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06-05-00
Chair Julio Robaina Vice Chair Horace G. Feliu Member Mary Scott Russell Member David D. Bethel Member Randy G. Wiscombe Member James.Bowman Member Charete B. Plummer CRA General Counsel John Dellagloria CRA Executive Director Charles D. Scurr CRA Secretary Ronetta Taylor SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting Meeting date: June 5, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Dater August 7, 2000 Phone: (305) 663 -6340 Time: 6:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities 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: 1. CALL TO ORDER: 2. CALLING OF THE ROLL: 3. Approval of Minutes COMMUNITY REDEVELOPMENT AGENCY AGENDA - June 5, 2000 a. Regular CRA Minutes - May 1, 2000 b. Special CRA Minutes - May 10, 2000 4. CONSENT AGENDA 5. SMCRA PROJECT DISCUSSION AND UPDATES a. Working Capital Florida b. JPI 6. ADMINISTRATIVE ISSUES 7. PUBLIC COMMENTS 8. OLD BUSINESS 9. NEW BUSINESS a. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AMENDING THE BY -LAWS OF THE AGENCY b. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER MIAMI. I, C. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH JUBILEE COMMUNITY DEVELOPMENT CORPORATION. d. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND DON DELANEY. e. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE EXECUTION OF AN AGREEMENT "WITH LEE PARK CONDOMINIUM FOR A GRANT AWARD FOR SIDEWALK AND PARKING LOT IMPROVEMENTS. f. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS & QUALIFICATIONS (RFP &Q) FOR THE SMCRA URBAN INFILL HOUSING PROGRAM. COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA - June 5, 2000 g. Draft of South Miami Community Redevelopment Agency Grant Program Agreement for Multifamily Rehabilitation 10. STAFF COMMENTS 11. GENERAL COMMENTS FROM BOARD 12. ADJOURNMENT PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR. THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES, OR APPEALS NOT .OTHERWISE ALLOWED BY LAW. I COMMUNITY REDEVELOPMENT AGENCY 3, AGENDA - June 5, 2000 RE 0 o ' N z a' a aI Band's h goes o n with : heart-felt dedi BY ADRIANA CORDOVI Miami's Gusman Hall. acordovj@herald.com At the ° "of the school y Gulliver Pepa- t s music program start ng forward to their annual concert at the University of came close to being brokett Since April, the students had been rehearsing for the big night with Concert Band Direc- tor Ron Canstonguay. And their spot at Gusman AISMIll AMEEM SOUTH MIAMI r NOTICE OF PUBLIC MEETING s had been reserved since July. But a.few days before the event, Canstonguay's grandfa- ther died and& he had to cancel the show so `he could to fly to Boston. NOTICE IS HEREBY given that the South Miami Community SHOWROOM Redevelopment Agency (CRA), Will hold a public meeting on Monday. June 5, 2000, beginning at 6:30 p.m,. in the City Commission Chambers, NOWDPEN 6130 Sunset Drive, South Miami, Florida. COMPLETE inquiries concerning this item should be directed to Mr. Greg Oravec, Assistant to the City Manager at: 663 -6338. KITCHEN & BATH REMODELING ALL interested parties are invited to attend. 100 °! FINANCING �VAILASLE" Ronetta Taylor, CMC (y9 -r 9 -5 pan City Clerk at. 11 -d prn City of South Miami Pursuant' riorida Statutes 286.705 the Dry hereb/ advises the public that it a person de9'des ;o appeal a•-.y tent i„ n made ty this Board. Agency o pmmisswn with respect ( any matter considered at 's meeting or ff b eAI ® �°{ p1 q ��9 C�,�ee6e MIAMI ® V S Y 1 L Street, M° M heanng. he or she .viii need a record of the proceedings, and that for surn purpose.. affected personality need -See sales assoc. for details In enerm to,,, rePoa[n record of the proceedings Is made which record Incvddes Me testimony and evase Materials & Services provided by upon which the appeal is to he haled Trebor Investments Corp CeCA 75738 Here's your opportunity to quit smoking for good with the highly acclaimed 1T smar Stop Smoking System. Developed at Duke University Medical Center, @urr swim is a four- session class that teaches smokers ways to overcome the craving for nicotine and become cigarette free, Join Simon B, Miranda, Ph.D. at the 71T SMANT' program coming June 9th at Deering Hospital. Tuition is $95 per person, For more information about the program Cali 305 ®256 ®1 IS. DeedngHospiti BETTER TODAY. BETTER TOMORROW 'It was disappointing because we worked so hard, but we all supported our instructor," said Nataly Villa, a 15- year -old violin player in the band. It seemed hopeless that the band would get another spot at Gusman on such short notice. The only alternative they came up with was Immanuel Presbyterian Church, 6605 N. Kendall Dr., next door to the school "The church is a lot smaller and it doesn't have a stage," said Silvia Winitzky, a member of Gulliver's Cultural Arts Committee and mother of Danny, a bassoon player in the band. It was then that Bobby Keet- ing, Gulliver Academy's music director, and Joe Catalano from the drama department, started calling UM trying to somehow find an opening, so the band could perform at Gusman. They found a spot for May 23 = and the performance took on a special meaning for both Canstonguay and the students. 'It gave us a purpose because it was dedicated to Mr. Can - stonguay's grandfather," said Danny Winitzky,16. The Cultural Arts Commit- tee started posting fliers and re- mailing invitations for the event. 'We had no idea what the turnout would be," said Silvia Wini.tzky. 'But the theater turned out about 85 percent full." Since Canstonguay took over the program at Gulliver 3'hyears ago, he has been aim- ing for growth. When he arrived there were only 11 members in the band, and now there are 86 students involved with the program. 'I started rebuilding the pro- gram from the bottom up," he said. And this year's performance proved he was reaching his goal. 'We always do a combined program with the academy, but this year we split up because we're both growing and devel- oping rapidly," Canstonguay said. "Gulliver is usually known for sports teams, but we're try- ing to let the community know that Gulliver has an outstand- ing music program." CRENEW UR 0LD BA HTUBS SINKS J TILE WITHD T REMOVAL DREDS OF DOLLARS 3 502679 31 DTO REPLACEMENT TIAL COMMERCIAL LIC. SINCE 1962 it l` OF SOUTH MIAMI ii t= OF PUBLIC NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida, Will conduct a Public Hearing during its regular City Commission meeting Tuesday, June 13, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to con- sider the following described ordinance(s): AN ORDINANCE OF THE MAYOR OF CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO BOARDS; TRANSFERRING SEC. 2 -26.1 ENTITLED "JUNIOR COMMISSION FOR WOMEN': PROVIDING FOR SEVERABILRY. ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning this item should be directed to the City's Planning Department at: (305)663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor. CMC City Clerk City of South Miami Pursuant to Florida statutes 286.0105, the City hereby advises the public that if a person decides to appeal anv decision made by this Board, Agency or Commission with respect to any matter considered at Its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected per- son may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal into -be based. SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER - OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec Assistant to the City nager Date: June 1, 2000 Subject: Meeting 6/05/00 —Item 5a Working Capital Florida Diane Silverman, Executive Director of Partners for Self- Employment, Inc. /Working Capital Florida, will be present at the meeting of June 5th to discuss Working Capital Florida, an award - winning micro loan/microenterprise program established by Partners for Self- Employment, Inc. (a non -profit corporation). The program, which operates in several communities throughout Florida, including Miami, Hialeah and Perrine, provides low to moderate income persons the opportunity to become successful businesspersons by enabling participants to (1) learn the skills necessary to succeed in the business world, (2) borrow working capital and (3) make business contacts. The program features three innovative loan types: (1) Peer Group Model • offers loans from $500 - $2,000 • designed to prepare borrowers for stepping up to the Partners Loans • requires participants to undergo a rigorous study program which teaches the business skills necessary to succeed • peer groups serve as the "bank" and vote on whether individuals "qualify" for a loan • no credit or, collateral required (2) Partners Loan • offers loans from $3,000 - $25,000 • designed to assist in the expansion of existing businesses with credit and collateral 3 Willow • a new program which allows people to be telephone representatives for companies such as 1 -800- flowers and other a and telephone -based businesses from home • offers loans to participants to purchase the necessary equipment such as computer, data lines, etc. ' • participants can make up to $30,000/ year from home working flexible hours Since the Working Capital Florida program began in Miami -Dade County in 1994, the program has: • trained 1,875 low to moderate income persons; • disbursed 871 loans worth $975,000; and • had a loan repayment rate of 98 %. CRA staff believes that the Working Capital Florida program has the potential to positively impact the CRA Area and the City of South Miami by enabling low to moderate income residents to acquire business skills and start their own businesses. An investment of $15,000 by the CRA will leverage $100,000 in loan capital for participants from the City of South Miami. With this minimal investment, residents of South Miami could participate in the program at the Miami, Hialeah or Perrine offices. Unfortunately, the distance between South Miami and these offices in combination with the class times, 6 p.m — 9 p.m., would most likely make participation in the program difficult for residents working traditional 9 -5 hours or without cars. Therefore, CRA staff believes that for the program to realize its potential in South Miami, it should be located within the City. Preliminary discussions with Diane Silverman have revealed that the cost of locating an office, in the City would be $40,000 $50,000. Currently, $45,900 is available for Economic Development and Job Creation in the FY 99 -00 CRA Budget. None of this money has been utilized to date, and additional funds may be available from other budget categories. This moderate investment would result in substantial benefits to the community, including (1) business skills training for at least 100 CRA residents, (2) the opportunity to ascertain the working capital necessary to start a business; and (3) the opening of new "neighborhood" businesses. During the CRA Advisory Board Meeting of May. 17, 2000, the Advisory Board conducted a mobile workshop, visiting the Working Capital Florida office in Miami. The Advisory. Board was given a program presentation, spoke with successful graduates of the program and witnessed a peer group session. After the mobile workshop, the Advisory Board voted 3 -0 to recommend that the CRA Board pursue locating a .Working Capital Florida Office in the South Miami CRA Area. Staff respectfully requests the Board to direct staff to (1) negotiate a proposal with Partners for Self - Employment, Inc. for the location of a Working Capital Florida office in the South Miami CRA Area; (2) present the proposal to the CRA Advisory Board for review; and (3) present the proposal to the CRA Board for final approval. Page 2 of 2 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson Date: June 1, 2000 and CRA Board From: Gregory J. Oravec ( Subject: Meeting 6/05/00 —Item 5b Assistant to the Ci M a er JPI t1' g At the meeting of June 5`h, representatives of JPI, a real estate firm specializing in acquisition, development, construction and management of multifamily apartment communities, will present a development concept for the vacant property directly west of the Post Office. The concept features a four to six story multifamily apartment building which would provide over 193 one to four bedroom units to its intended market of college students. CRA staff has visited JPI developments located in Doral and Pembroke Pines, and they appear to be high quality products. Staff believes that the proposed development would benefit the CRA Area and the City in several significant ways, including, but not limited to, the following: 1. the development of a vacant parcel into a high - quality multifamily apartment building; 2. the provision of much - needed housing; 3. employment opportunities for local residents; 4. 'the introduction of hundreds of consumers (residents) to neighborhood businesses; and 5. the generation of an estimated $600,000 in ad valorem property tax revenue, approximately $300,000 of which would go to the CRA. Representatives of JPI met with CRA staff on May 30`x' in order to introduce themselves and their concept. At the meeting, the representatives stated that they did not anticipate submitting any special requests for assistance to the CRA or the City. However, after analyzing the request, CRA staff discovered, and later confirmed with the Planning staff, that the project would require amendments to the Comprehensive Plan and Land Development . Code. Consequently, JPI is currently preparing the necessary applications. As previously mentioned, the meeting of June 5'" will allow representatives of JPI to introduce their development concept, and they may state that the project requires amendments to the Comprehensive Plan and Land Development, Codes. However, due to the dual roles which some of you serve as City and CRA Commissioners, it would not be appropriate to discuss the actual merits of the proposed amendments or how you would vote on such amendments in your other capacity. If you have any questions regarding this particular issue, please do not hesitate to contact John Dellagloria, General Counsel, or Earl Gallop, City Attorney. Thank you. SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson Date: May 9, 2000 and CRA Board From: Charles D. Scurr e Executive Director r REQUEST Subject: Meeting 6/05/00 -Item 9a Amendment to by -laws A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AMENDING THE BY -LAWS OF THE AGENCY. BACKGROUND AND ANALYSIS Section 3.6 of the Agency by -laws, entitled "Order of Business ", provides for a very specific order of business (agenda) for regular meetings of the Board. The order of business is much different from other orders of business used by City boards and commissions, as there are: 1) more categories; 2) significant changes in terminology; and 3) fundamental changes to the actual order of business. Staff believes that there is an opportunity to make the order of business more user - friendly by utilizing terms, form and order familiar to Board Members and constituents —an order of business based upon the City Commission's order of business. Attachment "1" demonstrates the proposed amendment to Section 3.6 of the by -laws. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AMENDING THE BY -LAWS OF THE AGENCY. WHEREAS, the South Miami Community Redevelopment Agency (Agency) adopted by- laws to govern the Agency; and WHEREAS, there is a need to streamline the order of business at regular meetings of the Agency by amending Section 3.6 of the by -laws, as reflected in Attachment "1." NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND BOARD OF THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1.. That the amendments to Section 3.6, as contained in Attachment "1" are adopted. Section 2. That this Resolution shall take effect immediately upon approval. PASSED AND ADOPTED by a 92000. ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL vote of the Agency this day of CHAIRPERSON ATTACHMENT 461" 3.6 Order of Business. The order of business at regular meetings of the Board shall be as follows: (1) Call to Order (2) 6alling of the Rol Invocation ' (3) Approval- of lvfinutcs Pledge of Allegiance (4) 6onsent Agenda Annroval of Minutes (5) SMeRA Project Discussion and Up CRA Director's Report (6) Administrative isstics General Counsel's Report (7) Ptiblic &nnxicnts Consent Agenda (8) E)Id-Business Resolution(a) (9) New Business Public Comments (10) Staff eormn cnts Board Comments (11) Adjournment (i2) Adjourranerit 2 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER - OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec g Assistant to the City Manager REQUEST Date: June 1, 2000 Subject: Meeting 6/05/00 —Item 9b Contract with Habitat for Humanity A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER MIAMI. BACKGROUND AND ANALYSIS On December 13, 1999, the SMCRA issued a Request for Proposals and Qualifications (RFP &Q) for the construction of new single - family homes in the CRA Area. Habitat for Humanity responded to the RFP &Q and desires to build four new homes. Habitat for Humanity has a proven track record in the CRA Area and would provide four much - needed new homes to the Area. The attached agreement provides for the CRA to assist'with the construction of the infill housing by granting Habitat for Humanity $10,000 per house, a total of $40,000. In order to protect the CRA's investment and encourage the completion of construction, each grant would be divided into 4 disbursements which correspond to significant acts of completion, such as completion of (1) the foundation; (2) concrete shell (walls); (3) dry wall; and (4) the entire project (CO), as exhibited in Attachment `B ". The grant disbursements would be billed to the "Residential Reinvestment, Land Acquisition and Rehab" Account. The Account currently has a balance of approximately $294,000. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO NEGOTIATE. AND' EXECUTE AN AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER MIAMI. WHEREAS, the South Miami Community Redevelopment Agency (Agency) issued an R.F.P. for the provision of grant funding for the construction of new homes in the South Miami Community Redevelopment Agency plan area; and WHEREAS, Habitat for Humanity has responded to the R.F.P. and the Agency desires to enter into an agreement.with Habitat for the construction of four (4) homes in the South Miami Community Redevelopment Agency plan area. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Executive Director and General Counsel of the South Miami Community Redevelopment area are authorized to negotiate and execute an agreement, in substantially the form attached as Exhibit "l," with Habitat for Humanity of Greater Miami. Section 2. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED by a vote of the Agency this day of 2000. CHAIRPERSON ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF GREATER MIAMI, INC. FOR COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING THIS GRANT AGREEMENT ( "Agreement ") is entered into this day of 2000 between Habitat for Humanity of Greater Miami, Inc., a Florida not - for -profit corporation ( "Contractor ") whose address is: P.O. Box 560994, Miami Florida and the City of South Miami Community Redevelopment Agency ( "Agency "), whose address is 6130 Sunset Drive, Miami, Florida 33143. WITNESSETH: WHEREAS, the Agency has allocated certain Community Redevelopment Grant Funds designed to provide financial assistance to qualified individuals in order to provide single family owner occupied new homes in the Agency's Redevelopment Area (the "Project "); and WHEREAS, Agency and Contractor have agreed to perform the Project in accordance with the Agency's specifications; and WHEREAS, it is acknowledged and agreed between the Agency and the Contractor that the funds to be provided derive from tax increment funds appropriated by the Agency for the uses and purposes referred to in this Agreement; and WHEREAS, in connection with the performance of this Agreement, the parties have agreed to comply with all applicable provisions of Federal, State and local laws, statutes, rules and regulations as they may apply to this Agreement. NOW, THEREFORE, in consideration of the mutual promises and in consideration of the. grant monies which are to be paid by Agency, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Section 1. The following documents shall comprise the Agreement between the parties and shall constitute collectively. the "Contract Documents ": a) This Agreement (and all attachments). b) Agency's RFP #99 -12 -06 (Exhibit 1). c) Contractor's Response to the RFP, dated January 19, 2000 (Exhibit 2). In the event of any conflict between the above documents or any ambiguity or missing specification, term or instruction, the following priority is established: i) This Agreement. (and all attachments). ii) Exhibit 1. iii) Exhibit 2. Section 2. The Agency agrees to provide to the Contractor funds in an amount up to Forty- Thousand ($40,000) for the Project (Project Funds). The Project Funds shall be disbursed by the Agency to Contractor pursuant to Attachment `B." The Contractor agrees to provide up to four (4) newly constructed, single family owner occupied homes, each home to be constructed on a lot approved by the Agency. A list of each of the four (4) approved lots to be built upon is appended to this Agreement as Attachment "A." Any material variation by Contractor from constructing homes on any of the four (4) lots on the attached list shall require written approval of the Agency. A construction schedule for the. four'(4) homes to be built pursuant to this Agreement is appended as Attachment `B." The Agency shall pay Contractor towards the completion of each of the four (4) homes to be constructed on Attachment "A," pursuant to the Construction Timetable and Project Funding Schedule on Attachment `B." Failure of Contractor to meet any deadlines set forth in Attachment `B" shall result in the Agency withholding all further funding for the specific home under construction. ection 3. Upon the expiration of this Agreement, the Contractor shall return to the Agency any Project Funds delivered to Contractor which have not been used in connection with the construction of the Project. Section- 4. The Project shall be performed in accordance with the applicable codes, ordinances and statutes of the State of Florida, the City of South Miami and Miami -Dade County. Section 5. Any amendments, alterations, or variations to this Agreement will only be valid when they have been reduced to writing and duly signed by the parties. 2 Section 6. It is agreed by the Contractor that none of the obligations of the Agency shall be general obligations of the Agency which shall be generally enforceable against the Agency. Any and all obligations, liabilities and commitments of the Agency shall be limited to the payment of the project Funds, not to exceed $40,000.00, as detailed in the Construction Timetable and Project Funding Schedules, attached. Section 7. The Agency desires to enter into this agreement only if in so doing the Agency can place a limit on the Agency's liability for any cause of action arising out of this agreement, so that its liability never exceeds its maximum potential monetary contribution of $40,000. The Contractor expresses its willingness to enter into this Agreement with recovery from the Agency for any action arising out of this Agreement to be limited to a maximum amount of forty thousand dollars ($40,000) less the amount of all funds actually paid by the Agency pursuant to this Agreement. Accordingly, the Contractor agrees that the Agency shall not be liable for any claim or damage in connection with the Project in excess of the Agency's maximum potential monetary contribution of $40,000 under the Agreement, less the amount of all funds actually paid by the, Agency pursuan t to this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed on the Agency's liability as set forth in Section 768.28, Florida Statutes. Section 8. After any payment is made by the Agency and applied according to the requirements set forth, the Agency shall be automatically discharged from any and all obligations, liabilities and commitments to Contractor or any third person or entity provided, however, that this Section shall not excuse the continued compliance by Contractor with the terms of this Agreement and the program requirements. Section 9. Agency's Right to Withhold Payment. The Agency may withhold, in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of matters including but not limited to the following: a) Claims of lien against the Contractor regarding the Project, provided such liens are not bonded off as allowed by law. b) Failure of the Contractor to make payment(s) to subcontractors or suppliers for materials or labor regarding the Project. 3 c) Reasonable evidence that any portion of the Project cannot be completed for the unpaid balance of the agreed compensation. d) Failure to carry out any portion of the Project in accordance with the Contract Documents. e) Failure by Contractor to complete all four (4) homes on Attachment "A" and receive final certificates of occupancy within twenty -four (24) months of the execution of this Agreement. Section 10. In the event of a termination by the Agency, the Agency shall additionally be entitled to bring any and all legal and/or equitable actions in Miami -Dade County, Florida, in order to enforce the Agency's right and remedies against the Contractor. The Agency shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed by law. In the event any suit or legal proceeding is brought for the enforcement of any provision of this Agreement, the parties agree that the prevailing party or parties shall be entitled to recover from the other party or parties upon final judgment reasonable attorneys': fees, including attorneys' fees for any appeal, and costs incurred in bringing the suit or proceeding. Section 11. Contractor agrees to use best efforts to complete the Project within twenty -four (24) months of the date of this Agreement. In the event the Project is not.completed within this time frame, and this Agreement is not extended accordingly, this Agreement shall terminate and all Project Funds not granted to Contractor by Agency shall remain in the custody and control of Agency, and all unexpended Agency funds in the possession of Contractor shall be returned to the Agency. Section 12. Notices and demands. All notices, demands, correspondence and communications between the Agency and Contractor shall be deemed sufficiently given under the terms of this Agreement if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: If to the Agency: Executive Director South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 4 If to Contractor: Habitat for Humanity of Greater Miami, Inc. P.O. Box 560994 Miami, FL 33156 Section 13. It is agreed that Contractor will require the buyer to record a purchase money mortgage and shared- appreciation mortgage loan note satisfactory to the Contractor and Agency and enforceable by the Contractor and Agency, which will require that if any home listed on Attachment "A" is sold all such new purchasers and occupants shall satisfy the standards for ownership or occupancy adopted by the Contractor for the development of homes in the adopted Redevelopment Plan for the Community Redevelopment Area. Section 14. Accounts, Audits and Records The Contractor agrees to maintain books, records, documents and other evidence pertaining. to.all costs and expenses incurred and revenues acquired under this Agreement to the extent and in such detail as required by the Agency. The books and accounts, files and other records, of the Contractor, which are applicable to this Agreement, shall be available for inspection, review and audit by the Agency and its representatives to determine the proper application, and use of all funds paid to or for the account or the benefit of the Contractor. Section 15. Contractor shall indemnify, defend, save and hold harmless the Agency; 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. Section 16. Neither party shall assign its interest in this Agreement without express written consent of the other party. Any violation of this provision shall constitute a default .in the Agreement: IN WITNESS WHEREOF, the Agency and Contractor have caused this Agreement to be executed the day and year first above written. WITNESS: CONTRACTOR: HABITAT FOR HUMANITY OF GREATER MIAMI, INC. By: Name: Name: Title: Name: AGENT: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: Executive Director 6 ATTACHMENT "A" HABITAT FOR HUMANITIES LIST OF SINGLE FAMILY, OWNER- OCCUPIED HOMES TO BE CONSTRUCTED IN THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA Property No. Property Legal Description Property Street Address 1 The South 25.86 feet of Lot 116 and Lot 117, University Park, P.B. 18 -46 together with the East 11.25 feet of that certain alley lying West and adjacent to the property as closed per Ordinance 7 -79 -1029 of the Public Records of Miami -Dade County less the South 112.78 feet thereof. 2 The South 112.78 feet and the East 11.25 feet of the following described parcel of land:: The S. 25.86 feet of Lot 116 and Lot 117, University Park, P.B. 18 -46 of the Public Records of Miami -Dade County, Florida together with the East 11.25 feet of that certain alley lying West and adjacent to the property as closed per Ordinance 7- 79- 1029. 3 Lot 80, together with the West 1/2 of Lot 79 and the East 7.5 feet of the 15.00 foot wide alley adjacent to said Lot 75 (closed by Resolution No. R -92- 1515), Franklin Subdivision, P.B. 5 -34 of the Public Records of Miami -Dade County, Florida, less the North 17.50 feet thereof. 4 Lot 75 Block 14 together with the East 7.50 feet of that portion of the 15.00 foot wide alley adjacent to said Lot 75 (closed by Resolution No. R -92- 1515), Franklin Subdivision P.B. 5 -34 of the Public Records of Miami -Dade County, Florida, less the South 10 feet thereof. 6560 S.W. 59`h Avenue 6580 S.W. 591h Avenue 6040 S.W. 63`d Street 6041 S.W. 63`d Terrace ATTACHMENT `B" CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO.1 .Job Description Completion Date Grant Payment 1. Foundation 4115100 $2,500 2. Concrete shell 5115100 $2,500 3. Dry -in 6/30/00 $2,500 4. C.O. 10/30/00 $2,500 ATTACHMENT "B" CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO. 2 Job Description Completion Date Grant Payment 1. Foundation 4/15/00 $2,500 2. Concrete shell 5115100 $2,500 3. Dry -in 6/30/00 $2,500 4. C.O. 10/30/00 $2,500 i ATTACHMENT "B" CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO.3 Job Description Completion Date Grant Payment 1. Foundation 11115100 $2,500 2. Concrete shell 12/15/00 $2,500 3. Dry-in 1 /15 /O1 $2,500 4. C.O. 3/15/01 $2,500 ATTACHMENT "B" CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO.4 Job Description Completion Date Grant Payment 1. Foundation 11115100 $2,500 2. Concrete shell 12/15/00 $2,500 3. Dry -in 1115101 $2,500 4. C.O. 3/15/01 $2,500 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER - OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec Assistant to the Ciry Hager REQUEST Date: June 1, 2000 Subject: Meeting 6/05/00 —Item 9c Contract with Jubilee Community Development Corportation A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH JUBILEE COMMUNITY DEVELOPMENT CORPORATION. BACKGROUND AND ANALYSIS On December 13, 1999, the SMCRA issued a Request for Proposals and Qualifications (RFP &Q) for the construction of new single- family homes in the CRA Area. Jubilee Community Development Corporation responded to the RFP &Q and desires to build six new homes. Jubilee is a reputable corporation and would provide six much - needed new homes to the Area. The attached agreement provides for the CRA to assist with the' construction of the infill housing by granting Jubilee $10,000 per house, a total of $60,000. In order to protect the CRA's investment and encourage the completion of construction, each grant would be divided into 31 disbursements which correspond to significant acts of completion, such as: (1) the purchase of the lot; (2) passing inspection on the tie beam; and (3) obtaining the CO, as exhibited in Attachment `B ". The grant disbursements would be billed to the "Residential Reinvestment, Land Acquisition and Rehab" Account. The Account currently has a balance of approximately $294,000. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A. RESOLUTION . OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH JUBILEE COMMUNITY DEVELOPMENT CORPORATION. WHEREAS, the South Miami Community Redevelopment Agency (Agency) issued an R.F.P. for the provision of grant funding for the construction of new homes in the South Miami Community Redevelopment Agency plan area; and WHEREAS, Jubilee Community Development Corporation has responded to the R.F.P. and the Agency desires to enter into an agreement with Jubilee for the construction of six (6) homes in the South Miami Community Redevelopment Agency plan area. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Executive Director and General Counsel of the South Miami Community Redevelopment area are authorized to negotiate and execute an agreement, in substantially the form attached as Exhibit "l," with'Jubilee Community Development Corporation. Section 2. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED by a vote of the Agency this day of , 2000. CHAIRPERSON ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND JUBILEE COMMUNITY DEVELOPMENT CORPORATION FOR COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING THIS GRANT AGREEMENT is entered into this day of 52000 between Jubilee Community Development Corporation (Contractor) whose address is: 742 N.W. 12`h Avenue, Miami Florida 33136 and the City of South Miami Community Redevelopment Agency (Agency). WITNESSETH: WHEREAS, the Agency has available Community. Redevelopment Grant Funding designed to provide financial assistance to provide single family owner occupied new homes (Project) in the Agency's Redevelopment Area; and WHEREAS, Agency and Contractor have agreed to the Project in accordance with Agency specifications; and WHEREAS, it is acknowledged and agreed between the Agency and the Contractor that the funds provided derive from tax increment funds appropriated by the Agency for the uses and purposes referred to in this Agreement, and this Agreement is entered into after compliance by the parties with all applicable. provisions of Federal, State and local laws, statutes, rules and regulations as they may apply to this Agreement. NOW, THEREFORE, in consideration of the mutual promises and in consideration of the grant monies which are to be paid by Agency, the parties agree as follows: Section 1. It is agreed by the parties that the following documents comprise the Agreement between the parties: a) The Agency's R.F.P. #99 -12 -06 (Exhibit 1); b) The Contractor's response to the R.F.P. dated January 19, 2000 (Exhibit 2); c) This Agreement (and all attachments). In the event of any. conflict between the above documents or any ambiguity or missing specification; term or instruction, the following priority is established: i) This Agreement (and all attachments). ii) Exhibit 1. iii) Exhibit 2. Section 2. The Agency agrees to provide to the Contractor an amount up to sixty- thousand ($60,000) for the Project, which requires the Contractor to provide up to six (6) newly constructed, single family owner occupied homes, each constructed on a lot approved by the Agency. A list of eighteen (18) approved lots which could be built upon is appended to this Agreement as at "A." Any variation by Contractor from constructing homes on any, of the eighteen (18) lots on the attached list shall require written approval of the Agency. Within sixty (60) days of the execution of this Agreement, the Contractor shall advise the Agency as to the legal and street descriptions of the six (6) homes to be constructed. Any home not listed by that time shall be eliminated from qualification for funds under this Agreement, unless otherwise approved by Agency. In the event the Agency provides any pre - construction financing for, including but not limited to land acquisition costs, such funding shall occur only at the time Contractor closes on any property,. and is further subject to the Contractor having enforceable agreements with the purchaser(s) of any home, who are pre - qualified to purchase the home once constructed, and upon the Contractor having secured enforceable agreements for construction financing for the home to be constructed. Section 3. A construction schedule for the six (6) homes to be built is appended to this Agreement as attachment `B." The Agency shall pay Contractor ten thousand dollars ($10,000) towards the completion of each of the six (6) homes to be constructed on attachment A. Payment shall be made by the Agency pursuant to the construction progress timetable on attachment B. Failure of Contractor to meet any construction timetable deadline, which the Agency in the exercise of .its reasonable discretion determines to be caused by the Contractor, may result in the Agency withholding all further funding for the specific home under construction. The Agency agrees to use their best efforts to, assist Contractor expedite any approvals needed from the City of South Miami regarding the Project, and shall use best efforts to assist in finding qualified buyers. 2 Section 4. It is agreed that Contractor will require the buyer to record a purchase money mortgage and shared- appreciation mortgage loan note satisfactory , to the Contractor and Agency and enforceable by the Contractor and Agency, which will require'that if any home listed on Attachment "A" is sold all such new purchasers and occupants shall satisfy the standards for ownership or occupancy adopted by the Contractor for the development of homes in the adopted Redevelopment Plan for the Community Redevelopment Area. Section 5. In order to further ensure the enforcement of this Agreement, the Agency reserves the right to review compliance with this Agreement, and Contractor shall provide any documentation required by the Agency. Section 6. In the event any individual home listed on attachment "A" is not completed and in receipt of a final Certificate of Occupancy within twenty -four (24) months of the execution of this Agreement, all funds paid by the Agency for that specific home(s) to Contractor shall be returned. Section 7. The Project shall be done in accordance with the applicable codes, ordinances and statutes of the State of Florida, the City and Miami -Dade County. Section & Any amendments, alterations, or variations to this Agreement will only be valid when they have been reduced to writing and duly signed by the parties. Section 9. It is agreed by the Contractor that none of the obligations of the Agency shall be general obligations of the Agency and none shall be enforceable against the Agency generally. Any and all obligations, liabilities and commitments of the Agency shall be limited to the payment of a grant amount not to exceed $60,000 as detailed in the project funding schedule in Attachment "B," and Section 3 of this Agreement. No other fiscal, legal, equitable or contractual duty or obligation is assumed by the Agency. Section 10. The Agency desires to enter into this agreement only if in so doing the Agency can place a limit on the Agency's liability for any cause of action arising out of this agreement, so that its liability never exceeds its monetary contribution of $60,000. The Contractor expresses its willingness to enter into this Agreement with recovery from the Agency for any action arising out of this Agreement to be limited to a maximum amount of sixty thousand ($60,000) less the amount 3 of all funds actually paid by the Agency pursuant to this Agreement. Accordingly, the Contractor agrees that the Agency shall not be liable for any claim or damage in excess of the Agency's monetary contribution of $60,000 under the Agreement, less the amount of all funds actually paid by the Agency pursuant to this Agreement, for any action or claim arising out of this agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any intended to be a waiver of the limitation placed on the Agency's liability as set forth in Section 768.28, Florida Statutes. The Contractor's liability to the Agency for any claim made by the Agency against the Contractor for any breach of this Agreement shall be limited to the grant amount of $60,000; provided however, that this limitation shall not apply to any claim brought-by a third party against the Agency, including claims for which the Agency seeks indemnification, or contribution against Contractor resulting from such third party claims. Section 1l. The grant amount shall be paid to the Contractor pursuant to Attachment.`B ". After the entire grant payment is made by the Agency and applied according to the requirements set forth, the Agency shall be automatically discharged from any and all obligations, liabilities and commitments to Contractor or any third person or entity provided, however, that this Section shall not excuse the continued compliance by Contractor with the terms of this Agreement and the program requirements. Section 12. Contractor shall indemnify, defend, save and hold harmless the Agency, 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 purchases, 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 be 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, omission or default of the Contractor, its subcontractors, agents, servants or employees; (c) any and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible'property, including any resulting loss of use; (e) other such damages, liabilities, or losses received or sustained by any person or persons during or on account of any operations connected with the construction of this Project; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the n u work; (i) the. violation of any federal, state, or county or city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; 0) the breach by Contractor of any term of this Agreement. Section 13. The Contractor shall not assign any interest in this Agreement. Any violation of this provision shall constitute a default of the Agreement. Section 14. Agency's Right to Withhold Payment. The Agency may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of matters including but not limited to the following: a) Claims filed against the Contractor regarding the Project. b) Failure of the Contractor to make payment to subcontractors or suppliers for materials or labor regarding the Project. c) Reasonable evidence that any portion of the Project can not be completed for the unpaid balance of the available funding for that portion. d) Reasonable evidence that any portion of the Project will not be completed within the Agreement's term. e) Failure to carry out any material portion of the Project in accordance with the Contract Documents. Section 15. In the event of a default by either party hereunder, any and all legal and/or equitable actions shall be brought in Miami -Dade County, Florida, in order to enforce the right and remedies granted to each party under this Agreement. The prevailing party shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial -and appellate levels, to the extent allowed by law. 5 Section 16. Notices and demands. All notices, demands, correspondence and communications between the Agency and Contractor shall be deemed sufficiently given under the terms of this Agreement if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: If to the Agency: Executive Director South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 If to Contractor: President Jubilee Community Development Corporation 742 N.W. 12`h Avenue Miami, FL 33136 Section 17. Accounts, Audits and Records The Contractor agrees to maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Agreement to the extent and in such detail as required by the Agency. The books and accounts, files. and other records of the Contractor, which are applicable to this Agreement, shall be available for inspection,. review and audit by the Agency and its representatives to determine the proper application and use of 'all funds paid to or for the account or the benefit of the Contractor. The Contractor agrees to provide the Agency copies of the past three fiscal years of independent auditors' reports for the corporation. 311 ir IN WITNESS WHEREOF, the Agency and Contractor have caused this Agreement to be executed the day and year first above written. WITNESS: JUBILEE COMMUNITY DEVELOPMENT CORPORATION Bv: Secretary I Chair, Board of Directors SOUTH MIAMI. COMMUNITY REDEVELOPMENT AGENCY By: Executive Director 7 ATTACHMENT "A" JUBILEE COMMUNITY DEVELOPMENT CORPORATION LIST OF SINGLE FAMILY, OWNER- OCCUPIED HOMES TO BE CONSTRUCTED IN THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AREA Property No. Property Legal Description Property Street Address 1 2 ATTACHMENT, "B CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO. I Job Description Completion Date Grant Payment 1. a) Identify and purchase lot . 1 /1 /01 $5,000 b) Identify and qualify 1 /l /01 - -- homebuyers c) Draft plans and submit to 1/1/01 - -- City for approval d) Obtain permits for 1/1/01 - -- construction 2. Break ground on house 2 /l /01 - -- 3. Obtain passing inspection on _ 3/1/01 - -- foundation 4. Obtain passing inspection on 4 /l /01 - -- slab 5. Obtain passing inspection on 611101 $2;500 tie beam 6. Obtain passing inspection on 911101 - -- framing a) Obtain passing final 1/1/02 - -- inspection. b) Obtain C.O. 1 /l /02 $2,500 ATTACHMENT "B" CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO.2 Job Description Completion Date Grant Payment 1. a) Identify and purchase lot 1/1/01 $5,000 b) Identify and qualify 1 /l /01 - - homebuyers c) Draft plans and submit to 1 /l /01 - -- City for approval d) Obtain permits for 1 /l /01 - -- construction e 2. Break ground on house 2 /l /01 - -- 3. Obtain passing inspection on 3/1/01 - -- foundation 4. Obtain passing inspection on 4/1/01 - -- slab 5. Obtain passing inspection on 611101 $2,500 tie beam 6. Obtain passing inspection on 9 /l /01 - -- framing a) Obtain passing final l /l /02 - -- inspection. b) Obtain C.O. 1 /l /02 $2,500 ATTACHMENT "B CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO.3 Job Description Completion Date Grant Payment 1. a) Identify and purchase lot 1 /l /01 $5,000 b) Identify and qualify 1 /1 /01 - -- homebuyers c) Draft plans and submit to 1 /l /01 - -- City for approval d) Obtain permits for 1 /l /01 - -- construction 2. Break ground on house 2/1/01 - -- 3. Obtain passing inspection on 3/1/01 - -- foundation 4. Obtain passing inspection on 4/1/01 - -- slab 5. Obtain passing inspection on 611101 $2,500 tie beam 6. Obtain passing inspection on 9/1/01 - -- framing a) Obtain passing final 1 /l /02 - -- inspection. b) Obtain C.O. 1/1/02 $2,500 ATTACHMENT `B" CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO.4 Job Description Completion Date Grant Payment 1. a) Identify and purchase lot 1 /l /01 $5,000 b) Identify and qualify 1 /1 /01 - -- homebuyers c) Draft plans and submit to 1 /1 /01 -- City for approval d) Obtain permits for 1 /1 /01 - -- construction 2. Break ground on house 2/1/01 - -- 3. Obtain passing inspection on 3/1/01 - -- foundation 4. Obtain passing inspection on 4/1/01 - -- slab 5. Obtain passing inspection on 6/1/01 $2,500 tie beam 6. Obtain passing inspection on 9/1/01. - -- framing a) Obtain passing final l /1/02 - -- inspection. b) Obtain C.O. 1/1/02 $2,500 ATTACHMENT "B" CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO.5 Job Description Completion Date Grant Payment 1. a) Identify and purchase lot 1 /l /01 $5,000 b) Identify and qualify 1 /l /01 - -- homebuyers c) Draft plans and submit to 1 /1 /01 - -- City for approval d) Obtain permits for 1 /1 /01 - -- construction 2. Break ground on house 2/1/01 - -- 3. Obtain passing inspection on 3/1/01 - -- foundation 4. Obtain passing inspection on 4/1/01 - -- slab 5. Obtain passing inspection on 611101 $2,500 tie beam 6. Obtain passing inspection on 9 /l /01 - -- framing a) Obtain passing final 1/1/02 - -- inspection. . —7 r—b) Obtain C.O. 1 /1 /02 $2,500 ATTACHMENT "B" CONSTRUCTION TIMETABLE AND PROJECT FUNDING SCHEDULE PROPERTY NO.6 Job Description Completion Date Grant Payment 1. a) Identify and purchase lot 1/1/01 $5,000 b) Identify and qualify 1 / 1 /01 - -- homebuyers c) Draft plans and submit.to 1 /1 /01 - -- City for approval d) Obtain permits for 1 /l /01 - -- construction 2. Break ground on house 2 /1 /01 - -- 3. Obtain passing inspection on 3 /1 /01 - -- foundation 4. Obtain passing inspection on 4/1/01 - -- slab 5. Obtain passing inspection on 611101 $2,500 tie beam 6. Obtain passing inspection on 911101 - -- framing a) Obtain passing final 1/1/02 - -- inspection. b) Obtain C.O. 1/1/02 $2,500 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER - OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec 4D Assistant to the City Manager REQUEST Date: June 1, 2000 Subject: Meeting 6/05/00 —Item 9d Agreement with Don Delaney A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND DON DELANEY. BACKGROUND AND ANALYSIS On June 21, 2000, the current agreement between Don Delaney and the Agency will expire. The attached agreement (the "Agreement ") would provide for the intended "step- down" in services from Mr. Delaney, while still allowing Mr. Delaney to provide services which will facilitate the success of the CRA in this transitional period. The Agreement features a significantly reduced contract cost, providing for a $3,000 monthly retainer, which covers the cost of all services, travel, lodging, meal expenses, printing, secretarial services and phone expenses, and reduces the number of hours provided per month from 80 to 30. Additionally, the contract would result in a much more specific scope of services. Pursuant to the Agreement, Mr. Delaney would be directed to provide reports, documents, deliverables and other specific work - products relating to the following areas: tax increment financing, the trust fund and mortgage and business loan issues; the development of the 00- 01/01 -02 biannual budget; the preparation of the 99 -00 CRA Annual Report; technical questions regarding the CRA Plan and existing support programs; the implementation of the business loan and business loan guarantee programs; entering the City of South Miami into the Small Cities Pool CDBG. program; and the establishment of a Banking Coalition for business loan guarantees, mortgage assistance and loan guarantees and other projects requiring bank financing. The Agreement contains several other noteworthy differences from the previous agreement between Mr. Delaney and the Agency, including: • the Agreement would cover six months,'-the period from June 21 to December 21, 2000; • there is a much shorter termination period than the previous agreement -30 days as compared to 90 days; and • the Agreement requires detailed daily logs recording hours worked on a monthly basis, as required by CRA resolution. Staff believes that the Agreement would provide for continuity as the CRA searches for new administrative leadership. Additionally, staff believes that the Agreement would allow for: 1. an increased chance of success in those areas described in the scope of services; 2. needed professional services at a significantly reduced total cost; and 3. the CRA to evolve into an agency which features an Executive Director and Director, who direct and manage a team of specialized consultants in order to implement the CRA Plan. RECOMMENDATION Your approval is recommended. Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY. REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND DON DELANEY. WHEREAS, the South Miami Community Redevelopment Agency (Agency) and Don Delaney (d/b /a SDI, Inc.) (Delaney) have agreed to retain Delaney to serve as a advisor to the Agency; and WHEREAS, the Agency desires to authorize the Executive Director to execute the Agreement for services. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Executive Director is authorized to execute the agreement between the Agency and Delaney, attached as Exhibit "1." Section 2. This Resolution shall be effective upon adoption. PASSED this day of June, 2000. CHAIRPERSON APPROVED AS TO FORM: ATTEST: GENERAL COUNSEL SECRETARY AGREEMENT THIS AGREEMENT is entered into as of June 21, 2000, between the South Miami Community Redevelopment Agency (CRA) and Don DeLaney (d/b /a SDI, Inc., a Sub - Chapter S Florida corporation wholly owned by Don DeLaney) located at 8422 S.E. Royal Street, Hobe Sound, Florida 33455, (Advisor). WHEREAS, the CRA desires the Advisor to assist in the review and implementation of development proposals, budget formulation, mortgage and business loans, and other economic programs involving the CRA; and WHEREAS, the Advisor possesses the requisite skills, knowledge, expertise and resources to perform these services. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments set forth, the CRA and Advisor agree as follows: 1. SCOPE OF SERVICES A. The Advisor shall serve in a technical capacity as required regarding the CRA Plan and supporting programs. B. The Advisor shall serve as technical expert and financial advisor regarding aspects of redevelopment activities as they relate to the establishment of tax increment financing, the trust fund, and mortgage and business loan issues. C. The Advisor shall serve as technical advisor and financial advisor in the development of the 2000 - 01/2001 -02 biannual budget for the CRA, working with staff and advising the CRA Board and Advisory Board as needed. D. The Advisor shall serve in a technical capacity as required in the preparation of the 1999 -2000 CRA Annual Report to the Auditor General, the Department of Community Affairs, and the Miami -Dade County Board of County Commissioners, as needed. E. The Advisor shall attend CRA Board and Advisory Board meetings as technical advisor, as needed. F. The Advisor agrees to implement and provide technical assistance for business loan and business loan guarantee programs to assist new business owners in the CRA area. G. The Advisor agrees to assist with entering the City of South Miami into the Small Cities Pool CDBG program. H. The Advisor agrees to establish a Banking Coalition for business loan guarantees, mortgage assistance and loan guarantees and other projects requiring bank financing. L The Advisor agrees to perform general technical work as directed, as time permits. 2. TIME FOR PERFORMANCE The Advisor agrees to perform all services in a timely and diligent manner upon execution of this Agreement. This agreement shall be for the period of June 21, 2000 - December 21, 2000. This Agreement may be extended for additional six month periods upon agreement' of the parties. 3. REPORTING REQUIREMENTS The Advisor shall report to the CRA Executive Director and will be assigned to work on various redevelopment activities on an as- needed basis. The Advisor shall attend CRA Board and Advisory Board meetings as directed to provide monthly updates. The Advisor shall submit detailed daily logs as required by CRA resolution recording hours worked on a monthly basis. 4. COMPENSATION AND METHOD OF PAYMENT The Advisor shall receive a monthly retainer payment of $3,000, which covers the cost of all services, travel, lodging, meal expenses, printing, secretarial services, and phone expenses, and shall provide a minimum of thirty (30) hours of services per month. -2- shall provide a minimum of thirty (30) hours of services per month. 5. OWNERSHIP OF DOCUMENTS Reports, services and other data obtained or prepared in connection with the Agreement are and shall remain the property of.the CRA. The CRA shall have the rights to any and all publication efforts resulting from reports, surveys and other data obtained or prepared in connection with the Agreement, which rights it may, upon request, assign or license to the Advisor. 6. TERMINATION This agreement may be terminated by the CRA or Advisor for cause or by the CRA for convenience upon receipt of written notice by the terminating party of such termination thirty (30) days prior to termination date, in which event the Advisor shall receive compensation for services performed to the termination date. 7. NON - DISCRIMINATION The Advisor agrees that it will not discriminate against any of its employees or applicants for employment because of race, color, religion, sex or national origin, and to abide by all Federal and State laws regarding non- discrimination. 8. ARBITRATION Any dispute or claim relating to this Agreement shall be submitted to binding arbitration pursuant to the rules of the American Arbitration Association, and venue for any arbitration shall be in Miami -Dade County, Florida. -3- IN WITNESS WHEREOF, the parties have executed this Agreement as of this date first above written. Don DeLaney, President SDI, Inc. Date: Attest: Executive Director Chairperson Date: SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER - OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec ino Assistant to the City manager REQUEST Date: June 1, 2000 Subject: Meeting 6/05/00 —Item 9e Lee Park Condominium Sidewalk and Parking Lot Improvements A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY APPROVING THE EXECUTION OF AN AGREEMENT WITH LEE PARK CONDOMINIUM FOR A GRANT AWARD FOR SIDEWALK AND PARKING LOT IMPROVEMENTS. ' BACKGROUND AND ANALYSIS In correspondence dated March 8, 2000, Jean Larkin -Scott, ,Property Manager, on behalf of the Board of Directors of the Lee Park Condominium Association, requested a $20,000 grant "to repair and replace sections of dilapidated sidewalks throughout the property including upgrading of parking lots ". On April 20, 2000, the funding request was presented to'the CRA Advisory Board. The Board voted 3 -0 to recommend approval of the request. On May 1, 2000, the funding request was presented to the CRA Board for approval, and the Board voted 6 -0 to approve the request. The attached Agreement provides for the CRA to reimburse the Association for up to $20,000 worth of expenditures relating to the approved project. Reimbursement requests by the Association must be accompanied by a detailed expenditure report and proof of expenditures. The grant award would be charged to the Infrastructure Account, which currently has a balance of $49,520.00. The resulting balance of the Account would be $29,520.00. No other projects are pending at this time. Your approval is recommended. 06/01/2000 11:14 8957029 NOMIAMICITYATTY RESOLUTION N0. . A RESOLUTION OF THE SOUTH MIAM[ COMMUNITY REDEVELOPMENT AGENCY APPROVING THE EXECUTION OF AN AGREEMENT WITH LEE PARK CONDOMINIUM FOR A GRANT AWARD FOR SIDEWALK AND PARKING LOT IMPROVEMENTS, PAGE 02 WHEREAS, the South Miami Community Redevelopment Agency (Agency) has budgeted for programs to enhance properties in the Agency plan area; and WHEREAS, the Agency desires to give Lee Park Condominium grant funding for property enhancement. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Executive Director of the South Miami Community Redevelopment Agency is authorized to execute an agreement. with Lee Park Condominium for a grant award of $20,000, attached as Exhibit "1," for sidewalk and parking lot improvements. Section 2. That. this Resolution shall be effective upon adoption. PASSED AND ADOPTED by a vote of the Agency this day of )12000.. CHAIRPERSON ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING AGREEMENT THIS GRANT FUNDING AGREEMENT is entered into this day of 2000 between the South Miami Community Redevelopment Agency (Agency) and the Lee Park Condominium (Grantee), (Parries). WITNESSETH: WHEREAS, the South Miami Community Redevelopment Agency Advisory Board has recommended a grant award of $20,000 to the Lee Park Condominium for sidewalk and parking lot improvements; and WHEREAS, the Agency accepts this recommendation and wishes to provide funds for this improvement in the South Miami Redevelopment Area. NOW, THEREFORE, the Parties agree as follows: I. SCOPE OF PROJECT The Grantee agrees to make improvements to the sidewalks and parking lot in accordance with the program description on Attachment A. II. BUDGET SUMMARY The Grantee agrees that all proposed expenditures or costs shall be provided to the Agency in a Budget Summary, which shall be received no later than thirty (30) days following execution of this Agreement, and which shall be subject to approval by the Agency. III. EFFECTIVE TERM The Agreement shall be effective upon execution, and shall continue up to and including September 30, 2000. Any funds not expended by the Grantee by September 30, 2000 shall be returned to the Agency. IV. AMOUNT PAYABLE Subject to available funds, the maximum grant amount payable under this Agreement shall not exceed $20,000. The Parties agree that should grant funding not be available, the amount payable under this Agreement shall be reduced by the Agency. The Grantee waives any and all claims against the Agency for any reduction or for the unavailability of funding. The Grantee will not look to nor seek to hold. liable the Agency, its officers, employees or agents for the performance of this Agreement and shall release the Agency from liability under this Agreement. V. INDEMNIFICATION BY GRANTEE The Grantee shall indemnify and hold harmless the Agency and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs, which the Agency, its officers, employees, agents or instrumentalities may suffer as a result of claims, demands, suits, causes of actions or proceeding of any kind or nature arise out of, relating to or resulting from the performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. The Grantee 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 Agency, where 7 attorney's fees which may issue. The Grantee expressly understands and agrees that .any insurance required by.this Agreement or otherwise provided by the Grantee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Agency, its officers, employees, agents and instrumentalities. Nothing in this Agreement shall be construed to affect the Agency's liability as provided in Section 768.28, Florida Statutes. VI. NOTICES It is understood and agreed between the parties that written notice addressed to the City and to the Grantee, mailed or, delivered to the following addresses shall constitute sufficient notice to either party: To the Agency: Executive Director, SMCRA 6130 Sunset Drive South Miami, FL 33161 To the Grantee: VII. STATUS OF THE PARTIES Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting. parties. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent or instrumentality of the Agency. Furthermore, the Grantee's agents and employees are not agents or employees of the Agency. 3 VIII. BREACH OF AGREEMENT: REMEDIES A. Breach. A breach by the Grantee shall include but not limited to the following: (1) ;the Grantee fails to provide the services outlined in the program description (Attachment A); (2) the Grantee ineffectively or improperly uses the Agency funds allocated under this Agreement; (3) the Grantee does not receive all permits required by law; (4) the Grantee fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (5) the Grantee does not submit or submits. incomplete or incorrect, required reports; (6) the Grantee refuses to allow the Agency access to records or refuses to allow the Agency to monitor, evaluate and review the Grantee's improvement program; (7) the Grantee discriminates under any Federal, State or local law; (8) the Grantee attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; (9) the Grantee fails to correct deficiencies found during any final inspections or certificates of completion required by the Agency or the City. Waiver or breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. B. Agency Remedies. If the Grantee breaches this Agreement, the Agency may pursue any or all of the following remedies: The Agency may terminate this Agreement by giving written notice to the Grantee of such termination and by specifying the effective date at least five (5) days before the effective date of termination: In the event of termination, the Agency may: (a) seek reimbursement of Agency funds allocated to the Grantee under this Agreement; or (b) terminate or cancel any other contracts entered into between the. Agency and the Grantee. The Grantee shall be H responsible for all direct and indirect costs associated with such termination, including attorney's fees. IX. TERMINATION BY EITHER PARTY In ' addition to the Agency's rights addressed above, the parties agree that this Agreement may be terminated by either party without cause by written notice to the other party of such intent to terminate at least fifteen (15) days prior to the effective date of such termination. X. PAYMENT PROCEDURES The Agency agrees to pay the Grantee for improvements rendered under this Agreement based on the Agency's approved budget summary and payment schedule. Payment shall be made in accordance with procedures outlined below. A. Request for Payment. Payment Requests. are to be presented to the Agency by the Grantee at monthly intervals. Each payment request is to be accompanied by: (a) a detailed expenditure report; and (b) proof of expenditures. The Agency shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditure. XI. RECORDS, REPORTS, AUDITS. MONITORING AND REVIEW A. Accounting Records. The Grantee shall keep accounting records which conform with generally accepted accounting principles. All such records will be retained by the Grantee for not less than three (3) years beyond the term of this Agreement. 5 B. Financial Audit. If the Grantee has an annual certified public accountant's opinion and related financial statements, the Grantee agrees to provide these documents to the Agency no later than ninety (90) calendar days following the end of the Grantee's fiscal year, for each year during which this Agreement remains in force or until all funds earned from this Agreement have been so audited, whichever is later. XII. MISCELLANEOUS A. Publici . It is understood and agreed between the parties that this Grantee is receiving funds by the Agency. Further, by the acceptance of these funds, the Grantee agrees that events funded by this Agreement shall recognize the Agency as a funding source. The Grantee shall ensure that all publicity, public relations, advertisements and signs recognizes the Agency for the support of all contracted activities. . B. Agreement Guidelines. The Grantee agrees to comply with all applicable federal, state, county, and city laws, rules and regulations. This Agreement shall be governed by the laws of the State of Florida, and venue shall be Miami -Dade. County, Florida. C. Modifications. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties. D. Totali ! of Aareement/Severability of Provisions. This Agreement with its attachment contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or. otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. If any provision of this Agreement is held invalid or 6 void, the remainder of this Agreement shall not be affected if such remainder would then continue to conform to the terms and requirements of applicable law. XIII.. LIMITATION OF LIABILITY The Agency desires to enter into this Agreement only if in so doing the Agency can place a limit on its liability for any cause of action for money damages arising out of this Agreement, so that its liability never exceeds the sum of $1,000.00. Grantee expresses its willingness to enter into this Agreement with recovery from the Agency for any action or claim arising from this Agreement to be limited to the sum of $1,000.00. Accordingly, and notwithstanding any other term or condition of this Agreement, Grantee agrees that Agency shall not be liable to Grantee for damages or for any action or claim arising out of this Agreement' in an amount in excess of the sum of $1,000.00. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Agency's liability as set forth in Section 768.28, Florida Statutes. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: LEE PARK CONDOMINIUM By: By: Type or Print Name ATTEST: Type or Print Name APPROVED AS TO FORM: By. General Counsel Type or Print Name SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: Type or Print Name a I ZEE _(7 ')a', Condomint:um 6rro �� 6 &E� cStzESE _7 LQ. SOX 431328 cSoieE�t lamf, 5 f IL 33143 (3o5) 665 -6.221 lax - 666 -3856 March 8, 2000 Diana Morris. Assistant City Manager. The Community RedevelopmentAgency 6130 Sunset Drive City of South Miami, Florida 33143 . Re: Lee Park Condominium Request for Funds for Physical Improvement Dear Ms. Morris: As you are aware Lee Park Cooperative convert to Lee Park Condominium August 1999 during its 25,' Anniversary. It has become necessary to undertake several physical improvements and beautification of the property for better living standards for the homeowners. The exterior painting of the property is almost completed while ground landscaping is in progress. In order to complete . the necessary physical improvement plan, we the Board of Directors humbly request for financial assistance in the amount of $20,000.00 to repair and replace sections of dilapidated sidewalks through out the property including up grading of parking lots. Granting our request for this one -time special assistance will be highly appreciated and should you have any questions please free to contact us at (305) 665 -6221. Sincerely, i� Jean Larkin - Scott, Property Manager On Behalf of The Board of Directors SOUTH MIAMI COMMUNITY • REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec Assistant to the Ciry anager ..REQUEST Date: June 1, 2000 Subject: Meeting 6/05/00 —Item 9f Issuance of RFP &Q for infill single- family housing A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS & QUALIFICATIONS (RFP &Q) FOR THE SMCRA URBAN INFILL HOUSING PROGRAM. BACKGROUND AND ANALYSIS On December 13, 1999, the SMCRA issued an RFP &Q for the construction of new single- family homes in the CRA Area. As a result of that RFP &Q, proposed agreements with Habitat for Humanity and the Jubilee Community Development Corporation have been placed on the June 5`" agenda for approval. These agreements would provide for the construction of ten new homes in the CRA Area. The construction of the ten new .homes will positively impact the neighborhood in several significant ways, including, but not limited to, the following: 1. there will be employment opportunities for local residents during construction; 2. ten vacant lots will developed; 3. an investment of $100,000 by the CRA will result in a, return of over $800,000, as the vacant lots worth approximately $15,000 become new homes assessed at $65,000 to $100,000 each; 4. the number of affordable housing units will increase; 5. the available housing stock will be improved; 6. low to moderate income persons will own new homes in the City of South Miami; and 7. there will be units available for the implementation of the Role Model Program. Additionally, the success of the RFP &Q has heightened interest in the CRA Area. More private investors are interested in the Area, and several inquiries have been made regarding when the CRA would issue its next RFP &Q. The CRA is committed to building 24 new single- family homes by the end of FY 00 -01. This year the CRA Board budgeted $120,000 to build 12 units. As previously mentioned, the Agreements with Habitat for Humanity and Jubilee would result in the construction of 12 units and the expenditure of $100,000, leaving the CRA 2 units short of its goal for this year and $20,000 in the FY 99 -00 Budget for the construction of infill housing. CRA staff believes that the CRA is currently faced with an opportunity to (1) exceed its FY 99- 00 goal for infill housing and (2) prudently utilize resources available in the approved budget by issuing another RFP &Q for infill single- family housing. As you know, the CRA is currently running a substantial surplus in the FY 99 -00 Budget. Unlike the City, the CRA does not want a surplus because it cannot "save" its money or place it in the Reserve Fund -the CRA can lose its unused TIF funds. The issuance of the proposed RFP &Q, attached as Exhibit "'I", would (1) positively impact the neighborhood in the ways discussed in numbers 1 -7, page 1; (2) build on the momentum resulting from the. success of the first RFP &Q; and (3) prudently utilize funds that must be spent. The proposed RFP &Q differs from the previous version in four significant ways: 1. It allows a one lot minimum instead of 10. • allows smaller builders to participate. (For example, if a local contractor has the ability to build one home,. but not 10, he or she could now be a part of the program.) 2. It provides for a 10 home maximum rather than 6. • allows for a greater economy of scale and flexibility of options, attracting a larger applicant pool. • a larger applicant pool will result in greater diversity in building forms and architectural styles. 3. For -profit organizations can submit applications. allows for a larger applicant pool. • a larger applicant pool. will result in greater diversity in building forms and architectural styles. 4. Language has been added to stress the importance of the creation of affordable housing. highlights one of the program's most important objectives. RECOMMENDATION Your approval is recommended. Page 2. of 2 a� Source Al H U INCORPORATED • 1927 LaRVQ REQUEST FOR PROPOSALS & QUALIFICATIONS OFFERING DOCUMENT FOR THE SMCRA URBAN INFILL HOUSING PROGRAM IN THE CITY OF SOUTH MIAMI, FLORIDA RFP &Q NO. 00- 06 -12 PREPARED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY RELEASE DATE: JUNE 121 2000 RECEIPT BY CRA OF PROPOSER Is LETTER OF INTENT: .TUNE 30, 2000 MANDATORY PRE - PROPOSAL CONFERENCE DATE: JULY 10, 2000 FINAL SUBMISSION DATE! JULY 24, 2000. TABLE OF CONTENTS 1. Chairman's Letter of Invitation 2. Disclosure and Disclaimer Statement 3. Rejection or Disqualification of Proposals 4. Introduction to the Program 5. Project Goals and Strategies 6. Description of Single - Family Infill Property Available for Redevelopment A) Street Map B) Sample Property Folio Information C) Sample Photo Essay D) The "Hometown Plan" Area 2 Booklet E) SMCRA Affordable Housing Policy, 7. Contact and Submission Information 8.' Pre- Proposal Conference 9. Threshold Qualifications 10. Required Proposal Content and Format 11. Selection Process 12. Additional Information SMCRA ACKNOWLEDGEMENTS SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY JULIO ROBAINA, CHAIR AND MAYOR OF THE CITY OF SOUTH MIAMI HORACE G. FELIU, VICE - CHAIRMAN DAVID D. BETHEL, COMMISSIONER JAMES BOWMAN, COMMISSIONER CHARETE PLUMMER, COMMISSIONER MARY SCOTT RUSSELL, COMMISSIONER RANDY WISCOMBE, COMMISSIONER SOUTH MIAMI CRA ADVISORY BOARD LEE PERRY, CHAIRMAN HELEN DIAZ CHARLES J. FOSCHINI MARSHALL HANNAH WILLIAM DAVID TUCKER, SR. EXECUTIVE DIRECTOR: CHARLES SCURR AGENCY CONTACT: GREGORY J. ORAVEC, INTERIM CRA DIRECTOR PHONE: (305) 663 -6318 FAX: (305) 663 -6345 JOHN DELLAGLORIA, SMCRA LEGAL COUNSEL DON DELANEY, CRA CONSULTANT SMCRA ON SMCRA LETTERHEAD Dear Interested Redeveloper: The South Miami Community Redevelopment Agency has created a unique and innovative opportunity for developers of quality housing. Our Commission. and community are dedicated to making the South Miami Redevelopment Area a prime place for investment. In reviewing the proposal which has been prepared by our dedicated professional team, you. will discover flexible and aggressive strategies designed to pave the way for organizations like.yours to.assist in providing home ownership for our citizens. As Mayor and Chairman of the Community Redevelopment Agency Board, I invite you to present your proposal and qualifications for the Infill Housing Redevelopment Program to the South Miami CRA. Sincerely, Julio Robaina Mayor. and CRA Chairman SECTION 2 DISCLOSURE AND DISCLAIMER This request for proposals and qualifications ( "RFP &Q ") is being issued by the South Miami Community Redevelopment` Agency (the "SMCRA'). Any action taken by the SMCRA in response to proposals made pursuant to this offering or in making any award or failure or refusal to make any award pursuant to any such proposals, or in any cancellation of award, or in any withdrawal or cancellation of this RFP &Q, either before or. after issuance of an award, shall be without any liability or obligation on the part of the SMCRA, the City or their advisors. In its sole discretion, the SMCRA may withdraw this RFP &Q either before or after receiving proposals,, may acceptor reject proposals, and may waive any informalities in any proposal. In its sole discretion, the SMCRA may determine the qualifications and acceptability of any party or parties submitting proposals in response to this RFP &Q, such party being referred to as a "proposer." Following submission of a proposal, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data, relating to the proposal and /or the proposer, including the proposer's affiliates, officers, directors, shareholders, partners and employees, as requested by the SMCRA. The information contained herein is provided solely for the convenience of proposers. It is the responsibility of a proposer to assure itself that information contained herein is accurate and complete. Neither the SMCRA, the City nor their advisors provide any assurances as to the accuracy of any information in this proposal. Any reliance on the contents of this RFP &Q, or on any communications with SMCRA or City representatives or advisors, shall be at each proposer's own risk. Proposers should rely exclusively on their own investigations, interpretations and analyses in SMCRA PAGE 2 -1 connection with this matter. The RFP &Q is being provided by the SMCRA and its advisors without any warranty or representation, expressed or implied, as to its content, accuracy or completeness, and no proposer or other party shall have recourse to the SMCRA, City or their advisors if any information herein contained shall be inaccurate or incomplete. No warranty or representation is made by the SMCRA, City or their advisors that any proposal conforming with these requirements will be selected for consideration, negotiation or approval. The SMCRA, the City, and their advisors shall have no obligation or liability with respect to this RFP &Q, or the selection and award process contemplated hereunder. Neither the SMCRA, the City nor their advisors warrant or represent that any award or recommendation will be made as a result of the issuance of this RFP &Q. All costs incurred by a proposer in preparing and responding to this RFP &Q are the sole responsibility of the proposer. Any recipient of this RFP &Q who responds acknowledges all the'provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. Any proposal submitted pursuant to this RFP &Q is at the sole risk and responsibility of the party submitting such proposal. This RFP &Q is made subject to correction of errors, omissions, or withdrawal without notice. Information contained in the RFP &Q is for guidance only and each recipient is cautioned and advised to independently verify all of such information. In the event of any differences between this disclosure and disclaimer and the balance of the RFP &Q, the provisions of this disclosure and disclaimer shall. govern. Formal presentations by the proposer shall be made before the SMCRA Board of Commissioners which will make the final decision. Contract negotiations will. take place with the entities selected by the SMCRA Board, and if a suitable contractual arrangement cannot be made, negotiations may commence with other applicants, or the SMCRA may, at its sole option, withdraw this RFP &Q. The SMCRA Board reserves the right to select the proposal which in the opinion SMCRA PAGE 2 -2 and sole discretion of the SMCRA will be in the best interest of and/or most advantageous to the citizens of South Miami. The SMCRA reserves the right to waive any irregularities and technicalities and may at its discretion request resubmittal of proposals. All expenses in preparing the proposal and any resubmittals shall be borne by the proposer. The SMCRA and the proposer will be bound only if and when a proposal, as it may be negotiated, is approved and accepted by the SMCRA, and the applicable agreements are approved, executed and delivered, and then only pursuant to the terms of agreements executed by the proposer and the SMCRA. All or any responses to this RFP &Q may be accepted or rejected by the SMCRA for any reason, or for no reason, without any resultant liability to the SMCRA, the City or its advisors. The SMCRA is governed by the sunshine law and the public records law of the State of Florida and all proposals and supporting data shall be subject to disclosure as required by such laws. All proposals shall be submitted in sealed form and shall remain confidential to the extent permitted by the public records law until the date and time selected for opening responses. SMCRA. PAGE 2 -3 SECTION 3 REJECTION OR DISQUALIFICATION OF PROPOSALS The South Miami CRA may reject or disqualify a proposal under any of the following circumstances: • the proposer fails to attend the mandatory Pre - Proposal Conference; • the proposer misstates or conceals any material fact in the proposal; • the proposal does not strictly conform to applicable laws or any requirements of this RFP &Q; • the proposal does not include documents, certificates, affidavits, acknowledgments or other information required by this RFP &Q; • the proposal has not been executed by the proposer through or by an authorized officer or representative of the proposer or proposer team; • the proposer fails to comply with all provisions, requirements and prohibitions . binding on all proposers as herein set forth or.fails to comply with applicable law; • the proposer fails to acknowledge receipt of any,formal addenda; • the South Miami CRA reserves the right to reject all proposals and /or re- advertise all or any part of this RFP &Q when it is deemed in the best interest of the South Miami CRA to do so. SMCRA PAGE 3 -1 SECTIONA INTRODUCTION TO THE PROGRAM, In recent years, there has been significant and on -going investment and redevelopment activity in the South Miami Community Redevelopment Area (map included). These include, but are not limited to, the establishment of a Tax Increment. Financing mechanism, the adoption of a Community Redevelopment Plan with special powers, the redevelopment of the former Bakery Center into the Shops at Sunset Place, street improvements and the opening of the MetroRail station. The redevelopment. area contains approximately 185 acres and is supported by a dedicated revenue source for the implementation of numerous programs in the adopted Community Redevelopment Plan. The goal of the Community. Redevelopment Agency (CRA), which serves as the City Commission's advocate and agent for redevelopment, is to improve the quality of life for the citizens, property owners and business people of the community. Towards that goal, the South Miami CRA is issuing this Request for Proposals and Qualifications in order to leverage the ten thousand dollars ($10,000) per housing unit allocation authorized by the CRA Board of Commissioners. All aspects of this redevelopment program and budget have been authorized, and are funded with tax increment financing revenue. It is anticipated that more than one organization shall be selected to work with the SMCRA and that each organization will have an initial allocation of between $10,000 and $100,000 for the redevelopment of up to ten vacant infill lots. All infill lots that were vacant at the time of adoption of the redevelopment plan are identified in Appendix B of the adopted redevelopment plan SMCRA PAGE 4 -1 SECTION 5 PROJECT GOALS AND STRATEGIES The goal of this redevelopment project is to create single - family owner- occupied new homes on currently vacant lots in the South Miami Redevelopment Area. The SMCRA Board of Commissioners has established a goal of.having twenty -four (24) new homes under various stages of development in the first twenty -four. (24) months that the agency has TIF funding. The strategy to reach this ambitious goal involves partnering with qualified infill housing redevelopers. As an incentive to make South Miami the primary area for new housing activity, the SMCRA has appropriated $120,000 this fiscal year to leverage approximately $880,000 in non -CRA funds. Additional funds may be appropriated. This will result in a minimum of $2 million in new redevelopment construction in the form of twenty -four new homes funded under this annual program cycle. These funds will be granted on a unit -by -unit basis. A $10,000 award, which can be expended on any activity related to any phase of the development of a new home, will be provided to the organizations which are selected as partners by the SMCRA. An additional goal of this program will be to provide priority opportunities first to eligible existing residents of the redevelopment area and second to residents of the City to purchase homes built under this program. Based on the income characteristics of residents, the SMCRA reserves the right to select housing proposals which will generate affordable housing stock. Any vacant site which is listed in the legally adopted South Miami CRA Plan shall be eligible under this program. In addition, any residential lot located within the redevelopment area shall be eligible under this program. The details of the agency's partnership with the selected organizations shall be delineated in a contract approved by the SMCRA Board of Commissioners. These contracts will be formulated immediately upon selection of the organizations by the Board. SMCRA PAGE 5 -1 SECTION 6 DESCRIPTION OF SINGLE - FAMILY INFILL PROPERTY AVAILABLE FOR REDEVELOPMENT The following information is provided regarding the potentially available infill housing lots. (A) Street Map (B) Sample Property Folio Information (C) Sample Photo Essay (D) The "Hometown Plan" Area 2 Booklet. (E) SMCRA Affordable Housing Policy SMCRA PAGE 6 -1 S.W.: 62nd STREET. .. 6 7 6 5 4 3 ' 2 1 10 11 4 � rz 12 11 12 1T 15 10 1110 19 2 21 22 14 Min + { , It {ill W s n aq, ":,j : i w 4 � � 1"i �12� �.1;' -127, �6 a4 � +Z j w ,s, = 6 � , .. • 9W.Cnd7ERRACE 4 9 1 • N .. .. as tl M tq n t0 7�- .10 55 JLW 82ndTERRAC9 S.W.: 62nd STREET. .. 6 7 6 5 4 3 ' 2 1 10 11 4 � rz 12 11 12 1T 15 10 1110 19 2 21 22 14 Min + { , It {ill t S s n aq, ":,j : i w 4 � � 1"i �12� �.1;' -127, �6 a4 � +Z j ,s, = 6 � , .. • 9W.Cnd7ERRACE 1 tl M tq n t0 7�- .10 55 JLW 82ndTERRAC9 Y ,� iY ,- k. ; 3 4 31 2 s.W.6LhdSr IAN'S A R � T "jR4+ a t � to a n ti 2 't1S c .Y'.Tr G2� S.W 63rd sr 1 5i • s IN M IT • M Is 1r 0� °11 4 u4•.. dT q�4.r ? . , 15 nxc k t } :. >t ZO tl 01 it N �B4 .10r g+a 66th TERRACE - { STREET k All 163 X114. ;98'.1: v �.109.,119� «? W f, '103, 10•C3 hSTREET 9 6 7 6 5 4 3 ' 2 1 10 11 4 � 11 12 11 12 1T 15 10 1110 19 2 21 22 14 jigr su NMI Nor a�Ills eases �u a>..in ="can an-r MEurm RMAN NO IN m m � aacna wugw 0 uw?,m C Ms.= ®us.— 7 ®MF7° EZ7 M 11L Affl�+ um 7 2 29 . g iu METR TATIO ��O 21 4 <9 27 .10 7 6 u T s > - S.W. 71st STREET 4 J 10 1910 26 5 28 11 .. w 19 g 23. 12 1b? :12. i S.W. 71 s 24 19 %' 0'i' r G,y�� 8 - 1g 7 14 1T 3 ;10. r X19 47 0 -`7 0 17 B 21 14 10 9. 2Z 15 11 ltom' 1 }�`, 1ti tQ 1 2 S 4{tir9 it ugyis14 12 12 11 10 21 20 19 1 t o 8 7 8 8 19 9 10 4 � 1s 14 12 11 .2 1 a>..in ="can an-r MEurm RMAN NO IN m m � aacna wugw 0 uw?,m C Ms.= ®us.— 7 ®MF7° EZ7 M 11L Affl�+ um 7 2 29 . g iu METR TATIO ��O 21 4 <9 27 .10 7 6 u T s > - S.W. 71st STREET 4 J 10 1910 26 5 28 11 .. w 19 g 23. 12 1b? :12. i S.W. 71 s 24 19 %' 0'i' r G,y�� 8 - 1g 7 14 1T 3 ;10. r X19 47 0 -`7 0 17 B 21 14 10 9. 2Z 15 11 ltom' 1 }�`, 1ti tQ 1 2 S 4{tir9 it ugyis14 12 12 11 10 21 20 19 1 t o r PUBLIC VALUE INQUIRY * * * PT' XM0186 FOLIO .. 09:4025.028 0200.... '. PROP ADDR :''5928. SW 66 ST MCD . - 0900 NAME AND LEGAL''. VALUE HISTORY RICHARD C.WEIT, YEAR.':'. 1998 `1999:: 01/01/2000 775 NE . 79 - ST'STE' B' LAND, :15624 15624' MIAMI. FL BLDG MARKET 15624 15624 .331384743;= ___ LARKINS TOWNSITE :... PB'.2- 105,,':''ASSESS. 15624. ..15624 . LOT . 8 BLK 2. HEX LOT.' SIZE ' . '.50.000 X .143' WVD . CLERKS,194AO1167 0495.:' TOT -EX 15624 T'. 15624.T TAXABLE . "STATE EXEMPT :.. LAND , AVAILABLE . FOR TAXES . SALE, DATE SALE AMT , SALE TYPE .., I/V . SALE O/R PFl -MORE LEGAL:PF2- PARCEL. INFOPF3 -FOL SRCH ?F5= TAX'.'COLL PF7 -PREY OWNER PF8 -MENU PF13 -OCCUP LIC. PUBLIC VALUE INQUIRY * * * PTXM0186 FOLIO 09 4025'028 0190 PROP•ADDR' MCD 0900 NAME AND LEGAL .VALUE HISTORY., MILDRED BERRY YEAR 1998; 1999; .01/01/2000 1190,. NW '88 ST LAND ..15624 15624 MIAMI.- FL'.' BLDG.. _ . MARKET .: 15624 15624 :..' 331502546.===- LARKINS TOWNSITE �..PB 2 -105• ASSESS. 15624r �. N 15624;.. LOT 7 BLK 2 • .... HEX LOT ' SIZE 50,000: X '- . .143 TWD OR .14691 -156 -157 0890.'4-. TOT EX. TAXABLE. 1562.4 15624 STATE -EXEMPT: ....SALE -DATE .. SALE AMT. ' SALE TYPE. '� , • I/V SALE O/R ?F1- MORE'LEGAL.PF2- PARCEL :INFO PF3- FOL- SRCH.PF5 -TAX COLL.PF7 -PREY OWNER:•PF8- MENU . PF13 -OCCUP -LIC 7 11/12/1.'999 * * * PUBLIC VALUE INQUIRY PTXM0186 FOLIO ..09'4025' 010 0070 PROP ADDR MCD .09.00 NAME AND LEGAL VALUE HISTORY .. MARSHALL•WILLIAMSON YEAR .1998 „1999 01/01/2000. 6500 SW 60 AVE.' . , ..'LAND. 8813 8813. -'SO -MIAMI FLA' BLDG ...`. MARKET � � 8813 ,:.: 8813 331433403 ' FRANKLIN . SUB ' . PB 5 -34 , •ASSESS.. 8813. .: 8813 -- LOT 6 LESS W2.5FT BLK 1 HEX. LOT SIZE • 5875.. SQ. FT WVD TOT EX TAXABLE 8813 8813 STATE EXEMPT: . SALE-.DATE .., SALE" AMT- ,. SALE 'TYPE . I/V - SALE 0/R . PF1--MORE•LEGAL,PF2. PARCEL INFO.,PF3 -FOL SRCH PF5 -TAX COLL PF.7 -PREV OWNER PF8 -MENU PF13- OCCUP,LIC i 11/12/1999 * * *. ' -PUBLIC VALUE INQUIRY PTXM0186 FOLIO 09`4025 000 0730 • PROP.:ADDR' 6065 "SW 64 TERR MCD 0900 NAME-'AND LEGAL:.,., VALUE HISTORY JESSE BROWN YEAR. , 1998 1999 01/01%2000 6065 SW'64 TERR LAND 12635' 12635 MIAMI FL . . BL ©G • . MARKET` 12635 12635. 3314334071=--===-======== -== ------.___--= ___- __- ____ =__. 25 54 40 :09 'AC ASSESS•• 12635• 12635 E50FT- OF W150FT 'OF S80FT OF HEX N186FT . OF' El /2 ' OF NWl /4 .OF . NW1 /4 WVD . OF • SEl /4 • TOT EX LOT SIZE 56.000-X : •80:- • TAXABLE . 12635 .12635-. 'OR.13342- 2287.0387 5. .. STATE EXEMPT:. :. • SALE . DATE • . SALE : AMT . .. SALE. TYPE I/V SALE O/R . ?Fl- MORE•LEGAL PF2-PARCEL INFO PF3 -FOL SRCH.PF5 -TAX 1COLL PF7 -PREV OWNER PF8 -MENU PF13- OCCUP'LIC .11/12/1999 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 . FOLIO 09 4025'010.0660 PROP ADDR 0900 NAME ' , AND*. LEGAL VALUE • HISTORY DESTINY HUMANSERVICES.CORP YEAR.. .1998' 1999 .01/01/2000 6075 SW 6.4. - ST'- LAND : -17040' 17040'- SO MIAMI.•FL :BLDG: :MARKET 17 04 0 17040'. 33134 ___- _- __--- _-- - _____ _ ___ ______ _ __ FRANKLIN SUB PB.5 -34 ASSESS 17040. :17040 P 11 -1 AKA' ' LOTS 66 . & 67. BLK l l . HEX -.. -.LOT. SIZE :100.'00•.X :100.00. • WVD .OR 17965-1860-0298 3 TOT EX 17040 T . .TAXABLE 17040' STATE. EXEMPT: SALE`-DATE ..SALE "AMT . . SALE-..TYPE • I/V. SALE .0 /4 PFT -MORE LEGAL-PF2= PARCEL INFO PF3- FOL.SRCH PF5 -TAX COLL PF7- PREV.OWNER PF8 -MENU PF13 -OCCUP LIC SMCRA PAGE 6-2 PHOTOS OF SAMPLE CITY INFILL HOUSING SITES OFFERED FOR REDEVELOPMENT SiMCRA PAGE 6-3 SMCRA PAGE 6-4 SECTION 7 CONTACT AND SUBMISSION INFORMATION One original and fifteen (15) copies of the proposals (a total of sixteen [16]) shall be submitted in a sealed package labeled "Response to Redevelopment Project RFP &Q No. 00- 06 -12." Additional copies of the proposals may be requested at a later date. The due date is July 24, 2000-at 3:00 p.m. There shall be a public opening of all RFP &Q's received at 3:30 p.m. in the City Commission Chambers. The contact person for the SMCRA is the Interim CRA Director, Gregory J. Oravec. The Proposal and any related correspondence shall be delivered or mailed to the following address: City of South Miami ATTN:Gregory J. Orayec, Interim CRA Director 6130 Sunset Drive South Miami, Florida 33143 SECTION 8 PRE - PROPOSAL .CONFERENCE A mandatory Pre - Proposal Conference shall beheld on July 10' 2000 at 2:00 p.m. The meeting shall be held in the City Commission Chambers located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida .33143. Failure to have a representative at this mandatory Pre - Proposal Conference will disqualify Proposers. SMCRA PAGE 8 -1 SECTION 9 THRESHOLD QUALIFICATIONS As part of the RFP &Q pre - screening process, the SMCRA has established five threshold qualification standards. All proposers are required to meet these standards to receive further consideration of their proposals. All proposers will be notified in writing within two weeks of the proposal submission deadline as to the acceptance of their qualifications. Each proposer shall demonstrate: (A) Successful completion of similar housing projects; (B) Professional capability with regard to their full -time staff; (C) Existence of a highly- qualified and divers board of directors or ownership; and (D) Continued operation and legal existence for a twenty -four month period prior to the date of this RFP. SMCRA PAGE 9 -1 SECTION 10 REQUIRED PROPOSAL CONTENT AND FORMAT The proposal will be evaluated solely on the basis of the written information provided by the organization and its corresponding housing infill strategy and concept. The proposal package should include, at a minimum, the following components: (A) Letter of Transmittal. A generalized statement identifying the organization which is seeking to participate in the Infill Housing Program. (B) Description of organizational team and its qualifications: 1.. Organization Information, including: ♦ Organization name, mailing address, e-mail address, telephone and fax numbers; ♦ Organization structure and size; ♦ Board of directors; ♦ The name of the representatives authorized to negotiate with the committee or its representative; ♦ Organizational staff expected to work on this project, including staff professionals and consultants; ♦ If this assignment is to be performed by joint venture participation organization, please include the percentage breakdown of each organization's participation. 2.. Team Organization: Provide an organization chart identifying all individuals who would participate in the proposed project.. Provide resumes and references for all proposed /development team members. 3. Felony Indictments /Convictions: Provide a statement relative to whether any of the principals referred to above have ever been indicted for, or convicted of, a felony. SMCRA PAGE 10 -1 ,j . 4. Litigation History: List any outstanding litigation matter in the past five (5) years involving projects similar in nature. 5. Previous Relevant Experience: Provide information on projects which may be relevant to this redevelopment effort. (C) A description of the organization's infill housing approach, including: 1. A sample budget for a typical infill house proposed under this program; 2. Typical site acquisition and procedures; 3. Sample floor plans and elevation drawings; and 4. Typical construction schedule. (D) A narrative description of how the organization proposes to, give first opportunity for homes built under this program for redevelopment area residents. (E) Additional Considerations: Identify any additional or unique resources, capabilities or assets which the proposer would bring to this project. (F) An acknowledgement letter signed by an authorized representative as specified in this document. Proposals will consist of sixteen (16) complete copies of the required information, one (1) of which shall be unbound and fifteen (15) of which shall be bound, and any additional supporting materials. All proposals will be presented as 8 Y2 inch x 11 inch documents. The information will be tabbed according to each requested section. Number each side of each page consecutively including,the letter of transmittal, licenses, resumes, supplemental information, etc. Proposal must be limited to fifty (50) pages. Covers, the detailed table of contents (which shall include a list of exhibits, figures, tables, illustrations, etc.), and the divider tabs will not count as pages, provided no additional information is included on those pages. Work product samples (reports, schedules, etc., provided in response) will not be counted in the fifty (50) page proposal SMCRA PAGE 10 -2 limit. Please package the work product samples separately from the proposal, labeling each sample clearly. If proposers are submitting as a joint venture, the information requested shall be submitted for all firms. l SMCRA PAGE 10 -3 SECTION 11 SELECTION PROCESS Each proposal will be evaluated individually by the CRA staff and consultant. This shall be done in the context of all other proposals. Proposals must be fully responsive to the requirements described in this offering document and to any subsequent requests for clarification or additional information made by the SMCRA through written addenda. A recommendation to the CRA Advisory Board and ultimately the CRA Board of Commissioners will be based upon careful evaluation of the proposals including: (A) the demonstrated capabilities of the proposed redevelopment team assembled; (B) the redeveloper's ability to meet or exceed the threshold qualifications established in the RFP &Q; (C) compatibility of proposed housing stock with the existing neighborhood; (D) the level of commitment of other financial resources that the organization will bring to the SMCRA Infill Housing Program; (E) the extent to which the proposal conforms to the SMCRA Redevelopment Plan and affordable housing policies of the South Miami. Comprehensive Plan; (F) outreach strategy to redevelopment area residents for housing opportunities; and (G) the extent to which the proposal conforms to the City of South Miami Comprehensive Plan, Hometown Too Plan and all applicable building codes (City, County and State). After a professional evaluation has been completed, a recommendation and presentation shall be made to the SMCRA Board of Commissioners at a publicly noticed meeting. Each redevelopment organization which submitted a qualified SMCRA PAGE 11 -1 proposal for this project shall be given the opportunity to make a 30- minute presentation to the Board at this same, meeting. The SMCRA Board of Commissioner shall then select the organizations which shall participate in the redevelopment program and receive $10,000 in tax increment funds on a house -by -house basis. At this point, .the CRA Executive Director, CRA Director, Consultant and General Counsel shall begin contract negotiations to determine the final structuring of the public /private partnership agreement. Once a final agreement is reached, it shall be presented to the SMCRA Board of Commissioners for final approval, approval with modifications or rejection. P SECTION 12 ADDITIONAL INFORMATION All questions or request for additional information must be submitted in writing no later than five (5) days prior to the Pre - Proposal Conference and must be addressed to: Gregory J. Oravec, Interim CRA Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 All questions or request for additional information which are deemed appropriate by the CRA will be answered in writing and will be forwarded to all proposers within two weeks after the Pre - Proposal Conference. Where provided, such written response may, at the CRA's option, constitute a written addendum to this RFP &Q. Neither the SMCRA, nor the City or their advisors, will be responsible for any explanation, clarification or interpretation of this RFP &Q not issued in writing by the CRA. SMCRA PAGE 12 -1 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson and CRA Board From: Gregory J. Oravec Assistant to the City Ma ager Date: June 1, 2000 Subject: Meeting 6/05/00 -Item 9g Multifamily Rehab Draft Grant Agreement The CRA Board authorized the Multifamily Rehabilitation Program earlier this year. CRA staff is currently finalizing the application packet which will implement the program and expects the program to be on -line by Monday, June 12` ". Staff would like to streamline the application . process by having the boilerplate grant agreement on -line as well. RECOMMENDATION Your approval is recommended. MULTIFAMILY REHABILITATION PROGRAM PROJECT TITLE Multifamily Rehabilitation Program FUNDING SOURCE Line Item Bl # 5, Multifamily Unit Rehabilitation APPROPRIATION $84,000 AMOUNT POWERS AS STATED IN Page 34, 11 A PLAN AND PROGRAM DESCRIPTION GOAL To provide direct financial assistance to selected applicants for major rehabilitation of multifamily residential units within the CRA area. South Miami Community Redevelopment Agency page r PROJECT DESCRIPTION I (a) SMCRA will provide matching grants of up to $1,500 per unit in a multifamily building. This will provide for a total amount of $3,000 in rehabilitation per unit with the owner match. (b) There shall be no cap on the number of units that may be funded for rehab under this program. (c) No multifamily residential property may receive more than one funding allocation per annual cycle. (d) All property owners who receive funding under this program shall commit legally to refrain from evicting any tenant who is compliance with their lease for a one -year period from the date of execution of a SMCRA grant award contract. (e) All property owners who receive funding under this program shall commit legally to refrain from raising the rent of any tenant who is compliance with their lease for a one-year period from the date of execution of a SMCRA grant award contract. South Miami Community Redevelopment Agency page 2 APPLICATION PROCESS I (a) The SMCRA Executive Director shall provide public notice and advertisement of the 1999 -2000 funding cycle through the local newspaper, City access Cable channel, CAA Board and other community groups. (b) Interested applicants shall complete an approximate two -page application which shall be signed by the legal property owner. (c) This application shall also include a contractor's estimate of the work to be done. All applicants will be encouraged to utilize local labor and will be provided with a listing of local businesses that may be qualified to complete the work. (d) The Executive Director shall arrange for each application to be heard by the CRA Advisory Board at a regularly scheduled meeting. The applicant shall be afforded the opportunity to make a brief presentation and answer questions from the Advisory Board members. (e) Those applications selected for funding recommendations by the Advisory Board shall be sent forward to the SMCRA Board of Commissioners for final decision. South Mlaml Community Redevelopment Agency page 3 I (f) The SMCRA Executive Director shall withhold the agency's payment until the rehabilitation project is completed and approved by the City building official. At this juncture, the Executive Director shall request issuance of a check by the SMCRA Board. South Mlaml Community Redevelopment Agency page 4 DRAFT - 5l30 100 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY GRANT PROGRAM AGREEMENT FOR MULTIFAMILY REHABILITATION THIS GRANT AGREEMENT is entered into this day of , 2000, between the SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (Agency), and (Grantee), (the Parties). WITNESSETH: WHEREAS, the Agency has budgeted funds to -provide grants benefiting applicants who rehabilitate multifamily property in the Agency's redevelopment area; and WHEREAS, the Grantee will perform the services required under the Agency's program. NOW, THEREFORE, the Parties agree as follows: ARTICLE I SCOPE OF SERVICES The Grantee shall provide the rehabilitation of multifamily property as shall be approved by the City of South Miami's building official, and as attached.in the Scope of Services labeled Exhibit 111." ARTICLE II CONDITION OF SERVICES The Grantee agrees to the following: a) The rehabilitation shall benefit very low, low, or moderate income City of South Miami residents. b) Maintain records including, but not be limited to, the following: 1. Tenant profiles identifying household income, head of household, ethnicity, race and gender; 2. An outreach plan which insures equitable participation by all eligible Agency residents. c) Maintain a citizen participation mechanism, which will include, but not be limited to the following: 1. Logging of citizen comments or complaints when received, pertaining specifically to services provided under this Agreement; 2. Copies of comments and/or complaints received in writing referenced in 1 above, and all responses. d) The Grantee shall not, for a period of one year from this agreement, evict or raise the rent of any tenant who is in compliance with all lease provisions. ARTICLE III TERM OF AGREEMENT This Agreement shall be deemed effective upon execution by both parties, and shall terminate on ARTICLE.IV AMOUNT OF GRANT The Ageny shall award the Grantee the amount of $ ARTICLE V DEFAULT For purposes of this Agreement (and the documents referenced or incorporated), a default shall include without limitation the following acts or events of the Grantee, its 'agents and employees, as applicable and as further detailed below: (1) Failure to comply with applicable federal, state and local regulations and laws. (2) Breach regarding any of the terms and conditions of this Agreement. In the event of a breach, the Agency shall receive back the Grant amount and may exercise any and all rights including the rights to bring any and all legal and/or equitable actions in Miami -Dade County, Florida, in order to enforce the Agency's right and remedies against the Grantee. The Agency shall be entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and appellate levels, to the extent allowed by law. 2 ARTICLE VI AMENDMENTS Any alterations, variations, modifications or waivers I or provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both' parties, and attached to the original of this Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. No other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties. ARTICLE VII METHOD OF PAYMENT Upon execution of this Agreement, the Agency shall make a payment to the Grantee based on actual expenditures with supportive documentation in accordance with the program budget and implementation. The maximum amount payable under this contract shall not exceed It is expressly understood and agreed that in the event of curtailment or non - availability of Grant funds, this Agreement will terminate effective as of the time that it is determined by the Agency that funds are no longer available. In the event of such determination, the Grantee agrees that it will not look to nor seek to hold liable the Agency for the performance of this Agreement and the Parties shall be released from further liability each to the other under the terms of this Agreement. ARTICLE VIII INDEMNIFICATION The Grantee shall defend, indemnify, and hold harmless the Agency, its officers, employees and agents, against any claims, suits, actions, damages, proceedings, liabilities and costs (including attorney's fees) arising from or in connection with this Agreement or any contracts the Grantee may enter into with third parties pursuant to this Agreement. The Grantee shall pay all claims and losses of any nature, and shall defend all suits, on behalf of the Agency, its officers, employees or agents when applicable and shall pay all costs and judgments which may issue. ARTICLE IX AUDIT AND INSPECTIONS At any time during normal business hours and as often as the Agency may deem necessary, there shall be made available to the Agency the right to audit and examine all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to matters covered by this Agreement. It is further understood that all records and supporting documents pertaining to, this Agreement shall be kept for a minimum period of three (3) years from the date of expiration of this Agreement and shall be to the extent required by law, public records available for inspection and copying. If any litigation, claim, negotiation, audit or other action involving the records has been started before the. expiration of the three year period, the records must be retained until completion of the. action and resolution of all issues which arise. If during the course of an audit, the Agency determines, that any payments made to the Grantee do not constitute an allowable expenditure, the Agency will have the right to deduct/reduce those amounts from their related invoices. The Grantee must maintain records necessary to document compliance with the provisions of the Agreement. ARTICLE X NOTICES It is understood and agreed between the parties that all notices which may arise in connection with this Agreement shall be considered sufficient when made in writing and mailed or delivered to the appropriate address: If to the Agency: IS outh Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, FL 33143 Attn: Executive Director Grantee: ARTICLE XI SUBCONTRACTS The Grantee agrees that,no assignment or subcontract will be made in connection with this Agreement without the express written consent of the Agency. ARTICLE XII SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not .be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 4 below: ARTICLE XIII INSURANCE The Grantee shall maintain during the term of this Agreement,. the insurance specified a) Workmen's Compensation Insurance as required by chapter 440, Florida Statutes. b) Comprehensive General Liability Insurance in an amount not less than $500,00 combined single limit for bodily injury and property damage. c) Automobile Liability Insurance covering all owned, non -owned and. hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit for bodily injury and property damage. The Comprehensive General Liability Insurance coverage as required in paragraph (b) above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Grantee in the performance of this Agreement. All insurance policies required above. shall be issued :by companies authorized to do business under the laws of the State of Florida and ,executed:by duly licensed agents upon whom service of process may be made in Miami -Dade County,., Florida. All' policies shall have a general policy holders rating of "A" or better and a financial rating no less than "X" as reported by Best's Key Rating Guide, published by A. M. Best company, latest edition. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under this section or any other section of this Agreement. ARTICLE XIV PROJECT PUBLICITY The Grantee agrees that any news release or other type of publicity pertaining to the Program must recognize the Agency' as the entity which provided funds for the project. . ARTICLE XV LIMITATION OF LIABILITY The Agencyy desires to enter into this Agreement only if in so doing the Agency can place a limit on the Agency's liability for any cause of action arising out of this Agreement, so that its liability is limited to a maximum of $ Accordingly, and notwithstanding any other term or condition of this Agreement, the Grantee agrees that the Agency shall not be liable to the Grantee for damages in an amount in excess. of $ for any claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this s Agreement is in any way intended to be a waiver of the limitation placed upon the Agency's liability as set forth in Section 768.28; Florida Statutes. IN WITNESS WHEREOF, the parties have executed this Agreement by their respective proper officers duly authorized the day and year first above written. ATTEST GRANTEE Corporate Secretary ATTEST Secretary APPROVED AS TO FORM General Counsel 6 By: President By: Executive Director SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY By: Executive Director