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02-12-07City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying. activitles ` to register with the City .Clerk and pay an annual fee ;of $125 00. :This applies to'all persons who. are retained (whether paid or not) to represent a business entity or, organization to influence "City" .action. "City" action is broadly 'described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi- judicial and administrative action. It does not apply to not- for = profit organizations, local chamber .and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: i ATTORNEY'S FEES.FOR LOTT & LEVINE, P.A., FOR INVOICES DATED FEBRUARY 6, •2007 IN THE TOTAL _AMOUNT OF $14,292.04; CHARGING THE..AMOUNT $14,292.04 TO ACCOUNT NO. 610- 1110 -583 - 61 -10, LAND ACQUISITION ACCOUNT; AND PROVIDING AN.EFFECTIVE DATE. RESOLUTIONS 6. A RESOLUTION OF THE CITY. OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING TO STRUCTURE OF HE AGENCY; RESCINDING PROSPECTIVELY THE SMCRA MAY 10,. 2000 MOTION TO APPOINT THE CITY. MANAGER AS THE;. EXECUTIVE DIRECTOR 'OF THE SMCRA; CREATING.THE NEW POSITION.. OF: SMCRA DIRECTOR WHICH POSITION SHALL' BE INDEPENDENT OF THE, CITY MANAGER POSITION; AND PROVIDING AN`EFFECTIVE.DATE. 7. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING.TO AFFORDABLE HOUSING CONSTRUCTION; AUTHORIZING AN AMENDMENT TO AN EXISTING.SMCRA IMPOSED DEED RESTRICTION IMPOSED. ON PROPERTIES CONVEYED. TO HABITAT-. OF HUMANITY AND. LOCATED AT 6016 SW 63pm STREET, FOLIO NO. 09 4025- 010 - 0830 AND 6350 SW 607H STREET, FOLIO NO. 09.- 4025 - 010- 0820; AND PROVIDING AN EFFECTIVE .DATE. 8. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA), RELATING. TO. FINANCIAL .AUDIT SERVICES,. AUTHORIZING THE SMCRA. DIRECTOR TO ENTER INTO CONTRACT FOR AUDITING SERVICES WITH.THE FIRM OF CABALLERO. &.CASTELLANOS, P.A. FOR THE PURPOSE OF AUDITING CRA FUND FINANCIAL TRANSACTIONS, IN AN AMOUNT NOT TO EXCEED $7,000, FROM ACCOUNT NUMBER 610 -1110- 554 -34 -15 (AUDIT ACCOUNT); AND PROVIDING AN EFFECTIVE DATE.:. ..9.. A RESOLUTION OF THE. SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING TO EMPLOYMENT TRAINING;.AUTHORIZING THE .SMCRA DIRECTOR TO ENTER INTO AG_REEMENT'WITH'THE SOUTH FLORIDA CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS. OF AMERICA FOR GRANT FUNDING IN AN AMOUNT NOT TO EXCEED $22,500..FOR EMPLOYMENT TRAINING AND JOB PLACEMENT ,SERVICES FOR ELIGIBLE SOUTH MIAMI CRA RESIDENTS_; AND ,PROVIDING AN EFFECTIVE DATE. PLEASESTAKE NOTICE ;THATSECTION`2r2 I (k)(2) OF nTHEwCODE OFORDINANCES xma...> ,xx w w ._.�, PROVIDESTHAT "ANi'UPERSON MAKING PERSONAL,IMPERTINENT, ORSLANDEROTISREMARKS ORWHOSHALL EECOMEBOI3TEROUS WHILE' ADDRESSING 'zTHECOMMISSION£SHALLSE FORTHWITH �BAF�REDFROMFURTHER �rAUDIENCE �BEFORETHE Z�COUNC.ILa'BY n THE PRESIDING . OFFICEF2 UNLESSPERMISSION�; TOCONTINUE�BE ,GRANTED`BYA�MAJORITYVOTEOFTHE COIA2ISSION r" COMMUNITY REDEVELOPMENT AGENCY 4 AGENDA February '12, 2007 SMCRA' 3001 Making our Neighborhood a Great Ploce to Live, Work and Play" To: Honorable Chair and Date: February 12, 2007 SMCRA Board Members From: Yvonne Soler- McKinley ITEM No. At SMCRA Executive Direct SMCRA MONTHLY EXPENDITURE REPORT The prior monthly expenditure reports were not available at the time of printing this agenda. Attachments; YSM /SD MCGRUFFIPLANNINGIC R AISMCRA Monthly Expediture Report.doc Aq- Ilalerk�Cla AN 2001 'Making our Neighborhood a Creat Place to Live Work and PIW To: Honorable Chair and Date: February 12, 2007 SMCRA Board Members � From: Yvonne Soler - McKinley. I ITEM No. 4ab SMCRA Executive Direc r COUNTY COMMISSION BUDGETACTION— FY06107 A Miami -Dade County hearing was held on February 6, 2007 to vote on the SMCRA 06/07 Budget (See Exhibit A). During the February 6th County Commission Meeting, the 06/07 Budget was unanimously approved by the County Commission. The Budget was previously recommended for approval by the Miami -Dade Tax Increment Financing (TIF) Committee and Community Empowerment and Economic Revitalization (CEERC) Committee. Attachments: February 6, 2007 County Agenda YSM /SD MCGRUFFIPLANNINGIC R A\TIF County Commission Budget Action.doc EXHIBIT A OFFICIAL AGENDA Tuesday, February 6, 2007 As Advertised, Commission . Chambers BOARD OF'COUNTY COMMISSION MIAMI -DADS COUNTY, FLORIDA COMMISSIONERS 117 NW 1 STREET MIAMI, FLORIDA 33128 Board of County Commissioners OFFICIAL AGENDA Tuesday, February 6, 2007 8K1 C 070046 Resolution RESOLUTION RECOMMENDING THAT CONFIDENTIAL PROJECT #07 -00117 BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO FLORIDA STATUTES S- 288.106, CONFIRMING THAT THE COMMITMENTS OF LOCAL FINANCIAL SUPPORT NECESSARY FOR CONFIDENTIAL PROJECT #07 -00117 EXIST; AND PROVIDING AN APPROPRIATION OF UP TO $90,000 FROM GENERAL REVENUE FUNDS AS LOCAL PARTICIPATION IN THE STATE OF FLORIDA QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEARS 2008, 2009, 2010, 2011, 2012, 2013 OR OVER A TIME PERIOD AS DETERMINED BY THE STATE OF FLORIDA IN ITS APPROVAL OF CONFIDENTIAL PROJECT #07 -00117 APPLICATION WITH THE PROVISO THAT ANY TAX ABATEMENT GRANTED TO CONFIDENTIAL PROJECT #07 -00117 UNDER FLORIDA STATUTE 196.1995 REDUCES ANY QUALIFIED TARGET INDUSTRY TAX REFUND TO CONFIDENTIAL PROJECT #07 -00117 BY THE AMOUNT OF ANY SUCH TAX ABATEMENT GRANTED, IN COMPLIANCE WITH FLORIDA STATUTE 288.106(5)9(C); AND PROVIDING FOR AN EFFECTIVE DATE (Office of Community and Economic Development) 1/16/2007 Forwarded to BCC with a favorable recommendation by Community Empowerment & Econ. Revitalization Cmte. Passed 4 - 0 8L OFFICE OF STRATEGIC BUSINESS MANAGEMENT 8L1 A 8L1 B 070013 Resolution RESOLUTION APPROVING THE BUDGET FOR FISCAL YEAR 2006 -07 FOR SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (Office of Strategic Business Management) 111612007 Forwarded to BCC with a favorable recommendation by Community Empowerment & Econ. Revitalization Cmte. Passed 4 - 0 070018 Resolution RESOLUTION APPROVING THE BUDGET FOR FISCAL YEAR 2006 -07 FOR HOMESTEAD COMMUNITY REDEVELOPMENT AGENCY (Office of Strategic Business Management) 111612007 Forwarded to BCC with a favorable recommendation by Community Empowerment & Econ. Revitalization Cmte. Passed 4 - 0 Page 34 of S2 Meeting Key 2207- Printed on 2IS12007 2001 '1111."SMCRA"*� k ahm,. cur F %J;ihbo hoa c G i- , a cc to Work ar d Mrjy' To: Honorable Chair and SMCRA Board Members From: Yvonne Soler- McKinley SMCRA Acting Executive hector BACKGROUND Date: February 12, 2007 ITEM No. a co MOBLEYBUILDING RENOVATION STATUS During the 05/06 budget approval, a Mobley Building utilization plan was approved as part of the final budget package (See Exhibit A). During the November 13, 2006 Meeting, the Board authorized the Executive Director to enter into contract with Russell Partnership Inc. to provide architectural design and construction management services for building renovation. The approved contract included a second floor in one bay only, elevator construction and new mezzanine. The approved uses for the four existing building bays included the following: 1. A — Incubator (2- Story) 2. B — Apprenticeship Program 3. C — Parks and Recreation/Storage 4. D — Parks and Recreation /Recreation Room A draft construction services agreement was subsequently prepared for execution between the SMCRA and Russell Partnership Inc. Prior to entering into agreement it is critical that a detailed description of each building use be provided. All key individuals involved in the project including the project Architect have been meeting to discuss the detailed individual uses for the building. As soon as a final determination of the uses has been identified a final draft of the contract will be returned to the Board for approval. Attachment: Mobley Building Approved Utilization Plan YSM/SD \\MCGRUFF\PLANN1NG \C R A\Mobley Building Status.doc 3 ca A O H 0 as cv C v c� ny y X ny v y Af 1� 2 a1Hira Fit a 111110, r 2001 "?Making our Neighborhood a Great Place to Live, Work and Play" To: Honorable Chair and SMCRA Board Members From: Yvonne Soler - McKinley, SMCRA Executive Direct r BACKGROUND Date: February 12, 2007 ITEM No. 3A ALTERNATE PLAN FOR COMPLETING CONSTRUCTION ONLOTS CONVEYED TO GREATER MIAMI NEIGHBORHOODS During the January 8, 2007 Meeting, the Board requested an alternate plan for completing construction on partially constructed homes located at 5895 SW 67`h Street and 6400 SW 57` Street. Construction on both homes was initially started by Greater Miami Neighborhoods as part of an affordable housing construction agreement with the SMCRA. However, housing construction has remained in an unfinished state since Greater Miami Neighborhoods received of building permits on March 10, 2005. Greater Miami Neighborhoods has been provided with numerous written correspondence regarding their lack of project performance. Attached as Exhibit A is a copy of the most recent letter forwarded to Greater Miami Neighborhoods on January 29, 2007. The letter requests a response from Greater Miami Neighborhoods regarding a voluntary re- conveyance of the housing lots to the SMCRA. Greater Miami Neighborhoods has also been asked to appear before the Board at tonight's meeting. General Council has also prepared a memo that outlines the necessary steps required to complete housing construction on the two lots. Also attached as Exhibit C is the current list of liens assessed against the two Greater Miami Neighborhood's properties. Liens have been assessed for non - compliance with City of South Miami code enforcement ordinances. The most recent lien n filed against.the properties relates to a City initiated clean -up of the two lots (See Exhibit D). Attachments: January 29, 2007 Letter to Greater Miami Neighborhoods Memo from General Council Regarding Project Completion Requirements Lien List for 5895 SW 67 °i Street and 6400 SW 57 °' Street Lot Condition Photos YSM /SD: \CRA \Alternate Construction Plan.doc iS4oking Our Neighbahaod a Great Place to live, Work and Play' January 29, 2007 Via Certified Mail, Retuna Receipt Requested Agustin Dominguez, Executive Director, Greater Miami Neighborhood (GMN) 300 N.W. 12th Avenue Miami, Florida 33128 And Lynn C. Washington, Esq. Holland & Knight, LLP 701 Brickell Avenue, Suite 2800 Miami, Florida 33131 And EXHIBIT A . Please.reply:to: 18001`01d, Cutler Road,, Suite:556 Miami, Florida 33157 -6416 Re: July 10, 2003 Greater Miami Neighborhoods, Inc. (GMN) Performance Guaranty with SMCRA, Real Estate Purchase and Sale Agreement and SMCRA grant funding agreement relating to Gloria Brown home 5895- 5899 SW 67"' Street, South Miami, Florida July 10, 2003 GMN Performance Guaranty, Real Estate Purchase and' Sale Agreement, and SMCRA grant funding agreement relating to Denise Goodman home 6400 SW 576' Street. Dear Gentlemen: For your reference, I enclose a courtesy copy of the SMCRA's January 25, 2007 letter to Greater Miami Neighborhoods. Please be advised that the SMCRA is holding a meeting on February 12, 2007, at 6:30 p.m. at the chamber at South Miami City Hall, 6130 Sunset Drive. We request your attendance at the meeting and also for you to please advise whether Greater Miami Neighbors shall agree to voluntarily surrender the two properties and to re- transfer the parcels to the SMCRA. V ry T4Bo- Yours, .ve . utsis, SMCRA General Counsel cc: Yvonne McKinley, Executive Director, SMCRA SMCRA board Gloria Brown, GMN housing participant Denise Goodman, GMN housing participant 2"1 14W M R ■ 14W ■ 1I—w 'Makng 0-Nc iphbWhWd a Gent Plow m L)m wok wd Ma r January 25, 2007 Via Certified Mail, Return Receipt Requested Agustin Dominguez, Executive Director, Greater Miami Neighborhood (GMN) 300 N.W. 12th Avenue Miami, Florida 33128 And Lynn C. Washington, Esq. Holland & Knight, LLP 701 Brickell Avenue, Suite 2800 Miami, Florida 33131 Please reply to: 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 -6416 Re: July 10, 2003 Greater Miami Neighborhoods, Inc. (GMN) Performance Guaranty with SMCRA, Real Estate Purchase and Sale Agreement and SMCRA grant funding agreement relating to Gloria Brown home 5895- 5899 SW 67* Street, South Miami, Florida And July 10, 2003 GMN Performance Guaranty, Real Estate Purchase and Sale Agreement, and SMCRA grant funding agreement relating to Denise Goodman home 6400 SW 57`h Street. Dear Gentlemen: As you know, I have been in contact with you over the past 10 months regarding the above referenced properties. The last communication received from Greater Miami Neighborhoods (GMN) indicated that you had prepared a construction timetable, which would be adhered to. Unfortunately, GMN has failed to do so, and in fact, the properties continue to languish. Despite numerous assurances over the past ten months (or more)the promised construction has not taken place. As indicated in prior correspondence, the SMCRA and the City of South Miami's Planning and Zoning Department have advised me of a growing concern with the two construction sites. As such, SMCRA has a growing concern with the implementation of GMN's contract obligations under the two July 10, 2003 agreements with the SMCRA. Letter to GMN regarding material default January 25, 2007 Page 2 of 4 The initial error by GMN's contractor as to the Brown construction site was discovered almost two years ago. In that instance, the GMN contractor commenced construction with a three bedroom home rather than the city approved and permitted four bedroom structures. As such, a great deal of time has gone by with no final resolution of the underlying construction issues. SMCRA believes that more than sufficient time has passed to begin corrective action (by building the fourth bedroom required under the underlying contracts). It should be noted that approved building permits were obtained from the South Miami Building Department on March 10, 2005 for a four bedroom single - family home at the Brown proposed residential site. Furthermore, the SMCRA's understands, from Ms. Rodriguez, that GMN was committed to complete construction by the end of the 2006 calendar year. Ms. Rodriguez's July 25, 2006 letter appears to indicate that construction should resume in August, but that construction will be completed no later than "Spring 2007." Thereafter, your staff advised that there were some funding issues at GMN, and as a result, GMN needed a little more time in order to receive the necessary funding to complete the two construction projects within the SMCRA (Brown and Goodman sites). The SMCRA has not observed any progress on the construction of the Brown site. Nor has there been M advancement of construction at the proposed Goodman residential site. Despite continued and diligent efforts to call, correspond, and email you and your GMN has remained unresponsive. Based upon the foregoing, this is the SMCRA's formal notice pursuant to the July 10, 2003 grant agreement and Performance Guaranty that a material default of the underlying agreements has occurred Moreover, it is imperative for us to advise GMN that time is of the essence and failure to complete the construction as provided for in the contracts is a material breach. Failure to comply with the agreements' construction schedules constitute materials breach of the two July 10, 2003 performance guaranties. Pursuant to the applicable purchase and sale agreements between GMN and the SMCRA, the SMCRA is entitled seek to have the property reconveyed back to the SMCRA should GMN fail to obtain a certificate of occupancy within the specified time. Specifically, the agreement at paragraph XXXIX states: X=. RIGHT OF CITY TO REQUIRE RECONVEYANCE. Seller is conveying the Property to Buyer as part of Seller's program to produce residential property within the City of South Miami Community Redevelopment Agency. As part of the consideration for transfer of the Property, Buyer has agreed to build a single family residence as more fully described in the grant agreement between the City of South Miami Community Redevelopment Agency and Greater Miami Neighborhoods, Inc. on the Property and to obtain a certificate of occupancy ( "CO ") for the residence within eighteen (18) months from the effective date Letter to GMN regarding material default January 25, 2007 Page 3 of 4 of this Contract. Seller shall be entitled to obtain one extension of time, for a four month extension to complete construction. The request will not be unreasonably denied. In the event Buyer fails to construct a residence and obtain the required CO within the time, required by this Contract, Seller shall have the right, but not the obligation, to cause Buyer to reconvey the Property to the Seller, subject to any encumbrances against the Property filed by a third party that has provided financing in connection with the development of the Property, for an amount equal to the purchase price paid by Buyer. Buyer shall reconvey the marketable title to the Property only to the exceptions contained in the title policy issued to the Buyer upon its purchase of the Property. If for any reason Buyer fails, neglects or refuses to reconvey the Property; Seller may seek specific performance to obtain the reconveyance of the Property. This provision of this Contract shall survive the closing. GMN was required to build two affordable single family homes pursuant to the SMCRA and HUD guidelines. The contracts provided the mechanism for securing compliance with the grant agreement. The grant agreement specifically provided that the SMCRA shall transfer title to the lot to GMN. Failure of GMN to meet the deadline set forth in paragraph XKXIX of the purchase and We agreement shall provide the SMCRA the right to cause [GW to reconvey the lot for the specific home under construction. Further, pursuant to the grant agreement the SMCRA could withhold transferring title of the purchase and sale funds to GMN under the following circumstances: * Claims of lien against GMN regarding the Project, provided such liens are not bonded off as allowed by law; * Failure of GMN to make payment(s) to subcontractors or suppliers for materials or labor regarding the Project; * Reasonable evidence that any portion of the Project cannot be completed for the unpaid balance of the agreed compensation. * Failure to carry out any portion of the Project in accordance with the grant agreement. * Failure by [GW to complete all homes and receive final certificates of occupancy within eighteen (18) months of the execution of this Agreement. Furthermore, the grant agreement provided that: GMN would indemnify, defend, save and hold harmless the CRA, its officers, agents and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential Letter to GMN regarding material default January 25, 2007 Page 4 of 4 including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include, but not limited to, claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the Project and work of the Contractor; (b) any negligent act or omission of the [GMN], its subcontractors, agents servants or employees, (c) any damages, liabilities, or losses received or sustained by any person or persons during or on account of any negligent operations by [GMN] connected with the construction of this Project; (d) the use of any improper materials; (e) any construction defect including both patent and latent defects; (f) failure to timely complete the work; (g) the violation of any federal, state, or county or city laws, ordinances or regulations by [GMN], its subcontractors, agents, servants, independent contractors or employees; (h) the breach or alleged breach by [GMN] of any term of this Agreement. As can be seen by the terms outlined above, the SMCRA has provided several mechanisms for protecting the agency and the property. Should GMN voluntarily reconvey the property to the SMCRA the SMCRA would then be free to seek another contractor. Otherwise, the SMCRA would have to initiate litigation against GMN to seek specific performance of the agreement. Due to the extensive record of noncompliance and material default, the SMCRA requests that GMN immediately, voluntarily reconvey the land, without liens or claims, to the SMCRA. Should GMN fail to do so, the SMCRA shall have no choice but to take legal action. As the development of affordable housing is the mission of GMN, and as the SMCRA's residents (Goodman and Brown) are suffering from GMN's failures, the SMCRA anticipates that GMN shall voluntarily transfer the subject properties back to the SMCRA so that the SMCRA may proceed with alternate affordable housing development plans, which plans would ultimately provide for the construction of single family homes for the Goodman and Brown families. Govern yourself accordingly. Very Truly Yours, L.-Eve A. Boutsis, SMCRA General Counsel cc: Yvonne McKinley, Executive Director, SMCRA SMCRA Board Kathy Rodriguez, GMN Representative Elena Dominguez, GMN Representative Stephen David, SMCRA Gloria Brown, GMN housing participant Denise Goodman EXHIBIT B MEMORANDUM To: SMCRA Board, Stephen David, SMCRA Acting Director Yvonne Soler McKinley, SMCRA Executive Director From: Eve A. Boutsis, general counsel Date: February 12, 2007 Re: Greater Miami Neighborhoods Several years ago Greater Miami Neighborhoods (GMN) (as purchaser) excuted a purchase and sale agreement with the SMCRA (as seller) for two parcels: 5895 SW 67`x' Street and 6400 SW 57`x' Street. The purchase price for the parcels was a nominal amount. The nominal payment would be returned to GMN upon issuance of the certificates of occupancy for the two single family homes that were to be build. Pursuant to the purchase and sale agreement, the SMCRA could seek to have the property reconveyed to it, should GMN fail to obtain a certificate of occupancy within the specified time. Specifically, the agreement at paragraph XXXIX states: XXXIX. RIGHT OF CITY TO REQUIRE RECONVEYANCE. Seller is conveying the Property to Buyer as part of Seller's program to produce residential property within the City of South Miami Community Redevelopment Agency. As part of the consideration for transfer of the Property, Buyer has agreed to build a single family residence as more fully described in the grant agreement between the City of South Miami Community Redevelopment Agency and Greater Miami Neighborhoods, Inc. on the Property and to obtain a certificate of occupancy ( "CO ") for the residence within eighteen (18) months from the effective date of this Contract. Seller shall be entitled to obtain one extension of time, for a four month extension to complete construction. The'request will not be unreasonably denied. In the event Buyer fails to construct a residence and obtain the required CO within the time required by this Contract, Seller shall have the right, but not the obligation, to cause Buyer to reconvey the Property to the Seller, subject to any encumbrances against the Property filed by a third party that has provided financing in connection with the development of the Property, for an amount equal to the purchase price paid by Buyer. Buyer shall reconvey the marketable title to the Property only to the exceptions contained in the title policy issued to the Buyer upon its purchase of the Property. If for any reason Buyer fails, neglects or refuses to reconvey the Property, Seller may seek specific performance to obtain the reconveyance of the Property. This provision of this Contract shall survive the closing. Simultaneously, the SMCRA had GMN execute a grant agreement, and performance guaranty for each transaction. The grant agreement required GMN to build an affordable single family home pursuant to the SMCRA and HUD guidelines. The performance guarantees provided the mechanism for securing compliance with the grant agreement. The grant agreement specifically provided that the SMCRA shall transfer title to the lot to GMN. Failure of GMN to meet the deadline set forth in paragraph XXXIX of the purchase and sale agreement shall provide the SMCRA the right to cause Contractor to reconvey the lot for the specific home under construction. Additionally, GMN was responsible for the review and selection of low income applicant home buyers in accordance with all applicable Federal, State and County and local law. However, the Contractor was to prioritize applicants pursuant to the SMCRA guidelines: 1. South Miami Community Redevelopment Agency residents; 2. City of South Miami Role Models, as defined by the South Miami Community Redevelopment Agency's Role Model Program; 3. South Miami Community Redevelopment Agency Referrals; 4. City of South Miami Residents; and 5. General Public. The SMCRA was provided the sole discretion to resolve any conflict in the prioritization of applicants. However, GMN had the right to determine the ultimate purchaser of the home. Ultimately, GMN selected two South Miami CRA residents as the ultimate homeowners. Pursuant to the grant agreement the SMCRA could withhold transferring title of the purchase and sale funds to GMN under the following circumstances: * Claims of lien against GMN regarding the Project, provided such liens are not bonded off as allowed by law; * Failure of GMN to make payment(s) to subcontractors or suppliers for materials or labor regarding the Project; * Reasonable evidence that any portion of the Project cannot be completed for the unpaid balance of the agreed compensation. * Failure to carry out any portion of the Project in accordance with the grant agreement. * Failure by Contractor to complete all homes and receive final certificates of occupancy within eighteen (18) months of the execution of this Agreement. Additionally, the grant agreement provided that: GMN would indemnify, defend, save and hold harmless the CRA, its officers, agents and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including, but not limited to, fees and charges of purchasers, engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include, but not limited to, claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the Project and work of the Contractor; (b) any negligent act or omission of the Contractor, its subcontractors, agents servants or employees, (c) any damages, liabilities, or losses received or sustained by any person or persons during or on account of any negligent operations by Contractor connected with the construction of this Project; (d) the use of any improper materials; (e) any construction defect including both patent and latent defects; (f) failure to timely complete the work; (g) the violation of any federal, state, or county or city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; (h) the breach or alleged breach by Contractor of any term of this Agreement. As can be seen by the terms outlined above, the SMCRA has provided several mechanism for protecting the agency and the property. Should GMN voluntarily reconvey the property to the SMCRA the SMCRA would then be free to seek another contractor. Otherwise, the SMCRA would have to initiate litigation against GMN to seek specific performance of the agreement. The SMCRA would have to show the material breaches of the grant agreement (extreme delays and failure to complete construction) and purchase and sale agreement and have the court order the return of the parcels. I enclose copies of the correspondence the SMCRA has issued to Greater Miami Neighborhoods relating to the material breaches in performance. As this project was an affordable housing project under federal guidelines, and as the two homes were being constructed for two SMCRA resident families (Goodman and Brown families), the SMCRA would need to decide what were the next steps it would take. It would need to find another contractor with financing to be able to fund the financing structure for the residents, and maintain the price range of $120,000 - $140,000 for the home. As you may be aware, the homeowners ordinarily qualify for a complex financing arrangement often with second and third mortgages and are provided the mortgage under HUD affordability guidelines. I have reached out to Milli Membiela, the head loan officer for Miami -Dade Affordable Housing Foundation, Inc., to determine if there are other contractors, developers that can complete construction under guidelines. Additionally, I have inquired whether there are other funding sources to provide the proposed residents with the appropriate funding needed to allow the proposed homeowners to finance their mortgages. Ms. Membiela indicated that she could assist with setting up the funding sources, once a determination is made as to a new affordable housing developer. Moreover, I am attempting to determine whether, the current proposed homeowners would be able to be the recipients of the proposed constructed homes, or would a new contractor or developer have to comply with its agency or corporate policies, which may provide priority to third persons. EXHIBIT C A�'rt r ! � r,.ct.ss�c CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Stephen David CRA Director From: Eva Rosa, Manager Code Enforcement Date: February 1, 2007 Re: Greater Miami Neighborhoods Properties Following is a list of outstanding Notice of Civil Infraction fines, and Claim of Liens recorded by Code Enforcement on the Greater Miami. Neighborhoods properties: 5899 SW 67 St DATE NOCI No. $1,300.00 Amount 01/29/07 Woodie's Inv. 01/19/07 $ 927.00 01/19/07 07- 0079/3564 06- 1440/2746 500.00 12/15/06 06- 1499/3549 500.00 500.00 10/20/06 06- 1199/2702 Lien 352.00 08/09/06 06- 0882/2638 Lien 227.00 08/09/06 06- 0883/2639 Lien 227.00 08/09/06 06- 0884/2640 Lien 227.00 6400 SW 57 CT 01/29/07 Woodie's Inv. $1,300.00 01/19/07 07-0077/3565 500.00 01/19/07 07- 0078/3566 400.00 12/05/06 06- 1440/2746 200.00 12/05/06 06 -1439 /2745 500.00 10/18/06 06- 1160/2693 Lien 527.00 08/15/06 06- 0919/2650 Lien *500.00 *Daily fine Stephen, remember we have to add the 18% annually interest after Liens are recorded. C: \Documents and Settings \Dstcphcn \Local Settings\Temporary Internet FilesNOLKWGRGATGR MIA PINGS 2- 1- 07.doc BEFORE CITY CLEAN -UP JANUARY 25, 2007 8� ra ��_ � �, 1 1 AFTER CITY CLEAN -UP FEBRUARY 2, 2007 AFTER CITY CLEAN-UP FEBRUARY 2, 2007 'I I I V-S - MC RA 2001 Making our Neighborhood a Great Place to Live Work and Play' To: Honorable Chair and SMCRA Board Members From; Yvonne Soler - McKinley /�'j,/1/ SMCRA Executive Direct t Date: January 8, 2007 ITEM No. 4 PAYMENT OF A TTORNE Y FEES TO NAGIN GALLOP FIGUEREDO A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO; P.A., FOR INVOICES DATED JANUARY 29, 2007 IN THE TOTAL AMOUNT OF $4,125.06; CHARGING THE AMOUNT $4,077.77 TO ACCOUNT NO. 610- 1110 - 564- 31 -20, GENERAL CORPORATE ACCOUNT; CHARGING THE AMOUNT $47.29 TO ACCOUNT NO. 610 - 1110 - 583- 61 -10, LAND ACQUISITION ACCOUNT; AND PROVIDING. AN EFFECTIVE DATE. BACKGROUND The firm of Nagin Gallop Figueredo, P.A. currently serves as General Counsel to the SMCRA. The ' firm has submitted the following invoices dated January 29, 2007 for specific general corporate and land acquisition matters (See Attached Invoices). Invoice Date Amount Charge Account No. January 29, 2007 $4,077.77 610- 1110 - 564 -31 -20 (General Corporate Account) January 29, 2007 $47.29 610- 1110- 583 -61 -10 (Land Acquisition Account) RECOMMENDATION Staff recommends approval of the attached resolution authorizing the Executive Director to: (1) Disburse payment for legal services rendered for general corporate matters in the amount of $4,077.77 to Nagin Gallop Figueredo, P.A., charging this amount to Account No. 610 -1110- 564-31-20, General Corporate Account. (2) Disburse payment for legal services rendered for land acquisition matters in the amount of $1,346.72 to Nagin Gallop Figueredo, P.A., charging this amount to Account No. 610-1110 - 583- 61 -10, Land Acquisition Account. Attachments: Resolution Nagin Gallop Figueredo Invoices . YSM /SD:ICRA\Nagin Gallop Payment Report.doc 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE CITY OF SOUTH MIAMI 6 COMMUNITY REDEVELOPMENT AGENCY RELATING TO 7 ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR 8 NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED 9 JANUARY 29, 2007 IN THE TOTAL AMOUNT OF $4,125.06; 10 CHARGING THE AMOUNT $4,077.77 TO ACCOUNT NO. 610= 11 1110 - 564- 31 -20, GENERAL CORPORATE ACCOUNT; 12 CHARGING THE AMOUNT $47.29 TO ACCOUNT NO. 610 - 13 1110- 583- 61 -10, LAND ACQUISITION ACCOUNT; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the CRA 17 for legal services rendered, costs advanced, for 0076 -001, general corporate 18 matters for the period ending January 29, 2007 in the amount of $4,077.77; and 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the CRA 21 for legal services rendered, costs advanced, for 0076 -008, land acquisition matters 22 for the period ending January 29, 2007 in the amount of $47.29. 23 24 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY, 25 REDEVELOPMENT AGENCY OF THE CITY OF ' SOUTH MIAMI, FLORIDA 26 THAT: 27 28 29 Section 1. The South Miami Community Redevelopment Agency 30 authorizes payment in the amount of $4,077.77 to Nagin Gallop. Figueredo, 31 P.A., for its attorney's fees on 0076 -001, general corporate CRA matters. 32 33 Section 2. The South Miami. Community Redevelopment Agency 34 authorizes payment in the amount of $47.29 to Nagin Gallop Figueredo, 35 P.A., for its attorney's fees on 0076 -008, land acquisition CRA matters. 36 37 Section 3. This resolution shall take effect immediately upon adoption. 38 39 40 41 42 Pagel of 2 Additions shown by underlining and deletions shown by emver-str . 1 2 PASSED AND ADOPTED this day of February, 2007. 3 4 5 ATTEST: APPROVED: 6' 7 8 City of South Miami Chairperson Horace Feliu 9 Community Redevelopment Agency 10 Clerk Board Vote: 11 Chairperson Feliu: 12 Vice Chairperson Wiscombe: 13 READ AND APPROVED AS TO FORM: Board Member Birts: 14 Board Member Palmer: 15 Board Member Beckman: 16 Board Member Ellis: 17 Board Member Williams: 18 Eve A. Boutsis, General Counsel 19 20 Page 2 of 2 Additions shown by underlining and deletions shown by e eNtFildng. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOPFIGUEREDOr� Attorneys & Counselors 18001 Old Cutler Road, Suite 556, Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854.5351 Ronald O'Donniley January 29, 2007 City of South Miami Community Redevelopment Agency Matter ID: 0076 -001 6130 Sunset Drive CRA - General Corporate South Miami, FL 33143 Invoice Number 18859 Hours Amount 1/3/2007 EAB Analyzed correspondence from Mr. George Lott; telephone 1.50 277.50 conference with Mr. Lott; telephone conference with MDC regarding $294,000 grant. 1/4/2007 EAB Attention to Aries matter and GMN matter. 1.00 185.00 1/4/2007 EAB Telephone conference with Mr. Stephen David regarding agenda 0.30 55.50 items. 1/5/2007 EAB Analyzed agenda items and provided comments regarding same; 0.80 148.00. and attention to Graham Hanover demolition. 1/8/20071 EAB Attention to CRA agenda; telephone conferences with v -c Randy 1.50 277.50 Wiscombe regarding GMN contracts; telephone conferences with Ms. Denise Goodman and Ms. Gloria Brown; telephone conference with Mr. McCants and Mr. David regarding GMN and agenda items. 111012007 EAB Telephone conference with Mr. Lott and Mr. David regarding 5928 1.40 259.00 SW 66th Street; analyzed interiocal agreement, minutes, and bylaws relating to E.D. Position; and drafted memorandum to SMCRA board and staff regarding same. 1/12/2007 EAB Attention to inquiry by bd member Velma Palmer; and prepared 1.50 277.50 resolution relating to e.d. position per request of chair Horace Feliu. 1/16/2007 EAB Communications with Aries Insurance; follow up regarding same; 0.30 55.50 and follow, up with MDC regarding grant funding agreement. 1/17/2007 EAB Email communications with Ms. Judy Collins; drafted special 1.30 240.50 master order relating to Aries Insurance; email communications with county and Mr. David regarding upcoming agenda items, grant, etc. 1/18/2007 EAB Attention to Mobley design contract; analyzed recommended 4.00 740.00 modifications; and provided staff with comments regarding same (scope of services); drafted revised special master order relating to Aries property; email communications with Mr. Hugh Dates, Ms. Collins and SMCRA staff regarding same; attention to GMN matter; Payment is due upon receipt. Please notify us within 10 days of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo, P.A. Matter 1D: 0076 -001 Statement No. 18859 Page: 2 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE email communications with county attorney, and OCED regarding mortgage and promissory note; and process for proceeding forward; telephone conference with OCED representative; telephone conference with Mr. Lynn Washington; analyzed GMN contracts and began drafting memorandum to SMCRA board regarding GMN options. 1/19/2007 EAB Finalized Mobley construction services contract and attention to 1.70 314.50 GMN matter; telephone conference with Mr. Jose Cintron regarding OCED and grant agreement. 1/22/2007 EAB Attention to MDC grant; and email communications with Mr. Jose 0.70 129.50 Cintron, OCED director; attention to GMN matter and options regarding same. 1/24/2007 EAB Communications with Ms. Collins, and Mr. Dates regarding special 0.40 74.00 master order relating to property transfer; and email communications with OCED staff regarding grant agreement. .112512007 EAB Telephone conference with ch. Feliu; telephone conference with 2.50 462.50 Mr. McCants regarding possible developers; email communications with Brenda Kuhns, OCED attorney regarding grant agreement; analyzed contract documents; and drafted letter to GMN regarding reconveying property to SMCRA. 1/29/2007 EAB Drafted letters to GMN; drafted and revised /edited memorandum 2.50 462.50 regarding GMN for upcoming SMCRA meeting; prepared exhibits for same; drafted letter to MDHA, Ms. Kris Warren regarding vacant lots being transferred to SMCRA; follow up with director and staff on pending items. Rate Summary Total Professional Services 3,959.00 Eve A. Boutsis 21.40 hours at $185.00/frr 3,959.00 Total hours: 21.40 3,959.00 1/29/2007 Disbursements incurred - 3.0% 118.77 Payments and Credits 1/31/2007 Check No. 74637 - Client 0076 -001 Filing Fee Refund 16.65 16.65 Payment is due upon receipt. Please notify us within 10 days of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment Is not received within 30 days. Nagin Gallop Figueredo, P.A. Matter ID: 0076 -001 Statement No. 18859 Page: 3 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE For Professional Services 3,959.00 For Disbursements Incurred 118.77 Current Balance: 4,077.77 Previous Balance: 9,363.83 Payments - Thank you 16.65 Total Due 13,424.95 To be properly credited, please indicate Invoice Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOPFIGUEREDOPA Attorneys & Counselors' 18001 Old Cutler Road, Suite 556, Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Ronald O'Donniley January 29, 2007 City of South Miami Community Redevelopment Agency Matter ID: 0076 -008 6130 Sunset Drive CRA - Land Acquisition South Miami, FL 33143 Invoice Number 18860 Disbursements 12/8/2006 Parking Charge 6.00 12/8/2006 Certified Copy 41.29 For Professional Services 0.00 For Disbursements Incurred 47.29 Current Balance: 47.29 Previous Balance: .6,402.99 Payments - Thank you 0.00 Total Due 6,450.28 To be properly credited, please indicate Invoice Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NAGINGALLopFiGUEREDOM Attorneys & Counselors 18001 Old Cutler. Road — Suite 556 Telephone. (305) 854 -5353 Miami, Florida 33157 -6416 Facsimile: (305) 854 -5351 February 5, 2007 Stephen David City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 Re: - South Miami Community Redevelopment Agency Statements Matter ID: 0076 -001 and 0076 -008 Dear Stephen: I enclose our fun's invoice dated January 29, 2007, for the South Miami CRA matter referenced above. I also attach the resolution approving same. If you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ve 4k B General Counsel for the South Miami Community Redevelopment Agency EAB/lcm Enclosure 2001 Making our Neighborhood o Great Place to Live l4brk and Play" To: Honorable Chair and Date: February 12, 2007 SMCRA Board Members From: Yvonne Soler - McKinley, ' ITEM No. 501 SMCRA Executive Directo PAYMENT OFATTORNEYFEES TO LOTT & LEVINE A .RESOLUTION OF THE. CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE, P.A., FOR INVOICES DATED FEBRUARY 6, 2007 IN THE TOTAL AMOUNT OF $14,292.04; CHARGING THE AMOUNT $14,292.04 TO ACCOUNT NO. _ 610- 1110 - 583- 61 -10, LAND ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The firm of Lott & Levine, P.A. currently serve as real estate attorneys to Nagin Gallop & Figueroa. The firm has submitted the following invoices dated February 6, 2007 for SMCRA. land acquisition matters in the total amount of $14, 292.04 (See Attached Invoices). Invoice Date Amount Charge Account No. February 12, 2007 $4,912.26 610- 1110 - 583 -61 -10 (Land Acquisition Account) February 12, 2007 $9,379.78 610 - 1110 - 583 -61 -10 (Land Acquisition Account) RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to:' (1) Disburse payment for ,legal services rendered for land acquisition matters in the amount of $14,292.04.to Lott & Levine, P.A., charging this amount to Account No. 610 - 1110 - 583 -.61- 10, Land Acquisition Account. Attachments: Resolution Lott & Levine Invoices YSM/SD: \CRA \Lott & Levine Payment Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE, .P.A., FOR INVOICES DATED FEBRUARY 6, 2007 IN THE TOTAL AMOUNT OF $14,292.04; CHARGING 'THE AMOUNT $14,292.04 TO ACCOUNT. NO. 610 - 1110 - 583- 61 -10, LAND ACQUISITION ACCOUNT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The firm of Lott & Levine, P.A. currently serve as real estate attorneys to Nagin Gallop & Figueroa; and WHEREAS, The firm of Lott & Levine has submitted two invoices dated February 6, 2007 for SMCRA land acquisition matters in the amounts of 4,912.24 and $9,379.78. WHEREAS, the firm of Lott & Levine has submitted invoices dated February 6, 2007 for SMCRA land acquisition matters in the total amount of 14,292.04. NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The South Miami Community Redevelopment Agency authorizes payment in the amount of $14,292.04 to Lott & Levine, P.A., for its attorney's fees for SMCRA land acquisition matters. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ATTEST: day of February, 2007. APPROVED: Page 1 of 2 Additions shown by underlining and deletions shown by + ildn I City of South Miami Chairperson Horace Feliu 2 Community Redevelopment Agency 3 Clerk 4 5 6 7 Board Vote: 8 Chairperson Feliu: . 9 Vice Chairperson Wiscombe: 10 READ AND APPROVED AS TO FORM: Board Member Birts: 11 Board Member Palmer: 12 Board Member Beckman: 13 Board Member Ellis: 14 Board Member Williams: 15 Eve A. Boutsis, General Counsel 16 17 Page 2 of 2 Additions shown by underlining and deletions shown by ^v°rg. LOTT & LEVINE DADEL;AND 'CENTRE; "SUITE' 1014 `'" 9155 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 EVE A. BOUTSIS CITY OF SOUTH MIAMI February 6, 2007 COMMUNITY REDEVELOPMENT AGENCY Reference No. 8398 18001 OLD CUTLER RD, SUITE 556 MIAMI, FL 33157 For Professional Services Concerning: Matter Number: CITY4.011 I8 Title: QUITE TITLE VS. HEPBURN ACQUIRED BY TAX DEED FOLIO 4 09 -4025 -028 -0200 Hours 01/04/05 MADE COPIES OF RELEASED LIENS FOR CLERK OF CODE ENFORCEMENT BOARD. 0.30 08/21 /06 UPDATED TITLE SEARCH REPORT (TSR); ORDERED COPIES OF DOCUMENTS - APPEARING IN REPORT. 0.50 09108106 RECEIVED AND REVIEWED COPIES OF TITLE DOCUMENTS; SORTED LIENS BY CITY AND CATEGORY. 2.50 10/26/06 MEETING WITH CODE ENFORCEMENT TO DETERMINE PAYOFF AMOUNTS AND TO OBTAIN COPIES OF RELEASES. 2.00 10130106 PREPARED DRAFT OF AMENDED PARTIAL 'RELEASE OF LIENS; LETTER TO CITY ATTORNEY. 1.00 10/31/06 REVISED LETTER TO CITY OF MIAMI ATTORNEY AND AMENDED ORDER CANCELLING LIENS; TELEPHONE CONFERENCE WITH SMCRA. 1.00 11102/06 FINAL -REVISIONS TO AMENDED ORDER. 0.75 11108106 FOLLOW UP MEETING WITH CLERK OF CODE ENFORCEMENT BOARD TO OBTAIN COPIES OF RELEASES OF LIENS NOT APPEARING RECORDED IN PUBLIC RECORDS. 1.50 11114106 DROVE BY PROPERTY TO DETERMINE IF DERELICT CARS REMOVED SO CITATION CAN BE CLOSED; CALL TO CODE ENFORCEMENT - LEFT MESSAGE. 1.50 •12/29/06 MEETING WITH RECORDING CLERK - WILL NOT ACCEPT AMENDED ORDER FOR RECORDING SINCE NOT CERTIFIED; MEETING WITH CLERK OF ENFORCEMENT BOARD TO HAVE ORDER CERTIFIED; FOLLOW UP MEETING WITH RECORDING CLERK TO RECORD ORDER; MEETING AT TEAM METRO TO DETERMINE IF CODE ENFORCEMENT LIEN RELEASE; TELEPHONE CONFERENCE WITH PUBLIC WORKS - MOSQUITO CONTROL. 3.50 01/02/07 SEVERAL TELEPHONE CALLS TO CODE ENFORCEMENT INSPECTOR LEFT MESSAGES. 0.20 01/04/07 MEETING WITH FILE CLERK TO OBTAIN CERTIFIED COPIES OF PLEADINGS TO RECORD SHOWING MIAMI -DADE COUNTY'S DISCLAIMER OF INTEREST IN THE PROPERTY. 0.50 Page: 2 ...................... .... ................ .............._..... Reference Number: 8318 11115106 ......... .............. ...... .. .. .... . TELEPHONE CONFERENCE WITH CODE .............................. ............................... ENFORCEMENT TO REQUEST INSPECTION; TELEPHONE CONFERENCE WITH CLERK OF BOARD - STATUS OF COPIES OF RELEASES. 0.30 11/21/06 REVIEWED FILE AT COURTHOUSE TO VERIFY EXHIBITS; EXAMINED PLEADING FILE TO VERIFY IF LIEN AT 17868/4743 INCLUDED. 1.00 11/27/06 TELEPHONE CONFERENCES WITH CITY CLERK AND CODE ENFORCEMENT. 0.30 11/28/06 OBTAINED COPY OF EXHIBIT "A" TO COMPLAINT FROM COURT FILE TELEPHONE CONFERENCE WITH CRA - STATUS REPORT. 0.60 12/01/06 TELEPHONE CONFERENCE WITH CLERK OF BOARD; RECEIVED AND REVIEWED FAXES OF RELEASES; UPDATED FILE; FOLLOW UP TELEPHONE CONFERENCES WITH CODE ENFORCEMENT. 0.75 12/19/06 RECEIVED AND REVIEWED AMENDED ORDER OF CODE ENFORCEMENT BOARD; TELEPHONE CONFERENCE WITH INSPECTOR TO CLOSE REMAINING CITY OF MIAMI CODE ENFORCEMENT CASE. 0.50 •12/29/06 MEETING WITH RECORDING CLERK - WILL NOT ACCEPT AMENDED ORDER FOR RECORDING SINCE NOT CERTIFIED; MEETING WITH CLERK OF ENFORCEMENT BOARD TO HAVE ORDER CERTIFIED; FOLLOW UP MEETING WITH RECORDING CLERK TO RECORD ORDER; MEETING AT TEAM METRO TO DETERMINE IF CODE ENFORCEMENT LIEN RELEASE; TELEPHONE CONFERENCE WITH PUBLIC WORKS - MOSQUITO CONTROL. 3.50 01/02/07 SEVERAL TELEPHONE CALLS TO CODE ENFORCEMENT INSPECTOR LEFT MESSAGES. 0.20 01/04/07 MEETING WITH FILE CLERK TO OBTAIN CERTIFIED COPIES OF PLEADINGS TO RECORD SHOWING MIAMI -DADE COUNTY'S DISCLAIMER OF INTEREST IN THE PROPERTY. 0.50 Peas: 3 Reference Number: 8318 ....... ....... .................... ..... ........ ..... .................. ...... ..... ...... ............ .............................. ...................... .............................................. I .................... ....... 01/05/07 TELEPHONE CONFERENCES WITH CODE ENFORCEMENT OFFICER. 0.20 01/08/07 TELEPHONE CALL TO CITY OF MIAMI CODE ENFORCEMENT - OUT, LEFT MESSAGE; TELEPHONE CONFERENCE WITH DADE COUNTY MOSQUITO CONTROL; CALL TO CRA - LEFT MESSAGE; FOLLOW UP TELEPHONE CONFERENCE WITH CRA. 01 /10 /07 TELEPHONE CALL TO BOUTSIS - NEED LETTER FROM CRA THAT LAND TO BE USED FOR PUBLIC HOUSING. 01/11/07 RECEIVED AND REVIEWED FROM CITY OF MIAMI DEPT OF HEARING BOARDS CODE ENFORCEMENT BOARD - AMENDED ORDER REGARDING LIENS. 01/11/07 TELEPHONE CONFERENCE WITH INSPECTOR FROM CITY OF MIAMI CODE ENFORCEMENT; RECEIVED AND REVIEWED E-MAIL FROM CRA ENCLOSING DRAFT OF LETTER TO MIAMI-DARE PUBLIC WORKS MOSQUITO CONTROL; TELEPHONE CONFERENCE WITH CRA - DRAFT GOOD, PLEASE PRINT .ON OFFICIAL LETTERHEAD. 01/12/07 PICKED UP FROM CRA LETTER TO MIIAMI DADE COUNTY MOSQUITO CONTROL REQUESTING RELEASE OF LIEN. 01/16/07 PREPARED DRAFT OF LETTER TO MIAMI -DADE PUBLIC WORKS MOSQUITO CONTROL; REVIEWED AND REVISED LETTER ENCLOSING CRA LETTER 01/17/07 TELEPHONE CONFERENCE WITH CITY OF MIAMI CODE ENFORCEMENT OFFICER - VIOLATION CLEARED IN ORDER TO PAY FINE. 01/23 /07 MEETING AT CLERK OF ENFORCEMENT BOARD - COMPUTER DOWN, WILL CALL WHEN UP TO REVIEW ENFORCEMENT CASES. 01/24/07 TELEPHONE CALL TO AND FOLLOW UP CONFERENCE WITH CLERK OF CODE ENFORCEMENT BOARD - RESEARCH NOT COMPLETED, WILL CALL AT END OF WEEK FOR STATUS REPORT. 0.75 0.20 0.20 0.30 0.30 0.40 0.20 1.50 0.30 Page: 4 Reference Number. 8318 ........ ............................................................................................................:..................._......_....._......................... ............................... ........: 02/04/07 RECEIVED FAX FROM DEPT OF HEARING ......... ......... :................................... BOARDS REGARDING LIENS AND RESPECTIVE STATUS. 0.20 02/05/07 REVIEWED FAXES FROM CLERK OF ENFORCEMENT BOARD - COPIES OF RELEASES; FOLLOW UP TELEPHONE CONFERENCE; ORGANIZED FILE - SORTED ITEMS TO BE PAID AND VERIFIED ALL OTHER ITEMS REGARDING CITY OF MIAMI HAVE BEEN PAID. 1.00 Total Hours and Fees: 24.25 $4,728.75 COSTS ADVANCED Date Description 09/11/06 Disbursement to: ATTORNEYS TITLE INSURANCE: TITLE SEARCH REPORT 11104106 Postage Charge. 12/29/06 Disbursement to: CLERK OF COURT: RECORDING FEE - RELEASE OF LIEN 01/04/07 Disbursement to: CLERK OF COURT: CERTIFIED COPIES 01/15/07 Disbursement to: MIAMI PARKING AUTHORITY: 12/29 Total Costs: Matter Summary:, Total Fees: Total Cost: Sub -Total Current Fees and Costs: Amount Due: Cost Amount $150.00 $1.26' $18.50 $5.00 $8.75 $183.51 $4,728.75 $183.51 $4,912.26 $4,912.26 PAYMENT IS DUE ON OR BEFORE FEBRUARY 26, 2007. PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE. THANK YOU. LOTT & LEVINE DADELAND' CENTRE," SUITE "1014 9155 SOUTH DADELAND BOULEVARD' MIAMI, FLORIDA 33156 EVE A. BOUTSIS CITY OF SOUTH MIAMI February 6, 2007, COMMUNITY REDEVELOPMENT AGENCY Reference No. 8324 18001 OLD CUTLER RD, SUITE 556 MIAMI, FL 33157 For Professional Services Concerning: Matter Number: CITY4.06077 ' Title: SMCRA - PEGRAM Hours 06/27/06 REVIEWED FAXES; PRINTED TAX REPORT; ORDERED TITLE SEARCH REPORT, (TSR). 0.50 07/13/06 RECEIVED TSR (INCOMPLETE BECAUSE OF MISSING PROBATE •FILES); EXAMINED TITLE. 1.75 07/18/06 MEETING WITH PROBATE CLERK TO OBTAIN DOCKET SHEETS FOR DESTROYED PROBATE FILES; FAXED REQUEST TO FUND FOR COPIES OF ADDITIONAL PROBATE DOCUMENTS. 1.50 .07/27/06 RECEIVED AND REVIEWED COPIES OF DOCUMENTS FROM ESTATE OF GEORGE PEGRA; FOLLOW UP CALL TO FUND - M DOCUMENTS STILL MISSING. 0.50 08 /01 /06 MEETING WITH FILE CLERK TO OBTAIN COPIES OF DOCUMENTS FROM ESTATE OF PHILIP PEGRAM. 0.50 08/03/06 RESEARCHED AT PUBLIC RECORDS LIBRARY FOR COPIES .OF DOCUMENTS FOR ESTATE OF GEORGE PEGRAM. 0.50 08110106 MEETING WITH CLERK TO ORDER COPIES OF PROBATE PAPERS. 0.50 10106106 CHECKED STATUS OF DELIVERY OF COPIES FROM ESTATE OF MATTIE PEGRAM. 0.30 10110106 MEETING WITH PROBATE CLERK TO PAY FOR AND PICK UP COPY OF PROBATE FILE FOR ESTATE OF MATTI.E PEGRAM; EXAMINED DOCUMENTS AND COMPLETED TITLE EXAMINATION. 4.50 11/20/06 11/30/06 12 /01 /06 12/03/06 12/04/06 12/06/06 12/06/06 12/11/06 12/12/06 12/13/06 12/15/06 RECEIVED AND REVIEWED E -MAILS FROM BOUTSIS AND DAVID ( PEGRAM FAMILY . INFORMATION); TELEPHONE CONFERENCE WITH REBECCA EIS. TELEPHONE CONFERENCE WITH REBECCA EIS FOR ADDRESS. PREPARED /SUBMITTED REQUEST FOR SPECIAL ASSESSMENT LIEN LETTER. BEGAN PREPARATION OF DRAFTS OF TITLE AFFIDAVIT, MEMO OF TRUST, QUIT CLAIM DEEDS (7), FIRPTA CERTIFICATES, AND CMA. REVISED DRAFTS OF CLOSING DOCUMENTS; TELEPHONE CONFERENCE WITH STEVEN DAVID AT CRA; RECEIVED AND REVIEWED. FAXES -COPIES OF QCVS SIGNED BY REBECCA, GEORGE, EMILY AND MELANIE; REVIEWED AND REVISED DRAFTS OF CLOSING DOCUMENTS. COMPLETED DEEDS, MEMORANDUM OF TRUST, TITLE AFFIDAVIT, FIRPTA CERTIFICATE, ETC.; DRAFTED LETTERS OF INSTRUCTIONS TO FAMILY MEMBERS. PREPARED PETITION TO RE -OPEN ESTATE, PROPOSED ORDER RE- OPENING ESTATE, AND LETTER OF ADMINISTRATION; COMPLETED LETTERS OF INSTRUCTION; COPIED AND MAILED DOCUMENTS TO BETTY, REBECCA, GEORGE, EMILY, AND MELANIE. RECEIVED MEMORANDUM OF TRUST, FIRPTA, CONTINUOUS MARRIAGE AFFIDAVIT AND QUIT CLAIM DEED FROM REBECCA PEGRAM EIS. RECEIVED CONSENT TO DISCLAIMER AND FIRPTA SIGNED BY EMILY KATHRYN PEGRAM HERWIG. RECEIVED DOCUMENTS SIGNED BY BETTY KATHRYN PEGRAM. RECEEVED CONSENT TO DISCLAIMER, FIRPTA, ETC SIGNED BY MELANIE SUSANNE PEGRAM. Page. 2 Reference Number: 8324 0.50 0.20 0.50 3.50 4.75 4.00 2.50 0.20 0.20 0.20 0.20 12/16/06 12/18/06 12/18/06 12/18/06 12/19/06 12/19/06 12/21/06 01/11/07 01/16/07 01/18/07 01/23/07 ORGANIZED, COPIED AND PREPARED DOCUMENTS FOR RECORDING; PREPARED DR- 219'S. . TELEPHONE CONFERENCE WITH BETTY PEGRAM; LETTERS TO CRA AND BOUTSIS ENCLOSING PEGRAM CLOSING PAPERS; . TELEPHONE CONFERENCE WITH CRA AND REBECCA EIS. PREPARED OATH OF PR. MEETING AT CRA TO PICK UP PEGRAM DEEDS - STEPHEN NOT IN, FORGOT TO LEAVE DEEDS. PREPARED EMERGENCY PETITION TO HEAR PETITION TO REOPEN ESTATE; PREPARED COVER LETTER; ATTENDED EX PARTE TO OBTAIN ENTRY OF ORDER REOPENING ESTATE, REAPPOINTING PERSONAL. REPRESENTATIVE AND AUTHORIZING TRANSFER TO. TRUST; OBTAINED CERTIFIED COPIES. FOLLOW UP MEETING WITH CRA TO PICK UP SIGNED DEEDS. AT TAX COLLECTOR'S OFFICE TO OBTAIN TAX BILL; MEETING AT RECORDING DEPT TO RECORD AFFIDAVIT, MEMO OF TRUST, DEEDS, ETC. PREPARED LETTERS (5) TO PEGRAM FAMILY ENCLOSING COPIES OF RECORDED DOCUMENTS; COPIED AND MAILED DOCUMENTS. PREPARED LETTERS TO MIAMI -DADS COUNTY TAX ASSESSOR SUPERVISOR AND CRA. AT CRA TO DELIVER ORIGINAL RECORDED DOCUMENTS. MEETING WITH DADE COUNTY APPRAISER SUPERVISOR TO SUBMIT AND DISCUSS REQUEST FOR ESTOPPEL LETTER AND TAX EXEMPTION. 2.50 1.00 0.30 0.50 4.50 0.50 2.50 1.55 1.75 0.20 2.00 Page: 3 Reference Number: 8324 01/25/07 RECEIVED AND REVIEWED FAX - TAX PRORATION LETTER; FAXED COPY TO CRA AND FOLLOW UP TELEPHONE CONFERENCE. Total Hours and Fees: Page; 4 Reference Number. 8324 0.50 45.10 $8,794:50 COSTS ADVANCED Date Description Cost Amount 07/13/06 Disbursement to: ATTORNEY'S TITLE INSURANCE: TITLE SEARCH REPORT $150.00 08/01/06 Disbursement to: CLERK OF COURT: COPIES OF DOCUMENTS FROM ESTATE OF PHILIP PEGRAM $10.00 09/27/06 Disbursement to: CLERK OF COURT: COPIES OF PROBATE DOCUMENTS,, 8/10/06 $26.50 10/10/06 Disbursement to: CLERK OF COURT :' COPIES OF PROBATE FILES - ESTATE OF MATTIE PEGRAM $29.00 12/01/06 Disbursement to: BOARD OF COUNTY COMMISSIONERS: $10.00 12/01/06 Postage Charge. $5.43 12/19/06 Disbursement to: CLERK OR COURT: FILING FEE $55.00 12/21/06 Disbursement to: CLERK OF COURT: RECORDING FEES $264.85 12/30/06 Disbursement to: FEDERAL EXPRESS: TO REBECCA P. EIS, 12/5/06 $18.25 01/15/07 Disbursement to: MIAMI PARKING AUTHORITY: 12/19,12/21 $12.50 01/23/07 MIAMI PARKING AUTHORITY $3.75 Total Costs: $585.28. Matter Summary: Total Fees: $8,794,50 Total Cost: $585.28 Sub -Total Current Fees and Costs: $9,379.78 Amount Due: $9,379.78 PAYMENT IS DUE ON OR BEFORE FEBRUARY 26, 2007. PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE. THANK YOU. soot -MCRA Making our Neighborhood o Gmat Place to live, Work and Play' To: Honorable Chair and . SMCRA Board Members From: Yvonne Soler- McKinle SMCRA Executive Director RESOLUTION Date: February 12, 2007 ITEM No. APPROVAL TO RESCIND A PRIOR MOTION TO APPOINT THE CITY MANAGER AS SMCRA EXECUTIVE DIRECTOR A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) RELATING TO STRUCTURE OF THE AGENCY; RESCINDING PROSPECTIVELY THE SMCRA MAY 10, 2000 MOTION TO APPOINT THE CITY MANAGER AS THE EXECUTIVE DIRECTOR OF, THE SMCRA; CREATING THE NEW POSITION OF SMCRA DIRECTOR WHICH POSITION SHALL BE INDEPENDENT OF THE CITY MANAGER POSITION; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the May 10, 2000 Meeting, the Board approved a motion to select the City Manager as Executive Director of the SMCRA. During the January 8, 2007 Meeting, the Board requested a legal determination of a proposal to rescind the May 10, 2000 motion. During the meeting, the Board indicated a desire to create an independent director position, which would be separate and apart from the city manager position thus eliminating the position of Executive Director. Moreover, the Board desired that a new, independent director position would be a Board appointed position, and that the individual, holding the position would report directly to the Board and run the daily operations of the Agency. Approval of the attached resolution shall affectively rescind the May 10, 2000 motion to appoint the City Manager as SMCRA Executive. Director an addition to creating the permanent position of SMCRA Director, which position shall be independent of the City Manager, and which position shall require the director to report directly to the SMCRA Board. Attachments: Draft Resolution YSMlSDEAC R A\Approval to Rescind a Prior Motion.doc 1 2 3 4 5 6 7 8 9 .10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO STRUCTURE OF THE AGENCY; RESCINDING PROSPECTIVELY THE SMCRA MAY 10, 2000 MOTION TO APPOINT THE CITY MANAGER AS THE EXECUTIVE DIRECTOR OF THE SMCRA; CREATING THE NEW POSITION OF SMCRA DIRECTOR WHICH POSITION SHALL BE INDEPENDENT OF THE CITY MANAGER POSITION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the South Miami Community Redevelopment Board ( SMCRA) on May 10, 2000, voted to select the city manager for the position of executive director of the SMCRA; and, WHEREAS, the SMCRA Board during the January 2007 meeting indicated a desire to create an independent director position, which position would be separate and apart from the city manager position and would eliminate the SMCRA Executive Director position; and, WHEREAS, the SMCRA board desire that the new, independent director position, would be an appointed position by the SMCRA Board, and the person holding the position of director would report directly to the board and run the daily operations of the agency; and, WHEREAS, the SMCRA Board seeks to rescind the application of the May 10, 2000 motion of the board, and to establish the independent position of SMCRA Director. NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The above whereas clauses are incorporated by reference into this resolution. Section 2. . The South Miami Community Redevelopment Agency rescinds the SMCRA motion of May 10, 2000, which resolution created the Page 1 of 2 Additions shown by underlining and deletions shown by eves. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23, 24 25 26 27 28 29 30 31 32 33 34 35 36 37 position of Executive Director of the SMCRA, which position was to be held by the City of South Miami City Manager. Section 3. The SMCRA hereby creates the permanent position of SMCRA Director, which position shall be independent of the City of South Miami, and which position shall require the director to report directly to the SMCRA board. Section 4. The SMCRA intends to complete a search for a permanent director of the SMCRA. Stephen David is the Acting Director of the SMCRA pending the completion of the search and selection for a Director. Section 5. This resolution shall take effect immediately upon adoption of this resolution. PASSED AND ADOPTED this day of February, 2007. ATTEST: City of South Miami Community Redevelopment Agency Clerk READ AND APPROVED AS TO FORM: Eve A. Boutsis, Office General Counsel South Miami Community Redevelopment Agency Page 2 of 2 APPROVED: Chairperson Horace Feliu Board Vote: Chairperson Feliu: Vice Chairperson Wiscombe: Board Member Birts: Board Member Palmer: Board Member Beckman: Board Member Ellis: Board Member Williams: Additions shown by underlining and deletions shown by ^v°'H g. Making our Neighborhood a Groot Place to Live, Work and Play" To: Honorable Chair and Date: February 12, 2007 SMCRA Board Members From: Yvonne Soler- McKinle ITEM No. SMCRA Executive Direeto AMENDMEN TO A SMCRA IMPOSED DEED RESTRICTION RESOLUTION A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO AFFORDABLE HOUSING CONSTRUCTION; AUTHORIZING AN AMENDMENT TO AN EXISTING SMCRA IMPOSED DEED RESTRICTION ON PROPERTIES CONVEYED TO HABITAT OF HUMANITY AND LOCATED AT 6016 SW 63RD STREET BEARING FOLIO NO." 09- 4025- 010 -0830 AND 6350 SW 60TIl STREET BEARING FOLIO NO. 09- 4025- 010 -0820; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the July 18, 2005 Meeting, the Board. authorized a , conveyance of SMCRA owned properties located at 6016 SW 63`d Street, Folio No. 09- 4025- 010 -0830 and 6350 SW 60t Street, Folio No. 09- 4025- 010 -0820 to Habitat of Humanity for the purpose of constructing two single - family affordable housing units. The conveyance of the two lots was contingent upon the recording of specific, performance based deed restrictions. The recorded deed restrictions included specific dates for both commencement and completion of construction. One of the recorded deed restrictions specifically stated that the Developer commence work on the "improvements". by no later than December 2005 and complete the "improvements" by December, 2007 (See Exhibit A). Due to delays in the review and development approval process, the contemplated improvements to 6016 SW 63`d Street and 6350 SW 60`h Street shall not be completed as required by December, 2007. It is anticipated that housing construction at 6016 SW 63`d Street and 6350 SW 601h Street will commence by no later than October 2007 and be completed by Habitat of Humanity by no later than February 2008. Approval of the attached resolution shall authorize an amendment to the attached deed restriction to extend the required times for both project commencement and completion. RECOMMENDATION Staff recommends approval of the attached resolution authorizing an amendment to extend an existing SMCRA imposed deed restriction on properties previously conveyed to Habitat of Humanity. Attachments: Draft Resolution SMCRA Lot Conveyance Resolution (July 18, 2005) YSM/SD:ICRMAmendment to a SMCRA Imposed Deed Restriction.doc 2 RESOLUTION NO: 5 6 A RESOLUTION OF THE '' SOUTH MIAMI, COMMUNITY 7 REDEVELOPMENT. AGENCY (SMCRA) RELATING. JO 8 'AFFORDABLE HOUSING CONSTRUCTION; AUTHORIZING 9 AN AMENDMENT TO AN EXISTING SMCRA IMPOSED 10 DEED ` RESTRICTION IMPOSED ON: PROPERTIES 11 CONVEYED' TO HABITAT OF HUMANITY AND. LOCATED 12 AT 6016 SW '63R STREET,, FOLIO NO. 09- 4025 - 010 -0830 AND 13' 6350 SW 60TH STREET, . FOLIO NO. 09 -4025- 010 -0820; AND 14 PROVIDING AN EFFECTIVE DATE. 15 .. 16 17. WHEREAS, during the July 18, 2005 Meeting, the Board authorized a .18 conveyance of .SMCRA owned properties located at 6016 SW 63rd Street, Folio. No: 19 09- 4025 -010 -0830 and 6350 SW `600' Street, Folio No. 09- 4025 - 0.10 -0820 to 'Habitat 20 of Humanity for the 'purpose of constructing two single- family affordable .housing 21 units; and 22 23 WHEREAS,the.conveyance of 6016 SW 63rd- Street and 6350 SW 60'h Street 24 was contingent upon. the recording of specific, performance based deed restrictions., 25 on both properties; and 26 27. WHEREAS,` the -recorded deed restrictions included specific dates for the 28. commencement and completion of project construction; and 29 . 30 WHEREAS, one of the deed restrictions specifically stated that the Developer 31 commence work on the "Improvements" no later than December 2005 and complete 32 the "Improvements" by December, 2007; and 33 34:. WHEREAS, the above. referenced deed restrictions were officially recorded 35: by Miami -Dade County on October 6,.2005; and 36 37 WHEREAS, due to delays in the review and development approval process, 38 the. contemplated "Improvements" to 6016 SW 63rd.Street and 6350 SW 600i Street 39 will not be'completed as required by December, 2007; and 40 41 WHEREAS, it is anticipated that housing construction at 6016 SW 63rd Street 42 and 6350 SW 60'x' Street will commence by no later than October 2007; and 43 44 1 WHEREAS, it is anticipated. that, housing construction at 6016 SW 63`d Street 2' and 6350 SW, 60th; Street will be completed by Habitat of Humanity no .later than 3 February 2008; and 4. 5 WHEREAS, the SMCRA seeks to facilitate construction of affordable . 6 housing on lots conveyed by the SMCRA.to Habitat of Humanity; 7. 8 WHEREAS;- Habitat of Humanity has a proven track. record of developing f 9 affordable housing in Miami -Dade County. 10 11 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY 12 REDEVELOPMENT AGENCY BOARD FOR THE ` CITY OF SOUTH MIAMI, FLORIDA: 15 16 Section 1. The* South Miami' Community Redevelopment Agency (SMCRA) 17 authorizes an amendment to the existing deed covenants attached as- Exhibit A. 18 19 Section 2. The following amendments to Exhibit.A, Part 2 shall.be authorized 20 and duly recorded by the Clerk of the Court for Miami -Dade County: 21. 22 The Developer will commence work on the Improvements consisting of 23 affordable housing single-family. homes not later than . b October 24 2007 and shall complete the Improvements by Deeember-, March 2008. 25 26 Section 3. This resolution shall take effect immediately upon approval. 27 28 29 PASSED AND ADOPTED this day of February, 2007. 30 31 32 ATTEST: APPROVED: 33 34 . 35 City of South Miami Chairperson Feliu 36 Community Redevelopment Agency, Clerk 37 38 Board Vote: 39 Chairperson Feliu: 40 Vice Chairperson Wiscombe: 41 READ AND APPROVED AS TO FORM: Board Member: Palmer 42 Board Member Brits: 43 Board Member Beckman: 44 Board Member Ellis: 45 Board Member Williams: . 46 Eve A. Boutsis, General Counsel EXHIBIT A RESOLUTION NO. CRA 24 -05 -171 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BOARD OF' DIRECTORS AUTHORIZING ' THE EXECUTIVE DIRECTOR TO - CONVEY CRA OWNED PROPERTIES' LOCATED ' AT 6350 ' SW 601h AVENUE AND 6.016 SW 63 STREET, MORE SPECIFICALLY SET FORTH IN A LEGAL DESCRIPTION BELOW, TO HABITAT FOR HUMANITY OF GREATER MIAMI, INC. FOR THE PURPOSE OF CONSTRUCTING AFFORDABLE SINGLE FAMILY HOUSING; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the South Miami Community' Redevelopment Agency (SMCKA) owns the following described surplus property: (1) Lots 77 & 78 Less North 5 Feet of Lot 78 & Less Ext. Area of Curve in NE Corner, Block 14, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Pa a 34, of the Public Records of _ Miami -Dade County, Florida, commonly known as 6350 SW 60` Avenue, South Miami, Florida [Folio No.: ,09 -4025- 010 -0820] (2) East. % of Lot 79, Block 14, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida, commonly known as 6016 SW 63 Street, South Miami, Florida[Folio No.: 094025- 010 -08301 WHEREAS, the South Miami Community Redevelopment Agency has a working agreement with Habitat for Humanity of Greater Miami, Inc. which includes the conveyance of property to that organization for the purpose of constructing affordable single family homes which are sold .to qualified low income applicants; and WHEREAS, the above described properties are appropriate sites for of constructing affordable single family homes; and WHEREAS, a warranty deed conveying the two properties to Habitat has been prepared by General Counsel which conveys the properties to Humanity of Greater Miami, Inc subject to a number of conditions including completion dates, restrictions on home buyers, recordation of documents, and payment of taxes. 'NOW THEREFORE BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY THAT: Section 1. The Executive Director is authorized to execute a warranty deed providing that the following legally described properties: Pagel of 2 Additions shown by underlining and deletions shown by ffeffitfikifl g. CRA Res. No. 24 -05 -171 (1) Lots 7T& 78 Less North 5 Feet of Lot 78 &Less Ext. Area of Curve in NE Corner, Block 14, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida, commonly known as 6350, SW 601h Avenue, South Miami, Florida [Folio No.: 09- 4025- 010 -0820] (2) East % of Lot 79, Block 14, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida, commonly known as 6016 SW 63 Street, South Miami, Florida [Folio No.: 09 -4025- 010 -0830] be conveyed to Habitat for Humanity of Greater Miami, Inc for the purpose of constructing. affordable single family homes which will be sold to qualified low income applicants. Section 2. The conveyance of the properties should be in accord with the Warranty Deed attached hereto and identified as Exhibit A. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of July, 2005. ATTEST: M dF ar READ AND APPROVED AS TO FORM: APPROVED: Board Vote: 6 -0 Chairperson Russell: Yea Vice Chairperson Palmer: Yea Board Member Wiscombe: absent Board Member Birts- Cooper: Yea Board Member Sherar. Yea Board Member Price: Yea Board Member Cobb: Yea JAMy Documents\CRA RESOLUTIONS 20051CRA Res Habitat Property Convey 07- IMS.doc \1MCGRUMPLANNINMC R A\Habitat Property Convey Resolution.doc Page 2 of 2 ,• ; � � 1 111111 11111 1;111 11111 lllih r.11i 11111 illl illl • CFN 2005F:1 h_h51860 OR 9k 23346 Fss 4163 - 4171; t49sl RECORDED 10/06/2003 10:33:59 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIHr CLERK, OF COURT MIAMI -DARE COUNTY► FLORIDA This instrument was prepared by: Eve A. Boutsis, General Counsel City of South Miami Community Redevelopment Agency c%oNagin Gallop Figueredo, P.A. 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Property Appraisers Parcel Identification (Folio) Numbers: 094025- 010 -0820 and 094025- 010 -0830 WARRANTY DEED THIS INDENTURE, made this to — day of July, 2005 between City of South Miami Community Redevelopment Agency, a community redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter. referred to as Grantor or "SMCRA " *) and Habitat for Humanity of Greater Miami, Inc., a Florida non-profit corporation (hereinafter referred to as Grantee or "Developer"*). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration of said Grantor in hand paid by said Grantee; the receipt whereof is hereby acknowledged, has granted, bargained and sold to said Grantee, and Grantee's I heirs and assigns forever, the following described land situate, lying and being in Miami -Dade County,'State of Florida, to wit: ' Lots 77 & 78 Less North 5 Feet of Lot 78 & Less Ext. Area of Curve in NE Corner, Block 14; FRANKLIN SUBDMSION, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida, commonly known as 6350 SW 60th Avenue, South Miami, Florida [Folio No.: 09 -4025- 010 -0820] East % of Lot 79, Block 14, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida, commonly known. as 6016 SW 63 Street, South Miami, Florida [Folio No.: 094025- 010 -0830] THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations, and easements of record, if any; but any such interests that may have been terminated are not hereby reimposed; and subject to applicable zoning ordinances, taxes and assessments for the year 2005 and subsequent years. THIS CONVEYANCE IS ALSO MADE SUBJECT TO the following covenants running with the land, and setting forth the right of reentry, to wit: 1. The Developer will commence work on the property transferred under this Deed [folio no. 094025- 010 -0820 and folio,no. 09- 4025- 010 -0830] for the development of a single - family home for affordable housing purposes (hereinafter to be known as "the Improvements "). The Developer shall be responsible for the review and selection of low income applicant home buyers in accordance with all applicable Federal, State and County and local law. However, the Developer shall prioritize applicants as follows: a. South Miami Community Redevelopment Agency residents; b. City of South Miami Role Models, as defined .by the South Miami Community Redevelopment Agency's Role Model Program; C. South Miami Community Redevelopment Agency Referrals; d. - City of South Miami Residents; and e. General Public. The SMCRA shall have the sole discretion to resolve any conflict in the prioritization of applicants. However, the Developer shall have the right to determine the ultimate purchaser of the home in compliance with Developer's non profit purposes as provided under its bylaws and guidelines. 2. The Developer will commence work on the Improvements consisting of affordable single - family homes not later than February, 2006 and shall complete the Improvements by December, 2007. 3. Promptly after completion of the Improvements in accordance with approved plans and provisions of this instrument, the SMCRA shall furnish the Developer an appropriate instrument certifying to the satisfactory completion of the Improvements. Such certification shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami -Dade County, Florida. 4. The Developer agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Developer and such successors or assigns shall: Not discriminate upon the basis of race, color, religion, sex or national origin in the sale, lease or rental or in the use or occupancy of the property or any Improvements erected or to be erected hereon or on any part thereof, and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by the SMCRA, its successors and assigns, and any successor in interest to the property, or any part thereof. The SMCRA shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any other beneficiaries of such covenant may be entitled. 5. The Developer. (or successor in interest), shall pay the real estate taxes or assessments on the property or any part thereof when due. Developer shall not suffer any levy or attachment to be made, or any material or mechanic's lien, or any unauthorized encumbrance or lien to attach except: a. Any mortgage(s) in favor or any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and b. Any mortgage(s) in favor of any institutional lender. refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and C. The recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by a Member of American Institute of Real Estate Appraisers ("MAI "), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry hereunder shall be subject to and limited by,, and shall not defeat, render invalid, or limit in any way, the lien of such mortgage. For purposes of this paragraph an "institutional lender" shall mean any bank, savings and loan association, insurance company, foundation or other charitable entity, real estate or mortgage investment trust, . pension funds, the Federal National Mortgage Association, agency of the United States Government or other governmental agency. 6. Developer shall not transfer the property or any . part thereof without consent of the SMCRA and shall not change the ownership or distribution of the stock of the Developer or with respect to the identity of the parties in control of the Developer or the degree thereof. 7. The Developer shall not transfer the property or any part thereof prior to the completion of the Improvements, consisting of affordable single - family homes, and issuance of a Certificate of Complete and/or Occupancy for the homes by the proper authority for the residing jurisdiction. 8 In the event the Developer shall violate or otherwise fail to comply with any of the covenants set forth herein or Schedule. A attached herein, the Developer shall correct or cure the default/violation*within thirty (3 0) days of notification of the default by the SMCRA. If Developer fails to remedy the default within thirty. (30) days, the SMCRA shall, have the right to reenter and take possession of the property and to terminate (and revest in the SMCRA) the estate conveyed by this Deed to the.Developer, provided, that any such right to reentry shall always be subjected to and limited by, and shall not defeat, render invalid, or limit in any way the lien of any valid mortgage or Deed or Trust permitted by this Deed. . i LAST PAGE Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. Witness Printed: A4 ©' Witness Printed: L,1ket,J?o� City of South Miami Community Redevelopment Agency By: Maria V. is, as Executive Director SEAL STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Maria V. Davis, the person described in and who executed the foregoing Warranty Deed and acknowledged before me that she executed the same, and who presented as identification the following: and she did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this b�—day of July, 2005. f'00 h Nkxga P"% J Mir Comr Jubn DD255647 E+pim Ocftw 05.2007 Notary lic �L Printed: OW116- -K1L n0 -f 2001 Ma CRA Making our Neighborhood a Great Place to Live, Work and Play' To: Honorable Chair and SMCRA Board Members From: Yvonne Soler- McKinley T�Z/ SMCRA Executive Director RESOLUTION Date: February 12, 2007 ITEM No. 9 APPROVAL TO ENTER INTO AGREEMENT WITH CABALLERO & CASTELLANO A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA), RELATING TO FINANCIAL AUDIT SERVICES, AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT FOR AUDITING SERVICES WITH THE FIRM,OF CABALLERO & CASTELLANOS, P.A. FOR THE PURPOSE OF AUDITING CRA FUND FINANCIAL TRANSACTIONS, IN AN AMOUNT NOT TO EXCEED $7,000 FROM ACCOUNT NUMBER 610- 1110 - 554 -34 -15 (AUDIT ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City of South Miami CRA plan adopted by the Commissions of the City of, South Miami and Miami Dade County in 1998 requires the City to conduct annual audits of all financial transactions in the SMCRA Fund. In December 2004, the Board authorized execution of an agreement with Caballero & Castellanos to provide audit services for the 03/04 and 04/05 fiscal years. The City Commission recently approved a resolution exercising an option to retain Caballero & Castellanos for one additional year. - During the December 20, 2004 Meeting the Board approved Resolution 19 -04 -146 authorizing the execution of a two year agreement with Caballero & Castellanos with an option to renew for one additional year (See Exhibit A). The SMCRA now desires to retain Caballero & Castellanos for one additional year to provide audit services for the SMCRA 05106 Fund. The SMCRA has allocated funding in the amount of $7,000 in the FY 06/07 Budget to, facilitate the required audit. Attached as Exhibit B is the term sheet agreement form from. Caballero & Castellanos to provide audit services. Approval of the attached resolution shall authorize the SMCRA Director to enter in contract with Caballero & Castellanos to provide audit services for the 05106 Fiscal Year. RECOMMENDATION Staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into contract with Caballero' & Castellanos to provide FY 05106 audit services in an amount not to exceed $7,000. Attachments: Drall Resolution Caballero & Castellanos Term Sheet Agreement YSM /SDE:1C R AWpproval to Enter into Agreement with Caballero & Castellano.doc i 3 RESOLUTION NO. 4 5 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 6 : REDEVELOPMENT AGENCY (SMCRA), ..RELATING TO 7 FINANCIAL AUDIT SERVICES, AUTHORIZING THE SMCRA 8 DIRECTOR TO ENTER INTO CONTRACT.. FOR AUDITING 9 SERVICES WITH THE FIRM OF CABALLERO & r: 10 CASTELLANOS, P.A. FOR THE PURPOSE OF AUDITING CRA 11 FUND, FINANCIAL TRANSACTIONS, IN AN AMOUNT NOT .TO 12 EXCEED $71000 FROM ACCOUNT NUMBER 610 -1110- 554 -34 -15 13 (AUDIT ACCOUNT); AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City of South Miami CRA plan adopted by the Commissions of 16 the City of South Miami and Miami Dade County in 1998, requires the City.to conduct 17 annual audits of all financial transactions in the 'CRA Fund; and 18 19 WHEREAS, the City. Commission recently approved Resolution 165 -06 -12306 20 exercising an option to retain Caballero & Castellanos for one additional year; and 21= 22 WHEREAS, during the iDecember 20, 2004 :. Meeting the Board approved 23 Resolution 19 -04 -146 authorizing the execution of a two year agreement with. Caballero 24 & Castellanos with an option to renew for. one additional. year; and 25 26 WHEREAS,' The SMCRA. now desires .to. retain Caballero & Castellanos for one 27.. additional year to provide audit services for the SMCRA 05/06 Fund; and 28 29 ' WHEREAS, The. SMCRA has allocated funding in the amount of $7,000 in the 30 FY 06/07 Budget to facilitate the required audit. V31 32 NOW, THEREFORE, BE IT RESOLVED BY THE : SOUTH :, MIAMI 33 COMMUNITY REDEVELOPMENT AGENCY:. 34 . 35 Section 1. The SMCRA Director is authorized to enter into contract with the 36 firm of Caballero & Castellanos, P.A. to audit FY 05/06 SMCRA fund for an amount not to exceed seven thousand dollars ($7,000.00). 39 Section 2. The SMCRA Director is authorized to sign the service contract with the option to renew for an additional, year, if so desired by SMCRA. 4432 Section 3. This resolution shall take, effect immediately upon approval. 44 45 PASSED AND ADOPTED this day of February, 2007. 46 47 ATTEST: APPROVED: 48 49. 50 South Miami Chairperson Horace Feliu 51 Community Redevelopment Agency Clerk 52 1 2 3 4 Board Vote: 5 Chairperson Feliu: 6 Vice Chairperson Wiscombe: 7 READ AND APPROVED AS TO FORM: Board Member Birts 8 Board Member Palmer: 9 Board Member Beckman: 10 Board Member Ellis: 11 Board Member Williams: 12 Eve A. Boutsis, Office General Counsel South Miami Community Redevelopment Agency 113 15 1 ,. .. 2 2 224 25 2 2 q3 4 6 40 EXHIBIT A RESOLUTION NO. CRA 19 -04 -146 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA), RELATING TO FINANCIAL AUDIT SERVICES, AUTHORIZING THE EXECUTIVE' DIRECTOR TO ENTER INTO CONTRACT. FOR AUDITING SERVICES WITH THE FIRM OF CABALLERO & CASTELLANOS, P.A. FOR THE PURPOSE OF AUDITING CRA FUND FINANCIAL TRANSACTIONS, IN AN AMOUNT NOT TO EXCEED $5,000 FROM ACCOUNT NUMBER 610 - 1110 - 554 -32 -10 LEAVING A BALANCE OF $2,500; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami CRA plan adopted by the Commissions of the City of South Miami and Miami Dade County in 1998, requires the City to conduct annual audits of all financial transactions in the CRA Fund; and WHEREAS, in October 2004, the City solicited bids for audit services bids and received responses from three firms; and WHEREAS, one of the firms that submitted bids was selected to conduct General Fund audit services for the City, and the CRA Administration wishes to negotiate a contract with this firm to perform audit work with this firm; and WHEREAS, the City members of the Audit Review. Committee have recommended that the firm of Caballero & Casellanos, P.A. perform the audit work for the.CRA fund. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The Executive Director is authorized to negotiate a financial audit services contract with the firm of Caballero & Castellanos, P.A. to audit CRA Fund for an amount not to exceed five thousand dollars ($5,000.00). Section 2. The Executive Director is authorized to sign the service contract with the option to renew for an additional year, if so desired by SMCRA. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 20`x' day of December, 2004. ATTEST: APPROVE QI CRETARY CH IR RSON READ AND APPROVED.AS TO FORM: C1yY,kTjMNEY Board Vote: 5 -0 Chairperson Russell:. Yea Vice Chairperson Palmer: Yea Board Member Wiscombe: absent Board Member Birts- Cooper: absent Board Member Sherar: Yea Board Member Cobb: Yea Board Member Price: Yea Allmi, Caballero & Castcllanos, L-L.P. CERTIFFIEo PUBLIC ACCOUNTANTS ac CONSULTANTS September 26, 2006 Ms. Yvonne Soler- McKinley, City Manager City of South Miami, Florida 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Soler- McKinley: EXHIBIT B 4649 PONCE DE LEON BLVD. SUITE 404 CORAL GABLES, FL 33146 TEL (305) 662 -7272 FAX (305) 675 -8376 We are pleased to confirm our understanding of the services we are to provide the City of South Miami Community Redevelopment Agency, Florida (the CRA) for the fiscal year. ended September 30, 2006. We will audit the financial statements of the governmental activities and the major-fund; which collectively comprise-the entity's basic financial statements, of the City of South Miami Community Redevelopment Agency as of and for the fiscal year ended September 30, 2006. The following supplementary information accompanying the basic financial statements is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Managements Discussion'andAnalysis. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the CRA and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully. discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The reports on internal control and compliance will each include a statement that the report is intended solely for the information and 'use of the audit committee, management, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. 2' Management Responsibilities Management is responsible for establishing and maintaining effective internal control and for compliance with the provisions of applicable laws, . regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments. by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, the. aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the CRA and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing ,us about all known or suspected fraud, or illegal acts affecting the government. involving. (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities Include informing us of your knowledge of any allegations of fraud or suspected fraud, or illegal acts, affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. As. part of the audit, we will prepare a draft of your financial statements and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further; you are required to designate a qualified management -level individual to be responsible and accountable for overseeing our services. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free. of material .misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts. by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Govemment Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed. examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that, come to our attention. We. will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors: Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the CRA's financial statements. We will obtain an understanding, of the design of the relevant controls and whether they have been placed In operation, and we will assess control risk Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct.and material effect on the financial statements. Tests of controls are required only if control risk is assessed below the maximum level. Our tests, if performed,.will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body, or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards. Audit Procedures — Compliance Identifying and ensuring that the CRA complies with the provisions of laws, regulations, contracts, agreements, and grants is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are' free of material misstatement, we will perform tests of the CRA's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants.. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information.. In addition, we will secure confidentiality agreements,with all service providers to maintain the confidentiality of your information and we will take reasonable, precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. (Continued) The audit documentation for this engagement is the property of Alberni Caballero & Castellanos, LLP and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to regulators or their designee, .,a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Alberni Caballero & Castellanos, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend,. or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for minimum of five years after the report release date or for any additional period requested by any regulator. if we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Our fee for these services will be at our standard hourly rates plus out -of- pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed V000. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2005 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of South Miami Community Redevelopment Agency and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Nestor Caballero, Partner Alberni Caballero & Castellanos, LLP RESPONSE: This leKiRth he un rstanding f the City of South Miami Community Redevelopment Agency. Title: 4 Date: 1 0, l 2001 Making our Neighborhood a Great Place to LAff_1 Kock and Play" To: Honorable Chair and Date: February 12, 2007 SMCRA Board Members From: Yvonne Soler- McKinle ITEM No. SMCRA Executive Director AUTHORIZATION TO ENTER INTO, AGREEMENT WITH THE ASSOCIATED GENERAL CONTRACTORS OFAMERICA RESOLUTION A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) RELATING TO . EMPLOYMENT TRAINING; AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO AGREEMENT WITH THE SOUTH FLORIDA CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA FOR GRANT FUNDING IN AN AMOUNT NOT TO EXCEED $22,500 FOR EMPLOYMENT TRAINING AND JOB PLACEMENT SERVICES FOR ELIGIBLE SOUTH MIAMI RESIDENTS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND On October 17, 2006, the Board adopted the SMCRA 06/07 Budget. The adopted budget included line item funding of up to $22,500 for the South Florida Associated General .Contractor's (SFAGC) Apprenticeship Program. The South Florida Associated General Contractors is the oldest construction organization in Florida and is one of the largest construction training providers in the State (See Exhibit A). Since the program has been certified by the State of Florida and the U.S. Government Department of Labor, numerous graduates have been placed in productive construction related employment fields. During FY 05106, the SMCRA provided grant funding to the South Florida Associated General Contractors to implement the Apprenticeship Program. During, prior fiscal year, the Associated General Contractors secured 17 full -time employment programs for local. graduates and received applications from 68 interested residents. During the current fiscal year, the South Florida Associated General Contractors intends to continue to assist in recruiting SMCRA residents for participation in the Apprenticeship Program. Approval of the attached resolution shall authorize the SMCRA Director to enter into agreement with the South Florida Associated General Contractors to provide apprenticeship training and placement services in the SMCRA Area (See Exhibit B). RECOMMENDATION: Staff recommends approval of the attached resolution authorizing the SMCRA Director to enter into agreement with the South Florida Associated General Contractors (SFAGC) for FY 06/07 implementation of the AGC Apprenticeship Program. Attachments: Draft Resolution Grant Agreement YSM /SD EX R A\Approval of Apprenticeship Program Grant Agreement.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF: THE'. SOUTH MIAMI COMMUNITY' .. 4 REDEVELOPMENT AGENCY ( SMCRA) RELATING TO 5 EMPLOYMENT TRAINING; AUTHORIZING THE SMCRA DIRECTOR 6 TO ENTER -INTO AGREEMENT WITH. THE SOUTH . FLORIDA 7 CHAPTER OF THE ASSOCIATED GENERAL . CONTRACTORS 'OF 8 AMERICA FOR GRANT FUNDING IN AN, AMOUNT NOT, TO EXCEED 9 $22,500 FOR EMPLOYMENT TRAINING AND JOB PLACEMENT .10, SERVICES :FOR ELIGIBLE SOUTH . MIAMI RESIDENTS; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS,. On October 17, 2006, the Board adopted, the SMCRA 06/07 14 Budget; and 16 WHEREAS, the adopted budget ' included line item funding of up to 17 $22,500 for the South Florida Associated General Contractor's: (SFAGC) 18 Apprenticeship Program; and 19. 20 WHEREAS, the South Florida. Associated : General Contractors is '. the 21 oldest construction organization ' in Florida. and is one of the largest construction 22 training providers_ in the State and since the :program has been 'certified by the 23 State. of Florida and 1 the U.S. Government Department of Labor, numerous 24 graduates have been placed in productive. construction related employment fields; 25 and. 26 27 WHEREAS, during FY 05/06, the SMCRA provided grant funding to the 28 South Florida Associated General Contractors to, implement.. the, Apprenticeship 29 Program; and 30 31 WHEREAS, during prior fiscal .year, the Associated General: Contractors 32 secured 17. full -time employment programs .for local program graduates and 33. received applications from 68 interested residents; and 34 _ 35. WHEREAS, during FY ' 06/07, the South Florida Associated General 36 Contractors intend to continue to recruit SMCRA residents for participation in this 37 program and .to provide.much needed employment training in the SMCRA Area: 38 and 39 40 WHEREAS, as a result of the program's implementation, unskilled 41 SMCRA residents have been given the opportunity to gain hands -on training and 42, employment placement; and 43 1 WHEREAS, employment training and placement is an integral part 2 of a comprehensive approach towards community redevelopment. 3 4 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY 5 REDEVELOPMENT AGENCY : BOARD FOR THE CITY, OF : SOUTH 6 MIAMI, FLORIDA:.. 7 8 Section 1. 'The South Miami Community Redevelopment Agency (SMCRA) 9 authorizes the. SMCRA Director to enter into agreement with the South Florida 10 Chapter, of the Associated General Contractors (SFAGC) of America for a total l 11 grant amount, not to exceed 522,500 to provide apprenticeship employment and 12 job placement services in the SMCRA Area. 13 14 Section 2. All SMCRA gr ant fundin g disbursements made to South Florida 15 Chapter of the Associated General Contractors the shall be contingent upon the 16 satisfaction of all. terms and conditions, outlined in the agreement attached as 17 'Exhibit B. . 18 19 Section 3.. This resolution shall lake effect immediately upon approval. 20 21 22 PASSEDAND ADOPTED this day of February, 2007: 23 25 ATTEST: APPROVED: 26 : . 27 . 28 City of South Miami Chairperson Feliu 29 Community Redevelopment Agency Clerk 30 .31 32 Board Vote: 33 Chairperson Feliu: 34 : Vice Chairperson, Wiscombe: 35 READ AND APPROVED AS TO FORM: Board Member: Palmer 36 Board Member Brits: 37 Board Member Beckman: 38 Board Member Ellis: 39 Board Member Williams: . 40 Eve A. Boutsis, General Counsel SFAGC-Members WARIIUVI I�mp o r t an t Our Pledge to You.,. I r, f a r im a t i o n "Maintain the highest business and ethical standards that befit the honor of the ��by" ��ou� ��ega�� . Ucensed What We Do Today Government Relations The members of the South Florida Chapter ofAGC active to assure that the President and more important|y, the members of Congress are kept abreast nf the position of the industry on each and every bill. Some ofABCs legislative priorities in Congress ere: Market Development, Legislative Activism, AVoice-In -VVashington, Tax Relief, Member Benefits, Local and National Staff Assistance with DOT and FHVVA, ]udic\a Activism, Competitive Edge, Human Resources and Labor Relations, and Safety. Legal Action We have used the system over and again to protect the rights of our members, owners, subcontractors and the public. We stand ready to assist \n any litigation that challenges our fundamental freedoms. Community Relations Citizen groups in South Florida know that we do no represent all who call contacts governance committees services �nn��mm AboutAGC The Associated General Contractors of America (AGC), the voice of the construction industry, is an organization of qualified construction contractors and industry related companies dedicated to certain principles, skill, integrity, and responsibility. The AGCwas established in 1918 after request by President Woodrow Wilson, which resulted \n the organization's auspicious beginning. President Wilson ,recognized the construction industry's national importance and szoc�Jrn�� the desired partnership with which the government could discuss and plan for the advancement o the nation. The AGC has fuifilled that mission for the last 86 years u��u�nu�s through its dedication of being the source authority on matters of the industry, educating the industry to employ the finest skills, promoting the use of the latest technology and advocating legislative reform on beha|f of the industry. �7T mm71��rnc�� The South Florida Chapter of the Associated Gencra| Contractors of America (SFAGC) was charted in 1922 and is the oldest, most prestigious, contractor association in South Florida, If You are looking to increase your standing in the industry, enhance your company's profitability or clout, new market access and to strengthen the voice of contractors in America, then the AGC is your bottom line, TheSFAG[, in conjunction with the AG[nfAmerica, is committed to the three principles of industry advancement and opportunity: Skill, Integrity, and Responsibility. If you believe in our abiding principles, you need to join with many others to promote 'these principles. I�mp o r t an t Our Pledge to You.,. I r, f a r im a t i o n "Maintain the highest business and ethical standards that befit the honor of the ��by" ��ou� ��ega�� . Ucensed What We Do Today Government Relations The members of the South Florida Chapter ofAGC active to assure that the President and more important|y, the members of Congress are kept abreast nf the position of the industry on each and every bill. Some ofABCs legislative priorities in Congress ere: Market Development, Legislative Activism, AVoice-In -VVashington, Tax Relief, Member Benefits, Local and National Staff Assistance with DOT and FHVVA, ]udic\a Activism, Competitive Edge, Human Resources and Labor Relations, and Safety. Legal Action We have used the system over and again to protect the rights of our members, owners, subcontractors and the public. We stand ready to assist \n any litigation that challenges our fundamental freedoms. Community Relations Citizen groups in South Florida know that we do no represent all who call SFAGC - Members Page 2 of 3 themselves contractors. That is why we have been called upon so often to educate and instruct the public on general contracting. Recent examples include: • "The first construction organization to propose a "privatized plan review system" to reduce the delays in the Miami -Dade Building'Department • "The only construction organization to support a "Community workforce" development program . "The only construction organization to assist in training MDCPS employees in "state -of- the -art" systems on construction programs and "quality control' • "The only construction organization to train project managers and other employees of the School Board of Broward County Technology The world is dramatically changing, as is construction. AGC is the acknowledged leader in not only educating members about the emerging changes, but affecting them as well. We were the. only Local construction organization to sponsor a nationally attended e- Commerce seminar, drawing nearly 200 people from all ove the nation to learn about the latest developments in computer technology and the construction industry. Workforce Development Apprenticeship -AGC has the fastest growing apprenticeship program in the area. The AGC Carpentry Apprenticeship program has a brand new look. Our program has done' a 1800 turn over the last year, doubling in size and raising the bar in our quest to be the best Apprenticeship Program in Florida. Our mission is simple: To produce the lead carpenters, foreman and superintendents of tomorrow. ,WorkForce One Partnership AGC has recently received a grant from the WorkForce One agency as part of the Florida Work Force program. This grant allows AGC's WorkForce Intermediary to work with contractors and subcontractors to train and place many of our citizens for a career in the construction industry. CSBE AGC, as stated before, does not believe in race or gender discrimination and has won several lawsuits that attempt to place "quota systems" on such for government contracts. Instead of the discriminatory MBE systems, AGC supports, and- may be the only construction organization that does support, a Community Small Business Enterprise System, which flourishes in Miami -Dade. Miami -Dade County construction contractors may also participate in the race and gender neutral Community Small Business Enterprise (CSBE) Program, which offers bonding and financial assistance. A Mentor Protege program is also available. This community -based effort seeks to pair emerging certified CSBEs (Proteges) with similar more experienced and successful firms (Mentors) in order to provide the Protege with business advice, assistance and training. For more information, please contact: Miami -Dade County Department of Business Development, Stephen P. Clark Center, 111 N.W., 1st Street, 19th Floor, Miami, FL 33128 - 1900, Phone: 305 - 375 -3111. Safety We are the only construction organization in Florida that has a full partnership with OSHA, through our C.H.A.S.E. (Construction Health and Safety Excellence) program that reduces or. eliminates OSHA inspection (we do our own safety audits). The AGC Safety Program provides thousands of construction workers with much- needed safety training and serving dozens of contractors and subcontractors by helping them reduce worker's compensation costs. The prograrr is a fully equipped mobile classroom brought right to the jobsite. We have a full SFAGC - Members Page 3 of 3 time safety director teach and certify all programs. Contract Documents We publish an expansive array of contract documents. These documents and related materials address different tiered relationships and project delivery approaches found.in today's construction environment. AGC worked closely in the development of these documents with the American Institute of Architects. privacy policy © Copyright 2004 The South Florida Associated General Contractors (SFAGC) of America. All Right EXHIBIT B AGREEMENT BETWEEN THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND SOUTH FLORIDA CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS THIS AGREEMENT is made this day of , 2007, between the South Miami Community Redevelopment Agency ( SMCRA) and the South Florida Chapter of the Associated General Contractors ( SFAGC) WHEREAS, the SMCRA and SFAGC desire to coordinate their efforts in the planning and operation of the project identified in Exhibit 1 to provide a journeyman apprenticeship training program' for SMCRA residents and desire to enter into this agreement to memorialize their obligations and responsibilities in regard to this project. NOW THEREFORE, in consideration of the covenants and agreements below, the parties agree as follows: 1. Project Scope. SFAGC will provide labor to accomplish the project with a scope of services to be rendered under Exhibit 1. 2. Training. All apprenticeship training shall be performed by SFAGC's representatives. 3. Term. All apprenticeship employment training and placement services provided by the South Florida Chapter of the Associated General Contractors the shall be completed by no later than September 31, 2007. 4. Payment. The SMCRA shall make payment to SFAGC for the services to be provided, as provided under the AGC Pre - Apprenticeship Program Profit and Loss sheet (funding shall be provided at $1,500, per student, with a maximum grant for 15 students). The grant funding shall be provided to SFAGC upon proof of enrollment of 15 students for the. AGC Pre - Apprenticeship. Program, within fifteen (15) days of the joint execution of this agreement. Ten percent of the grant shall be withheld until after the two apprenticeship training seminars are held and proof of same is provided to the SMCRA. Within 15 days of receiving the proof that the two'apprenticeship training seminar was held for the 15 students, the SMCRA shall issue final payment. If enrollment is for less that 15 students, then the SMCRA grant to SFAGC shall be reduced by $1,5000, for each student less than 15 students contemplated in this agreement (for example: 13 students X $1;500 = $18,500). Page 1 of 4 SMCRA SFAGC 6. No Interest Due to Late Pa m The SMCRA shall make payment to SFAGC within 30 days of receipt of the original written invoice and, sufficient backup documentation and acceptance of the work by the SMCRA. No interest shall accrue on unpaid invoices. SFAGC shall not be entitled to any carrying charges or finance fees due to late payment by the SMCRA. 7. Termination Without Cause. The performance of services under this. agreement may be terminated upon ten (10) days written notice from the SMCRA. In the event of termination by the SMCRA, SFAGC shall not be entitled to any compensation other than that earned during the period up to termination. SFAGC may terminate this agreement by giving sixty (60) days written notice to the SMCRA, and no compensation shall be given to SFAGC after the day the notice is received by the SMCRA. 8. Independent Contractor. SFAGC, its employees and agents shall be deemed independent contractors and not agents or employees of SMCRA, and shall not attain any rights or benefits generally afforded SMCRA employees. 9. Venue and Jurisdiction. This agreement shall be governed by and construed in accordance with the Laws of the State of Florida, and venue for any action shall be in Miami -Dade County, Florida. 10. Sovereign Immunity and Attorney's Fees. The SMCRA does not waive sovereign immunity for any claim for breach of contract or for, an award. of. prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 11. Assi ng_ment. SFAGC may not assign, or transfer this agreement or any part of this agreement. 12. Authorized Agent. The SMCRA and SFAGC shall each designate one person who shall be authorized representatives with respect to this agreement. The representative of the SMCRA shall be the Executive Director; the representative of SFAGC shall be provided at the time of the joint execution of this agreement. 13. Notices. All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the contractor and to the. SMCRA specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. Page 2 of 4 SMCRA SFAGC Contracting Officer Representation. For the purposes of this contract, the contracting officers are as follows: To the SMCRA: The City of South Miami Community Redevelopment Agency SMCRA Director 6130 Sunset Drive South Miami, Florida 33143 To SFAGC: Lenard D. Mills, Executive Vice President South Florida Associated General Contractors Post Office Box 267607 Sunrise, Florida 33326 15. Force, Majeure. Neither party shall hold the other responsible for damages or for, delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have, been reasonably foreseen and prevented. For this purpose, such acts or circumstances shall include, 'but not . be limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes,', lockouts, or, other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 16. Sovereign Immunity. The SMCRA desires to enter into this agreement only if in so doing, the SMCRA can place a limit on the SMCRA's liability for any cause of action or claim arising from this agreement, so that the liability be limited to a maximum of $22,500. Accordingly, and notwithstanding any other term or condition of this agreement, SFAGC agrees that the SMCRA shall not be liable to SFAGC for damages in an amount in excess of $22,500 for any action or claim arising out of this agreement. Nothing contained in this paragraph or elsewhere in the agreement is in any way intended to be a waiver of the limitation placed upon the SMCRA's liability as set forth in Section 768.282 Florida Statutes. 17. Indemnification. SFAGC shall indemnify and hold harmless .the SMCRA, its officers, employees, agents and Commissioners from any and all liability, losses or damages, including attorney's fees and costs of defense, which the SMCRA; its officers, employees, agent and Commissioners may incur as a result of claims, demands, suits, causes of actions or proceeding of any kind or nature arising out of the negligence of SFAGC relating to this agreement. SFAGC Page 3 of 4 SMCRA SFAGC shall pay all claims and losses and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the SMCRA, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue. SFAGC expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by SFAGC shall in no way limit the responsibility to indemnify, keep and save harmless and defend the SMCRA or its officers, employees, agents and Commissioners. Nothing shall be construed to effect or waive the SMCRA's limits of liability provided in Section 768.28, Florida Statutes. 18. Entire Agreement. The agreement constitutes the entire agreement between the SMCRA and SFAGC in regard to the subject matter and supercedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. It has been induced by no representations, statements,.or agreements, other than those expressed. No agreement hereafter made between the parties shall be binding on either party unless reduced to writing and signed by the authorized representative of the parties. 19. Severability. If any provision or provisions of this agreement shall to any extent be invalid or unenforceable, the remainder of this agreement shall not be affected thereby and. the remaining provisions shall. be valid and enforceable to the fullest extent. . 20. Miscellaneous Provision. In the event a court must interpret any word or provision of this agreement, the word or provision shall not be construed' against either party by reason of drafting or negotiating this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives, as follows: The City of South Miami Community Redevelopment Agency By: SMCRA Director Approved as to form: By: Eve A. Boutsis, General Counsel South Florida Associated General Contractors By: Lenard D. Mills,. Executive Vice - President Page 4 of 4 SMCRA SFAGC /J 'EXHIBIT.I. B South Florida Chapter P.O. Box 267607 Sunrise, Florida 33326 Telephone (954) 693 -9322 Fax (954) 382 -5748 Consultant Services for the Development of a Comprehensive Construction Training Program Oncianization Profile and Qualifications A Journey. to, Success "Success is a Journey, Not a Destination "...Just Dreaming Doesn't Work. We provide a launching pad to a career in America's biggest industry. The Proposer The South Florida Associated General Contractors is the oldest construction organization in Florida, chartered in 1922, and one of the largest construction training providers in the state. We have trained and placed hundreds of graduates from our Journeyman Apprenticeship Training Program since we were first . certified by the State of Florida and the U.S. Government Department of Labor in 1988. All. certifications are available for inspection. Size The SFAGC is a local chapter of the largest commercial construction organization in the United States, the Associated General Contractors of America, headquartered in Arlington, Virginia. Our local chapter represents contracts, subcontractors, suppliers and construction professionals in Miami -Dade and Broward counties, and we have many members from other counties and other states and nations. Please 'see our webpage www.sfagc.ora for details of our membership. Range ofActivities and Services The range of activities and services provided by the SFAGC are too numerous to explain here. They are contained on our webpage and in the attached membership recruitment document, "15 Good Reasons...". For the purposes of this proposal, the range of activities and services particular to training and placement of students are: • The SFAGC has operated since 1988 a Carpentry Apprenticeship Program in Broward County • The SFAGC has operated since 2005 a Carpentry Apprenticeship Program in the City of South Miami • There are currently 127 students in these programs • The SFAGC has operated two pre- apprenticeship and placement programs in the City of South Miami since 2005, with sixty-eight registrants. Although we promised best efforts to secure fifteen jobs, we actually provided seventeen jobs for students. • The SFAGC operated a pre- apprenticeship and placement program in the City of Pompano. Beach in 2006, with thirty-four registrants. Twenty-six graduated and all were given employment opportunities with local contractors. • The SFAGC has the first Safety Training Program for Construction in Florida, having received grants from the U.S. Department of Labor (OSHA). • The SFAGC is the ONLY construction organization in Florida with a full partnership agreement with OSHA (the Construction Health And Safety Excellence program "C.H.A.S.E. ") • Under these programs, the.SFAGC has trained thousands (over 8,000 at latest count) construction workers in safety techniques, dramatically reducing the fatalities and accidents in construction in South Florida. Expertise in. and Experience with Similar Programs The SFAGC conducted, under a similar program and grant, a program to train and place individuals who were unemployed in the City of South Miami. The results of the program are documented above. The City of South Miami obviously was pleased with the results and funded the second phase of the program in 2006 and are seeking to continue the program in 2007. Additionally, the SFAGC conducted a program in partnership with the City of Pompano Beach and HUD early in 2006, the results of which are documented above. Primary Individuals for Supervising the Work The following individuals will be responsible for the program: • Management: o Leonard D. Mills, Executive Vice President/CEO of SFAGC (resume attached) • Director of Training: o Izett Scott, Apprenticeship Director for SFAGC (resume attached), certified instructor by Broward County • Trainer: o Darryl McIntosh, Apprenticeship Coordinator for SFAGC (resume attached) certified instructor by Broward County • Safety Training to be provided by am member of the SFAGC Safety Committee. Recent and Pertinent References Please see attached letters from The City of South Miami Manager Maria Davis and past - Mayor Ana Price Scope of Services The SFAGC will provide the following services: • Provide classes of at least 72 hours of duration that will provide students with the basic elements of training to qualify them for placement as laborers, or higher, in the construction industry • Classes will give special emphasis on safety training, the major concern of construction employers • The complete curriculum is submitted herein. • The SFAGC will assist to the best of its ability, th e recruitment of students.' This includes presentations to civic and faith-based groups to explain to potential students the benefits of a career in construction. • The SFAGC will provide for each and every graduate of the program an employment opportunity with selected contractors in the South Florida area • The SFAGC will provide each and every graduate with entry equipment including tool belt, hard hat, safety shoes, shirts and trousers that will assist them in presenting a sense of commitment to an employer of their desire to further their future in construction. • The SFAGC will provide "follow -up" services for graduates to assist them in furthering their careers, including preference in appointment to the Carpentry Apprenticeship program, placement in other apprenticeship' programs and references to the University of Florida Rinker School of Building Construction and the Florida International University School of Construction Management • The SFAGC will provide these services during the two classes scheduled in 2007. Additional Data Additional data includes: • Resumes of primary individuals • Description of Services provided by SFAGC • Curriculum • Letters of Reference • Budget for the Project Minority and Women Owned Participation The SFAGC does not discriminate based on race or gender. Conflicts of Interest We are assured that no one on our training team has any employment or other association with the City of South Miami. We cannot determine who, among our contractors, subcontractors and future contractors and subcontractors have contractual relationships with the City of South Miami. f F_ SFAGC Pre - apprenticeship Training for Laborers Pre- apprenticeship training for laborers shall be for total of 72 hours of intense training in the areas listed in the course outline. Course Outline Approx Hours Orientation F_ SFAGC Pre - apprenticeship Training for Laborers Pre- apprenticeship training for laborers shall be for total of 72 hours of intense training in the areas listed in the course outline. Course Outline Approx Hours Orientation 3 • Career Opportunities In Construction • Salary And Benefits Work Ethic Safety • . OSHA 10 Hour Certification 20 • First Aid/ CPR • Eye Protection • Gloves • Hard Hat • Work Boots • Lifting • Job Site (work area) Hand tools identification and use 10 • Hammers • Saws • Squares • Wrecking bar • Crow bar • Brooms • Shovel Pick • Wheel borrow Lumber identification 9 • 2 "x 4" 2 »x 6„ 2 "x g" 2 "x 10" 1. 1 "x s • 3/4" Plywood (any size) • 1 /2:" plywood (any size) Rebar Identification of rebar by numbers Also nails and other hardware 1. 5 Measurements 12, • Each student will learn to read the standard inch, to the 1/16 ",the 1" to the foot- feet' Basic Equipment on Construction site • Each student will be taught how to properly operate and use: 4 A manual wheel borrow • A sledge hammer A carpenter's hammer A crow bar etc. General construction language Construction Vocabulary 3 (1) Twelve weeks of two classes per week at three hours per class, totaling 72 hours of training, which would be conducted in the same manner and tunes as the regular apprenticeship program (2) This training will also be housed at facilities provided by the City of Pompano Beach.. (3) Instructional materials for this course can be extracted from our current textbook and be combined with other materials from the AGC curriculum, which will be placed in a binder for each student, along with a mandatory OSHA. textbook which will be supplied by the instructor of the OSHA course. Recruitment: Students for the pre - apprenticeship program will be persons entering the construction industry with no construction experience, from high schools, Work Force One and people making career changes. Placement: General and Sub - Contractors in Broward and Miami Dade Counties will be made aware of this new service now available through AGC, where they can get their laborers already trained. Commitment letters are attached.