Meeting_Body
PLANNING AND PROGRAMMING COMMITTEE
JUNE 20, 2024
Subject
SUBJECT: JOINT DEVELOPMENT POLICY AND EXCLUSIVE NEGOTIATION AGREEMENT
Action
ACTION: APPROVE RECOMMENDATIONS
Heading
RECOMMENDATION
Title
APPROVE the:
A. Amended Joint Development Policy (Attachment A); and
B. Amended Exclusive Negotiations Agreement (ENA) Key Terms (Attachment B) for 10K Sites.
Issue
ISSUE
In March 2024, the Board approved the ENA Key Terms with the following amendments:
* Report back on the ENA template to clearly communicate participation with community-based organizations (CBOs), allowing for community-based development organizations (CBDOs) to work directly with Metro as the prime or sub-prime contractor. This would allow for CBO/CBDO participation, not exclusive of the Joint Development Bench. Include engagement with general contractors and subcontractors for the inclusion of Small Business Enterprise, Disadvantaged Business Enterprise, Disabled Veterans Business Enterprise, and Minority and Women Business Enterprise1; and
* Directed the CEO to improve the contract language for RFPs and to work with cities to help streamline the entitlement process and work with the developers to streamline the capital stack.
Staff is seeking Board approval of an Amended Joint Development (JD) Policy and Amended ENA Key Terms (Attachment A and B) to incorporate the Board approved amendments.
Background
BACKGROUND
Joint Development (JD) Policy
In June 2021, the Board adopted an updated JD Policy. The JD Policy states, "Metro will require, wherever feasible, that developers collaborate with local Community-Based Organizations (CBOs), both formally as development partners or informally as community partners providing independent community-level input on the project scope, design and program." The JD Policy also states, "Development teams shall provide opportunities for Metro-certified Small Business Enterprises (SBE), Disadvantaged Business Enterprises (DBE), an...
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