Resolution Agenda Section: Subject: A resolution of the City of South Miami Community Redevelopment Agency (SMCRA) approving the proposed Restated Interlocal Cooperation Agreement related to the exercise of community redevelopment powers within the SMCRA Redevelopment Area; authorizing the Chairperson and the Executive Director of the SMCRA to execute the such agreement; recommending that the City Commission of the City of South Miami and the Miami -Dade County Board of County Commissioners approve the Restated Interlocal Cooperation Agreement; and authorizing the SMCRA Executive Director to take any and all necessary and appropriate action to achieve the purposes of this resolution. Suggested Action: Attachments: Interlocal Memo Pending PDF (2).pdf Interlocal Resolution Pending County.pdf TIF Projections at 50% (County Rebate ONLY on Expanded Area).pdf 10-Year (11 Fiscal Years) CRA Projections 50%.pdf Interlocal pending county.pdf b.. !a CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY •'� �I� OFFICE OF THE EXECUTIVE DIRECTOR '11RI SWRA INTER -OFFICE MEMORANDUM To: The Honorable Chairman & Members of the SMCRA Board From: Evan Fancher, Executive Director DATE: February 03, 2020 SUBJECT: A resolution of the City of South Miami Community Redevelopment Agency (SMCRA) approving the proposed Restated Interlocal Cooperation Agreement related to the exercise of community redevelopment powers within the SMCRA Redevelopment Area; authorizing the Chairperson and the Executive Director of the SMCRA to execute the such agreement; recommending that the City Commission of the City of South Miami and the Miami -Dade County Board of County Commissioners approve the Restated Interlocal Cooperation Agreement; and authorizing the SMCRA Executive Director to take any and all necessary and appropriate action to achieve the purposes of this resolution. BACKGROUND: Following the directive to complete the negotiations between the City, County, and South Miami Community Redevelopment Agency, the following terms have been agreed to pending any further changes by the County: • 50%TIF from the County and City into the SMCRA for 10 years. • A 25% rebate to the City on the full City Contribution (this takes the City contribution down to a net 25%TIF from the City). • A 25% rebate only on the expansion area paid to the County. Essentially, for every $2 the City contributes to the CRA, the County will Contribute $3. The County will contribute 60% of the CRAs revenues to spend exclusively within the City of South Miami. • A 10% administrative cap with no ability to spend money on any social programs and an exclusive focus achieving the priority projects the SMCRA Board approved in December 2019. • No debt can be issued at all. The final official numbers are being completed by the City's Chief Financial Officer and will be available at the meeting. The projects would complete the following objectives: o Invest in the downtown tax -base o Dispose of all SMCRA properties o Build affordable and mixed -income housing o Construct a new park preserving the trees at the Mango Lots 2 o Activate the small, non -conforming lots CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY OFFICE OF THE EXECUTIVE DIRECTOR INTER -OFFICE MEMORANDUM The County still reserves the right to make edits and finalize these terms. We are moving forward now due to the length of process that the County has to go through in order to get this finished before June 1. If there are any substantive changes to the agreement, they will be brought back to the SMCRA and City Commission. Meanwhile, I recommend that the SMCRA approves this agreement, pending any changes from the County. 3 Year Revenue County 50% Existing to the CKA Ponion @ Expansion at 50% 50% County Revenue Expansion at 50x Year e GRA It City & County at SOX 2020 827,007 $O $814,602 2020 $I,576.591 2021 966,475 $13.253 $866,532 2021 $1.677.098 2022 907,522 $27.036 $920.540 2022 $1.781.625 2023 1,076,217 $41.371 $1.100.824 2023 $2.130.S49 2024 1,195,657 $88.947 $1.265.335 2024 $2448.946 1,249.871 $124,426 $1.353,682 2025 $2619,935 1,306.253 $123.242 $1.408.OS3 2026 $2.725.164 d 1.364,891 $141,425 $1.483.721 2027 S2871,614 1.425,875 $160,335 $1.562.416 2028 $3.023.922 1.489.297 $180,01)1 $1,644,259 2029 $3,182.322 11.709.063 $900,037 $12.419.963 $24,037,768 Oq General Fund toss 11 S City GF Loss 11,617.804 City Rebate 1 904.451 GF Net loss 8.713.353 * The calcualtion of County 25% Rebate only on Extension has been requested by the SMCRA 10 10-Year (I I Fiscal Years) CRA Projections City 50% 14.249,734 Rnbte 3,S62.434 Na GF Loss 10.687.301 Revenue After Rebate $1.248.622 $1,332920 $1.602170 $1.848,563 $1,983.760 $2,069.486 $7.186,619 $3.308,436 $2435. 11.7 $2.566,885 $Z703,914 22.296.501 11 M SMCRA Interlocal — as amended by SMCRA 2/3/2020 RESTATED INTERLOCAL COOPERATION AGREEMENT RELATED TO THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) THIS INTERLOCAL COOPERATION AGREEMENT (Interlocal Agreement), made this day of , 2020, by and among Miami - Dade County, Florida, a political subdivision of the State of Florida (County), the City of South Miami, a municipal corporation under the laws of the State of Florida (City), and the City of South Miami Community Redevelopment Agency, a public body corporate created pursuant to Section 163.357, Florida Statutes (hereinafter, referred to as the SMCRA; and WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, which is presently codified in the Florida Statutes at Part III of Chapter 163, Sections 163.330 through 163.463, as amended, (Act); and WHEREAS, the Act provides "the governing body of any ...county which has adopted a home rule charter may, in its discretion, by resolution delegate the exercise of the powers conferred upon the county by [the Act] within the boundaries of a municipality to the governing body of such a municipality;" and WHEREAS, the Act further provides that "[s]uch a delegation to a municipality shall confer only such powers upon a municipality as shall be specifically enumerated in the delegating resolution;" and WHEREAS, as authorized by the Miami -Dade County Board of County Commissioners (County Commission), the City Commission of the City of South Miami (City Commission) by adoption of Ordinance No. 12-97-1633 on April 15, 1997, accepted a delegation of powers from the County Commission and created the SMCRA; and WHEREAS, upon request of the SMCRA, the City Commission approved the South Miami Community Redevelopment Plan by Resolution No. 247-97-10217, and subsequent Redevelopment Plan 1 SMCRA Interlocal — as amended by SMCRA 2/3/2020 amendments by Resolution No. 54-98-1032, Ordinance No. 01-05-1823, and Resolution No. 90-06-12231), all of which actions were approved by the County Commission; and WHEREAS, additionally, interlocal agreements delegating additional authority from the County to the City were approved and entered into by the SMCRA, the City and the County in and around July 1999, as amended at or around September 2006; and WHEREAS, at the request of the City and the SMCRA, the County Commission has approved the extension of the life of the SMCRA and the existing community redevelopment area, as well as the expansion of the redevelopment area boundaries of the SMCRA as set forth in the amended City of South Miami Community Redevelopment Agency Redevelopment Plan (2020) (Amended Redevelopment Plan or Plan); and WHEREAS, accordingly, it is necessary to renegotiate a current interlocal cooperation agreement between the SMCRA, the City and County and restate said agreement, in connection with the approved extension and expansion; and WHEREAS, the County Commission, in accordance with the Act, wishes to delegate certain powers conferred on the County Commission to the City and the SMCRA to implement the Amended Redevelopment Plan for the redevelopment area, as described in such plan (Redevelopment Area); and WHEREAS, the County, City and the SMCRA desire to delineate their areas of responsibility with respect to the redevelopment of the redevelopment area, as described in such plan; and WHEREAS, on , the County Commission also enacted Ordinance No. on , which among other things, established a trust fund ("Fund" or "Trust Fund") to fund improvements in the Redevelopment Areal 2 SMCRA Interlocal — as amended by SMCRA 2/3/2020 NOW, THEREFORE, in consideration of the premises and the mutual covenants recorded herein, the County, the City and the SMCRA agree as follows: I. Delegation of Powers A. With the exception of the community redevelopment powers that continue to vest in the County Commission pursuant to Section 163.358, Florida Statutes, the SMCRA shall have the right and sole responsibility to exercise the following redevelopment powers specifically delegated by the County Commission pursuant to the Act: (1) The power to make and execute contracts and other instruments necessary or convenient to the exercise of its powers pursuant to the Act. (2) The power to disseminate information regarding slum clearance and community redevelopment. (3) The power to undertake and carry out community redevelopment and related activities within the Redevelopment Area, which redevelopment may include: (a) Acquisition of a slum area or a blighted area or portion thereof by purchase, lease, option, gift, grant, bequest, devise, or other method of acquisition; (b) Demolition and removal of buildings and improvements; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas of major hotels that are constructed in support of convention centers, including meeting rooms, banquet facilities, parking garages, lobbies, and passageways, and other improvements necessary for carrying out in the Redevelopment Area the community redevelopment objectives of the Act in accordance with the Plan; 3 SMCRA Interlocal — as amended by SMCRA 2/3/2020 (d) The power to dispose of any property acquired in the Redevelopment Area at its fair value as provided in S. 163.380 for uses in accordance with the Plan; (e) The power to proscribe a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the Plan; (f) The power to acquire real property in the Redevelopment Area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition which, under the Plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property, or otherwise put to use for the public good as set forth in the Plan; (g) The power to acquire any other real property in the Redevelopment Area by purchase, lease, option, gift, grant, bequest, devise, or other method of acquisition when necessary to eliminate unhealthful, unsanitary or unsafe conditions; eliminate obsolete or other uses detrimental to the public welfare; or otherwise to remove or prevent the spread of blight or deterioration or to provide land for needed public facilities; (h) The power to acquire, without regard to any requirement that the area be a slum or blighted area, air rights in an area consisting principally of land over highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income; 4 SMCRA Interlocal — as amended by SMCRA 2/3/2020 (i) The power to construct the foundations and platforms necessary for the provision of air rights sites of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. (4) The power to provide, or to arrange or contract with the City of South Miami for, the furnishing or repair by any qualified, licensed person or agency, public or private, of services, privileges, works, streets, roads, bridges, public utilities, or other facilities for, or in connection with, a community redevelopment plan, unless the facility is owned solely by the SMCRA; to install, construct, and reconstruct streets, bridges, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it deems necessary and appropriate, which are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out the Plan and related activities, and to include in any contract authorized by the SMCRA in connection with such redevelopment and related activities, provisions to fulfill such of the conditions as it deems reasonable and appropriate; (5) The power to enter into any building or property in the Redevelopment Area in order to make inspections, surveys, appraisals, soundings, test borings, or contamination tests, with the permission of the owner or owners and to request an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; (6) The power to acquire by purchase, lease, option, gift, grant, bequest, devise or otherwise any real property within the redevelopment area (or personal property for its administrative purposes), together with any improvements thereon; 5 SMCRA Interlocal — as amended by SMCRA 2/3/2020 (7) The power to hold, improve, clear or prepare for redevelopment any property within the redevelopment area acquired by the SMCRA; (8) The power to mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property within the redevelopment area; (9) The power to insure or provide for the insurance of any real or personal property within the redevelopment area or operations of the SMCRA against any risks or hazards, including the power to pay premiums on any such insurance; (10) The power to enter into any contracts necessary to effectuate the purposes of the Plan; (11) The power to solicit requests for proposals for redevelopment of parcels of real property within the redevelopment area contemplated by the Plan to be acquired for redevelopment purposes by the SMCRA and, as a result of such requests for proposals, to advertise for the disposition of such real property to private persons or entities pursuant to Section 163.380, Florida Statutes, prior to acquisition of such real property by the SMCRA; (12) The power to invest any community redevelopment funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control and to redeem such bonds as have been issued pursuant to Section 163.385, Florida Statutes, at redemption price established therein or to purchase such bonds at less than the redemption price, all such bonds so redeemed or purchased to be canceled; Additionally, the SMCRA shall have the power to apply for and accept grants, contributions, and any other form of financial assistance from the Federal Government or the 6 SMCRA Interlocal — as amended by SMCRA 2/3/2020 state, county, or other public body or from any sources, public or private, for the purposes of the Act and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the Federal Government for or with respect to community redevelopment and related activities such conditions imposed pursuant to federal laws as the SMCRA deems reasonable and appropriate which are not inconsistent with the purposes of the Act or+ the Plan.; (13) The power to make or have made all surveys and plans necessary to the carrying out of the purposes of the Act; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not limited to: (a) Plans for carrying out a program of voluntary or compulsory repair and rehabilitation or buildings and improvements; and (b) Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements: and (c) Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of community redevelopment and related activities; and (14) The power to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new `7 SMCRA Interlocal — as amended by SMCRA 2/3/2020 or improved means of providing housing for families and persons of low income; and (15) The power to apply for, accept, and utilize grants of funds from the Federal Government for such purposes; and (16) The power to prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and others) displaced from the Redevelopment Area and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government; and (17) The power to appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Plan; to make a request to rezone any part of the City or the County or make exceptions from, or revisions to, building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such county or municipality pursuant to any of the powers granted by the Act; a n d (18) The power to make a request to close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and to plan or replan any part of the City or the County; and (19) The power to provide funding to support the development and implementation of community policing innovations, subject to any budgetary limitations set forth in this Agreement; and (20) The right to exercise any other power, except borrowing, that the Florida Legislature grants to community redevelopment agencies after the date of this Interlocal 8 SMCRA Interlocal — as amended by SMCRA 2/3/2020 Agreement, subject to approval of the exercise of such power by the City Commission, and if approved by the City Commission, subsequent approval by Miami Dade County. (21) Nothing in this Agreement is intended to prohibit the City and the SMCRA from exercising their respective powers as set forth in Section 163.400, except as limited herein. B. The following powers may not be paid for or financed by increment revenues: (1) Construction or expansion of administrative building for public bodies or police and fire buildings, unless each taxing authority agrees to such method of financing for the construction or expansion, or unless the construction or expansion is contemplated as part of a community policing innovation. (2) Installation, construction, reconstruction, repair or alteration of any publicly owned capital improvements or projects, if such projects or improvements were scheduled to be installed, constructed, reconstructed, repaired, or altered within three years of the approval of the community redevelopment plan by Miami -Dade County pursuant to a previously approved public capital improvement or project schedule or plan of Miami -Dade County as the governing body which approved the community redevelopment plan unless and until such projects or improvements have been removed from such schedule or plan of Miami -Dade County and three years have elapsed since such removal or such projects or improvements were identified in such schedule or plan to be funded, in whole or in part, with funds on deposit within the community redevelopment trust fund. (3) General government operating expenses unrelated to the planning and carrying out of the community redevelopment plan. SMCRA Interlocal — as amended by SMCRA 2/3/2020 II. Miami -Dade County or Other Taxing Authority Representation Pursuant to section 163.357(1) (d), Florida Statutes, one member of the County Commission or a County Commission designee may be appointed to serve on the SMCRA's Board (in addition to the other members appointed to the SMCRA Board of Commissioners (SMCRA Board) pursuant to section 163.357(1) (c), Florida Statutes. Said County Commissioner or designee shall be vested with the same rights, duties and obligations as any other SMCRA Board member. Said membership on the SMCRA's Board shall be considered an additional duty of office as prescribed by section 163.357(1) (d) of the Florida Statutes. Such appointment by the County Commission shall be immediate and will become part of the SMCRA's Board without requiring further action from the SMCRA. III. Implementation of the Plan A. The redevelopment powers listed in Section I herein may be exercised only with respect to the Redevelopment Area and only with respect to the Plan as approved by the County Commission, together with any supplements or amendments to the Plan, provided that any amendments and supplements to the Plan must also be approved by the County Commission. Notwithstanding anything in the Plan to the contrary, it is agreed that the Plan as approved by the County Commission pursuant to Resolution R- is approved and effective through the last day of FY 2029-2030. B. For purposes of this Interlocal Agreement, tax increment funds are such funds or revenues as defined by 163.387(1) (a). No more than fifteen percent (15%) of the tax increment funds deposited annually into the Trust Fund shall be used for total administrative expenses allowable by the Act (including indirect and overhead expenses (accounting, purchasing, etc) which may not exceed six percent (6%) of the total contemplated administrative expenses to be spent under the Plan). Administrative expenses include all compensation, including benefits, paid to or for the SMCRA's Director and its employees. All expense items chargeable 10 SMCRA Interlocal — as amended by SMCRA 2/3/2020 to the fifteen percent (15%) administrative expense cap shall be shown as individual line items in the annual budget prepared by the SMCRA and submitted to the Board with sufficient detail on individual salaries, etc. The County shall charge, and the SMCRA shall pay to the County, no later than March 31, an annual administrative fee ("County Administrative Fee"). This County Administrative Fee shall be 1.5% of the County's payment to the SMCRA. The County Administrative Fee shall not be included in the 15% limit on administrative expenses defined in this section. D. The City and the County hereby agree to contribute fifty percent 50% of the tax increment funds derived from the Redevelopment Area on an annual basis. Notwithstanding any provision of this Interlocal Agreement, the City and the County understand and acknowledge that 2020 is the base year for purposes of calculating the tax increment derived from the expanded redevelopment area added by the amended City of South Miami Community Redevelopment Agency Redevelopment Plan (2020). E. In each year in which the County shall make the tax increment fund contribution required by paragraph III (D) of this Interlocal agreement, the SMCRA budget for expenditures funded by tax increment fund revenues shall be capped, so that 25% of the tax increment funds in the expanded area of the County's tax increment fund contribution (the Transportation TIF) shall remain un-appropriated and un-expended, (County Rebate Amount), and the SMCRA shall on an annual basis before the end of each fiscal year pay the County Rebate Amount to the County. F. In each year in which the City shall make the tax increment fund contribution required by paragraph III (D) of this Interlocal agreement, the SMCRA budget for expenditures funded by tax increment fund revenues shall be capped, so that 25% of the City's tax increment fund contribution shall remain un-appropriated and un- expended (City Rebate Amount), and the SMCRA shall on an annual basis before the end of each fiscal year pay the City Rebate Amount to the City for purposes of the City's appropriation of this revenue to the City general fund each year. 11 SMCRA Interlocal — as amended by SMCRA 2/3/2020 G. No social programs shall be funded by the SMCRA. However, this prohibition is not intended to apply to infrastructure or bricks -and -mortar projects which fiscally and socially benefit the SMCRA, nor does this prohibition prevent the SMCRA from promoting the SMCRA or carrying out any function it is authorized to carry out by the Redevelopment Plan and this Agreement, as may be amended. Notwithstanding any provision of this Agreement, the SMCRA agrees that it shall not exercise any community redevelopment authority under the Act, in particular, asking for any rezoning or other land use changes with respect to City Hall property located at 6130 Sunset, Dirve. H. The City and the SMCRA designate the projects delineated in this paragraph as priority projects to be constructed or financed at the expense and priority of any other proposed expenditure excluding administrative costs as limited above. Certain of these priority projects are substantially or wholly located in the Commercial Core, as depicted in a map approved by City Commission Resolution No. 058- 18-15091 (attached hereto) and are more specifically described subsequently, as necessary, in the Redevelopment Plan. The SMCRA shall develop and adopt its annual budgets, subject to approval by City Commission and the County Commission, and carry out its work recognizing the priority status of these projects: • Pedestrian Bridge across U.S. Highway # 1 • 57th Avenue/Red Road Reconstruction • Sunset Drive reconstruction • 58th Avenue Streetscape/70th Street Streetscape • Other Downtown Streetscape Improvements • Affordable Housing • Townhomes on the Marshall Williamson homestead tract located in the vicinity of 60th Avenue and 64th Court/New Park Area • Small Lot Activation to make non -confirming vacant lots economically feasible for location of affordable housing • Marshall Williamson Building Disposition 12 SMCRA Interlocal — as amended by SMCRA 2/3/2020 I. The SMCRA shall use its best efforts to ensure that the staffing of the SMCRA reflect the racial and ethnic diversity of the SMCRA area, in accordance with applicable law. IV. City/County Coordination A. The County Mayor or the County Mayor's designee shall designate a Redevelopment Area Coordinator (Redevelopment Area Coordinator) . The Redevelopment Area Coordinator shall serve as the County's liaison to the SMCRA for the Redevelopment Area. The Redevelopment Area Coordinator shall carry out the day-to-day County responsibilities for the Redevelopment Area and shall be the designated person to receive all data and reports pertaining to the Plan. Additionally, the SMCRA shall deliver copies of all SMCRA agendas and agenda items to the Redevelopment Area Coordinator prior to each SMCRA meeting. Additionally, on a yearly basis the SMCRA shall transmit to the County a copy of the SMCRA's annual report and certified financial statements. B. The SMCRA shall be responsible for implementing and conforming to the Plan, acquisition, disposition and relocation activities, coordination and implementation of the design and construction of public improvements necessary to support the redevelopment of the Redevelopment Area, and such other projects and activities as are contemplated by the Plan. The SMCRA shall deliver copies of all accepted proposals for the Redevelopment Area to the Redevelopment Area Coordinator. C. All proposals related to amendments to the Plan shall be subject to review and approval first by the City Commission and then by the County Commission. No such amended Plan shall be considered approved until the SMCRA Board, the City Commission and the County Commission have taken official legislative action in accordance with the Act approving the Plan amendment. The Redevelopment Area Coordinator shall submit all proposals related to amendments to the Plan to the County for review and recommendation and the Mayor or the Mayor's designee shall submit 13 SMCRA Interlocal — as amended by SMCRA 2/3/2020 said recommendation to the County Commission for its final approval. The Redevelopment Area Coordinator shall review all proposals prior to review by the County and the County Commission. D. After approval by the SMCRA's Board and the City Commission of the City of South Miami, the annual budget and progress report shall be submitted to the County in a format approved by the County with sufficient detail including a description of any proposed project, grant, loan or any other project anticipated to be funded by the SMCRA in that fiscal year. Additionally, the budget shall include a section outlining the accomplishments of the prior fiscal year. The annual budget for the SMCRA and the Redevelopment Area shall be subject to review and approval by the County Commission. The annual budget shall be submitted to the County no later than October 15th of each fiscal year. No funds on deposit in the Fund may be expended by the SMCRA based on the new budget until the annual budget has been approved by the City Commission and then the County Commission. However, as long as the SMCRA's annual budget which has been adopted and approved in compliance with the terms of this Interlocal Agreement is submitted to the County no later than October 15th, the SMCRA may continue to make expenditures provided they do not exceed the fund appropriation in the previous year budget. However, if expected revenue decreases from the previous fiscal year, the prior budget fund appropriation shall be reduced accordingly for the purpose of limiting expenditures until the new budget is approved by the County. At the request of the County, the SMCRA shall submit additional progress reports on the Plan and Redevelopment Area activities. The annual budget must be accompanied by official legislation from the SMCRA and the City approving the budget and including a statement that all SMCRA expenses are in accordance with the approved Plan and State law. The City shall transmit such legislation to the County. E.. Should the SMCRA Board, the City Commission and the County Commission approve and/or adopt any amendments and modifications to the Plan, such amendments and modifications shall become a part of the Plan and the powers delegated to the SMCRA pursuant to this Agreement shall be exercisable with respect to such amendments and modifications. 14 SMCRA Interlocal — as amended by SMCRA 2/3/2020 V. SMART Plan Funding. A. The Transportation TIF Amount shall be the amount equal to 25 percent of the amount of countywide TIF as defined in this Interlocal Agreement. The Transportation TIF Amount shall be deposited into the SMCRA's Fund each year for redevelopment of properties in the Redevelopment Area pursuant to County Commission Resolution No. . VI. land Disposition Any disposition of land by the SMCRA shall be accomplished in accordance with applicable provisions of federal, State and local laws, Plan and this Agreement pursuant to the Act. VII. Project Financing A. The City, either directly or through the SMCRA shall establish and maintain the Fund, as required by applicable law. B. The City, either directly or through the SMCRA, shall develop and promulgate rules, regulations and criteria whereby the Fund may be promptly and effectively administered, including the establishment and the maintenance of books and records and adoption of procedures whereby the SMCRA may expeditiously and without undue delay, utilize such funds in accordance with the County Commission approved budget for the Redevelopment Area. C. On the last day of the fiscal year of the SMCRA, any money which remains in the Fund shall be disbursed in accordance with Florida Statute Section 163.387 or other applicable provision of law in the Act. Notwithstanding any provisions of this Interlocal Agreement, the SMCRA represents that it shall not issue bonds, notes or other indebtedness, and advances pledging or obligating tax increment revenues, as the SMCRA plans to use tax increment fund revenues to 15 SMCRA Interlocal — as amended by SMCRA 2/3/2020 pay for redevelopment projects on a pay-as-you-go basis, as revenues become available. VIII. Community Benefits Agreements, Contracting and Procurement, A. Community Benefits Agreement. All entities or contractors contracting with or receiving grants from the SMCRA for new commercial and residential developments to be constructed within the Redevelopment Area in an amount of $200,000.00 or more, or such other amount as may be established by the County Commission, shall enter into a community benefits agreement with the SMCRA which will benefit primarily the residents of the Redevelopment Area. To the extent allowed by law, a community benefits agreement shall include provisions for hiring the qualified labor workforce for the project financed by the grant or agreement from residents of the Redevelopment Area that are qualified but unemployed or underemployed. Depending on the worker or employee to be hired, the SMCRA will be required to ensure that such entity or contractor complies with wage requirements, as applicable, established by Miami -Dade County's Living Wage or Responsible Wage Ordinances, pursuant to Section 2-8.9 and 2-11.16, respectively, of the Code of Miami -Dade County, Florida (the "Code") or pay higher wages and benefits, as are feasible. B. Contract Requirements. All entities or contractors contracting with or receiving a grant from the SMCRA in an amount of $500,000.00 or more, or such other amount as may be established by the County Commission, shall comply with the following Miami - Dade County ordinances contained in the Code, as may be amended, as if expressly applicable to such entities: (1) Small Business Enterprises (Section 2-8.1.1.1.1 of the Code); (2) Community Business Enterprises (Section 2-10.4.01 of the Code); (3) Community Small Business Enterprises (Section 10-33.02 of the Code; 16 SMCRA Interlocal — as amended by SMCRA 2/3/2020 (4) Conflict of Interest and Code of Ethics Ordinance (Section 2-11.1 of the Code); and/or (5) Living Wage Ordinance C. Procurement. Pursuant to Section 163.370(5), Fla. Stats., the SMCRA shall procure all commodities and services under the same purchasing processes and requirements that apply to the City which created the SMCRA, including provisions of the City Charter and any procurement ordinances, as modified to reflect that such requirements are applicable to the SMCRA. IX. Recovery of Grant Funds The SMCRA shall include in their contracts or grant agreements a "clawback" provision that will require the SMCRA or the City to "claw back" or rescind and recover funding from any entity or contractor to which it provides funding which does not substantially comply with the provisions of its agreement with the SMCRA by demanding repayment of such funds in writing, including recovery of penalties or liquidated damages, to the extent allowed by law, as well as attorney's fees and interest, and pursuing collection or legal action, to the fullest extent allowable by law, if feasible. X. Required Reasonable Opportunity to Be Heard and Project Related Findings A. The SMCRA shall delegate authority to its Director or his or her designee to oversee projects and shall set the amount of the Director's or designee's expenditure authority at or below five thousand dollars. If the SMCRA proposes to fund a proposed new or rehabilitated commercial or residential project and such project amount is above the Director's authority for approval thus requiring approval of the SMCRA, a duly noticed public meeting must be held where the public has a reasonable opportunity to be heard, and a finding by the SMCRA Board must be made that: 17 SMCRA Interlocal — as amended by SMCRA 2/3/2020 (1) The proposed project or program will primarily and substantially benefit residents or business owners within the Redevelopment Area for the purpose of raising the viability and strength of the community within the SMCRA boundary. (2) The non-public entity or contractor requesting funding may, with authorization of the SMCRA Board, use the SMCRA's funds to fill in any financial gaps when all other funding has been identified for the project and that, but for the SMCRA's funding, the project cannot be undertaken. XI. Safeguards for Residents from Displacement and Affordable Housing In the event the SMCRA funds a redevelopment project authorized by the Plan that will temporarily or permanently displace persons (including individuals, families, business concerns, nonprofit organizations and others) located in the Redevelopment Area, the SMCRA shall prepare or caused to be prepared a relocation plan to assist in the relocation of such persons and shall make any required relocation payments under the Act and applicable laws and regulations. It is expressly understood that the SMCRA may fulfill the obligations as set forth in this paragraph by causing the developer or developers undertaking approved redevelopment activities to propose the required redevelopment plan and fund relocation payments, on its behalf, subject to approval of such plan and payments by the SMCRA Board. Further, the SMCRA shall make or provide for at least a "one -for - one" replacement of each public housing unit demolished pursuant to a redevelopment project to ensure that such demolished unit is replaced by a new comparable, public housing unit. However, the before -mentioned requirement shall not apply to substandard public housing that has been declared unsafe by a governmental entity and subsequently demolished. Individuals and families who are displaced from public housing units have a right of first refusal to return to 18 SMCRA Interlocal — as amended by SMCRA 2/3/2020 comparably priced public housing units located within the Redevelopment Area provided the affected persons keep the SMCRA advised of their current address at all times. XII. Project Management, Administration and Coordination A. The SMCRA, shall consider any reasonable request by the County with respect to implementing any plan of action related to the Plan. The SMCRA shall develop implementation schedules and timetables for all significant Redevelopment Area activities as determined the SMCRA, copies of which shall be delivered to the Redevelopment Area Coordinator beginning six months from the date of this Agreement. The SMCRA shall also deliver additional interim reports to the County upon request. (1) The Redevelopment Area Coordinator shall receive from the SMCRA advance notice of all public meetings related to development of projects pursuant to this Agreement and on a regular basis, information regarding the progress of all such development through the design and construction of such projects. (2) During construction, the County shall have the right to attend all such public meetings and inspect the projects being developed at all reasonable times subject to reasonable restrictions imposed by the contractor. (3) The City or the SMCRA shall consult regularly with the County's Redevelopment Area Coordinator in order to keep the County reasonably informed throughout the duration of the planning, design and construction of such redevelopment projects. The City or the SMCRA shall be required to have an outside independent audit on an annual basis to monitor and investigate compliance with the terms of this Agreement. The right of the auditor to investigate, monitor, inspect, copy, review, verify and 19 SMCRA Interlocal — as amended by SMCRA 2/3/2020 check operations and records of the SMCRA shall include, but not be limited to, all of its employees, consultants, agents or authorized contractors and subcontractors, as well as, all administrative and operational facilities used by the SMCRA and the County in connection with all matters arising under this Agreement. Records include, but are not limited to, construction, financial, correspondence, instructions, memoranda, bids and contract documents, as well as all other records pertaining to the planning, development and construction of projects pursuant to this Agreement. Any rights that the County has under this provision shall not be the basis for any liability to accrue to the County from the SMCRA or third parties for such monitoring or investigation or for the failure to have conducted such monitoring or investigation. XII. Indemnification The City and SMCRA shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the City and SMCRA or its employees, agents, servants, partners principals or subcontractors. The SMCRA, on its behalf and on behalf of the City, shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be issued thereon. The City shall be responsible for such expenditures in the absence of the SMCRA, provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the City and SMCRA shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000.00 or any claim or judgment or portions thereof, which, when totaled with all other 20 SMCRA Interlocal — as amended by SMCRA 2/3/2020 claims or judgment payable by the City or SMCRA arising out of the same incident or occurrence, exceed the sum of $300,000.00 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the SMCRA. XIII. Inspector General Review and Ethics Training A. The County shall have the right to retain, at its sole cost, the services of an independent private sector inspector general whenever the County deems it appropriate to do so, in accordance with Miami -Dade County Administrative Order No. 3-20. Upon written notice from the County, the SMCRA shall make available to the independent private sector inspector general retained by the County all requested records and documentation for inspection and reproduction. Additionally, the SMCRA shall submit to the County's Inspector General's review in accordance with Section 2-1076 of the Code. The County's Inspector General shall be empowered to review the SMCRA's past, present and proposed contracts, transactions, accounts, records, agreements and programs and audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to, project design, specifications, proposal submittals, activities of the SMCRA, its officers, agents and employees, lobbyists, staff and elected officials to ensure compliance with contract specifications and to detect any fraud and/or corruption. B. The SMCRA agrees to comply with Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance (Section 2-11.1 of the Code). Additionally, upon their appointment or reappointment, all SMCRA Board members, all of the SMCRA's advisory boards, and the persons who staff the SMCRA Board or the SMCRA's advisory boards shall be required to complete ethics training to be conducted by the Miami -Dade Commission on Ethics and Public Trust and comply with any other ethics training requirements imposed by law. XIV. Miscellaneous 21 SMCRA Interlocal — as amended by SMCRA 2/3/2020 A. Third Party Beneficiaries. None of the parties intend to directly or substantially benefit any third party by this Agreement. Therefore, the parties agree that there are no third -party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. B. Construction of Agreement. All parties have substantially contributed to the drafting and negotiation of this Agreement and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. The parties hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. C. Jurisdiction. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Miami -Dade County, Florida; D. Severance. Should any clause or provision of this Agreement be determined to be illegal, invalid or unenforceable under any present or future law by final judgment of a court of competent jurisdiction, the remainder of this Agreement will not be affected thereby. It is the intention of the parties that if any such provision is held to be illegal, invalid or unenforceable, there will be added in lieu thereof a legal, valid and enforceable provision that is as similar as possible in terms to the illegal invalid or unenforceable provision, which is agreed to by all parties. E. Waiver. No consent or waiver by a party to, or of, any breach, or default, by the other party in the performance by such other party of its obligations under this Agreement will be deemed or construed to be a consent or waiver to, or of, any other breach or default in the performance by such other party of the same or any other obligations of such other party hereunder. No action or inaction 22 SMCRA Interlocal — as amended by SMCRA 2/3/2020 shall be construed as a consent or waiver and all consents and waivers must be in writing signed by the party against whom enforcement of the consent or waiver is sought. Failure by a party to complain of any act, or inaction, of the other party or to declare the other party in default, irrespective of how long such failure continues, will not constitute a waiver by such party of it rights hereunder. The giving of consent by a party in any one instance will not limit or waive the necessity to obtain such party's consent in any future instance. F. This Agreement may be amended only by the written agreement signed by the SMCRA, the City, and the County. G. This Agreement, or any part thereof, is not assignable by the SMCRA without the express written consent of the County. H. The recitals in this Agreement are incorporated in the Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 23 SMCRA Interlocal — as amended by SMCRA 2/3/2020 IN WITNESS WHEREOF, the parties hereto caused this Agreement 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. CITY OF SOUTH MIAMI in Mayor ATTEST 31 City Clerk Approved for form and legal sufficiency 0 City Attorney MIAMI-DADE COUNTY a Carlos A. Gimenez Mayor ATTEST AV Deputy Clerk Approved for form and legal sufficiency as Assistant County Attorney 24 SMCRA Interlocal — as amended by SMCRA 2/3/2020 CITY OF SOUTH MIAMI REDEVELOPMENT AGENCY Dal 0 Chairperson Executive Director ATTEST: 0 Secretary Approved for form and legal sufficiency am SMCRA Attorney 25