Legislative Matter

Miami-Dade Legislative Item
File Number: 161731

Printable PDF Format

Clerk's Official Copy

File Number: 161731

File Type: Resolution

Status: Before the Board

Version: 0

Reference: R-739-16

Control: County Commission

File Name: INTERLOCAL AGREEMENT BETWEEN VILLAGE OF PALMETTO BAY

Introduced: 7/18/2016

Requester: Regulatory and Economic Resources

Cost:

Final Action: 7/19/2016

Agenda Date: 7/19/2016

Agenda Item Number: 14A17

Notes:

Title:

RESOLUTION WAIVING ADMINISTRATIVE RULES’ ELIGIBILITY REQUIREMENTS FOR APPLICANTS OF PROJECT 124 FUNDS; APPROVING INTERLOCAL AGREEMENT, AS AMENDED IN THE MANNER SET FORTH IN THIS RESOLUTION, BETWEEN VILLAGE OF PALMETTO BAY AND MIAMI-DADE COUNTY RELATING TO GRANT IN AMOUNT OF $7,500,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT 124 ECONOMIC DEVELOPMENT FUND; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE AND DELIVER AMENDED INTERLOCAL AGREEMENT ON BEHALF OF COUNTY, SUBJECT TO SUCCESSFUL NEGOTIATION OF SUCH AMENDMENT; AND WAIVING REQUIREMENTS OF RESOLUTION NO. R-130-06 [SEE ORIGINAL ITEM UNDER FILE NO. 161550]

Indexes:

INTERLOCAL AGREEMENT

Sponsors:	Daniella Levine Cava, Prime Sponsor
	Dennis C. Moss, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	7/19/2016	14A17	Adopted				P

Office of the Chairperson	7/18/2016		Additions

County Attorney	7/18/2016		Assigned	Juliette Antoine	7/18/2016

Office of Agenda Coordination	7/18/2016		Assigned	County Attorney	9/7/2016
REPORT:	RER - Amended version to leg file no. 161550 - Note by Administration: What changes as a result of the amendment is the memorandum, resolution, and Attachment A (Agreement). The Agreement also has its own attachments. Those do not change and I did not reattach in the PDF to avoid confusion. Therefore, use the same documents labeled “Exhibit A to Interlocal Agreement” and “Attachment 1 to Interlocal Agreement” should be placed behind the new item.

Jack Osterholt	7/18/2016		Assigned	Office of Agenda Coordination	7/18/2016	7/18/2016

Economic Prosperity Committee	7/14/2016	3D Amended	Forwarded to the BCC by the BCC Chairperson with favorable recommendation with committee amendments				P
REPORT:	Mr. Edward Silva, Village Manager, Village of Palmetto Bay, 9705 E. Hibiscus Street, appeared in support of the foregoing proposed resolution. He said the Village was on the verge of transforming Downtown Palmetto Bay and the entire South Dade region; and noted the Palmetto Bay Council recently approved its first two Downtown projects, representing slightly less than $100 million in investments. Mr. Silva also noted four other projects were in the pipeline, along with the future multimodal center. He presented a rendering of the proposed project, which consisted of transforming Franjo Road into the Village’s future Downtown Main Street, and noted this was a crucial component of the Downtown Initiative that would spur much needed economic development for the U.S. 1 Commercial Corridor, and the neighboring commercial sectors. Mr. Silva thanked the Commissioners for their support on behalf of the Village, particularly, Commissioners Moss, Levine Cava and Chairman Suarez; and also thanked the Metropolitan Planning Organization and the Miami-Dade Transit Department. Commissioner Levine Cava thanked Mr. Silva and the Village Mayor for bringing the proposed project to fruition. She also thanked Commissioner Moss for co-sponsoring the proposed resolution. Commissioner Levine Cava said the proposed development demonstrated the perfect example of smart growth, and would be a key part of building greater intensity, and mixed-use necessary for the Downtown District. Commissioner Sosa referred to a memorandum from the Inspector General (IG) which recommended the Office of Management and Budget (OMB) require that pay requisitions include documentary evidence demonstrating the actual expenditure of funds, for example, canceled checks to the contractor performing the construction work, prior to the release of concurrent grant funds. She noted the IG also recommended that a similar municipal entity exemption waiver be expressly stated in this item; and that a retroactive waiver shall be made for the City of Miami Flagler Street grant. Commissioner Sosa asked whether Commissioner Levine Cava, sponsor, would accept an amendment for the IG’s recommendations to be included in the proposed resolution. Ms. Mary Cagle, Inspector General, commented further on the memorandum referenced by Commissioner Sosa. Commissioner Levine Cava said she would accept Commissioner Sosa’s proposed amendment; however, she asked whether the IG’s recommendations were already included in the foregoing proposed resolution. In response to Commissioner Levine Cava, Assistant County Attorney Michael Mastrucci advised this would be an amendment to implement the IG’s recommendations. It was moved by Commissioner Levine Cava that the IG’s two recommendations be included in the foregoing proposed resolution. This motion was seconded by Commissioner Moss. In response to Commissioner Moss’ inquiry, Ms. Cagle commented on the recommendations. She noted actual documentation was needed and the recommendation required OMB to ensure it had proof of the expenditures, for example, canceled checks or other forms of payment to the contractor performing the construction work. Commissioner Sosa asked the County Attorneys to prepare legislation under her sponsorship to require that proof be provided of General Obligation Bond (GOB) grant expenditures, for example, canceled checks or other forms of payment to the contractor performing construction work, prior to the release of concurrent grant funds. Ms. Cagle said the memorandum included a third recommendation relating to certification of the job numbers; and the grantee or the grantee’s tenant, with whom the County did not have contractual relations with, had to certify the job numbers. She noted this was a requirement in the Building Better Communities GOB (BBC-GOB) Project No. 124. Ms. Cagle opined that the grantee should have some responsibility for certifying the job numbers; and should be required to perform due diligence to ensure the numbers being submitted were real. Commissioner Sosa requested the third recommendation be included in the foregoing proposed resolution. She noted she would be working on proposed legislation to ensure certification of the job numbers was provided. Ms. Cagle said the job requirements did not apply to the proposed resolution, but applied to Item 3E. Commissioner Levine Cava thanked Ms. Cagle for her participation and assistance. She noted she believed the same principles regarding the certification applied to other County contracts. Commissioner Moss congratulated the Village Manager, the Mayor, and the Village of Palmetto Bay; as well as Commissioner Levine Cava for spearheading the proposed project. He commented on the transformation of Old Cutler Road, and opined a similar transformation would occur with Palmetto Bay. Commissioner Levine Cava suggested the foregoing proposed resolution be amended to include the IG’s recommendations. Assistant County Attorney Terrence Smith advised the Committee was amending Items 3D and 3E to incorporate the IG’s suggested changes. Later in the meeting, Chairman Suarez recognized Mayor Eugene Flinn, Village of Palmetto Bay. There being no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as amended. Commissioner Levine Cava requested the foregoing proposed resolution be waived to the July 19, 2016 Board of County Commissioners meeting. Assistant County Attorney Smith advised the requested waiver was subject to Board of County Commissioners Chairman Monestime’s approval. Chairman Suarez requested that staff prepare the appropriate memorandum asking Board of County Commissioners Chairman Monestime to waive the Board’s Rules of Procedure and allow the foregoing proposed resolution to be forwarded to the July 19, 2016 BCC meeting for consideration. (NOTE: See report under Agenda Item 3A, Legislative File No. 161471)

Legislative Text

TITLE
RESOLUTION WAIVING ADMINISTRATIVE RULES� ELIGIBILITY REQUIREMENTS FOR APPLICANTS OF PROJECT 124 FUNDS; APPROVING INTERLOCAL AGREEMENT, AS AMENDED IN THE MANNER SET FORTH IN THIS RESOLUTION, BETWEEN VILLAGE OF PALMETTO BAY AND MIAMI-DADE COUNTY RELATING TO GRANT IN AMOUNT OF $7,500,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT 124 ECONOMIC DEVELOPMENT FUND; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AND DELIVER AMENDED INTERLOCAL AGREEMENT ON BEHALF OF COUNTY, SUBJECT TO SUCCESSFUL NEGOTIATION OF SUCH AMENDMENT; AND WAIVING REQUIREMENTS OF RESOLUTION NO. R-130-06

BODY
WHEREAS, pursuant to Resolution No. R-334-15 adopted on April 21, 2015 (the "Allocation Resolution"), this Board approved an allocation to Village of Palmetto Bay (Grantee) in the amount of $7,500,000.00 from Project No. 124 - "Economic Development Fund� (�Project 124�) of the Building Better Communities General Obligation Bond Program ("Bond Program"), subject to the approval by this Board of an interlocal agreement between the County and the Grantee, for the partial funding of certain public infrastructure improvements related to the completion of the Downtown Palmetto Bay Development Project (the �Project�) as more particularly described in Section 2 of the Interlocal Agreement attached hereto as Attachment A; and

WHEREAS, this Board wishes to approve a grant to the Grantee in the amount of $7,500,000.00 from Project 124 funds (�Grant�) and to enter into the attached Interlocal Agreement with the Grantee for the funding of public infrastructure costs for the Project in accordance with the administrative rules of the Bond Program (the �Administrative Rules�); and

WHEREAS, the Village Council has approved the Interlocal Agreement; and

WHEREAS, it is the best interest of the County and its citizens to enter into the Interlocal Agreement since the Project will be a catalyst for economic development and job creation as more fully described in the Interlocal Agreement; and

>>WHEREAS, on July 13, 2016, the Miami-Dade County Office of the Inspector General (OIG) submitted a memorandum to the County Mayor and this Board in which the OIG made several observations, comments and recommendations with respect to the Grant and the Interlocal Agreement; and

WHEREAS, specifically, the OIG recommended that this Board waive the eligibility requirements for applicants of Project 124 funds, as set forth in the Administrative Rules and as amended by Resolution No. R-668-10, to allow the Village of Palmetto Bay to be an eligible applicant for Project 124 funds and a recipient of the Grant; and

WHEREAS, the OIG also recommended that the Interlocal Agreement be amended to require that pay requisitions submitted by the Grantee include documentary evidence demonstrating the actual expenditure of funds (e.g. cancelled checks or other forms of payment to the contractor performing construction work) prior to the County�s release of concurrent Grant funds; and

WHEREAS, this Board wishes to adopt and incorporate the above-mentioned recommendations by the OIG in this Resolution and in the Interlocal Agreement; and<<

WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated in this resolution by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA that >>:<<

>>Section 1. This Board waives the eligibility requirements for applicants of Project 124 funds as set forth in the Administrative Rules to allow the Village of Palmetto Bay to be an eligible applicant for Project 124 funds and a recipient of the Grant.<<

>>Section 2.<< [[the]] >>The<< Grantee is approved as a recipient of the Grant>>.<<

>>Section 3.<< [[,the]] >>The<< Interlocal Agreement >>, as amended in the manner set forth in this Resolution,<< is approved in substantially the form attached to this Resolution as Exhibit A>>.<<

>>Section 4.<< [[and the]] >>The<< County Mayor or his designee is authorized to execute and deliver the >>amended<< Interlocal Agreement on behalf of the County.

>>Section 5. All authorizations and approvals provided in this Resolution are subject to the successful negotiation of the aforementioned amendment into the Interlocal Agreement and are not effective until an amended Interlocal Agreement is completed and submitted to the Clerk of the Board for inclusion in the record.

Section 6. This Board waives the requirements of Resolution No. R-130-06, which requires that all contracts must be fully negotiated and executed by a non-County party.<<

HEADER
Date:

To: Honorable Chairman Jean Monestime
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Approving Interlocal Agreement with the Village of Palmetto Bay and
Authorizing its Execution for a Building Better Communities General Obligation Bond
Economic Development Fund Grant for Downtown Palmetto Bay Development Project

STAFF RECOMMENDATION
This item was amended at the July 14, 2016 Economic Prosperity Committee meeting to adopt and incorporate recommendations from the Office of the Inspector General related to: 1) waiving the eligibility requirements for applicants of Project 124 funds, as set forth in the Administrative Rules and as amended by Resolution No. R-668-10, to allow the Village of Palmetto Bay to be an eligible applicant, and 2) requiring that pay requisitions include documentary evidence demonstrating the actual expenditure of funds prior to release of concurrent grant funds.

Recommendation
Attached for consideration by the Board of County Commissioners (Board) is a resolution that approves an Interlocal Agreement (Interlocal) with the Village of Palmetto Bay, Florida (Village), which is associated with a previously approved allocation by this Board in the amount of $7.5 million from Building Better Communities General Obligation Bond (BBC-GOB) Program Project No. 124 Economic Development Fund (Project No. 124) for Downtown Palmetto Bay Development (GOB Project). The attached resolution also authorizes the County Mayor or County Mayor�s designee to execute the Interlocal Agreement on behalf of the County if approved by the Board.

It is recommended that the Board approve the Interlocal between the Village and the County. Approval of the Interlocal will fund certain public infrastructure improvements (described in Exhibit A to the Interlocal) in connection with the revitalization of its Downtown District in the southwestern area of the Village (Development). Phase I of the Development is the Downtown Streetscape Project, which involves the transformation of Franjo Road into a pedestrian-friendly street, and the construction of new lateral roads. Phase II is the Transit Station that involves the construction of a transit station with ground retail and upper level parking.

The total anticipated cost of the public infrastructure improvements under Phase I is projected at $12.44 million. The Village will be responsible for the remaining $4.94 million. Pursuant to the Interlocal, all reimbursements to the Village shall be in accordance with the BBC-GOB Program Administrative Rules (Administrative Rules).

It is also recommended that the Board waive the eligibility requirements for applicants of Project 124 funds, as set forth in the Administrative Rules and as amended by Resolution No. R-668-10, to allow the Village to be an eligible applicant for Project 124 funds so that the Village can receive the funds to proceed with the GOB Project. Lastly, it is recommended that the Board waive the requirements of Resolution No. R-130-06, which requires that all contracts must be fully negotiated and executed by a non-County party, because the Village needs to reapprove the amended Agreement.

Scope
The GOB Project shall conduct Phase I along Franjo Road and an ancillary street from SW 184 Street to US 1 and Phase II along Franjo Road and Hibiscus Street, which is located in County Commission District 8 and represented by Commissioner Daniella Levine Cava.

Although economic development opportunities and job creation are expected to accrue primarily in County Commission District 8, the overall impact of renewed economic activity and additional jobs that will result from the Development are expected to be countywide.

Fiscal Impact/Funding Source
The Interlocal provides that $7.5 million from the BBC-GOB Project No. 124 shall be made available to the Village on a reimbursable basis for costs related to the GOB Project. The funding source for the Interlocal is BBC-GOB Program bond proceeds.

The County anticipates reimbursement funding under the Interlocal to be made available in fiscal year 2017-2018. The Interlocal will partially offset the cost of roadway improvements, new drainage, underground utilities, expanded sidewalks, pavers, traffic circles, lighting, landscaping, new lateral roads and construction of parking garage and amenities of eligible infrastructure.

Track Record/Monitor
Leland Salomon, Deputy Director of the Department of Regulatory and Economic Resources will be responsible for monitoring the Agreement.

Background
Pursuant to Resolution No. R-334-15 adopted on April 21, 2015, the Board approved a $7.5 million allocation from BBC-GOB Program Project No. 124 for the GOB Project and directed the County Mayor or County Mayor�s designee to begin negotiating the terms of an interlocal agreement.

The Interlocal before the Board adequately addresses each of the applicable requirements in the Administrative Rules as amended by Resolution No. R-668-10 adopted on June 15, 2010, with the exception of the requirement that the grant be in an amount between $10 million and $15 million, which the Board waived through the resolution authorizing the allocation (Resolution No. R-334-15).

Furthermore, the Interlocal requires the Village to provide evidence that the Village funded an amount of capital cost from Village funds equal to 39.71 percent of the invoice amount being submitted to the County for reimbursement. The Village shall also be responsible for the management of the Project. It is anticipated that the Village will be reimbursed for eligible costs over a period of 18 months, which will satisfy the Federal reimbursement requirements as well as the County�s policy that reimbursements be disbursed over a period that is no more than five (5) years.

Attachment

_______________________________
Jack Osterholt
Deputy Mayor