HomeMy WebLinkAboutMay 13, 2009 Council Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: May 13, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: May 27, 2009
Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 5:00 p.m. Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Aaron Campbell Jr. Councilman André
Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta
Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of
$250.00. 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, legislative, quasi-judicial and administrative action. All not-for-profit organizations,
local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B)
INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – April 8, 2009 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from
Consent Agenda at this time) May 13, 2009 Page 1 Page 1 of 324
Regular City Council Agenda May 13, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilwoman Sharon Pritchett -Caribbean Affairs Advisory Committee – Oscar Braynon Sr.
and Dr. Larry Capp F-2) Councilwoman Sharon Pritchett -Barry University Nursing Students F-3) City Manager Crew -Five Years of Service Presentation – Charisse Moore F-4) Chief Matthew
Boyd -City of Miami Gardens Police Department Monthly Report F-5) Vice Mayor Watson – Glen Joseph re: WorldCare F-6) Proclamation – Proclaiming Public Works Week (G) PUBLIC COMMENTS
(H) ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI GARDENS CARIBBEAN AFFAIRS COMMITTEE; PROVIDING
FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES AND POWERS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI GARDENS DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING
FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) (I) ORDINANCE(S) FOR FIRST READING/PUBLIC HEARING I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 2 “PERMITTED, CONDITIONAL AND PROHIBITED USES OF THE CITY’S TOWN CENTER ZONING CODE TO CLARIFY Page 2 of 324
Regular City Council Agenda May 13, 2009 Page 3 THAT IF USES ARE NOT SPECIFICALLY PERMITTED IN THE TOWN CENTER ZONING DISTRICT, SAID USES SHALL BE DEEMED PROHIBITED; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) (J) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (K) CONSENT AGENDA K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
FOR PARTICIPATION IN A JOINT TASK FORCE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES MARSHALS SERVICE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE FLORIDA LEAGUE OF CITIES, INC., FOR THE
INVESTIGATION AND COLLECTION OF PAST DUE BUSINESS LICENSE TAXES FROM INSURANCE COMPANIES DOING BUSINESS WITHIN THE CITY OF MIAMI GARDENS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT
A; Page 3 of 324
Regular City Council Agenda May 13, 2009 Page 4 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
AGREEMENT FOR PLANNING SERVICES WITH THE MELLGREN PLANNING GROUP, INC., LOCATED IN FORT LAUDERDALE, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE CHILDREN’S TRUST TO RECEIVE FUNDING IN THE AMOUNT OF FIVE HUNDRED SIXTY-ONE THOUSAND, SIX
HUNDRED DOLLARS ($561,600.00) TO ASSIST THE MIAMI GARDENS/OPA-LOCKA VIOLENCE PREVENTION COALITION; AUTHORIZING THE CITY MANAGER TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH COMMUNITY
GROUPS ENGAGED IN ACTIVITIES CONSISTENT WITH THE COALITION’S MISSIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER K-6)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH FRONT
ROW MARKETING SERVICES, L.P., IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS ($65,000.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 4 of 324
Regular City Council Agenda May 13, 2009 Page 5 K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM OF UNDERSTANDING WITH THE IMMIGRATION AND CUSTOMS ENFORCEMENT, SAC MIAMI OFFICE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; AUTHORIZING
THE CITY MANAGER TO ENTER INTO SIMILAR MEMORANDUMS OF UNDERSTANDING WHICH MAY BE REQUIRED WHEN THE POLICE DEPARTMENT PARTICIPATES IN OTHER TASK FORCES; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION,
FLORIDA’S TURNPIKE ENTERPRISE FOR BRIDGE PAINTING AND LANDSCAPING ALONG THE EXTERIOR WALL OF THE SOUTH SIDE OF THE GOLDEN GLADES TURNPIKE PLAZA, A COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-9) A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH AIP-US LLC FOR
NETWORK SECURITY SOLUTIONS AND SERVICES IN THE AMOUNT OF FIFTY THOUSAND, FIVE HUNDRED FIFTY-ONE DOLLARS ($50,551.00) AT A ONE YEAR RENEWABLE RATE OF FIFTY-TWO THOUSAND, FIVE HUNDRED
SEVENTY-THREE DOLLARS ($52,573.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING GOALS OF THE Page 5 of 324
Regular City Council Agenda May 13, 2009 Page 6 GOLD COAST CLEAN CITIES COALITION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER) K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO BLISS PRODUCTS AND SERVICES, INC., IN
THE AMOUNT OF ONE HUNDRED NINETY-NINE THOUSAND, NINE HUNDRED FORTY-SEVEN DOLLARS ($199,947.00) FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AND POURED IN PLACE SURFACING AT BRENTWOOD PARK
BY RELYING UPON THAT CERTAIN CLAY COUNTY BID #08/09-3; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, IMPLEMENTING A TIPS PROGRAM IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN
ANDRÉ WILLIAMS) K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE CITY OF MIAMI GARDENS OUR HOMES, OUR STREETS AND OUR COMMUNITY INITIATIVE
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED AGREEMENTS AND TAKE ALL NECESSARY STEPS IN ORDER TO IMPLEMENT THE INITIATIVE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) (L) RESOLUTION(S) L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROVIDING
A SPONSORSHIP IN THE AMOUNT OF $5,000.00 TO WORLDCARE, INC., IN SUPPORT OF A CELEBRITY GOLF TOURNAMENT & BANQUET; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. (SPONSORED BY VICE MAYOR BARBARA WATSON) Page 6 of 324
Regular City Council Agenda May 13, 2009 Page 7 (M) RESOLUTION(S)/PUBLIC HEARING(S) M-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A SUBSTANTIAL
AMENDMENT TO THE THIRD PROGRAM YEAR ANNUAL ACTION PLAN ATTACHED HERETO AS EXHIBIT A, IN ORDER TO ALLOCATE THE ADDITIONAL FUNDS TO BE RECEIVED BY THE CITY BECAUSE OF THE HOMELESSNESS
PREVENTION FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) (N) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK N-1)
City of Miami Gardens – America Recovery and Reinvestment Act Activities (O) REPORTS OF MAYOR AND COUNCIL MEMBERS (P) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM
THE PUBLIC (Q) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING
BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE
WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT
www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSE, 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. Page 7 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No
RFP/RFQ/Bid #: X N/A Sponsor Name Councilwoman Sharon Pritchett Department: Mayor/Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING
THE CITY OF MIAMI GARDENS CARIBBEAN AFFAIRS COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES AND POWERS; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The
City of Miami Gardens is a municipality with a large community of residents that represent the nations of the African Diaspora, especially the countries of the Caribbean. In an effort
to preserve and enhance the Caribbean culture within the city, and to promote greater appreciation and awareness if the Caribbean culture amongst the population of the city. Councilwoman
Sharon Pritchett is proposing the creation of the Caribbean Affairs Committee. The duties of the Committee are as follows: 1. To develop and adopt, by majority vote, Bylaws, which shall
be approved by the City Council; 2. To carry out the purposes of the Committee, as outlined in the Bylaws; 3. To keep the City Council informed of issues that affect the City’s Caribbean
community; 4. To preserve and enhance the Caribbean culture within the city, and to promote greater appreciation and awareness of the Caribbean culture amongst the population of the
City. ITEM H-1) ORDINANCE FIRST READING Caribbean Affairs Committee Page 8 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 5. To give advice to the City Council with respect to issues that affects the Caribbean community; 6. To recommend
to the City Council, social and cultural activities with a Caribbean focus and to assist with the implementation of those activities at the direction of the City Council; and 7. To associate
with other governmental or private entities that are involved in activities or programs geared towards highlighting the Caribbean. The board will consist of seven (7) members, each appointed
by a member of the City Council. In order that the terms of office of all members of the Committee shall not expire at the same time, the initial appointees of the Mayor and the Council
Members serving in at‐large seats, shall serve three (3) years terms. The appointees of the Council Members serving in seats 1, 2, 3, and 4, shall serve two (2) year terms. Thereafter,
all members shall serve for a period of three years, or until a successor is appointed, whichever occurs later. Proposed Action: Councilwoman Sharon Pritchett recommends the adoption
of the attached ordinance formally creating the Caribbean Affairs Committee Attachment: None Page 9 of 324
ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI GARDENS CARIBBEAN AFFAIRS COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING
FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES AND POWERS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, the City Council of the City of Miami gardens would like to create the Miami
Gardens Caribbean Affairs Committee, and WHEREAS, the mission of the Caribbean Affairs Committee would be to advise and make recommendations to the City Council on issues relating to
the Caribbean and persons of Caribbean descent, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS:
The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. CREATION OF ORDINANCE: The City
Council of the City of Miami Gardens hereby creates an Ordinance to be entitled the City of Miami Gardens Miami Gardens Caribbean Affairs Committee. 14 15 16 17 18 Miami Gardens Miami
Gardens Caribbean Affairs Committee. CREATED; COMPOSITION. There is hereby created a City of Miami Gardens Caribbean Affairs Committee. The Committee shall consist of seven (7) members.
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19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 (b) Appointment and terms of members. The Mayor and each member
of the City Council shall appoint one (1) member to the Committee. (c) Terms of office. In order that the terms of office of all members of the Committee shall not expire at the same
time, the initial appointees of the Mayor and the Council Members serving in at-large seats, shall serve three (3) years terms. The appointees of the Council Members serving in seats
1, 2, 3, and 4, shall serve two (2) year terms. Thereafter, all members shall serve for a period of three years, or until a successor is appointed, whichever occurs later. (d) Duties
and Powers of the Miami Gardens Miami Gardens Caribbean Affairs Committee. The powers and duties of the Committee shall include, but not be limited to, the following duties, functions,
powers and responsibilities: 1. To develop and adopt, by majority vote, Bylaws, which shall be approved by the City Council; 2. To carry out the purposes of the Committee, as outlined
in the Bylaws; 3. To keep the City Council informed of issues that affect the City’s Caribbean community; 4. To preserve and enhance the Caribbean culture within the city, and to promote
greater appreciation and awareness of the Caribbean culture amongst the population of the City. 5. To give advice to the City Council with respect to issues that affect the Caribbean
community; 6. To recommend to the City Council, social and cultural activities with a Caribbean focus and to assist with the implementation of those activities at the direction of the
City Council; (e) Meetings: Members of the Committee shall meet no less than eight (8) times per year. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed. SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct Page 11 of 324
59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 and independent provision and such holding shall not affect the validity of the remaining portions
of this Ordinance. SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter,"
"Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions
contemplated thereby shall not be codified. SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 13TH DAY
OF MAY 2009. PASSED ON SECOND READING ON THE ______ DAY OF ______________, 20____. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON
THE ______ DAY OF ______________, 20____. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Page 12
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88 89 90 91 92 93 94 95 96 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT MOVED BY:_____________________ VOTE: _____ 97 Mayor Shirley
Gibson (Yes) ___(No) 98 Vice Mayor Barbara Watson (Yes) ___(No) 99 Councilman Melvin L. Bratton (Yes) ___(No) 100 Councilman Aaron Campbell Jr. (Yes) ___(No) 101 Councilwoman Sharon
Pritchett (Yes) ___(No) 102 Councilman André Williams (Yes) ___(No) 103 Councilman Oliver Gilbert III (Yes) ___(No) 104 105 106 SKD/yt Page 13 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No
RFP/RFQ/Bid #: X N/A Sponsor Name Councilwoman Sharon Pritchett Department: Mayor/Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING
THE CITY OF MIAMI GARDENS DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff
Summary: The Dr. Martin Luther King, Jr. Holiday Steering Committee was originally established on February 11, 2004 by Resolution No. 2004‐29‐80. Since that time, the City Council has
established all other Advisory Boards and Commissions by ordinance. In an effort to ensure that the creation of the Dr. Martin Luther King, Jr. (MLK) Holiday Steering Committee is consistent
with the adoption of all other Advisory Board and Commissions that exist in the City, Councilwoman Sharon Pritchett is proposing the attached ordinance creating the MLK Holiday Steering
Committee, providing for the board’s composition, appointment of members, terms of office, and purpose. Proposed Action: Councilwoman Sharon Pritchett recommends the adoption of the
attached ordinance formally creating the Dr. Martin Luther King, Jr. Holiday Steering Committee. ITEM H-2) ORDINANCE FIRST READING MLK Holiday Steering Committee Page 14 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Attachment A: Resolution No. 2004‐78‐129 Attachment B: Resolution No. 2004‐29‐80 Page 15 of 324
ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI GARDENS DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE;
PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, the City Council created the Dr.
Martin Luther King, Jr., Holiday Steering Committee (“MLK Committee”) by virtue of resolution 2004-78-129, and WHEREAS, the City Council would like to codify the creation of the MLK
Committee, WHEREAS, the mission of the MLK Committee will be to organizing events for the MLK holiday celebration, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are are hereby ratified and confirmed as being true, and the same are hereby made
a specific part of this Ordinance. SECTION 2. CREATION OF ORDINANCE: The City Council of the City of Miami Gardens hereby creates an Ordinance to be entitled the City of Miami Gardens
Miami Gardens Dr. Martin Luther King, Jr. Holiday Steering Committee. 15 Miami Gardens Dr. Martin Luther King, Jr. Holiday Steering Committee. Page 16 of 324
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CREATED; COMPOSITION. There is hereby created a City of Miami Gardens Martin Luther King, Jr. Holiday
Steering Committee. The Committee shall consist of seven (7) members. (b) Appointment and terms of members. The Mayor and each member of the City Council shall appoint one (1) member
to the Committee. (c) Terms of office. The Committee shall continue in its current form and all future appointments shall be in accordance with Ordinance No. 2007-17-123. (d) Purpose
of the Committee. Upon adoption of a Resolution by the City Council approving MLK holiday events, the Committee shall be responsible for the coordination of the events. (e) All provisions
of Ordinance No. 2005-02-40, as amended, not in conflict herewith, shall apply to the MLK Committee. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby
repealed. SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article"
or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby
shall not be codified. Page 17 of 324
45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage.
PASSED ON FIRST READING ON THE 13TH DAY OF MAY 2009. PASSED ON SECOND READING ON THE ______ DAY OF ______________, 20____. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE ______ DAY OF ______________, 20____. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA
TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT MOVED BY:_____________________ VOTE: _____ 74 Mayor Shirley
Gibson (Yes) ___(No) 75 Vice Mayor Barbara Watson (Yes) ___(No) 76 Councilman Melvin L. Bratton (Yes) ___(No) 77 Councilman Aaron Campbell (Yes) ___(No) 78 Councilwoman Sharon Pritchett
(Yes) ___(No) 79 Councilman André Williams (Yes) ___(No) 80 81 82 Councilman Oliver Gilbert, Gilbert, III (Yes) ___(No) SKD/yt Page 18 of 324
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Memo – Town Center Zoning District Council Meeting Date: May 13 , 2009 Item Type: Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: 1st Reading 2nd Reading X x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising
Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Danny Crew, City Manager Department: Planning and Zoning Short Title: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 2 “PERMITTED, CONDITIONAL AND PROHIBITED USES OF THE CITY’S TOWN CENTER ZONING CODE TO CLARIFY THAT IF USES ARE NOT SPECIFICALLY
PERMITTED IN THE TOWN CENTER ZONING DISTRICT, SAID USES SHALL BE DEEMED PROHIBITED; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The City adopted the Town Center Zoning Code by Ordinance No. 2006‐09‐90
on April 5, 2006. Based on a recent review of the permitted use verbiage in the Code
by the City Manager, the City Attorney, and the Planning and Zoning Department, an amendment is deemed necessary to clarify wording under that section. In general, the City’s zoning
code is based on the principal that if a use is not listed, it is prohibited. The new town center district was written with language that, in essence, says that unless a use is specifically
prohibited, anything goes. This provision needs to be amended to reflect the balance of the City’s zoning code. Current Situation ITEM I-1) ORDINANCE FIRST READING City Town Center Zoning
Code Page 23 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The following amendment is proposed. Also see Exhibit A. 1. Revise language, per strike‐out and underline (added)
to Section 2. Permitted, Conditional and Prohibited Uses, Subparagraph A. Permitted Uses to read as follows: All uses, if not prohibited below or specifically permitted above but which
can be construed to be allowed under these permitted uses, shall be deemed permitted prohibited. The attached ordinance is on first reading, and amends section 2 of ordinance 2006‐09‐90.
Proposed Action: Staff recommends City Council approval of the attached ordinance to amend the Town Center Zoning District Regulations. Attachment: Exhibit “A” Excerpt of Code Page 24
of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Exhibit “A” EXCERPT FROM TOWN CENTER ZONING DISTRICT Adopted April 5, 2006 Section 2. Permitted, Conditional and
Prohibited Uses A. Permitted Uses – No building or structure, or part thereof, within the district shall be erected, altered or used, or land used in whole or in part for other than
one or more of the following specific uses, subject to all other applicable standards and requirements contained in this ordinance: (a) Multifamily apartments and townhouses (b) Hotels
and motels (c) Commercial services and retail goods, including spas and health clubs, beauty salons, clothing, florists, gift shops, banking services, pharmacy, news stands, and restaurants.
(d) Conferencing facilities and meeting rooms (e) Offices – business, medical and professional (f) Public and private educational facilities (g) Parking lots and garages (h) Public parks
and recreation facilities (i) Government uses (j) Recreational uses, including cinemas and theatres All uses, if not prohibited below or specifically permitted above but which can be
construed to be allowed under these permitted uses, shall be deemed permitted. All uses, if not prohibited below or specifically permitted above shall be deemed prohibited. B. Conditional
Uses 1) Bars, taverns, cabarets, and lounges provided that individual establishments shall not exceed three thousand (3,000) square feet in gross floor area. 2) Religious uses. C. Prohibited
Uses The permitted uses listed in this district shall not be construed to include, either as a principal or accessory use, any of the following: 1) Pawnshops 2) Automobile and light
truck new sales agency or rental 3) Automobile service stations 4) Automobile self-service gas stations 5) Automobile storage within a building 6) Installation of automobile tires, batteries
and accessories 7) Automobile washing 8) Adult entertainment as defined in Article II. 9) Apartment Hotels 10) Single-Family, Duplex Homes. Page 25 of 324
ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 2 “PERMITTED, CONDITIONAL AND PROHIBITED USES OF THE CITY’S TOWN CENTER ZONING
CODE TO CLARIFY THAT IF USES ARE NOT SPECIFICALLY PERMITTED IN THE TOWN CENTER ZONING DISTRICT, SAID USES SHALL BE DEEMED PROHIBITED; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City adopted the Town Center Zoning
Code on April 5, 2006, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, it has come to the attention of City staff that the Code needs to be clear that uses that are not specifically permitted
in the Town Center District are deemed to be prohibited, and WHEREAS, the Amendment as outlined herein accomplishes that goal, and the City Council would like to adopt the proposed amendment,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby
ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. AMENDMENT: Section 2A of the Town Center Zoning Code shall be amended
as follows: 15 All uses, if not prohibited below or specifically permitted above but which can be construed to be allowed under these permitted uses, shall be deemed permitted 16 17
prohibited. Page 26 of 324
SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 SECTION 4. SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. INCLUSION IN CODE:
It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami
Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word
or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. SECTION
6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 6TH DAY OF MAY, 2009. PASSED ON SECOND READING ON THE ______
DAY OF ______________, 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ______ DAY OF ______________, 2009. Page 27 of 324
42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY
CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 62 Mayor Shirley Gibson (Yes) ___(No)
63 Vice Mayor Barbara Watson (Yes) ___(No) 64 Councilman Melvin L. Bratton (Yes) ___(No) 65 Councilman Aaron Campbell (Yes) ___(No) 66 Councilman Oliver Gilbert, III (Yes) ___(No) 67
Councilwoman Sharon Pritchett (Yes) ___(No) 68 Councilman André Williams (Yes) ___(No) 69 70 71 SKD/teh 8441207_1.DOC Page 28 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM
OF UNDERSTANDING WITH THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES FOR PARTICIPATION IN A JOINT TASK FORCE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN AN EFFECTIVE DATE. Staff Summary: As a continuing effort to impact crime and
increase the level of security for our residents, the Miami Gardens Police Department is engaging in partnerships with other law enforcement agencies to reduce crime in our community.
The Department has been approached by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and asked to partner with them in a task force entitled the Firearms
Interdiction, Reduction and Enforcement Strike Force (FIRE) which targets individuals using and possessing illegal firearms in Miami‐Dade County. This group will focus on criminals who
engage in the violation of federal firearms laws, and/or other armed violent crimes in South Florida. It is the desire of the participating agencies to achieve the maximum interagency
cooperation, in a combined law enforcement effort that targets reducing violent criminal activity within all South Florida communities including the City of Miami Gardens (CMG). ITEM
K-1) CONSENT AGENDA RESOLUTION MOU w/U.S. Bureaus of Alcohol, Tobacco, Firearms and Explosives Page 29 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The Department will assign two officers on a part time basis for an indefinite period to coordinate firearm cases
developed in the CMG with the ATF and the United States Attorneys Office. All overtime expenses for the officers will be reimbursed by the Federal Government for the duration of the
program. The MGPD officers will be stationed at the MGPD Headquarters and will function approximately 95% of their time in the CMG. With some minor exceptions the majority of the work
performed by these officers will occur in the City in furtherance of filing illegal firearms cases occurring in our jurisdiction. Occasionally the officers may be requested to participate
in tactical operations involving other agencies providing sufficient notice is given to Command level personnel. Proposed Action: That the City Council authorizes the City Manager to
sign the Memorandum of Understanding with the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)for the purposes of participation in a joint task force. Attachment:
Attachment A: MOU‐United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Page 30 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES FOR PARTICIPATION IN A JOINT TASK FORCE, A COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, in a continuing effort to impact crime and
increase the level of security for the City’s residents, the Police Department is engaging in partnerships with other law enforcement agencies, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 WHEREAS, the City has been asked by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) to partner with it in a task force known as “The Firearms Interdiction,
Reduction and Enforcement Strike Force” (“FIRE”) to target individuals using and possessing illegal firearms in Miami-Dade County, and WHEREAS, the Task Force will focus on criminals
engaged in violation of federal firearms laws and/or violent crimes in the South Florida area, and WHEREAS, the City of Miami Gardens will assign two officers on a part-time basis for
an indefinite period of time to assist with the Task Force, and WHEREAS, all overtime expenses for the officers will be reimbursed by the federal government for the duration of the Program,
and WHEREAS, the Miami Gardens officers will be stationed at the Miami Gardens Police Department Headquarters and will spend approximately ninety-five percent (95%) of their time within
the City of Miami Gardens, and Page 31 of 324
17 WHEREAS, there is no budget impact for this item, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are
hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize the City Manager and City Clerk to execute and
attest, respectively, that certain Memorandum of Understanding with the United States Bureau of Alcohol, Tobacco, Firearms and Explosives for participation in a Joint Task Force, a copy
of which is attached hereto as Exhibit A. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement,
with one to be maintained by the City; with one to be delivered to the United States Bureau of Alcohol, Tobacco, Firearms and Explosives; and with one to be directed to the Office of
City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT
ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR Page 32 of 324
43 ATTEST: 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED
BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 59 Mayor Shirley Gibson (Yes) ___(No) 60 Vice Mayor Barbara Watson (Yes) ___(No) 61 Councilman Melvin L. Bratton
(Yes) ___(No) 62 Councilman Aaron Campbell (Yes) ___(No) 63 Councilman Oliver Gilbert, III (Yes) ___(No) 64 Councilwoman Sharon Pritchett (Yes) ___(No) 65 Councilman André Williams (Yes)
___(No) 66 67 68 SKD/teh 8432275_1.DOC Page 33 of 324
F.I.R.E. FIREARMS INTERDICTION, REDUCTION & ENFORCEMENT STRIKE FORCE Page 34 of 324
Page Article I – Purpose 1 Article II – Authority 1 Article III – Organizational Structure 1 A. Composition B. Direction C. Supervision Article IV – Guidelines 2 A. Assignment of personnel
B. Nondiscrimination Clause C. Respective Responsibilities D. Special Deputation Appointments E. Scope of Assignments Article V – Operations: Team Concept 5 A. Informants and Cooperating
Witnesses B. Staff Briefings Article VI – Investigative Focus 6 A. Target Identification B. Investigative Procedure C. Tactical Planning D. Lethal Force E. Evidence F. Seized Property
Article VII – Media 9 Article VIII – Equipment 9 A. Vehicles B. Communications C. Cellular Telephones D. Equipment Article IX – Funding 10 Article X – Liability 10 Article XI – Duration
11 Article XII – Modifications 11 Article XIII -Attachments 12 Signatories 13 Page 35 of 324
MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding (MOU) is being executed by the below listed agencies: United States Attorney’s Office (USAO) Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) Miami-Dade Police Department (MDPD) Florida Department of Law Enforcement (FDLE) U.S. Marshal’s Service (USMS) Homestead Police Department (HPD) Nothing
in this MOU should be construed as limiting, or impending, the basic spirit of cooperation which exists between the participating agencies listed above. I. PURPOSE This MOU establishes
and delineates the mission of the ATF sponsored Firearms Interdiction, Reduction and Enforcement Strike Force, hereinafter referred to as FIRE, as a joint cooperative effort. Additionally,
the MOU formalizes relationships between and among the participating agencies in order to foster an efficient and cohesive unit. This unit is capable of addressing the most complex cases,
focusing on armed violent groups or gangs, firearms traffickers, armed career criminals, convicted felons and armed fugitives. The focus is on the aforementioned criminals who engage
in the violation of federal firearms violations, and/or other armed violent crimes which are encountered by local, state and federal law enforcement in South Florida. It is the desire
of the participating agencies to achieve the maximum inter-agency cooperation, in a combined law enforcement effort, that targets reducing violent criminal activity within all South
Florida communities. The intent of this MOU is not to create any right or benefit, nor should it be construed as creating any right or benefit, substantive or procedural, enforceable
by law or otherwise by any third party, against parties, the United States Government, officers, employees, agents, or any other associated personnel thereof. II. AUTHORITY This MOU
is established pursuant to the participating agencies’ authority to investigate violent crimes. ATF’s authority derives from Chapters 40, and 44, Title 18, United States Code, and Chapter
53, Title 26, United States Code. III. ORGANIZATIONAL STRUCTURE A. Composition The Strike Force is comprised of ATF, as the lead federal agency, U.S. Attorney’s Office, Florida Department
of Law Enforcement (FDLE), Miami-Dade County Police Page 36 of 324
Department (MDPD), U.S. Marshal’s Service (USMS), Homestead Police Department, and Municipal Police Departments. The Strike Force will also provide investigative support to traditional
investigative units e.g., homicide, robbery, or narcotics in identifying and arresting offenders of mutual interest engaged in armed or violent criminal activity. Subject to availability,
all parties agree to dedicate an appropriate amount of personnel to ensure the success of the Strike Force. B. Direction All participants acknowledge that FIRE is a joint operation in
which all agencies act as partners in the operation of the Strike Force. An Executive Board, made up of the heads of the participating agencies, will be responsible for the policy and
direction of the ATF sponsored FIRE Strike Force. The Executive Board will meet quarterly in order to collectively provide policy oversight. Membership on the Executive Board can be
delegated by the law enforcement agency head to a designee. C. Supervision The day to day operation operation and administrative control of the F.I.R.E. Strike Force will be the responsibility
of a Supervisory Special Agent (SSA) of the ATF or his /her designee with support of a Lieutenant from MDPD. The management of the FIRE Strike Force will be closely coordinated with
the Executive Board. Responsibility for the conduct of the FIRE Strike Force members, both personally and professionally, shall remain with the respective agency heads. Responsibility
for the conduct of each individual, who does not report to the ATF Group Supervisor or MDPD Lieutenant, and is assigned to the FIRE Strike Force, shall remain with the respective agency
head. Each agency shall be responsible for the actions of their employees. The Strike Force members will be subjected to the personnel rules, regulations, laws and policies that are
applicable to their individual agencies, respectively. ATF participants will continue to adhere to the Bureau’s ethical standards and will remain subject to the Supplement Standards
of Ethical Conduct for Employees of the U.S. Department of Justice. IV. GUIDELINES The FIRE Strike Force was formulated under Federal guidelines pursuant to contracts (See Attachment
-A) granting financial support administered by United States Attorney’s Office Project Safe Neighborhoods (PSN) to state and local law enforcement agencies. This program, demanded flexibility
within participating agencies, in order to accommodate the trust of the federal resources in an effort to impact on the crime problem affecting defined areas within the United States.
The obligations imposed on all participating agencies are for the purpose of attaining predestinated, mutually agreed upon objectives and goals. Use of the Strike Force Page 37 of 324
concept is intended to ensure well coordinated enforcement of all of the participating agencies. While assigned to the FIRE Strike Force, a clearly defined strategy will be adopted.
The Task Force will not permit independent law enforcement operations or efforts, which violate the purpose, design or intent of the Strike Force mission. State and local law enforcement
agencies under FIRE contracts will adhere to guidelines, policies and procedures and regulations encumbering the lead Federal Agency, while at the same time will conform to their individual
agency policies and guidelines. Strike Force operations must meet Federal Task Force guidelines: • Department of Justice Policy (Attachment B) • U.S. Attorney’s Office (PSN) funding
regulations (Attachment A) No law enforcement mission from the ATF FIRE Strike Force will be permitted without a unified sense of mission and purpose. Only with the approval of all participating
agencies, through their designated site representative, and regulated within the program guidelines of the U.S. Government. Tactical operations, proactive and reactive, which affect
or obligate the U.S. Government, or conflict with any existing governmental policies or restrictions on the part of the lead Federal agency or participating agencies, will not be permitted
without the full concurrence of all participants. This is after appropriate protocol and required time concessions have been obtained and allocated. In the event of a procedural conflict
or management disagreement with any two agencies assigned to the ATF FIRE Strike Force, the operation will cease immediately. No further effort in furtherance of the activity will occur
until a resolution of the conflict has been reached, unanimously and without reservation. Jurisdictional conflicts will be resolved by the concerned agencies, whenever possible, at the
lowest level. If resolution is not possible within the agencies the United States Attorney, Southern District of Florida, or designee, along with the State’s Attorney, or designee, designee,
shall make a determination. The criteria for determining whether to prosecute a particular violation in state or federal court will focus upon achieving the greatest overall benefit
to law enforcement and the public. Any question that arises pertaining to prosecutorial jurisdiction will be resolved through discussion among all investigative agencies and prosecutorial
entities which have an interest in the matter. A. Assignment of Personnel The assignment of federal, state and local personnel shall be approved by their respective department head and
coordinated with ATF. Assignment of Strike Force Officers is based on the officer’s training, past performance, or other factors relative to suitability. Page 38 of 324
a. Assignment of personnel must adhere to the U.S. Department of Justice Federal guidelines, including a Top Secret security clearance.(Attachment -B) b. Federal, state and local officers
assigned to ATF FIRE Strike Force will work full time and will be co-located at the ATF Group II Office. c. Officers assigned will be under direct daily supervision of the ATF Group
Supervisor and/or Miami Dade County Police Department Lieutenant and they should adhere to policy and procedures established by the ATF FIRE Strike Force. If any of the aforementioned
policies or procedures conflict with their own department rules and regulations then the individual will immediately bring the conflict to the attention of his/her supervisor. That supervisor
will bring the matter to the attention of the next chain of command, who will take the necessary action to rectify the situation. d. In the event a member of the ATF FIRE Strike Force
requires disciplinary action or is unable to perform his/her duties, it will be brought to the attention of that member’s supervisor with their respective agency. B. Nondiscrimination
Clause All participating agencies will comply with Title VII of the Civil Rights Act of 1964 and all requirements imposed pursuant to the regulations of the U.S. Department of Justice
(CFR Part 42, subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities.
C. Respective Responsibilities Each participating agency of the ATF FIRE Strike Force shall be responsible for the acts of it’s participating officers and shall incur any liabilities
arising out of the services and activities of those officers while participating in the ATF FIRE Strike Force. Personnel must be mindful of the liability they and ATF may incur as a
result of their actions. This liability is established under the Federal Tort Claims Act, Title 28 USC §§ Section 2671 – Section 2680. See ATF Policy and Directives (below is not all
inclusive): • ATF Order 3020.1 --ATF Use of Force and Weapons Policy (Attachment – F) • ATF Order 3000.1E – Criminal Enforcement General Information (Attachment -G) Chapter C. --Emergency
Driving Chapter C. – Special Agent Use of Government Property D. Special Deputation Appointments All state and local law enforcement officers assigned to the ATF FIRE Strike Force
who are working jointly with Special Agents of the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the lead agency’s federal Page 39 of 324
authority, may be sponsored for U.S. Department of Justice, United States Marshals Service (USMS) Special Deputation Appointments. Such official actions will be made under the authority
delegated by the Attorney General of the United States, to perform the duties of the Office of Special Deputy United States Marshal and will be authorized and directed by an appropriate
official of the sponsoring Federal Agency. Any such deputation of state and or local law enforcement officers working jointly with Special Agents of the U.S. Department of Justice, Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF) will remain in force at the direction of the sponsoring agency or until their expiration date. E. Scope of Assignment Scope of assignment
to the ATF FIRE Strike Force will be to enhance criminal prosecution at the highest level of impact, through the application of federal and state statutes. To further this effort the
task force will be federally led for jurisdictional purposes, resources and sentencing enhancements. To achieve this mission Federal authority will be empowered to State and Local law
enforcement officers through the sponsoring Federal agency. a. Investigative actions will be coordinated at the onset and will be federally directed and prepared jointly for defendant
prosecution in Federal court. b. Computerized hardware/software will be provided to each Strike Force Officer (TFO) assigned to the ATF FIRE Strike Force. c. Investigative reports, operational
plans and other relative ATF administrative documentation will be prepared by TFO’S and submitted for approval through the appropriate ATF chain of command. d. Investigations will be
complex in nature, long term and oriented towards accomplishing the ATF FIRE Strike Force specific mission. e. Operations will be conducted safely and steered towards the greatest impact
on reducing violent crime and bringing safety to the community. V. OPERATIONS: TEAM CONCEPT All investigations will be conducted utilizing a TEAM concept with teams comprised of multi-agency
investigators. Each investigation will have the option of two lead investigators, one each from ATF and a State/Local TFO. The ATF investigative file will be initiated by the lead investigator
and/or TFO with the assistance from other Strike Force members. Cases will be initiated in ATF’S N-FORCE Investigative Database, in compliance with the ATF guidelines. Each Strike Force
member will be provided additional N-FORCE Investigative Database training to Page 40 of 324
facilitate this task. A roll call training will be conducted periodically to provide additional guidance and support. Strike Force members will assist the lead investigators with generating
Reports of Interview (ROI), operational plans, interviews, arrests, prisoner processing, evidence processing, Federal Grand Jury presentation and all judicial activity including trial
preparation, if necessary, will be conducted in accordance with ATF policy and procedures and Federal Rules and Regulations. Strike Force members will adhere to ATF guidelines when conducting
federal investigations and preparing for federal prosecution with the United States Attorney’s Office. A. Informants and Cooperating Witnesses The United States Attorney
General’s guidelines and the ATF guidelines regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by members
of ATF FIRE Strike Force (Attachment C) . ATF agrees, subject to funding availability, to pay confidential informants/cooperating witnesses’ expenses in accordance with ATF policies
and procedures when determined by ATF to be reasonable and necessary. An appropriate ATF confidential informant file will be opened wherein all information furnished by the confidential
informant will be maintained. In addition, any payments to the confidential informant will also be documented according to ATF policy and procedures. The disclosure of ATF confidential
informants to non-ATF FIRE Strike Force will be limited to those situations where it is essential to the investigative mission of the ATF FIRE Strike Force. Non-ATF FIRE Strike Force
members may not make any further disclosure of the identity of an ATF informant, including to other members of the Strike Force. No documents are to be prepared or disseminated outside
of ATF which identify or tend to identify an ATF confidential informant. B. Staff Briefings Periodic briefings on ATF FIRE Strike Force investigations will be provided to the heads of
the participating agencies or their designees. VI. INVESTIGATIVE FOCUS: Investigations conducted by the ATF FIRE Strike Force will primarily focus on the specific mission statement,
to target firearms trafficking organizations, armed career criminals and convicted felons and gangs who use firearms in furtherance of their criminal enterprises. Priority will be given
to targets that meet the Armed Career Criminal Offender profile -Title 18, USC 924(e), three (3) prior violent felony convictions, qualifying for enhanced sentencing of 15 years minimum
mandatory Federal Page 41 of 324
prison. Strike Force members will adhere to the ATF Standard Operating Procedure manual when initiating investigations. Investigative information which does not meet the ATF FIRE Strike
Force criteria should be referred to the appropriate agency or departmental entity with assistance provided by ATF FIRE Strike Force members. A. Target Identification Investigative targets
will be selected based on intelligence information provided by informants, law enforcement agencies and cooperating witnesses. A complete background investigation will be conducted for
each potential target. B. Investigative Procedure Investigations will be conducted in accordance with the ATF Manual Orders as set forth by required guidelines. C. Tactical Planning
An ATF Operational Plan, ATF Form 3210.7 (Attachment -D), will be prepared while planning search warrants, arrest warrants, undercover purchases, buy-busts, and/or special undercover
operations (i.e. flash rolls, reverse stings, etc.) by the Strike Force members and reviewed by the ATF Group Supervisor, the ATF Division Tactical Advisor (DTA). ATF Form 3210.7 is
designated to identify critical elements and set parameters of enforcement operations in an effort to increase the level of preparation and safety of all special agents and Strike Force
Officers. A briefing must be conducted for any operation as described above for which an operational plan is approved. Operational plans must adhere to ATF Miami Field Division Policy
as well as ATF Orders. The operational plan will take into account the safety of citizens, safety of officers, and operational success. According to ATF Order 3210.1A (Attachment -E),
dated February 18, 2005, each operational plan must be submitted to the Division Tactical Advisor (DTA) for review. All operational plans will be submitted 24 hours prior to the time
of the planned operation. A briefing will be conducted for all Strike Force members and any other law enforcement personnel involved in the operation. Those who are not present for the
operational briefing will not participate in the operation. • High profile arrests of armed offenders will be planned for predetermined sites when possible. Selected sites should afford
the advantage of isolating subjects in a location that provides tactical benefits to the arrest team. • The use of SRT, K-9 Units and Aviation support will be considered when arrests
of multiple armed offenders is planned. • Adequate time will be allowed for technical support personnel to install electronic devices to be used in the arrest scenarios. Page 42 of 324
• Notification will be made to the MDPD Communications Bureau Shift Commander and a Lieutenant or higher rank from the district/municipality where the warrant or arrests are to be executed.
ATF Group Supervisor will provide notification/approval to the Miami Field Division Assistant Special Agent in Charge of all operations. D. Lethal Force Participants will adhere to the
U.S. Department of Justice, Use of Deadly Force, ATF Orders 3220.1 (Attachment -F) policy unless the respective agency’s policies are more restrictive. If an agency’s deadly force policies
are more restrictive, then the agency’s policy should be followed by non-DOJ participants. E. Evidence The decision as to which agency impounds physical evidence seized during an investigation
will be based on what will build the strongest case. • Evidence should be impounded by the lead agency having jurisdiction in the court system intended for prosecution. Evidence generated
from investigations initiated by the Strike Force Officer or ATF Special Agents intended for federal prosecution will be placed into the ATF Property and Evidence Vault. • All firearms
seized by Strike Force Officers or ATF Special Agents must be submitted to the ATF Lab or Miami-Dade PD laboratory for fingerprint and/or DNA analysis and request a NIBIN (ballistics)
examination. Once all laboratory examination is completed the evidence shall be placed into the ATF Property and Evidence Vault for proper storage. All firearms taken into ATF custody
must be submitted to the ATF’s National Tracing Center for tracing. • Consultation with the assigned Assistant United States Attorney (AUSA) or Assistant States Attorney (ASA) should
be made by the Strike Force member if any doubt arises as to the appropriate impounding agency. • Property impounded at the MDPD Property Bureau will follow procedures outlined in Miami
Dade County Police Department guidelines. F. Seized Property The ATF shall be responsible for the processing of assets seized for federal forfeiture in conjunction with federal law and
the rules and regulations set forth by the ATF and Department of Justice (DOJ). Forfeiture attributable to ATF FIRE Strike Force investigations may be distributed among the agencies
participating in ATF FIRE Strike Force related operations. In the event that any property or cash is seized as a result of investigative activities governed by this MOU, the parties
agree to ensure the equitable distribution of forfeited property, cash or proceeds from the sale of forfeited property. If the forfeiture occurs on the state level, the forfeiture and
distribution of such property Page 43 of 324
shall be pursuant to Section 932.701-707 of the Florida Statutes. Forfeited property or proceeds shall be distributed to the appropriate law enforcement agency or agencies that participated
directly and substantially in any acts which led to the seizure or forfeiture of such property or cash. It is agreed that the percentage of any proceeds from forfeited property or the
value of property retained by an agency shall be commensurate with participation of that agency in the activity, which resulted in the seizure, unless otherwise agreed to by the participating
agencies. Any agency that provides for court costs or costs for maintaining seized property shall be reimbursed out of any proceeds from the sale of seized property prior to the distribution
of proceeds. VII. MEDIA All media releases pertaining to ATF FIRE Strike Force investigations and/or arrests will be coordinated and made jointly by all participants of this MOU. No
unilateral press releases will be made by any participating agency without the prior approval of the other participants. No information pertaining to ATF FIRE Strike Force itself will
be released to the media without mutual approval of all participants. VIII. EQUIPMENT A. Vehicles All State and Local entities will provide vehicles. B. Communications The MDPD and ATF
agree, consistent with available funding and required approvals, to provide sufficient portable radios for each ATF FIRE Strike Force member, capable of transmitting and receiving voice
messages. Additional rechargeable batteries and battery charges will also be provided. Certain ATF FIRE Strike Force Board member agencies may be requested from time to time to provide
radios to the ATF FIRE Strike Force during certain high-impact investigations or undercover scenarios. C. Cellular Telephones Participating agencies are responsible for providing their
officers assigned to the ATF FIRE Strike Force with cellular telephones per the respective departments availability. Expenses for the cellular telephones are the responsibility of the
officer’s agency. D. Equipment Page 44 of 324
Property damaged or destroyed (other than vehicles) which was utilized by the task force in connection with authorized investigations and/or operations, and was in the custody and control
of and used at the direction of the ATF FIRE Strike Force, will be the financial responsibility of the agency supplying the said property. IX. FUNDING See Attachment -A X. LIABILITY
Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation
by the United States is determined by DOJ on a case by case basis. ATF cannot guarantee the United States will provide legal representation to any Federal, State or Local law enforcement
officer. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States government, acting within the scope of his
employment, shall be an action against the United States under the Federal Tort Claims Act ((FTCA), 28 U.S.C. § 1346(b), §§ 2671-2680. For limited purpose of defending claims arising
out of ATF FIRE Strike Force activity, state or local law enforcement officers who have been specifically deputized and who are acting within the course and scope of their official duties
and assignments pursuant to this MOU, may be considered an employee of the United States government as defined in 28 U.S.C. § 2671. See 5 U.S.C. & 3374 (c) (2). Under the Federal Employees
Liability Reform and Tort Compensation Act of 1998 (commonly known as the Westfall Act), 28 U.S.C. § 2679 (b) (1), the Attorney General or his designee may certify that an individual
defendant acted within the scope of this employment at the time of the incident giving rise to the suit. Id., 28 U.S.C. §2679 (d)(2). The United States can then be substituted for the
employee as the sole defendant with respect to any tort claims. 28 U.S.C. § 2679(d)(2). If the United States is substituted as defendant, the individual employee is thereby protected
from from suits in his official capacity. If the Attorney General declines to certify that an employee was acting within the scope of employment, the employee may at any time before
trial petition the court to find and certify that the employee was acting within the scope of his office or employment 28 U.S.C. § 2679 (d)(3). Liability for any negligent or willful
acts of ATF FIRE Strike Force members undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency involved. Page 45 of 324
Liability for violations of federal constitutional law rests with the individual federal agent or officer pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics,
403 U.S. 388 (1971) or pursuant to 42 U.S.C. § 1983 for state and local officers or cross-deputized federal officers. Both state and federal officers enjoy qualified immunity from suit
for constitutional torts “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known” Harlow v. Fitzgerald,
457 U.S. 800 (1982). ATF FIRE Strike Force officers may request representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions
taken within the scope of employment. 28 C.F.R. §§ 50.15, 50.16. An employee may be provided representation “when the actions for which representations is requested reasonably appear
to have been preformed within the scope of the employee’s employment and the Attorney General or (his) designee determines that providing representation would otherwise be in the interest
of the United States” 28 C.F.R.§ 50.15(a). If an ATF FIRE Strike Force Officer is found to be liable for a constitutional tort, he/she may request indemnification from DOJ to satisfy
an adverse judgment rendered against the employee in his/her individual capacity. 28 C.F.R. § 50.15 (c) (4). The criteria for payment are substantially similar to those used to determine
whether the federal employee is entitled to DOJ representation under 28 C.F.R. § 50.15 (a). XI. DURATION This MOU shall remain in effect until terminated as specified below. Continuation
of this MOU shall be subject to the availability of necessary funding. This agreement may be modified at any time by written consent of all involved agencies. This agreement may be terminated
at any time by any of the participating agencies. The participating agencies may withdraw from this ATF agreement at any time by providing a 30-day written notice of its intent to withdraw
to all other participating agencies. Upon the termination of the ATF FIRE Strike Force and the MOU, all equipment will be returned to the supplying agencies. XII. MODIFICATIONS This
agreement may be modified at any time by written consent of all involved agencies. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing
and signed by an authorized representative of each participating agency. Page 46 of 324
XIII. ATTACHMENTS A. Project Safe Neighborhood Funding Regulations B. ATF Order 8620.1, Task Force Guidelines C. ATF Order 3550.1A, Operation of Informants and Cooperating Witnesses,
D. ATF Form 3210.7, ATF Operational Plan, E. ATF Order 3210.1A, Operational Planning F. ATF Order 3220.1, Use of Force G. ATF Order 3000.1E Criminal Enforcement, General Enforcement
Page 47 of 324
SIGNATORIES For the United States Attorney’s Office: __________________________________ ______________ Signature Date __________________________________ Title For the Bureau of Alcohol,
Tobacco, Firearms, and Explosives: __________________________________ ______________ Signature Date __________________________________ Title For the Miami-Dade Police Department: ____________________
________________ _______________ Signature Date ____________________________________ Title Page 48 of 324
For the Florida Department of Law Enforcement: ____________________________________ _______________ Signature Date ____________________________________ Title For the U. S. Marshals Service:
____________________________________ _______________ Signature Date ____________________________________ Title For the Homestead Police Department: ____________________________________
_______________ Signature Date ____________________________________ Title Page 49 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM
OF UNDERSTANDING WITH THE UNITED STATES MARSHALS SERVICE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO
THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: As a continuing effort to impact crime and increase the level of security for our residents, the Miami Gardens Police Department
is engaging in partnerships with other law enforcement agencies to reduce crime in our community. The Department has been approached by the United States Marshals Service and asked to
partner with them in a task force targeting fugitives in Miami‐Dade County. This group will research and attempt to locate hundreds of current fugitives involved in a multitude of crimes
including homicides and sexual crimes. Many of these fugitives reside or travel though the City of Miami Gardens (CMG) on a daily basis. The Department will detach one officer on a part
time basis (20 hours per week) for an indefinite period. All overtime expenses for the officer will be reimbursed by the Federal Government for the duration of the program. It is expected
that when an operation is conducted in the City of Miami Gardens by the task force, there will be an ITEM K-2) CONSENT AGENDA RESOLUTION MOU w/U.S. Marshals Services Page 50 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 increased law enforcement presence of up to 10 to 15 officers at any given time as a result of our participation.
These operations will be coordinated by the U.S. Marshals Service with input from the participating agencies based on need and objective. The MGPD officer will be responsible for obtaining
information on subjects wanted for violent felonies occurring in the CMG and attempting to apprehend them. Proposed Action: That the City Council authorize the City Manager to execute
the Memorandum of Understanding with the U.S. Marshals Service for the purposes of participation in a joint task force. Attachment: Attachment A: Marshalls MOU Page 51 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES MARSHALS SERVICE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS
TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, the City of Miami Gardens Police Department has been offered an opportunity to partner
with the United States Marshals Service in a task force to target fugitives in Miami-Dade County, and WHEREAS, the task force will research and attempt to locate current fugitives that
reside in, or travel through, the City of Miami Gardens, and WHEREAS, the United States Marshals Service would like to enter into a Memorandum of Understanding with the City of Miami
Gardens Police Department whereby the Police Department will offer the services of one officer on a part time basis for an indefinite period of time, and WHEREAS, all overtime expenses
for the officer will be reimbursed by the Federal Government for the duration of the program, if funds are available; if not, overtime will be paid from the Police Department overtime
budget, and WHEREAS, the City Council would like to authorize the City Manager to execute a Memorandum of Understanding with the United States Marshals Service for this purpose, NOW
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 52 of 324
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified
and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize
the City Manager and City Clerk to execute and attest, respectively, that certain Memorandum of Understanding with the United States Marshals Service, a copy of which is attached hereto
as Exhibit A. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement, with one to be maintained
by the City; with one to be delivered to the United States Marshals Service; and with one to be directed to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall
take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________
SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney 2 Page 53 of 324
3 49 50 51 52 53 54 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 55 Mayor Shirley Gibson (Yes) ___(No) 56 Vice Mayor Barbara Watson (Yes) ___(No)
57 Councilman Melvin L. Bratton (Yes) ___(No) 58 Councilman Aaron Campbell (Yes) ___(No) 59 Councilman Oliver Gilbert, III (Yes) ___(No) 60 Councilwoman Sharon Pritchett (Yes) ___(No)
61 Councilman André Williams (Yes) ___(No) 62 63 64 SKD/teh 8390251_1.DOC Page 54 of 324
MEMORANDUM OF UNDERSTANDING DISTRICT FUGITIVE TASK FORCE (DTF) South Florida Fugitive Apprehension Strike Team (S/FL – FAST) Florida Regional Fugitive Task Force (RFTF) This Memorandum
of Understanding (MOU) is entered into by the Miami Gardens Police Department and the United States Marshals Service (USMS) pursuant to the Presidential Threat Protection Act of 2000
(Public L. 106-544, § 6, December 19, 2000, 114 Stat. 2718, 28 U.S.C. § 566 note). The Presidential Threat Protection Act of 2000 provides that, “the Attorney General shall, upon consultation
with appropriate Department of Justice and Department of the Treasury law enforcement components, establish permanent Fugitive Apprehension Task Forces consisting of Federal, State,
and local law enforcement authorities in designated regions of the United States, to be directed and coordinated by the United States Marshals Service, for the purpose of locating and
fugitives. Terms and Conditions 1. Period of Performance: This MOU will be automatically renewed renewed annually based on written notification from the USMS, on or about October 1 of
each new fiscal year. Participating agencies may withdraw their participation after providing 30 days advance written notice to the Assistant Chief Deputy or Task Force Coordinator.
Participating agencies entering into this MOU are not committed to any period of performance other than the dates listed above. However, this MOU will remain in force for agencies requesting
to remain on the RFTF or task force upon the cessation of the operation. The terms of this MOU will commence on or about March 5, 2009. Page 55 of 324
2. Overtime Reimbursement: Should funds be available, the USMS shall reimburse your organization for overtime hours. If overtime is compensated, the agency must submit within 30 days
after receipt a fully executed MOU. Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Overtime per law enforcement officer is capped at no more than
$15,572 per year. Reimbursement of overtime shall be contingent upon the submission of a proper invoice on a quarterly basis within 30 days after the close of the quarter. The fiscal
year quarterly billing periods are Oct-Dec, Jan-March, April-June, and July-September. Failure to submit a proper invoice within 30 days after the close of the quarter will preclude
reimbursement for the overtime incurred within the quarter. A proper invoice identifies the agency name, address and MOU, as well as the names of the investigators who incurred overtime
for the task force during the quarter. The invoice should reflect the number of overtime hours incurred; the hourly regular and overtime rates in effect for each investigator, and the
total quarterly cost. All invoices for overtime from operation “Orange Crush” must be submitted within 30 days after the operation completion. The invoice should be submitted to the
Task Force Chief, who will review the invoice, stamp and sign indicating that services were received and that the invoice is approved for payment; and forward to USMS District Headquarters
for processing. Documentation supporting the summary level quarterly invoice will be maintained by the Task Force Chief, and only the summary level quarterly invoice will be forwarded
to USMS Headquarters. Group supervisors are responsible for scheduling the duty hours of the personnel assigned to their group, subject to the supervision of the Task Force Chief and
the availability of overtime compensation. Agencies will receive a purchase order or financial MOU specifying the amount of overtime available and the dates for which the overtime is
allotted. This MUST be received by the agency prior to incurring any overtime reimbursable by the United States Marshals Service. Agencies within the District may join the task force
at any time with the consent of the USMS and after consultation with the Task Force Advisory Committee. Agencies that wish to join will sign a copy of the existing MOU for the District.
3. Personnel and Supervision: The DTF/RFTF will consist of law enforcement and administrative personnel from federal, state, and local law enforcement agencies. Each participating agency
may agree to assign at least one full-time law enforcement officer to the task force. Other law enforcement officers may assist with task force operations as necessary. Direction and
coordination of the DTF/RFTF shall be the responsibility of the USMS Task Force Chief. Subject to the needs of the DTF/RFTF, participating agencies may assign supervisory personnel to
serve as group supervisors within the task force. Each group supervisor will be responsible for the operational supervision of a multi-agency group of federal, state, and local law enforcement
officers assigned to the task force. The current task force, if applicable, will be integrated within the DTF/RFTF to formulate a joint task force with a greater scope of responsibility
and wider area of coverage. Page 56 of 324
Administrative matters which are internal to the participating agencies remain the responsibility of the respective agencies. Furthermore, each agency retains responsibility for the
conduct of its personnel. 4. Task Force Advisory Committee: A Task Force Advisory Committee, consisting of representatives of each participating agency, shall meet and confer as necessary
to review and address issues concerning the DTF/RFTF. 5. Vehicles and Equipment: Any vehicles, equipment, credentials, or other items issued to task force personnel by the USMS shall
remain the property of the USMS at all times. Government vehicles shall be used only for official purposes and solely for use in the performance of the task force duties. They shall
not be used for transportation between residence and place of employment. All vehicles and equipment must be returned to the USMS upon termination of the task force or the departure
of any task force personnel. Any other equipment used by or assigned to task force officers will remain the property of the agency issuing the equipment and will be returned to that
specific agency upon termination of the task force or upon agency request. Pending the availability of funding, each participating agency agrees to furnish one vehicle for use by the
task force for each law enforcement officer assigned to the task force (unless a USMS owned or leased vehicle is assigned to the officer). Each agency is responsible for the fuel, maintenance,
and other expenses associated with the use of its vehicles. Pending the availability of funds and equipment, the USMS will issue USMS radios to each task force officer. Each participating
agency agrees to provide mobile and/or handheld radio equipment capable of communicating on their law enforcement radio network. Pending the availability of funds, the USMS will furnish
cellular telephones to be used for official DTF/RFTF business. 6. Background Investigations and Special Deputation: Personnel assigned to the task
force may be required to undergo background investigations in order to be provided access to USMS offices, records, and computer systems. In the event that such background investigations
are required by the USMS for state or local personnel, the USMS shall bear the costs associated with those investigations. Non-USMS law enforcement officers assigned to the task force
will be deputized as Special Deputy U.S. Marshals. Special Deputations will be in effect only when the deputized task force officer is assigned to the task force and is performing task
force duties. 7. Records, Reports, and Evidence: Original reports of investigation, evidence, and other investigative materials generated, seized, or collected by the DTF/RFTF shall
be retained by the agency in the DTF/RFTF responsible for the case. However, evidence may be turned over to other law enforcement agencies as appropriate. Copies of investigative reports
and other materials may be provided to other agencies in accordance with applicable laws, rules, and regulations. Task force statistics will by maintained in the USMS Warrant Information
Network (WIN). Statistics will be made available to any participating agency upon request. Page 57 of 324
8. Referral and Assignment of Cases: Each participating agency agrees to refer cases for investigation by the DTF/RFTF. Upon receipt of a written request, the DTF/RFTF may also assist
non-participating law enforcement agencies in locating and arresting their dangerous fugitives. Task force personnel will be assigned federal, state, and local fugitive cases for investigation.
Investigative teams will consist of personnel from different agencies whenever possible. Each participating agency retains responsibility for the cases they refer to the DTF/RFTF. 9.
NCIC Entries: Federal fugitive cases referred to the task force for investigation by any participating agency will be entered into the National Crime Information Center (NCIC) by the
USMS or originating agency, as appropriate. State or local fugitive cases will be entered into NCIC (and other applicable state or local lookout systems) as appropriate by the concerned
state or local agency. 10. Travel: Task force personnel may be required to travel outside of of the jurisdiction to which they are normally assigned in furtherance of task force business.
State or local task force officers traveling on official business at the direction of the USMS shall be reimbursed directly by the USMS for their travel expenses in accordance with applicable
federal laws, rules, and regulations. 11. Informants: Pending availability of funds, the USMS may provide funding for the payment of informants. However, all payments of informants utilizing
USMS funding shall comply with USMS policies and procedures concerning confidential informants and protected sources. 12. Use of Firearms and Deadly Force: All members of the DTF/RFTF
shall comply with their agency’s guidelines concerning the use of firearms and deadly force. Copies of all applicable firearms and deadly force policies shall be provided to the Task
Force Chief and each concerned task force officer. 13. News Media: Press conferences, press releases, and other statements to the media concerning task force arrests and operations shall
be coordinated among all participating Agencies. Page 58 of 324
14. Release of Liability: Each agency shall be responsible for the acts or omissions of its personnel. Participating agencies or officers shall not be considered as the agent of any
other participating agency. Nothing herein is intended to waive or limit sovereign immunity under federal or state statutory or constitutional law. AGREED TO THIS .................DAY
OF ............., 2009 ______________________________________ Chief Matthew Boyd Miami Gardens Police Department _________________________________________ Christina Pharo U.S. Marshal
Southern District of Florida United States Marshals Service ________________________________________ Danny O. Crew City Manager, City of Miami Gardens Page 59 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source:
Recovered Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name City Manager Department: Finance
Short Title: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT
WITH THE FLORIDA LEAGUE OF CITIES, INC., FOR THE INVESTIGATION AND COLLECTION OF PAST DUE BUSINESS LICENSE TAXES FROM INSURANCE COMPANIES DOING BUSINESS WITHIN THE CITY OF MIAMI GARDENS,
A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE.” Staff Summary:
In accordance with Florida Statute 205.042 Subsections 1,2 and 3 which allows municipalities to collect a business license tax from insurance companies that do business within the city
whether said insurance companies has physical offices in the city or not. Furthermore, if you would refer to City Ordinance #2004‐08‐24(see attachment) on page 6 of 12 of Appendix A,
the annual fee for an insurance company (code 1350) is $200.00. Historically, it has been very difficult for municipalities to know which insurance companies conduct business in our
city if they do not have a physical office within the city limits. Therefore, the cities across Florida have been losing tax revenues. A few years ago, the Florida League of Cities (the
“League”) ITEM K-3) CONSENT AGENDA RESOLUTION Agreement w/Florida League of Cities Page 60 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 developed a program to help cities pursue these revenues by developing a database with the insurance company’s information
and where they do business. Based on this information, the League was able, under the law, to go back 6 years and collect past due license fee revenues. Attached for Council review is
a report prepared by the League which contains a summary of the program, a listing of revenues obtained for other municipalities in the State for FY2006 and FY2007, as well as a copy
of the agreement the City would execute in order to participate in the program. Since there is no baseline data regarding this information, staff has no way to estimate an exact amount
of revenue that can be recovered at this time. However it is important to note that the cost to the City is listed in the attached agreement (Attachment A) under paragraph #5. The League
will retain 50% of the amounts collected. In subsequent years, the City will bill these companies directly for the renewals and 100% of those revenues will be retained by the City. Proposed
Action: It is recommended that the City Council authorize the City Manager to negotiate and execute the agreement with the Florida League of Cities for the investigation and subsequent
collections of past due business tax license revenues from insurance companies doing business within the City limits. Attachment: Attachment A‐Florida League of Cities program summary,
revenue listings, and bank agreement Attachment B_ City Ordinance 2004‐08‐24 Page 61 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
AGREEMENT WITH THE FLORIDA LEAGUE OF CITIES, INC., FOR THE INVESTIGATION AND COLLECTION OF PAST DUE BUSINESS LICENSE TAXES FROM INSURANCE COMPANIES DOING BUSINESS WITHIN THE CITY OF
MIAMI GARDENS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 205.042, Florida Statutes, permits municipalities to collect business license taxes from insurance companies that do not have physical offices within the City, but do
business within the City, and 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, it is very difficult for the City to ascertain which insurance companies are actually doing business in the City
but do not have a physical office, and WHEREAS, the Florida League of Cities has initiated a program whereby it will assist cities with ascertaining which insurance companies are actually
doing business within a particular city and then collect past due taxes, and WHEREAS, the League has agreed to provide this service on behalf of the City of Miami Gardens and the City
Council would like to authorize the League to provide this service, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 62 of 324
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution.
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize the
City Manager and City Clerk to execute and attest, respectively, that certain Agreement with the Florida League of Cities, Inc., for the investigation and collection of business license
taxes from insurance companies doing business within the City of Miami Gardens, a copy of which is attached hereto as Exhibit A. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk
is hereby authorized to obtain three (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to the Florida League of Cities;
and with one to be directed to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________
RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. Page 63 of 324
44 City Attorney 45 46 47 48 49 50 51 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 52 Mayor Shirley Gibson (Yes) ___(No) 53 Vice Mayor Barbara Watson
(Yes) ___(No) 54 Councilman Melvin L. Bratton (Yes) ___(No) 55 Councilman Aaron Campbell (Yes) ___(No) 56 Councilman Oliver Gilbert, III (Yes) ___(No) 57 Councilwoman Sharon Pritchett
(Yes) ___(No) 58 Councilman André Williams (Yes) ___(No) 59 60 61 SKD/teh 8434201_1.DOC Page 64 of 324
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund Advertising Requirement: Yes No X Contract/P.O.
Required: Yes No RFP/RFQ/Bid #: RFP#08‐09‐028 LDR/Zoning X Ordinance Consultant Sponsor Name Danny Crew, City Manager Department: Planning and Zoning; Procurement Department Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT FOR PLANNING
SERVICES WITH THE MELLGREN PLANNING GROUP, INC., LOCATED IN FORT LAUDERDALE, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background At the March 4, 2009 Zoning Meeting, staff briefed the Council with regard to the
RFP timeframe and budget for hiring a new consultant to complete the City’s Zoning Ordinance. The proposed budget for this service is $50,000. The target date for Council award was April
8, 2009. The RFP asked the proposer to determine if the project could be completed within the proposed budget and, if not, what additional resources would be needed to bring the project
to completion, including city staff participation. Staff prepared specifications to retain a consultant for the LDR/Zoning Code. The RFP#08‐09‐028 was advertised on February 20, 2009.
A broadcast notice was sent to 926 vendors. Thirty‐seven (37) proposal packages were requested. The proposals were due on March 12, 2009, and were publicly opened on that date. Three
(3) proposals were received. A copy of the proposal document and submittals are available for review at the desk of the Assistant to the Mayor and Council. ITEM K-4) CONSENT AGENDA RESOLUTION
Agreement with Mellgren Planning Group Page 100 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation The three (3) consultants submitting proposals were: • Calvin Giordano & Associates • The Corradino
Group • The Mellgren Planning Group The review and selection committee included Daniel Rosemond, Assistant City Manager, Jay Marder, Development Services Director, Cyril Saiphoo, Zoning
Administrator, and Tom Ruiz, Public Works Director. Each committee member was provided the evaluation ranking sheet, tabulation sheet, proposals, copy of the solicitation and instructions
as to the ranking process. The evaluation ranking sheet is attached as Exhibit A. The Mellgren Planning Group (TMPG) was identified as the top ranking firm. Meetings were held on March
26 and April 3, 2009 to clarify the scope of work and the contract. In order to complete the project within the budget of $50,000, City staff and TMP G agreed to: 1. A reduction in the
required number of meetings from 12 to 8 2. City staff will prepare most administrative procedures plus several other sections of the code including but not limited to: • Purpose And
Applicability • Authority And Responsibilities • Administration And Enforcement • Public Hearing Process And Notice Requirements • Quasi Judicial Procedures; Development Review Processes
And Procedures • Street Address Procedures And Requirements • Concurrency Review Process • Subdivision Procedures • Development Agreements • Community Development Districts • Signs •
Environmental Resource Protection • Impact Fees • Workforce Housing • Alcoholic Beverage Sales And Activities • Adult Entertainment And Alcoholic Beverage Uses • Public Works And Construction
Standards And Requirements • Floodplain Regulations. Page 101 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 3. TMPG will be responsible for most zoning standard requirements including but not limited to: • Definitions •
Permitted Uses • Area And Dimensional Requirements • Design Criteria • Additional Requirements And Criteria For Specific Uses • Planned Corridor Development Zoning District • Parking;
Streetscape, Landscape, Tree And Buffer Requirements • Nonconforming Uses And Structures And Vested Rights • Criteria and Standards For Public Hearing Review. 4. Regarding the Planned
Corridor Development Zoning District (PCD), TMPG will complete necessary graphics. They will critically review this form‐based district and provide recommendations. Based on their findings
and the time invested, TMPG will complete necessary rewrites if within budget. If not, staff will evaluate TMPG’s recommendations and resources available to complete modifications and
recommend appropriate action. Staff anticipates an eight to nine month time frame to complete the work, thereby making the timeframe for final code adoption February/March 2010. The
proposed resolution seeks Council approval in authorizing the City Manager to execute the attached contract for the service of completing the City’s Land Development Code with The Mellgren
Planning Group. Proposed Action: Staff recommends City Council approval of the attached resolution authorizing the City Manager to execute the attached contract with The Mellgren Planning
Group, Inc. for an amount not to exceed $50,000. Attachment: • Attachment A: Evaluation Ranking Sheet • Attachment B: Contract with Scope of Services Page 102 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
AGREEMENT FOR PLANNING SERVICES WITH THE MELLGREN PLANNING GROUP, INC., LOCATED IN FORT LAUDERDALE, FLORIDA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff previously terminated the consultant that was hired to prepare the
City’s Land Development Regulations/Zoning Code, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, City staff prepared specifications to retain a new consultant to complete the process,
and WHEREAS, RFP #08-09-028 was advertised on February 20, 2009, and WHEREAS, the City received three proposals in response, and WHEREAS, City staff has reviewed the proposals and is
recommending that the City Council contract with The Mellgren Planning Group, Inc., to complete the City’s Land Development Regulations/Zoning Code, and WHEREAS, City Council would like
to authorize the City Manager to enter into an Agreement with The Mellgren Planning Group, Inc., for this purpose, and WHEREAS, funding for this purpose will come from the Planning and
Zoning Department Budget, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 103 of 324
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution.
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize
the City Manager and City Clerk to execute and attest, respectively, that certain Agreement for planning services with The Mellgren Planning Group, Inc., located in Fort Lauderdale,
Florida, a copy of which is attached hereto as Exhibit A. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of
the subject Agreement, with one to be maintained by the City; with one to be delivered to The Mellgren Planning Group, Inc.; and with one to be directed to the Office of City Attorney.
Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING
HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS,
ESQ. City Attorney Page 104 of 324
47 SPONSORED BY: DANNY CREW, CITY MANAGER 48 49 50 51 52 MOVED BY:_____________________ VOTE: _____ 53 Mayor Shirley Gibson (Yes) ___(No) 54 Vice Mayor Barbara Watson (Yes) ___(No) 55
Councilman Melvin L. Bratton (Yes) ___(No) 56 Councilman Aaron Campbell (Yes) ___(No) 57 Councilman Oliver Gilbert, III (Yes) ___(No) 58 Councilwoman Sharon Pritchett (Yes) ___(No) 59
Councilman André Williams (Yes) ___(No) 60 61 62 SKD/teh 8407942_1.DOC Page 105 of 324
RFP#08-09-028 Page 1 of 1 LDR Zoning Code March 2009 City of Miami Gardens Evaluation of Request for Qualifications (RFQ) for Land Development Regulation/Zoning Ordinance – March 13,
2009 RFP#08-09-028 Criteria Calvin Giordano, Ft. Lauderdale, FL Corradino Group, Doral, FL Mellgren Planning Group, Ft. Lauderdale, FL A. Evidence of ability, capacity & skill of firm
to perform, including timeliness, stability, availability.(Max. 80 points) Clearly demonstrate your understanding of the services to be provided,methodologies for meeting the requirements
of this proposal 52 61 70 B. Services to be provided. (Max. 80 points) Include your detail approach to the City’s services,sample zoning codes, etc. 27 42 60 C. Successful experience
& background in similar services, including financial stability,clients/references responses, (Max. 80 points) 47 58 71 D. Background & experience of personnel assigned to City. Include
resumes, qualifications,education, certificates (Max. 60 points) 43 48 54 E. Cost of Services (Max Max 60 points) Proposer shall submit a not-to-exceed amount for complete execution
of the services required in this proposal. 0 59 51 F. Firm(s) with an office located in the City of Miami Gardens for at least 6 months prior to this RFQ.(Max. 20 points) – Copy of Business
Tax License required. 0 0 0 G. Firm(s) who’ve contributed to local school(s) per City Ordinance 2008-20-156 (Max. 520 points)Copy of commitment letter from principal is required. 0 0
0 Totals (Max. 400 points) 169 268 306 Page 106 of 324
AGREEMENT FOR PLANNER SERVICES THIS AGREEMENT is made and entered into this _____ day of ___________, 2009, by and between the City of Miami Gardens, a Florida municipal corporation
(hereinafter referred to as “City”), and The Mellgren Planning Group, Inc. authorized to do business in the State of Florida, (hereinafter referred to as “Consultant”) and jointly referred
to as the Parties. WITNESSETH: WHEREAS, the City advertised a Request for Qualifications (“RFQ”) on February 20, 2009, and WHEREAS, Consultant submitted a Proposal dated March 12, 2009,
in response to the City’s request; and WHEREAS, at a meeting held on April 22, 2009, the City Council selected the Consultant and agreed to contract with Consultant to perform the services
described in the RFQ AND Consultant’s Proposal submitted in response to the RFQ (“Services”). NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the
parties hereto agree as follows: Article 1 Incorporation by Reference. The following documents are hereby incorporated by reference and made part of this Agreement. (i) Specifications
and Proposal Documents prepared by the City for Planner Services for Zoning Code Revisions RFQ#08-09-28 (Exhibit 1). (ii) Proposal for the City of Miami Gardens prepared by Consultant
dated March 12, 2009. (Exhibit 2). (iii) Scope of Services and LDR Outline for Land Development Regulations/Zoning Ordinance prepared by the City (Exhibit 3). All exhibits may also be
collectively referred to as the “Documents”. In the event of any conflict between the Documents or any ambiguity or missing specifications or instruction, the following priority is established:
A. This Agreement 1 of12 Agreement with Mellgren Planning Group Page 107 of 324
B. Exhibit 1 C. Exhibit 2 D. Exhibit 3 Article 2 Scope of Work Consultant will be required to prepare draft regulations, work closely with City staff, attend meetings, and prepare presentations
and any printed materials for public meetings/workshops in accordance with Exhibit 3. Article 3 Qualifications Consultant and the individual executing this Agreement on behalf of the
Consultant warrant to the City that the Consultant is a Florida corporation duly constituted and authorized to do business in the State of Florida, is in good standing and that Consultant
possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perform the work herein described. Article 4 Compensation
For all Services provided by Consultant, the City shall pay Consultant $50,000.00. All invoices for services shall be submitted not more than once per month and or upon completion and
acceptance of each phase/deliverable and in sufficient detail to demonstrate compliance with the terms of this Agreement, and shall include a detailed explanation of all fees and charges.
The City’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Council. Consultant shall make no charges to
the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with prior written approval
of the City. If the City disputes any charges on the invoices, it may make payment of the contested amounts and withhold payment on the contested amounts until they are resolved by agreement
with Consultant. Reimbursable expenses shall be listed individually, with supporting documentation attached. Article 5 Completion Time The work described herein shall be completed no
later than eight months from execution of contract, or approval of the Zoning Code Ordinance, whichever is first. Article 6 Default An event of default shall mean a breach of this Agreement
by the Consultant. Without limiting the generality of the foregoing and in addition to 2 of12 Agreement with Mellgren Planning Group Page 108 of 324
those instances referred to as a breach, an event of default shall include the following: a. Consultant has not performed services on a timely basis; b. Consultant has refused or failed
to supply enough properly skilled Personnel; c. Consultant has failed to make prompt payment to subcontractors or suppliers for any services after receiving payment from the City for
such services or supplies; d. Consultant has failed to obtain the approval of the City where required by this Agreement; e. Consultant has failed in any representations made in this
Agreement; or f. Consultant has refused or failed to provide the Services as defined in this Agreement. g. Consultant has filed bankruptcy or any other such insolvency proceeding and
the same is not discharged within 90 days of such date. In an Event of Default, the Consultant shall be liable for all damages resulting from the default, including: The difference between
the amount that has been paid to the Consultant and the amount required to complete the Consultant’s work, provided the fees by the firm replacing the Consultant are reasonable and the
hourly rates do not exceed the Consultant’s rates. This amount shall also include procurement and administrative costs incurred by the City. The City may take advantage of each and every
remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing and may be exercised from time to time
and as often and in such order, as may be deemed expedient by the City. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to
exercise any other remedy. The City’s rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the City
in law or in equity. Article 7 Indemnification Consultant shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability,
losses or 3 of12 of12 Agreement with Mellgren Planning Group Page 109 of 324
damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out of, relating to or resulting from the negligent performance of this Agreement by the Consultant or its employees, agents,
servants, partners, principals or sub-Consultants. Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit the responsibility to indemnify, keep
and save harmless
and defend the City or its officers, employees, agents and instrumentalities as herein provided. One percent (1%) of the contract amount shall represent the consideration to be provided
for this indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity. Article 8 Insurance Consultant shall provide and maintain general liability insurance
coverage, for personal injury and property damage in the minimum amount of One Million ($1,000,000.00) Dollars, per incident, for personal injury, and Five Hundred Thousand ($500,000.00)
Dollars, per incident, for property damage. Consultant shall provide and maintain professional liability (errors and omissions) insurance coverage, 1) $500,000 per occurrence, $1,000,000
aggregate or dedicated project limits with a deductible (if applicable) not to exceed $25,000.00 per claim (audited financial statements required). The certificate of insurance shall
reference any applicable deductible. 2) Claims made policy must have an extended period of two years or occurrence based policy. 3) Deductible program or Self Retention Program an Irrevocable
Letter of Credit or performance Bond for amount of SRI is required. Consultant shall also be required to provide and maintain, during the life of the Agreement, comprehensive automobile
liability insurance coverage for bodily injury and property damage in the minimum amount of $500,000.00 or each occurrence and $500,000.00 combined single limit. Such liability policy
of insurance shall designate the CITY as an additional insured and Consultant shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day cancellation
power. 4 of12 Agreement with Mellgren Planning Group Page 110 of 324
Consultant shall also provide CITY with proof that Consultant has workers’ compensation insurance in an amount, which satisfies the requirements of Florida Law, for any employee of the
Consultant. Consultant shall not commence work pursuant to this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the
CITY. Article 9 Termination The City may, for its convenience and without cause, terminate this Agreement by giving Consultant written notice at least thirty (30) days prior to the effective
date of the termination. Upon written notice of the termination, Consultant shall provide only those services and incur only those expenses specifically approved or directed in writing
by the City Manager. The City may, terminate this Agreement for cause immediately, and shall provide notice as soon as possible to Consultant. Consultant may terminate this Agreement
by giving the City at least thirty (30) days prior to the effective date of termination. In the event of termination or expiration of this Agreement, Consultant and City shall cooperate
in good faith in order to effectuate a smooth and harmonious transition from Consultant to the City or to any other person or entity the City may designate, and to maintain during such
period of transition that same services provide to the City pursuant to the terms of this Agreement. Consultant will take all reasonable and necessary actions to transfer all records,
etc. and data of the City in its possession in an orderly fashion to either the City or its designee in a hard copy and computer format. If either party terminates this Agreement, the
City shall only pay Consultant for the services provided through the date of termination. Article 10 Ownership All inventions, discoveries, deliverables, intellectual property, technical
communications and records originated or prepared by Consultant pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto
shall be owned by the City. Article 11 Modification/Amendment 5 of12 Agreement with Mellgren Planning Group Page 111 of 324
This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein.
No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with the same formality as this Document.
No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Article 12 Severability If any
term or provision of this Agreement shall to any extent be held invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby,
and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 13 Governing Law This Agreement shall be construed in accordance
with and governing by the laws of the State of Florida. Exclusive venue for any litigation shall be in Miami-Dade County, Florida. Article 14 Waiver The failure of either party to this
Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construes as a waiver
of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the City of any provision of this Agreement shall be deemed to be a waiver of any other
provisions hereof or of any subsequent breach by Consultant of the same, or any other provision or the enforcement thereof. The City’s consent to or approval of any act by Consultant
requiring the City’s consent or approval shall not be deemed to render unnecessary the obtaining of the City’s consent to or approval of any subsequent consent or approval of Consultant,
whether or not similar to the act so consented to or approved. Article 15 Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and
shall be deemed to have been properly given if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage
prepaid return receipt requested, or by Federal Express addressed to the parties at the following address: 6 of12 Agreement with Mellgren Planning Group Page 112 of 324
City: Consultant: Danny Crew, City Manager Michele Mellgren, AICP President City of Miami Gardens The Mellgren Planning Group, Inc. 1515 NW 167th Street #200 6555 Nova Drive Suite 305
Miami Gardens, FL 33169 Ft. Lauderdale, FL 33317 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the
other party in accordance with the provisions herein. Article 16 Independent Contractor Consultant is and shall remain an independent contractor and is not an employee or agent of the
City. Services provided by Consultant shall be by employees of Consultant and nothing in this Agreement shall in any way be interpreted or construed to deem said employees to be agents,
employees, or representatives of the City. Consultant shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status
or rights of its employees during the course of their employment with Consultant. The rights granted to Consultant hereunder are nonexclusive, and the City reserves the right to enter
into agreements with other persons or firms to perform services including those hereunder. Article 17 Assignment Subject to the provisions above, this Agreement shall not be assignable
by Consultant. Article 18 Prohibition Against Contingent Fees Consultant warrants that it has no employees or retained any Consultant or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), Consultant, corporation, individual or firm, other than a bond fide
employee working solely for Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article
19 Attorneys Fees Should any dispute arise hereunder, the City shall be entitled to recover against the Consultant all costs, expenses and attorney’s fees incurred by the City in such
dispute, whether or not suit be brought, and such right shall include 7 of12 Agreement with Mellgren Planning Group Page 113 of 324
all of such costs, expenses and attorney’s fees through all appeals or other actions. Article 20 Non-Discrimination Consultant agrees to comply with all local and state civil rights
ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975. Consultant will not discriminate
against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status or
status with regard to public assistance. Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Article 21 Conflict of Interest
Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.11, as amended, which is incorporated by reference herein as if fully
set forth herein, in connection with the Agreement conditions hereunder. 8 of12 Agreement with Mellgren Planning Group Page 114 of 324
Article 23 Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors,
legal representatives, heirs and beneficiaries, as applicable. Article 24 Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State
of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 25 Entire Agreement No statements, representations, warranties,
either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them.
The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed
by the parties hereto with the same formalities as this Agreement is executed. Article 26 Captions and Paragraph Headings Captions and paragraph headings contained in this Agreement
are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. Article 27 Joint
Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed
more severely against one of the parties that the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. Article 28 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Article 29 Exhibits
are Inclusionary 9 of12 Agreement with Mellgren Planning Group Page 115 of 324
All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this
form or attached hereto shall control all printed provisions in conflict therewith. The remainder of this page blank 10 of12 Agreement with Mellgren Planning Group Page 116 of 324
IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. WITNESSES: THE MELLGREN PLANNING GROUP, INC ____________________ By: ______________________
Print Name: Print Name ____________________________ ___________________________________ ATTEST: CITY OF MIAMI GARDENS _______________________ By:_______________________ Ronetta Taylor,
CMC Danny Crew City Clerk City Manager Date: _____________________ APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ______________________________ Sonja Dickens, City Attorney 11 of12 Agreement
with Mellgren Planning Group Page 117 of 324
12 of12 Agreement with Mellgren Planning Group Page 118 of 324
RFP#08-09-028 Page 1 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 City of Miami Gardens Scope of Services for Land Development Regulations/Zoning Code April
2009 SCOPE OF SERVICES 1. Introduction The Overall Focus of the Services to be provided by Consultant is to Provide a Zoning Code that Balances Existing, Conventional Areas and Future
Mixed Use/TOD/Corridor Development along Major Transportation Corridors. The City seeks to develop a code consistent with our award-winning Comprehensive Development Master Plan, which
emphasizes development, revitalization and beautification of our major transportation corridors, State Road 7/US Highway 441, NW 27th Avenue, and the Palmetto Expressway/SR 826. The
code needs to provide simple, modern, high quality zoning code requirements for City’s existing suburban areas. The code also needs to provide high quality development standards and
up-to-date mixeduse development standards, criteria, and incentives, especially for the corridors. 2. Deliverables • Public Involvement, Presentations and Program. The consultant will
be responsible for presentations at agreed upon public meetings/workshops. The consultant will prepare, and provide timely, fliers and handout related materials, as appropriate, for
such meetings. In general, the City will print materials, provide a compiled contact list from prior meetings, and implement advertising in newspapers. o Ad Hoc Zoning Code Review Group.
The City has assembled an informal group of lawyers, architects and residents to serve as a peer review group for the code. o Anticipated Meetings (minimum): City Staff: 3 not including
telephone conversations. Ad Hoc Zoning Code Review Group: 2 City Council: 3 public meetings • Ordinance Format and Microsoft Word Format. The Consultant shall prepare an Ordinance
for adoption for the City Council. Consultant shall utilize an ordinance outline hierarchy for proper code format with articles, sections, etc. While the outline provided herein includes
all known necessary components, the Consultant is responsible for recommending appropriate formatting and placement decisions, which will be approved by the City. In addition, to the
extent Consultant believes that additional sections should be added to the outline, Consultant shall discuss the same with City staff, and City staff will determine whether to include
the sections. Page 119 of 324
RFP#08-09-028 Page 2 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 In addition to being in Microsoft Word format, the code shall utilize Word Styles for each
paragraph so that the document will automatically renumber headings, subheadings, sub-subheadings, which will be tied properly to each other, etc. with the ability to automatically generate
a table of contents. Consultant shall review current document and recommend format with outline hierarchy. • Graphics. o In addition to graphic illustrations necessary for the Planned
Corridor Development Zoning District, Consultant shall provide a minimum of approximately 20-25 form-based graphic illustrations of basic site plans including but not limited to 2-dimensional
and 3-dimensional depictions, renderings, elevations, setbacks, heights, right-of-way and property lines, landscape depictions, appropriate labeling and graphic summary. At least
(1) one graphic illustration to depict zoning and related standards within each proposed zoning district. At least twenty (20) illustrations shall be provided as necessary and appropriate
in the code, especially for the following schedules: • General Definitions • Area and Dimensional Requirements for Buildings, Lots and Accessory Structures • Parking • Streetscape, Landscape,
Tree and Buffer Requirements • SUMMARY HANDOUT MATERIALS FOR RESIDENTIAL ZONES o Provide Three (3) User Hand-out Graphic Summaries of Area and Dimensional Requirements for Residential
Zoning Districts/Uses: Handout to include basic site plans for single family, duplex and town house uses similar to existing county brochures; lot coverage, building setbacks, accessory
structure setbacks/height for utility sheds, etc., canopy carport setbacks, pool setbacks, screen enclosure setbacks and fence/wall height. ZONING ORDINANCE OUTLINE Consultant shall
critically review the draft code and recommend improvements and refinements. The original outline contains two parts, Procedures (Administration) and Requirements (Standards). These
sections maybe redesignated as articles, chapters, etc. Part 1, Procedures provides the framework to implement the land development code. Its focus is procedures and processes. It also
includes responsibilities and the establishment of zoning districts. It is intended to be organized into “chapters.” Page 120 of 324
RFP#08-09-028 Page 3 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 Part 2, Requirements, contains the actual requirements, standards, and criteria. Permitted
uses within zoning districts, definitions, area and dimensional requirements, and other technical requirements such as parking, landscape and sign requirements are composed of “schedules”
for each subject area. RESPONSIBILITIES Primary responsibilities for developing code sections shall be as outlined below. The City will provide the various sections it is responsible
for to the Consultant in Microsoft Office format. The Consultant will compile, format and otherwise incorporate the cityprepared sections into the code. PART I: ADMINISTRATION AND PROCEDURES
PRIME RESPONSIBILITY PURPOSE AND APPLICABILITY CITY GENERAL PROVISIONS CITY AUTHORITY AND RESPONSIBILITIES CITY ADMINISTRATION AND ENFORCEMENT CITY ZONING DISTRICTS AND OFFICIAL ZONING
MAP CITY PUBLIC HEARING PROCESS AND NOTICE REQUIREMENTS CITY CRITERIA AND STANDARDS FOR PUBLIC HEARING REVIEW CONSULTANT QUASI JUDICIAL PROCEDURES CITY DEVELOPMENT REVIEW PROCESSES AND
PROCEDURES CITY STREET ADDRESS PROCEDURES AND REQUIREMENTS CITY CONCURRENCY REVIEW PROCESS CITY SUBDIVISION PROCEDURES CITY DEVELOPMENT AGREEMENTS CITY COMMUNITY DEVELOPMENT DISTRICTS
CITY PART II of Zoning Ordinance: Requirements DEFINITIONS CONSULTANT PERMITTED USES CONSULTANT AREA AND DIMENSIONAL REQUIREMENTS CONSULTANT Page 121 of 324
RFP#08-09-028 Page 4 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 FOR BUILDINGS, LOTS AND ACCESSORY STRUCTURES DESIGN CRITERIA CONSULTANT ADDITIONAL REQUIREMENTS
AND CRITERIA FOR SPECIFIC USES CONSULTANT LEVEL OF SERVICE STANDARDS FOR CONCURRENCY CITY PLANNED CORRIDOR DEVELOPMENT ZONING DISTRICT (evaluate for deficiencies, provide recommendations,
provide graphics) CONSULTANT SIGNS CITY PARKING CONSULTANT STREETSCAPE, LANDSCAPE, TREE AND BUFFER REQUIREMENTS CONSULTANT • ENVIRONMENTAL RESOURCE PROTECTION CITY • IMPACT FEES CITY
• WORKFORCE HOUSING CITY • MIAMI MODERN HISTORIC ARCHITECTURAL GUIDELINES CITY • NONCONFORMING USES AND STRUCTURES AND VESTED RIGHTS CONSULTANT • ALCOHOLIC BEVERAGE SALES AND ACTIVITIES
CITY • ADULT ENTERTAINMENT AND ALCOHOLIC BEVERAGE USES CITY • PUBLIC WORKS AND CONSTRUCTION STANDARDS AND REQUIREMENTS CITY • FLOODPLAIN REGULATIONS CITY SUMMARY HANDOUT MATERIALS CONSULTANT
Page 122 of 324
RFP#08-09-028 Page 5 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 PART I: ADMINISTRATION AND PROCEDURES1 CHAPTER I: PURPOSE AND APPLICABILITY • Title • Purpose
and Authority • Establishment of City Council as Land Development Regulation Commission • Legislative Purpose of Land Development Regulations (LDR)/Zoning Code – Quote Florida Statutes
• Consistency with Comprehensive Development Master Plan (CDMP) Required • Applicability • Objectives of Code – may paraphrase from the City’s Community Vision CHAPTER II: GENERAL PROVISIONS
• Materials Incorporated by Reference – All codes and ordinances of the City of Miami Gardens • Activities Requiring Permit • Establishment of Fees by Resolution of City Council – statement
that fees are established, updated, from time to time by city council by resolution • Repeal of Other Regulations – MD Zoning and Landscape Codes . . . and others • Adoption of Schedules
of Regulations • Severability • Effective Date • Administrative Definitions – A statement about common meaning of words; does NOT include land use or other definitions set forth in Schedules
CHAPTER III: AUTHORITY AND RESPONSIBILITIES • Purpose and Authority • City Council as the Elected Body • City Council as the Land Planning Agency – reference ordinance that designated
council as the LPA • Designation, Duties and Responsibilities of City Council as the Land Development Regulation Commission -per Florida Statutes 163 1 This Section outlines the various
sections to be included in the Code. Consultant will resolve all outstanding issues referenced herein with City staff. Page 123 of 324
RFP#08-09-028 Page 6 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 • Administrative Official of the Zoning Code: shall be the Development Services Director,
unless otherwise appointed by City Manager, who may then designate deputy administrative officials. • Development Review Committee (DRC) – composed of at least one representative of
the following: Planning and Zoning Department, Building Department, Code Enforcement Department, Police Department and Public Works Department. Other agencies or persons may be added
by the Administrative Official as may be deemed appropriate and in the interest of the City, including but not limited to the City Attorney. The Planning and Zoning Department shall
administer the DRC. CHAPTER IV: ADMINISTRATION AND ENFORCEMENT • Generally • Purpose and Authority • Development Permits • Appeals by Applicant • Enforcement of Development Orders •
Applications Initiated by the City • Rescinding Previously Approved Actions (By City) – The City desires to establish a provision similar to an existing Miami-Dade code provision that
allows the local government to take away special approvals that have not been constructed or otherwise acted upon. See MD Code 33-317. • Establishment of Fees by Resolution of City Council
• Applicant to Pay Expenses Associated with Application: In addition to base fee, require applicant to pay expenses and costs incurred by City, timely, at City’s request CHAPTER V: ZONING
DISTRICTS AND OFFICIAL ZONING MAP • Generally • Zoning Districts Defined – Below reflects districts proposed to date o R -6, Low Density Residential, Single Family, up to six (6) dwelling
units per acre (replaces basic SF zone, RU-1 at 7,500 Sq.Ft. lots, smaller lots to be permitted by special exception); o R -6D, Low Density Residential, Duplex, up to six (6) dwelling
units per acre (replaces existing duplex zone); o R -25, Medium-High Density Residential, Multiple Family, up to 25 (twenty-five) dwelling units per acre; o R -50, Medium Density Residential,
Multiple Multiple Family, up to 50 (fifty) dwelling units per acre; Page 124 of 324
RFP#08-09-028 Page 7 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 o PO, Professional Office: This is not in the code yet. The city needs a transitional zoning
district to consider substandard residential lots that convert to offices such as along 183 Street. o NC, Neighborhood Commercial, neighborhood-oriented commercial and office uses primarily
for neighborhood areas (this zone covers commercial development that is located in “Neighborhood” land use designation and NOT located in the “Commerce” designation); o PCD, Planned
Corridor Development, encourages mixed use development within the City’s major thoroughfare corridors consistent with the CDMP, emphasis on pedestrian, transit-oriented development,
restricts but does not prevent automotive uses; permits up to 25 (twentyfive) dwelling units per acre by right, over 25/a by special exception and CDMP consistency. Includes most areas
designated “Commerce” on FLUP, combines all commercial and office zones with Commerce areas, multiple family and other residential zones in Commerce areas, and certain industrial zones
along Palmetto Expressway; (Incorporates Miami Gardens Town Center Master Plan but not the current Town Center Zoning District.) o I -1, Industrial, wholesale and manufacturing uses;
o I -2, Industrial, wholesale and manufacturing uses, same as I-1 but includes adult entertainment; o PD, Planned Development, developments tied to a master development plans. (initially
include existing developments: Andover Village Park, Florida Memorial University, St. Thomas University, Calder Race Course, Dolphin Stadium DRI (Stadium portion only), Majorca Isles,
Riviera Park Inc. Mobile Home Park (City staff has compiled files on these and has placed as PD on the draft zoning map). • Interpretations of District Boundaries • Application of District
Regulations • Adoption of Official Zoning District Map – need wording for digital and hard copy zoning map for adoption and revisions. City staff will provide the zoning district map.
• Amendment of Zoning District Map – per FS; also, the City’s public hearing process. CHAPTER VI: PUBLIC HEARING PROCESS AND NOTICE REQUIREMENTS • Purpose and Authority • Public Hearing
Process • Pre-Application Conference – to be required • Application Acceptance Page 125 of 324
RFP#08-09-028 Page 8 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 • Schedule Hearing • Application Submittal Requirements • Principles and Guidelines – incorporate
list of same already provided as first page of the City’s public hearing application • Letter of Intent by Applicant – to include itemized list of required data and information • Checklist
items – See application • Fees • Sufficiency Review • Initial Mailed Notice – within 40 days after application is accepted; present and discuss alternatives with Council • Notice Requirements
– present and discuss alternatives with Council • Development Orders • Improvement Guarantees CHAPTER: CRITERIA AND STANDARDS FOR PUBLIC HEARING REVIEW • Generally • Comprehensive Development
Master Plan Amendment • Map Amendment • Text Amendment • Rezoning • Special Exception • Non-Use Variance • Conditions and Restriction • Proffered Covenants • Finality of Decision • Appeals
• Judicial Review CHAPTER: DEVELOPMENT REVIEW PROCESSES AND PROCEDURES • Development Plan Review -City staff. The DRC will review all significant new development. Page 126 of 324
RFP#08-09-028 Page 9 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 CHAPTER: STREET ADDRESS PROCEDURES AND REQUIREMENTS CHAPTER IX: CONCURRENCY REVIEW PROCESS
• Purpose and Authority • Concurrency Management Administrative Procedures • Exemptions • Criteria for Concurrency Review and Final Development Orders o Water and Sewer – Reference City
of North Miami Beach and Miami Dade County’s Water and Sewer Department, service area maps. o Parks o Stormwater • Capacity Reservation and Adopted Levels of Service • Contributions,
Dedications and Impact Fees Required • Proportionate Share o Transportation – consistent with Transportation Element policies of CDMP o School Concurrency – Primarily reference and/or
excerpt provisions of School Board Interlocal Agreement. Process to be consistent with existing Internet based system. CHAPTER X: SUBDIVISION PROCEDURES • Intent • Exemptions to Subdivision
Plan Review • Waiver of Plat • Tentative Subdivision Plan Review • Final Subdivision Plat Review • Submittal Requirements • Improvement Plan Review Procedures • Improvement Plan Requirements
• Bonding and Minimum Requirements for Installation of Improvements • Guarantee of Completion of Improvements • Master Plan Review • Master Plan Requirements • Recording of Final Plat
Page 127 of 324
RFP#08-09-028 Page 10 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 • Vacation of Plats • Replats and Re-subdivision • Vacation of Rights-of-Way and Easements
CHAPTER XI: DEVELOPMENT AGREEMENTS • Authorization • Application • Development Agreement Content • Development Agreement Review • Validity of Development Agreement • Effective Date of
Development Agreement • Recording of Development Agreement • Amendment or Modification or Cancellation of a Development Agreement • Periodic
Review of Development Agreement CHAPTER XIII: COMMUNITY DEVELOPMENT DISTRICTS The City reviews and approves/disapproves CDD’s which are then forwarded to Miami-Dade County for establishment.
The Code shall formally establish that procedure. A fee has already been established. PART II of Zoning Ordinance: requirements SCHEDULE: DEFINITIONS Defines how setbacks are measured,
yards, roof, density, floor area ratio, etc.; Includes detailed use definitions that tie to the Schedule of Permitted Uses; for example, example, specific uses included under the general
heading “Retail Sales and Services” includes a long list of uses. SCHEDULE: PERMITTED USES Table of land uses categories and zoning districts; identifies uses as either “P” permitted
by right, “SE” permitted by special exception (public hearing), or “blank space” not permitted within a given zone. Includes footnotes referencing schedules with specific criteria, standards,
additional requirements and conditions for specific uses. Add the PO, Professional Office zoning district as described above. SCHEDULE: AREA AND DIMENSIONAL REQUIREMENTS FOR BUILDINGS,
LOTS AND ACCESSORY STRUCTURES Page 128 of 324
RFP#08-09-028 Page 11 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 • Lot Size, Setbacks, Lot Coverage, Building Coverage, Density, Intensity (Floor Area Ratio)
• Uniform Building Setbacks for Major Transportation Corridors • Principal Buildings • Accessory Structures • Satellite Dish Antennas • Storage Buildings, Sheds, Utility Buildings, Carports,
Gazebos • Swimming Pool, Enclosures and Similar Structures • Walls and Fences • Parcels and Lots • Yards and Setbacks SCHEDULE: DESIGN CRITERIA • Site Planning and Building Arrangement,
General • State Road 7 – See existing guidelines SCHEDULE: ADDITIONAL REQUIREMENTS AND CRITERIA FOR SPECIFIC USES • Home Offices • Vehicular/Automotive Uses – Discourage roll-up doors
facing street. • Drive-Thru Facilities • Retail Sales and Services • Used Goods Sales – See special definitions already established. • Sidewalk Café • Outdoor Uses and Activities • Temporary
Construction Activities • Community Residential Homes • Family Group Homes • Day Care Facilities • Labor Pool Businesses • Junkyards • Etc. Page 129 of 324
RFP#08-09-028 Page 12 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 SCHEDULE: LEVEL OF SERVICE STANDARDS FOR CONCURRENCY • Reference level of service standards
set forth in Capital Improvements Element and Public Schools Facilities Element of the CDMP as well as service providers noted below. • Schools – As appropriate, reference Interlocal
Agreement with Miami-Dade County Public Schools • Transportation Concurrency Management Areas – In addition, reiterate that a “conventional” traffic analysis is required. • Potable Water
– Reference compliance with Miami-Dade County Water and Sewer Department and City of North Miami Water and Sewer Department requirements. • Sanitary Sewer -Reference compliance with
Miami-Dade County Water and Sewer Department and City of North Miami Water and Sewer Department requirements. • Solid Waste – Reference Miami-Dade County Solid Waste Management requirements.
• Stormwater Drainage – Reference requirements of Miami Gardens Public Works Department and Miami Dade County Department of Environmental Protection requirements. • Parks and Recreation
– Reference City of Miami Gardens Recreation and Parks Department requirements. SCHEDULE: PLANNED CORRIDOR DEVELOPMENT ZONING DISTRICT The original scope of the PCD is provided herein:
The Planned Corridor Development Zoning District is to be is a transit oriented, mixed use zone corresponding to the “Commerce” Designation in the Future Land Use Plan which covers the
City’s three major commercial/industrial highway/transit corridors: o SR7/US Highway 441 – see State Road 7 Livable Community Study o Palmetto Expressway/826 o NW 27th Avenue The intent
is to translate the locational and design standards and criteria established as policies in the plan, including criteria for density, intensity (floor area ratio), number of stories
and specific access criteria tied to roadway functional classification and intersections, into implementation zoning regulation. Various multiple family and commercial zoning districts
have been combined on the proposed zoning district map. Consistent with CDMP Objective 2.4, Smart Growth Principles, with associated policies, development of the PCDZ is supposed to
include the following: Page 130 of 324
RFP#08-09-028 Page 13 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 • Transit Oriented Amenities including pedestrian linkage facilities such as sidewalks,
bicycle parking, enhancements at proposed transit stations. • Landscape Design Standards – address where these standards should reside, here or in landscape requirements, plus differences
with Urban Overlay area at certain intersections • Adjacent Land Use Compatibility and Buffer Requirements • Building Orientation, Uniform Build-To and Other Building Setback Requirements
and Criteria coordinated with Street Type (corresponding to Functional Classification of Roadways per CDMP) • Step-back Height and Building Standards • Parking/Shared Parking Standards
• Density and Intensity Bonus Standards and Criteria • Building Fenestration Design Guidelines and Requirements • Green Building Criteria and Standards • Form-Based Graphic Illustrations
• MIAMI GARDENS TOWN CENTER: The MG Town Center Master Plan is incorporated into the Planned Planned Corridor Development zoning district, needs to be added as an appendix to that schedule.
SCHEDULE: SIGNS City to provide updated version. SCHEDULE: PARKING Draft needs to be revised, table does not reflect realistic residential requirements, need to fix “looks like a townhouse,
parking like an apartment” problem from MD code • Revise Off-Street Parking Requirements by Use accordingly • Shared Parking – Needed for mixed-use project, i.e., projects that combine
residential with ground floor commercial. • Joint Use of Parking Provisions • Bicycle Parking • On-Street Parking Requirements • Parking Lot Design Standards • Handicapped Access • Off-Street
Loading, Unloading and Service Areas Page 131 of 324
RFP#08-09-028 Page 14 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 SCHEDULE: STREETSCAPE, LANDSCAPE, TREE AND BUFFER REQUIREMENTS Revise to focus on corridors/major
thoroughfare treatment. • Emphasize Major Thoroughfare Treatment – See notes from meeting. o Royal Palms, 15’ grey-wood, plus shade trees or Foxtail palms or Greywood) if conflict with
power lines. o Sidewalks on major streets (all designated arterials and collectors as designated in the CDMP) shall be textured pavement. All development shall provide such pavement.
Include textured pavement for crosswalks at all driveways. Includes Palmetto Expressway frontage road – 167th Avenue. o Where City requires 10’ sidewalks (see SR-7 guidelines) City may
require palms within private 4’ strip of sidewalk to be placed into grates. • Stem walls (see Stadium Corners at 199&27), variable height, to buffer all parking and automobiles storage/display
areas from major streets. This softens the automobile impact and frames the street • • Irrigation Required • Walls, landscape, etc., between non-residential uses and single family, other
residential, between SF residential and MF residential, etc. • Provisions so that the City can require $ contributions for development for city streetscape and related improvements based
on a formula to be developed, reflect costs to streetscape/landscape . . . administered through Public Works Department. • Coordinate with the City’s Keep Miami Gardens Beautiful program
(in Public Works Department, Tsahai Codner) SCHEDULE: ENVIRONMENTAL RESOURCE PROTECTION • Aquifer Protection – The City has an interim ordinance, see attached, to incorporate • Well
field Protection – ditto above • Surface Water Bodies • Wildlife and Plant Species -see CDMP for list • Water Conservation – may be better placed with landscape irrigation requirements;
MD county recently adopted new conservation watering restrictions, private as well as for public median landscape • Mining and Mineral Extraction – requires special exception • Lake
Excavation and Creation – requires special exception Page 132 of 324
RFP#08-09-028 Page 15 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 • Historical and Archaeological Sites – Excludes MiMo • Solid Waste, Recycling and Hazardous
Waste • Dumpsters – city has dumpster requirements which have been incorporated SCHEDULE : IMPACT FEES • This is not yet included in the code. It needs to include: • Police Impact Fees
– The City collects them; Copy/Insert From Miami-Dade County • Park Impact Fees – The City collects them; Copy/Insert From Miami-Dade County • Fire – Miami-Dade County collects; Reference
Miami-Dade County, • Water – Miami-Dade County or North Miami Beach collect; reference • Sewer -Miami-Dade County or North Miami Beach collect; reference • Schools – Miami-Dade County
School Board collects, reference interlocal agreement and procedures, see Bhairvi Pandya, Senior Planner • Transportation – Miami-Dade County collects; reference SCHEDULE : WORKFORCE
HOUSING City to review draft and: • insure workability; • insure that the City’s Affordable Housing Advisory Committee’s recommendations contained in Resolution 2008-186-873 are incorporated/reflecte
d. SCHEDULE : MIAMI MODERN HISTORIC ARCHITECTURAL GUIDELINES Leave a space for this; Subject to ongoing development of a historic district; city working with Department of State to define
district within Sunshine State International Park (industrial park in back of Sunshine Arch); Design guidelines have been drafted and are available. This will involve City working with
property owners to establish a national register historic district, then develop a larger district and individual potential sites to apply design guidelines. SCHEDULE : NONCONFORMING
USES AND STRUCTURES AND VESTED RIGHTS • Basically follow MD Co • Be certain to include for regular zoning as well as specific provisions for adult entertainment (which may be better
placed with that section) Page 133 of 324
RFP#08-09-028 Page 16 of 16 Revised Scope and Responsibilities for LDR/Zoning Code April 2009 • Non-Conforming Uses – Generally, lawfully existing uses are to be grandfathered unless
otherwise provided; expand or modify by special exception/public hearing • Non-Conforming Structures – ditto • Non-Conforming Signs – see sign code • Non-conforming Lots – Allow construction
of a single-family dwelling with minimal non-conforming lot standards through administrative approval. • Vested Rights – Resolutions, Previously Issued Development Permits and Approved
Plans – Policy question: status of resolutions and other approvals, some built, some not, expand, modify, construct. Ex.: 3 years hence, approvals lapse, unless owner files for vested
rights with City and City approves per criteria. Should owners be allowed to file for vested rights after the 3-year period? Example: townhouse project with site plan approval and stipulations
by resolution, not built; SCHEDULE : ALCOHOLIC BEVERAGE SALES AND ACTIVITIES • City to to clean up and simplify the MD Code • Consultant and City need to verify that definitions are
consistent • This section is integrated with Adult uses. SCHEDULE : ADULT ENTERTAINMENT AND ALCOHOLIC BEVERAGE USES • Retain county’s regulations in the same industrial-zoned areas,
which are proposed as I-2. City to compile and simplify. This will require the City and Consultant to verify that Permitted Use Table, definitions and procedures reflect correct transfer
of these provisions to insure “no change.” SCHEDULE: PUBLIC WORKS AND CONSTRUCTION STANDARDS AND REQUIREMENTS • City staff will extract and provided digitally, portions of the Public
Works Department’s Procedure Manual • Reference to the Miami Dade County Public Works Manual for detailed construction criteria. SCHEDULE: FLOODPLAIN REGULATIONS • Use draft by the City’s
Floodplain Manager Page 134 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 22, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source:
General Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department:
Parks and Recreation Department /Youth Violence Prevention Program Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A CONTRACT WITH THE CHILDREN’S TRUST TO RECEIVE FUNDING IN THE AMOUNT OF FIVE HUNDRED SIXTY-ONE THOUSAND, SIX HUNDRED DOLLARS ($561,600.00) TO ASSIST THE MIAMI
GARDENS/OPA LOCKA VIOLENCE PREVENTION COALITION; AUTHORIZING THE CITY MANAGER TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH COMMUNITY GROUPS ENGAGED IN ACTIVITIES CONSISTENT WITH THE
COALITION’S MISSIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In 2007, a rash of senseless child murders motivated The Children’s Trust
to contract with the City of Miami Gardens to develop a coordinated and comprehensive effort to prevent youth violence. The result of this effort was the creation of the Miami Gardens/Opa‐locka
Violence Prevention Coalition (a collaborative partnership between several government and community based agencies throughout the Miami Gardens and Opa‐locka communities). The mission
of the Coalition is to create “a web of ITEM K-5) CONSENT AGENDA RESOLUTION Contract w/The Children's Trust Page 135 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 effective community solutions to empower and protect youth and families in Miami Gardens and Opalocka”. The primary
goals of the Coalition are to reduce child murder and youth violence/crime through prevention, intervention, law enforcement (community policing), community engagement and social marketing
strategies. During the first two years, program participants participated in a variety of violence prevention, family strengthening, life skills development, parenting education, and
other activities sponsored by the Coalition’s community‐based organizations. Specifically, during the second year of this contract, the Coalition has provided services to and/or engaged
399 young people and 198 adults. 2009‐10 is the third and (projected) final year of this contract, in which the Coalition plans to serve 500 youth and 150 adults, targeting youth who
are suspended from school and truants (major risk factors for youth violence/criminal activity). These youth and their families will have access to case management, youth development,
family strengthening, violence prevention and pre‐employment training/job placement services administered by the Coalition and partners. Additional community engagement/mobilization
activities will be sponsored by the Coalition to build public support for community‐wide violence prevention efforts. As the lead agency/fiscal agent for the contract, the City of Miami
Gardens plays a major role in the implementation, documentation and reporting of all Coalition program activities. The contract provides funding for four (4) FTE project staff who works
out of the Cloverleaf Park facility. Contract funding also supports the City’s Police Department (staff overtime for truancy sweeps), a Youth Police Academy, violence prevention training
for School Crossing Guard staff, and several community outreach events. Proposed Action: It is recommended that the Council approve this resolution to allow the City Manager to negotiate
and execute a contract with The Children’s Trust in the amount of $561,600 and to establish MOUs with community collaborators; thus allowing staff to proceed with enacting components
of the proposal. Attachment: Attachment A – Children’s Trust Letter of Service Authorization Attachment B – Children’s Trust Contract No. 925‐301 & Budget Page 136 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE CHILDREN’S TRUST
TO RECEIVE FUNDING IN THE AMOUNT OF FIVE HUNDRED SIXTY-ONE THOUSAND, SIX HUNDRED DOLLARS ($561,600.00) TO ASSIST THE MIAMI GARDENS/OPA LOCKA VIOLENCE PREVENTION COALITION; AUTHORIZING
THE CITY MANAGER TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH COMMUNITY GROUPS ENGAGED IN ACTIVITIES CONSISTENT WITH THE COALITION’S MISSIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2007, the Children’s Trust contracted with the City of Miami Gardens to develop a coordinated and comprehensive effort to prevent youth violence,
and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, the Miami Gardens/Opa Locka Violence Prevention Coalition (“Coalition”) was established between the City of Miami Gardens and Opa Locka
in an effort to create a web of effective community solutions to empower and protect youth and families in Miami Gardens and Opa Locka, and WHEREAS, the primary goals of the Coalition
are to reduce youth violence and crime through prevention, intervention, law enforcement, community policing, and other mechanisms, and WHEREAS, the Contract with the Children’s Trust
will end after the 2009-2010 Fiscal Year, and WHEREAS, since 2007, participants in the Program have participated in a variety of violence prevention, family strengthening, life skills
development, parenting education Page 137 of 324
and other activities sponsored by community-based organizations that contract with the Coalition, and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, this
year, the Coalition plans to serve 500 youth and 150 adults in an effort to steer them away from criminal activity, and WHEREAS, the City Council would like to authorize the City Manager
to negotiate and execute an agreement with the Children’s Trust for funding in the amount of Five Hundred Sixty-One Thousand, Six Hundred Dollars ($561,600.00) to assist the Coalition
with its goals and objectives, and would further like authorization for the City Manager to enter into memorandums of understanding with community-based organizations for this purpose,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby
ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby
authorizes the City Manager to negotiate and execute an agreement with the Children’s Trust for funding in the amount of Five Hundred Sixty-One Thousand, Six Hundred Dollars ($561,600.00)
to assist the Coalition with its goals and objectives, and further authorizes the City Manager to enter into memorandums of understanding with community-based organizations for this
purpose. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 138 of 324
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60
61 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 62 Mayor Shirley Gibson (Yes) ___(No) 63 Vice Mayor Barbara Watson (Yes) ___(No) 64 Councilman Melvin
L. Bratton (Yes) ___(No) 65 Councilman Aaron Campbell (Yes) ___(No) 66 Councilman Oliver Gilbert, III (Yes) ___(No) 67 Councilwoman Sharon Pritchett (Yes) ___(No) 68 Councilman André
Williams (Yes) ___(No) 69 70 71 SKD/teh 8434341_1.DOC Page 139 of 324
CONTRACT NO. 925-301 BETWEEN THE CHILDREN’S TRUST AND The City of Miami Gardens FOR Child Murder & Youth Violence Prevention 2009-10 THIS CONTRACT, made and entered into by and between
The Children’s Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and The City of Miami Gardens hereinafter referred to as the “Provider” whose address is 303
N.W. 191st Street, Miami Gardens, Florida, 33169 states the conditions and covenants for the rendering of services to children and families (hereafter referred to as "Services") for
The Children’s Trust. In consideration of the mutual covenants herein, The Children’s Trust and the Provider (sometimes hereafter referred to as “Parties”) agree as follows: A. EFFECTIVE
TERM The effective term of this Contract shall be from March 1, 2009 through January 31, 2010, subject to funding availability and Provider’s performance as expressly provided below.
B. TERMS OF RENEWAL, if applicable In the sole discretion of The Children’s Trust this Contract may be renewed twice and with the acknowledgement of the Provider. Renewal may not exceed
a term equal to the term of the initial contract, for a total maximum of three (3) terms. In considering the exercise of any contract renewal The Children’s Trust in its sole discretion
will consider, but is not limited to, the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the
services funded; 3. Program performance and fiscal compliance by the Provider that is deemed satisfactory in The Children’s Trust's sole discretion; and 4. The availability of funds
from The Children’s Trust. The Children’s Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension
provisions in the contract. 5. If applicable, The Children’s Trust in its sole discretion will initiate re-negotiation of this Contract before the contract term expires. C. SCOPE OF
SERVICES 1. Provider agrees to render services in accordance with the Scope of Services, Attachment A, to this Contract. Provider shall implement the Scope of Services, Attachment A,
in a manner deemed satisfactory to The Children’s Trust. Any modification to the Scope of Services shall not be effective until approved, in writing, by The Children’s Trust and the
Provider. 2. Provider agrees that all funding provided by The Children’s Trust, pursuant to this Contract will be used exclusively for Services in and for the benefit of Miami-Dade County
residents. D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $561,600. The Parties agree that
should available funding to The Children’s Trust be reduced, the amount payable under this Contract will be proportionately reduced at the sole option of The Children’s Trust, with a
proportionate reduction in the Services. Provider agrees to adhere to the Budget and Method of Payment outlined in Attachment B to this Contract. E. FISCAL MANAGEMENT 1. Double Payments
Provider costs or earnings claimed under this Contract may not also be claimed under another contract or grant from The Children’s Trust or, unless such claim is denied by The Children’s
Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract. City of Miami Gardens Page 1 of 40 Contract #925-301, Resolution 2009-32
Page 140 of 324
2. No Supplanting of Existing Public Funds The Children’s Trust funding may not be used by any provider as a substitute for existing resources or for resources that would otherwise be
available for children’s services, or to replace funding previously provided by and currently available from local and state funding sources for the same purpose. Government agencies
must certify that they have maintained their previous funding level when applying for additional funding from The Children’s Trust. A violation of this section shall be considered a
material breach of this Contract. 3. Use of Cost Allocation Methodology Provider attests that no other reimbursement is available or used for invoiced Services unless expressly authorized
in writing by The Children’s Trust. Provider shall develop and maintain a cost allocation methodology and a copy shall be submitted to The Children’s Trust. 4. Capital Equipment Capital
equipment is included in the definition of “property” under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 69I-73.001, and is defined for purposes of this Contract
as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Capital equipment purchased with Trust funds by Provider become assets of The
Children’s Trust; are intended for The Children’s Trust funded programs; are owned by The Children’s Trust; and must be tagged at the time of purchase as an asset of The Children’s Trust.
The Children’s Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased
with funds provided by The Children’s Trust. When Provider is no longer funded by The Children’s Trust, the equipment will be returned to The Children’s Trust for use by another funded
program unless it is fully depreciated. Provider must initiate return of such capital equipment to The Children’s Trust. Ownership of capital equipment will be transferred to Provider
and removed from The Children’s Trust’s fixed asset system if the capital equipment is fully depreciated and in the possession of Provider. 5. Assignments and Subcontracts Neither Provider
nor The Children’s Trust shall assign this Contract to another party. Provider shall not subcontract any Services contemplated under this Contract without prior written approval of The
Children’s Trust. Provider shall incorporate appropriate language from The Children’s Trust contract into its subcontract and shall require that all subcontractors providing services
be governed by the terms and conditions of this contract. All sub-contracted providers must agree to be monitored by or on behalf of The Children’s Trust in the same manner as Provider
under the terms of this contract. Provider shall be responsible for all services performed and all expenses incurred with this Contract, including services provided and expenses incurred
by any and all subcontractors. It is understood by Provider that The Children’s Trust shall not be liable to a subcontractor for any expenses or liabilities incurred under any subcontract
and Provider shall be solely liable under the subcontract. Provider agrees, at Provider’s sole expense, to hold harmless and defend The Children’s Trust against any such claims, demands
or actions related to any subcontract. In no event shall The Children’s Trust directly provide funds to any subcontractor. All payments to any authorized subcontractor shall be paid
directly by Provider to the subcontractor. 6. Religious Purposes Organizations and their faith-based community partners shall not use funds provided under this Contract to support inherently
religious activities, such as religious instruction, worship, or proselytization. 7. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided
by The Children’s Trust for lobbying any federal, state or local government or legislators. 8. Adverse Action or Proceeding Provider shall not utilize the funds provided under this Contract
or any other funds provided by The Children’s Trust to retain any legal counsel for any action or proceeding against The Children’s Trust or any of its agents, employees or officials.
City of Miami Gardens Page 2 of 40 Contract #925-301, Resolution 2009-32 Page 141 of 324
F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless
The Children’s Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its
officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations
and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits
or actions of any kind or nature in the name of The Children’s Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's
fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children’s Trust and its officers, employees, agents and instrumentalities from any
and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children’s Trust or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the
Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising from The Children’s Trust’s willful or wanton acts or omissions, or
those of its employees or principals. To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children’s Trust, where applicable, including appellate proceedings,
and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract
or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children’s Trust or its officers, employees, agents as
herein provided. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA/MATERIALS Where activities
supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children’s
Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others
acting on behalf of The Children’s Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data/materials so developed are
subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same,
will vest in the Provider or with any applicable third party who has licensed or otherwise permitted the Provider to use the same. Provider agrees to allow The Children’s Trust and others
acting on behalf of The Children’s Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to The Children’s Trust, provided that
such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY RIGHTS The Parties understand that this Contract
is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida Statutes,
the Provider retains sole ownership of intellectual property developed under this Contract. It is the responsibility of the Provider to pay all required licensing fees if intellectual
property owned by other parties is incorporated by the Provider into the services required under this Contract. Such licensing should be in the exclusive name of the Provider. Payment
for any such licensing fees or costs arising from the use of others’ intellectual property rights must be made by the Provider from funds available under this Contract City of Miami
Gardens Page 3 of 40 Contract #925-301, Resolution 2009-32 Page 142 of 324
As applicable under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other
harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party
and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT
AND REMEDIES 1. Breach A material breach by the Provider shall have occurred under this Contract if the Provider through action or omission causes any of the following: a. Fails to provide
the Services outlined in the scope of services (Attachment A) within the effective term of this Contract; b. Ineffectively or improperly uses The Children’s Trust funds allocated under
this Contract; c. Does not furnish the certificates of insurance required by this Contract or as determined by The Children’s Trust; d. Does not meet or satisfy the conditions of award
required by this Contract; e. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or fails to
submit or submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports; f. Does not submit or submits incomplete or incorrect required
reports pursuant to the scope of Services in this Contract; g. Refuses to allow The Children’s Trust access to records or refuses to allow The Children’s Trust to monitor, evaluate and
review the Provider's program, including required client data; h. Fails to comply with child abuse and incident reporting requirements; i. Attempts to meet its obligations under this
Contract through fraud, misrepresentation or material misstatement; j. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time;
k. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children’s Trust or any of its agencies; l. Fails to maintain the confidentiality of client files,
pursuant to Florida and federal laws; m. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract; n. Fails
to comply with Background Screening, as required under this Contract. Waiver of 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 Contract. o. Remedies If the Provider breaches this Contract, and fails to cure such breach within thirty (30) days after receiving
written notice from The Children’s Trust identifying the breach, The Children’s Trust may pursue any of the following remedies: The Children’s Trust may, at its sole discretion, enter
into a written performance improvement plan with the Provider to cure any breach of this Contract as as may be permissible under state or federal law. Any such remedial plan shall be
an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, and any judgments entered by a court of appropriate
jurisdiction. The Children’s Trust may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective
date thereof, at least five business days before the effective date of suspension. On the effective date of suspension the Provider may (but shall not be obligated to) continue to perform
the services provided for in this Contract, but the Provider shall promptly cease using The Children’s Trust’s logo and any other reference to The Children’s Trust in connection with
such services. All payments to the Provider as of this date shall cease, except that The Children’s Trust shall continue to review and pay requests for payment for services that were
performed and/or for deliverables that were substantially completed at the sole discretion of The Children’s Trust, prior to the effective date of such suspension. If payments are suspended,
The Children’s Trust must specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for City
of Miami Gardens Page 4 of 40 Contract #925-301, Resolution 2009-32 Page 143 of 324
compliance. The Children’s Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children’s Trust and the Provider by providing separate
written notice to the Provider of each such suspension and specifying the effective date thereof, which must be at least five business days before the effective date of such suspension,
in any event The Children’s Trust shall continue to review and pay requests for payment as provided for in such other contracts for services that were performed and/or for deliverables
that were substantially completed at the sole discretion of The Children’s Trust prior to the effective date of such suspension. The Provider shall be responsible for all direct and
indirect costs associated with such termination including reasonable attorney’s fees. The Children’s Trust may terminate this Contract by giving written notice to the Provider of such
termination and specifying the date thereof at least five (5) business days before the effective date of termination. In the event of such termination, The Children’s Trust may (a) request
the Provider to deliver to The Children’s Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by the Provider with
Trust funds under this Contract subject to the rights of the Provider thereto as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly
paid to the Provider under this Contract; (c) terminate further payment of Trust funds to the Provider under this Contract, except that The Children’s Trust shall continue to review
and pay requests for payment for services that were performed and/or deliverables that were substantially completed at the sole discretion of The Children’s Trust prior to the effective
date of such termination; and/or (d) terminate or cancel any other contracts entered into between The Children’s Trust and the Provider by providing separate written notice to the Provider
of each such termination and specifying the effective date thereof, which must be at least five business days before the effective date of such termination, in which event The Children’s
Trust shall continue to review and pay requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed
at the sole discretion of The Children’s Trust prior to the effective date of such termination. The Provider shall be responsible for all direct and indirect costs associated with such
termination, including reasonable attorney’s fees. The Children’s Trust may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate
jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including reasonable attorney's fees, costs, and any judgments entered
by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys’ fees through conclusion of all appellate proceedings, and including any final
settlement. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. J. INSURANCE REQUIREMENTS Except as required by Florida law for government
entities, Provider shall provide to The Children’s Trust within 30 days of contract execution, Certificates of Insurance or, as applicable, a letter of self-insurance indicating coverage
applicable to a Florida municipal corporation or written verification (binders) required under this section or as determined by The Children’s Trust. The Children’s Trust shall be named
as an additional insured as their interest may appear on all applicable policies. As a condition of the execution of the contract, The Children’s Trust will not disburse any funds until
The Children’s Trust is provided with the necessary Certificates of Insurance, letter of self-insurance or written verification (binders) and The Children’s Trust has approved such documents.
The Children’s Trust shall have the rights to review said certificates or letters and if applicable, reasonably require updating of types and amounts of coverage provided upon any renewal
of this Contract. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Worker’s Compensation Insurance for all employees and non-incorporated
independent contractors and or consultants of the Provider, as required by Florida Statutes, Chapter 440. The employer’s liability portion will be $500,000/$500,000/$500,000 as a minimum.
2. Comprehensive General Liability insurance in an amount not less than $500,000 combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding
$ 1,000 are discouraged, unless Provider can provide financials to support a higher deductible. The Children's Trust City of Miami Gardens Page 5 of 40 Contract #925-301, Resolution
2009-32 Page 144 of 324
must be designated and shown as an “Additional Insured as Their Interest May Appear” with respects to this coverage. The general liability policy must contain coverage for the following:
a. Bodily Injury; b. Property Damage; c. No exclusions for Abuse, Molestation or Corporal Punishment; d. No endorsement for premises only operations. 3. If applicable, Special Events
Coverage, as determined by The Children’s Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability and The Children’s Trust
must be designated and shown as “Additional Insured as Their Interest May Appear.” Special Events policies are for short term functions and not meant to replace annual liability policies.
The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 4. Automobile liability coverage for all owned and/or leased
vehicles of the Provider and non-owned coverage for their employees and /or sub-contractors transporting program participants. The amount of coverage is $1,000,000 combined single limit
per occurrence for bodily injury and property damage. The Children’s Trust must be designated and shown as an “Additional Insured as Their Interest May Appear” with respects to this
coverage. Coverage can be purchased as non-owned without hired auto coverage, but rental cars can not be used in the course of the Provider’s regular operations. Rental cars may be used
for travel to attend conferences outside the tri-county area. 5. Automobile liability coverage for all owned and/or leased vehicles of the Provider and non-owned coverage for their employees
and /or sub-contractors not transporting program participants. The minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury and property damage.
The Children's Trust must be designated and shown as an “Additional Insured as Their Interest May Appear” with respects to this coverage. Coverage can be purchased as non-owned without
hired auto coverage, but rental cars can not be used in the course of the Provider’s regular operations. Rental cars may be used for travel to attend conferences outside the tri-county
area. 6. If applicable, Professional Liability insurance, as determined by The Children’s Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per
claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children’s Trust is not required to be named as
an Additional Insured. 7. If applicable, Proof of Property Coverage is required when the Provider has capital equipment paid for by The Children’s Trust and said capital equipment is
under the care custody and control of the Provider. The Children’s Trust must be shown on the evidence of property coverage as a Loss Payee. Certificate holder must read: The Children’s
Trust 3150 SW 3rd Avenue, 8th Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under
the laws of the State of Florida, with the following qualifications: The company must be rated no less than “B” as to management, and no less than “Class V” as the financial strength,
by the latest edition of Best’s Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children’s Trust’s
Risk Management Division, or The company must hold a valid Florida Certificate of Authority as shown in the latest “List of All Insurance Companies Authorized or Approved to Do Business
in Florida” issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. The Provider shall notify The Children’s Trust, in writing, of any material
changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date except for ten
(10) days for lack of payment changes. In the event of any change in the Provider's Scope of Services, Attachment A, The Children’s Trust may increase, waive or modify, in writing any
of the foregoing insurance requirements. Any request by a Provider City of Miami Gardens Page 6 of 40 Contract #925-301, Resolution 2009-32 Page 145 of 324
to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children’s Trust prior to any such decrease, waiver or modification. In
the event that an insurance policy is canceled during the effective period of this Contract, The Children’s Trust shall withhold all payments from the Provider until a new Certificate
of Insurance or written verification (binders) of insurance required under this section is submitted and approved by The Children’s Trust. The new insurance policy shall cover the time
period commencing from the date of cancellation of the prior insurance policy. The Children’s Trust may require the Provider to furnish additional and different insurance coverage, or
both, as may be required from time to time under applicable federal or state laws. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or
waiver of any claim, cause of action or assessment that The Children’s Trust may have against the Provider for any liability of any nature related to performance under this Contract
or otherwise. All insurance required hereunder may be maintained by the Provider pursuant to a master or blanket policy or policies of insurance. K. PROOF OF TAX STATUS Provider is required
to keep on file the following documentation for review by The Children’s Trust. The Internal Revenue Service (I.R.S.) tax status determination letter; The most recent (two years)
I.R.S. form 990 or applicable tax return filing within six (6) months after the Provider's fiscal year end or other appropriate filing period permitted by law; If required by applicable
law to be filed by the Provider, IRS 941 -quarterly federal tax return reports within thirty-five (35) calendar days after the quarter ends and if the 941 reflects a tax liability, proof
of payment must be submitted within sixty (60) calendar days after the quarter ends. L. NOTICES All notices pursuant to this Contract shall be in writing and sent by certified mail to
the addresses for each Party appearing on the first page of this Contract, and in the case of notices to The Children’s Trust, marked to the attention of its President and CEO. It is
each Party’s responsibility to advise the other Party in writing of any changes in name, address and/or telephone number. M. AUTONOMY Both Parties agree that this Contract recognizes
the autonomy of, and stipulates or implies no affiliation between, the contracting parties. It is expressly understood and intended that Provider is only a recipient of funding support
and is not an agent or instrumentality of The Children’s Trust, and that Provider's agents and employees are not agents or employees of The Children’s Trust. N. RECORDS, REPORTS, AUDITS
AND MONITORING 1. Accounting records Provider shall keep accounting records which conform to generally accepted accounting principles. All such records will be retained by Provider for
not less than five years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received and appropriate audits have been
submitted to and accepted by the appropriate entity. However, if any audit, claim, litigation, negotiation or other action involving this Contract or Modification hereto has commenced
before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular
retention period, which ever is later. 2. Financial audit Within 180 days of the close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual Financial Audit
performed by an independent audit firm of all its corporate activities and any accompanying management letter(s) or report(s) on other matters related to internal control, for each year
during which this Contract remains in force and until all funds expended from this Contract have been audited. This audit shall be conducted in accordance with auditing standards generally
accepted in the City City of Miami Gardens Page 7 of 40 Contract #925-301, Resolution 2009-32 Page 146 of 324
United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. If Provider receives a combined total of
$300,000 or more from The Children's Trust from this or any other The Children's Trust contract, related to the fiscal year under audit, the Provider agrees to have a program-specific
audit relating to The Children's Trust contracts, in addition to the annual financial audit of the Provider’s entire organization. This program-specific audit is to encompass an audit
of The Children's Trust contract amounts and requires: • Submission of: (a) schedule of total expenditures, reflecting expenditures during the audit period for each The Children's Trust
contract by contract number, (b) summary of schedule of prior audit findings, (c) disclosure of any significant finding(s) relating to The Children's Trust contract(s), (d) disclosure
of all questioned costs and liabilities due to The Children’s Trust, with a reference to the contract contract number involved, and (e) a recommendation for a corrective action plan
on any finding; • Report whether the schedule of expenditure(s) is fairly stated; • Provide notes to the schedule of expenditures that describe the significant accounting policies used
in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; • Report whether the provider has internal controls in place to provide reasonable
assurance of compliance with The Children's Trust applicable contractual requirements and on the reliability of financial operations. Format of report is provided in Attachment D. A
provider that does not meet the program-specific audit threshold requirement of a combined total of $300,000 or more from The Children's Trust, in the fiscal year being audited, will
be exempt from the program-specific audit requirement in the fiscal year that the audit threshold is not met. Providers that are required to have a single audit conducted under OMB Circular
A-133, Audit of States, Local Government and Non-Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit the schedule of expenditures pertaining
to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan when the schedule of findings and questioned costs prepared by the independent
auditor discloses audit findings. In the event that the independent auditor does not disclose audit findings, Provider shall provide written notification to The Children’s Trust that
an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Contract;
and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children’s Trust provided. Audit extensions may
be granted in writing by The Children’s Trust, after proper approval has been obtained from The Children’s Trust’s Finance Department, upon receipt in writing of such request with appropriate
justification by the Provider. 3. Access to records The Children’s Trust reserves the right to require Provider to submit to an audit by an auditor of The Children’s Trust's choosing
at The Children’s Trust’s expense. Provider shall provide access to all of its records which relate to this Contract at its place of business during regular business hours. Provider
agrees to provide such assistance as may be necessary to facilitate their review or audit by The Children’s Trust to insure compliance with applicable accounting and financial standards,
including access by The Children’s Trust or its designee, to Provider's independent auditor's working papers for complying with federal, state or local requirements. 4. Monitoring Provider
agrees to permit The Children’s Trust personnel or contracted agents to perform random scheduled and/or unscheduled monitorings, reviews, and evaluations of the program which is the
subject of this Contract Contract including any subcontracts under this Contract using The Children’s Trust approved monitoring tools. The Children’s Trust or contracted agents shall
monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the Contract. Provider shall permit The Children’s Trust or contracted agents to conduct
site visits, client interviews, client assessment surveys, fiscal/administrative review and other techniques deemed reasonably necessary in The Children’s Trust's sole discretion to
fulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period of time specified in
the report. City of Miami Gardens Page 8 of 40 Contract #925-301, Resolution 2009-32 Page 147 of 324
5. Client Records Pursuant to Florida Statute 119.071(5), The Children’s Trust collects the social security numbers of child participants of funded programs and services for the following
purposes: (a) to research, track and measure the impact of The Children’s Trust funded programs and services in an effort to maintain and improve such programs and services for the future
(individual identifying information will not be disclosed); (b) to identify and match individuals and data within and among various systems and other agencies for research purposes.
The Children’s Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each child/family served. This file shall include all
pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics),
service plans, outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the audit and inspection
requirements under this Contract, subject to applicable confidentiality requirements. All such records will be retained by the Provider for not less than five calendar years after the
participant is no longer enrolled.
Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 6. Internal Documentation/Records Retention Provider agrees to maintain and provide
for inspection to The Children’s Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees
which include hiring records, background screening results, job descriptions, and evaluation procedures; (2) authorized time sheets, records, and attendance sheets to document the staff
time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training modules;
(5) pre and post session questionnaires; (6) participant consent and information release forms; (7) agency policies and procedures; and (8) such other information related to Service
provision as described in Attachment A; all upon request by The Children’s Trust. Provider shall retain all records for not less than five years beyond the last date that all applicable
terms of this Contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by the appropriate entity. 7. Confidentiality
Provider and The Children’s Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information
and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws
on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner.
The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party’s attorneys), or to any employee of such Party
who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with
respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault
of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e)
is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or
is otherwise required to be disclosed by law. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. 8. Security
Obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using in the performance of this Contract. This includes, but is
not limited to, approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of
Provider. O. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract 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. City of Miami Gardens Page 9 of 40 Contract #925-301, Resolution 2009-32 Page
148 of 324
P. GOVERNING LAW & VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws
provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be
submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida. Q. EMPLOYEE BACKGROUND SCREENING In accordance with Sections
943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or
who come into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of
Law Enforcement (FDLE), VECHS Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of
Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards
indicating the person has successfully completed a Level 2 screening will be accepted. In addition, an Attestation of Good Moral Character must be completed annually for each employee,
volunteer, and subcontracted personnel who work in direct contact with children. The Provider shall re-screen each employee, volunteer and/or subcontractor every five years. R. CHILDREN
WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children’s Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy
of The Children’s Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding
anything to the the contrary, the Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by the Provider.
S. REGULATORY COMPLIANCE 1. Non-discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of the Provider on the basis of race, color,
gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific
target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that
respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. Provider
agrees to abide by Chapter 11A of the Code of Miami-Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII
of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended,
which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of
disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly
understood that upon receipt of evidence of discrimination under any of these laws, The Children’s Trust shall have the right to terminate all or any portion of this Contract. If Provider
or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation
will be a material breach of this Contract and The Children’s Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public
Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed
on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children’s Trust, may not submit
a bid on a contract with The Children’s Trust for the construction or repair of a public building or public City of Miami Gardens Page 10 of 40 Contract #925-301, Resolution 2009-32
Page 149 of 324
work, may not submit bids on leases of real property to The Children’s Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract
with The Children’s Trust, and may not transact any business with The Children’s Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two
purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and
recovery of all monies paid hereto, and may result in debarment from The Children’s Trust’s competitive procurement activities. 3. Conflict of Interest Provider represents that the execution
of this Contract does not violate Miami Dade County’s Conflict of Interest and Code of Ethics Ordinance, www.miamidade.gov/ethics/library/Ethics-Brochure-2005.pdf and Florida Statutes
§112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout
the course of this Contract and in connection with its obligations hereunder. 4. Compliance with Sarbanes-Oxley Provider shall comply with the following provisions of the Sarbanes-Oxley
Act: • Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. • Provider agrees not to punish whistleblowers or retaliate
against any employee who reports suspected cases of fraud or abuse. 5. Licensing The Provider shall obtain and maintain in full force and effect during the term of this Contract any
and all licenses, certifications, approvals, insurance, permits and accreditations, required by the State of Florida, Miami-Dade County, The Children’s Trust or the federal government.
6. Proof of Policies Provider shall keep on file copies of its policies on non-discrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free
workplace. 7. Incident Reporting Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the
Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96-ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both the Provider and its
employees. Provider shall complete an incident report in the event of any serious bodily injury to anyone within the scope of this Contract or arising out of the performance of this
Contract. Provider shall provide written notification of the incident together with a copy of the incident report to The Children’s Trust within three (3) working days after Provider
is informed of such incident. Provider shall provide written notification to The Children’s Trust, within seven (7) days, if any legal action which is filed as a result of such an injury.
8. Sexual Harassment Provider shall complete an incident report in the event a client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider
employee arising out of the performance of this Contract and the Provider has knowledge thereof. Provider shall provide written notification to The Children’s Trust within three (3)
business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children’s Trust, within seven (7) business days, if any legal action
which is filed as a result of such an alleged incident. T. CONSENT Demographic and service information on program participants will be provided to The Children’s Trust as part of The
Children’s Trust’s research mission. Provider will ask participants to sign a voluntary Consent to Photograph and for Communications. The form is available in English, Spanish, and Creole
and must be downloaded from www.thechildrenstrust.org. All signed Consent forms will be submitted to the Contract Manager, with a copy filed in the participant's record. Any refusal
of consent must be properly documented and signed by the parent or legal guardian on the Consent form. Provider will exercise its best efforts to have each program participant's contact
information is current and updated upon exiting the program. City of Miami Gardens Page 11 of 40 Contract #925-301, Resolution 2009-32 Page 150 of 324
U. PROGRAMMATIC DATA REPORTING Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children’s Trust and described
in Attachment C to this contract, Programmatic Data Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children’s Trust with
quarterly program narrative reports in the format to be reasonably specified by The Children’s Trust. V. PUBLICITY Provider agrees that events funded by this Contract shall recognize
The Children’s Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children’s Trust for the
support of all contracted activities. The use of the official The Children’s Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives,
when inquiring with the Provider about the activities funded by this Contract, are informed that The Children’s Trust is a funding source. Provider shall distribute a press release announcing
that it has been awarded funding by The Children’s Trust. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children’s Trust’s website.
W. PUBLICATIONS Provider agrees to supply The Children’s Trust, without charge, up to three copies of any publication developed in connection with implementation of programs addressed
by this Contract. Such publications will state that the program is supported by The Children’s Trust. Provider agrees that The Children’s Trust will have use of copyrighted materials
developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication
source, Provider shall include The Children’s Trust logo and the following paragraph in all materials featuring programs funded by The Children’s Trust, including but not limited to
newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public: English: The Youth Violence Prevention Coalition
of the Cities of Miami Gardens and Opa Locka is funded by The Children's Trust. The Children’s Trust is a dedicated source of revenue established by voter referendum to improve the lives
of children and families in Miami-Dade County. Spanish: Youth Violence Prevention Coalition of the Cities of Miami Gardens and Opa Locka está financiado por El Fidecomiso de los Niños
(The Children's Trust). El Fidecomiso de los Niños es una fuente de financiación, establecida por referendum para mejorar las vidas de niños y familias en el Condado de Miami-Dade. Kreyol:
Youth Violence Prevention Coalition of the Cities of Miami Gardens and Opa Locka finanse pa “The Children's Trust”. Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom
pou ke' li investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children’s Trust represents only a percentage of the Provider’s
overall funding, the above language can be altered to read “The (organization) is funded in part by The Children’s Trust…” City of Miami Gardens Page 12 of 40 Contract #925-301, Resolution
2009-32 Page 151 of 324
X. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract.
Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires.
Y. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment
A: Scope of Services Attachment B: Budget & Method of Payment Attachment C: Reporting Requirements Attachment D: Financial Audit and Financial Report Requirements Attachment E: Performance
Improvement Plan, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any
provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements
of applicable law. The City of Miami Gardens The Children’s Trust MIAMI-DADE COUNTY, FLORIDA By: __________________________ by: ___________________________ (Signature of Authorized Representative)
Modesto E. Abety, President/CEO ___________________________ Type or Print Name Date: _______________________ Date: _________________________ Approved as to form and legal sufficiency
________________________________ Date: _________________________ County Attorney This contract is not valid until signed by both parties THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT
BLANK City of Miami Gardens Page 13 of 40 Contract #925-301, Resolution 2009-32 Page 152 of 324
ATTACHMENT A: Scope of Services City of Miami Gardens Page 14 of 40 Contract #925-301, Resolution 2009-32 Page 153 of 324
ATTACHMENT A Scope of Services – Child Murder Youth Violence Contract No: 925-301 Agency Name: The City of Miami Gardens Program Name: Youth Violence Prevention Coalition of the Cities
of Miami Gardens and Opa Locka (The Coalition) Contract Amount: $561,600 1. Program Summary: The Child Murder and Youth Violence Prevention Initiative is a combined effort of the City
of Miami Gardens, the City of Opa-locka, and several non-profit service providers (Coalition ‘Partners’) that serve youth and families in Miami Gardens and Opa-locka. This group of various
entities formed and represents the Youth Violence Prevention Coalition (YVPC). The Coalition’s mission is: “Creating a web of effective community solutions to empower and protect youth
and families in Miami Gardens and Opa-locka”. The primary objective of the Coalition is to reduce child murder and youth violence/crime through prevention, intervention, law enforcement
(community policing), community engagement and collaboration strategies. This initiative specifically engages at-risk youth, ages 10-18 (22 with disabilities), and their families. These
youth and families are at-risk based on identified risk factors, including: 1) individual characteristics (low academic achievement or failure; truancy; poor social skills, including
persistent disruptive, aggressive, and negative behavior in school); 2) family-functioning factors (family conflict – domestic violence, poor family management skills, poor role models);
3) peer influence (friends who engage in problem behavior, gang activity); and, 4) community and societal influences (poverty and discrimination; social acceptance of, or “look the other
way” attitudes toward drug use, weapon use, minor crime, and teen sex and pregnancy; availability and easy access of drugs, alcohol, and weapons; and, low neighborhood or community attachment).
While a majority of the young people participating in the initiative will simultaneously possess individual, family, peer and community risk factors, not all youth entering the program
will be dominated by negative influences. By virtue of socio-economic statistics, all participants face community and societal negative risk factors. Some youth, however, may possess
positive individual and family factors, and serve as a positive role model for their peers. The Coalition will also seek to identify and engage some young people and their families who
can serve as a countervailing force against negative factors promoting violence and crime, and build on community assets/strengths. In 2009-2010, the Coalition will serve 500 youth,
targeting youth who are suspended from school and truants (major risk factors for youth violence/criminal activity). These youth will be referred to the Coalition from various entry
points. These include (but are not limited to) the schools, community-based organizations (including Coalition partner organizations), social service agencies, faith-based organizations,
law enforcement, and community residents. All youth referred for program enrollment will be processed through a centralized intake system. City of Miami Gardens Page 15 of 40 Contract
#925-301, Resolution 2009-32 Page 154 of 324
75 out of the 500 participants will receive intensive case management services. These youth will meet the initial program criteria of: 1) living in the cities of Miami Gardens or Opa-locka;
2) between the ages of 10-18 (and 22 with disabilities); and, 3) one of the following risk factors -a) attending a school in the service area; b) have 3 or more unexcused absences from
school; c) have been suspended from school; and/or, d) are engaged in a high-risk behavior (including a history of substance, domestic violence and/or gang activity) may. These youth
and their family, referred for case management services, will receive a thorough assessment, individualized service plan, and referral to an appropriate service provider(s), based on
their specific need(s). Youth not referred to case management services will participate in various youth development, violence prevention and community engagement/mobilization activities
administered by the Coalition and partners. Approximately 125 will also receive information and referral navigation services. The Coalition’s partners include organizations that have
the experience, expertise and infrastructure to provide an array of services, ranging from early prevention to deep intervention. Through a set of diverse contractual and non-contractual
relationships (including both direct reimbursement and fee-based arrangements), the Coalition will provide a wide range of activities for youth and families. Additionally, the Coalition
will plan and facilitate a series of non-service activities (including rallies, meetings, forums, and social marketing initiatives) aimed at engaging and mobilizing other (non-program
youth/families) community residents/stakeholders to create new community norms, expectations and culture based on peace, security and opportunity for all. The overall goals for Year
3 of the project include the following: The Coalition will fully implement a case management system, targeting suspended school youth and truants who are not yet considered candidates
for ‘deep-end’ services, but who are potentially at-risk for immediate criminal and/or violent behaviors. The City of Miami Gardens and Youth Violence Prevention Coalition will focus
on infrastructure development (program management, coalition development) and a strategic plan will be developed to guide the Coalition’s future work. The Coalition will implement
a fee for service sub-contract arrangement for direct services provided by Coalition partner organizations. Community Policing will expand to include a victim/child advocate position.
The City of Miami Gardens will work collaboratively with The Children’s Trust to convert the Child Murder/Youth Violence Initiative into a Service Partnership. 2. Program Schedule
(limit to 50 words): This is the final year of a three-year an implementation contract. The program year dates are March 1, 2009 -January 31, 2010. 3. Target Population (Include numbers
in table and a narrative description of participant characteristics, including ages, geography, disabilities, etc.): Population Total number of unduplicated participants (describe population
below the table) Children/Youth 500 Parents/Primary Caregivers 175 Other community stakeholders 60 City of Miami Gardens Page 16 of 40 Contract #925-301, Resolution 2009-32
Page 155 of 324
The focus area is Miami Gardens and Opa-locka (zip codes 33054, 33055, 33056 and 33169). Participants include at-risk youth ages 10-22, their families, and concerned residents and stakeholders.
The area is 68.17% Black (African/Caribbean-American), 26.93% Hispanic and 4.9% non-Hispanic White. Miami Gardens per capita income is $12,600 with 16.5% below poverty, compared to $21,587
nationally and Opa-locka is $9,538 with 35.2% below poverty. Poor economic conditions are linked to school problems. In the Coalition’s targeted middle schools, 35% of students (compared
to 45% county-wide) read at grade level. Moreover, suspensions are an inflated 58% (compared to 36.9% of the district’s middle schools). The middle school truancy rate is 17.2% (compared
to 12.2% for the district). Referrals to drop-out prevention programs are over 50% of high school students in the two cities. Truancy and suspensions are predecessors to arrests. The
Miami-Dade School Police Department made the 3rd largest number of juvenile arrests in this area in 2006. In 2009-2010, the Coalition will primarily target youth who are suspended from
school and/or truants for program participation. In addition, as a counterbalancing force, some youth involved in community leadership programs will be enrolled in the initiative. All
of these youth will almost exclusively be middle-and high-school students. 4. Service Locations: Provider Name Site Name Address City State Zip Code City of Miami Gardens (CMG) Cloverleaf
Park (Project Administration/Case management Office) 303 191st Street Miami Gardens FL 33054 City of Miami Gardens Police Department Community Policing, Truancy Sweeps, Child Advocacy
1020 NW 163rd Drive Miami Gardens FL 33169 City of Opalocka Police Department Community Policing Ballentine 2495 Ali Baba Ave Opa-locka FL 33054 City of Opalocka (COL) Crime Prevention
Program 2495 Ali Baba Avenue Opa-locka FL 33054 Community Crusade Against Drugs (CCAD) Community Crusade Against Drugs 11380 NW 27th Avenue, Room 3240 Miami FL 33167 Concerned African
Women Concerned African Women 1505 NW 167th Street, Suite 101 (Meetings and Forums are also held at various locations throughout the City of Miami Gardens including libraries, parks,
& community centers). Miami Gardens FL 33169 Informed Families Various schools within Miami Gardens and Opa-2490 Coral Way Miami FL 33145 City of Miami Gardens Page 17 of 40 Contract
#925-301, Resolution 2009-32 Page 156 of 324
locka Portrait of Empowerment Youth Prevention Circle 780 Fisherman Street, Suite 328 Opa-locka FL 33054 Project MPACT Project MPACT 16050 NW 42nd Avenue Miami Gardens FL 33055 Teen
Upward Bound Teen Upward Bound 3869 NW 125th Street, Suite 110 Opa-locka FL 33054 Youth Coop Youth Coop Opalocka Service Center 780 Fisherman Street, Suite 130 Opa-locka FL 33054 Project
MPACT American Senior High School 18350 NW 67 Ave. Hialeah FL 33015 Project MPACT COL Carol City High School 3422 NW 187th St Miami Gardens FL 33056 Project MPACT COL Youth Coop Hialeah
Miami Lakes 7977 W 12 Ave Hialeah FL 33014 Project MPACT Jann Mann Opportunity 16101 NW 44th Ct. Miami Gardens FL 33054 Project MPACT Lake Stevens Middle School 18484 NW 48th Pl. Miami
Gardens FL 33055 CMG Life Skills Center 3400 NW 135 St. Opa-locka FL 33054 Project MPACT Miami Carol City Middle School 3737 NW 188th St Miami Gardens FL 33055 Portrait of Empowerment
Nathan B. Young Elem. 14120 NW 24TH Ave. Opa-locka FL 33054 Portrait of Empowerment CCAD North Dade Middle School 1050 NW 195th St Miami Gardens FL 33169 CMG Parkway Middle School 2349
NW 175th St Miami Gardens FL 33055 Project MPACT COL Norland Senior High School 1050 NW 195th St Miami Gardens FL 33169 CMG Norland Middle School 1235 NW 192nd Terrace Miami Gardens
FL 33169 Portrait of Empowerment Westview Middle 2101 NW 127th St Miami FL 33167 Service Delivery: TYPE 1 ACTIVITIES (3 or more contacts with participants) In Year 3, the Coalition will
develop a menu of services using
Best Practices based on a fee for service concept and contracts with providers will be based on utilization. Activities/Service Name & Description (Include frequency, length & duration
of sessions, as well as the number of cycles expected to be offered) Provider Name Total # unduplicated participants to be served (specify if children/youth, parents or others) Minimum
# participa nts to be served (guideline is no less than 85% of total) Expected Dosage: Minimum # of sessions a participant will complete Core Strategy Area – Service Service Integration
City of Miami Gardens Page 18 of 40 Contract #925-301, Resolution 2009-32 Page 157 of 324
Primary Service Activities -Case Management Youth and families will be referred by schools, law enforcement, faith and community-based agencies. They will be engaged in screenings
and assessments to determine needs for services. Families will be included in assessments and the development of Individual Case Plans (ICP). They will receive assistance with referral
needs & resources, and case monitoring. Information & Referral/Navigation Assessment, referral, information, and follow-up services for suspended school youth and truants (including
their families). Youth Violence Prevention Coalition/City of Miami Gardens Police Department Youth Violence Prevention Coalition/City of Miami Gardens Police Department 75 Youth 75 Adults
(Parents/Caregivers) 125 Youth 75 Adults (Parents/Caregivers) 63 Youth 63 Adults (Parents/Caregivers) 106 Youth 63 Adults (Parents/Caregivers) 3 Sessions 3 Sessions Core Strategy Area
– Community Policing & Law Enforcement Primary Service Activities – School Crossing Guard Conflict Resolution Training Three 1-hour Conflict resolution/violence prevention training
sessions (1 per month for 3 months) for City Crossing Guard staff. Youth Police Academy 25 hour (total) training program for Eagle Scout certification (2.5 hours per session x 10
sessions). Training conducted by Police Department staff, in weekly/bi-weekly meetings, over 6 month period. Community service activities & field trips included in program. Youth Violence
Prevention Coalition City of Miami Gardens Police Department 40 Other 15 Youth 34 Other 13 Youth 3 out of 3 sessions 5 out of 10 sessions Core Strategy Area – Best Practices Service
Delivery Primary Service Activities – Out-of-School Suspension Program Full-day life skills, behavioral counseling, academic support for youth referred by schools for 3-day to 10-day
out-of-school suspension. City of Opalocka 50 Youth 43 Youth 3 out of 10 sessions City of Miami Gardens Page 19 of 40 Contract #925-301, Resolution 2009-32 Page 158 of 324
9 hours of training (3 weekly sessions at 3 hours per session) for 50 program participants. Youth Violence Prevention/Conflict Resolution Training National Crime Prevention Council
training program focused on life skills and violence prevention. 9 hours of training (3 weekly sessions at 3 hours per session) for 75 program participants. Family/Parenting Strengthening
Creating Lasting Family Connections training program for parents of youth involved in case management, information/referral, and out-ofschool suspension activities. 16 hours of
training (delivered in 2 8-hour sessions, or 4 4-hour sessions), targeting 74 participants and their parents/caregivers. Pre-Employment, Job-Readiness Training/Summer Job Placement
Employability skills training program and job placement assistance (summer & afterschool) for youth involved in case management, information/referral, and out-ofschool suspension activities.
Ten 2-hour sessions over 3 month period for 50 program participants. Portrait of Empowerment Concerned African Women, Community Crusade Against Drugs, Youth Co-op, Project MPACT,
Teen Upward Bound Youth Co-op, Project MPACT 75 Youth 75 Youth 75 Parents/Caregivers 50 Youth 63 Youth 63 Youth 63 Parents/Caregiver s 43 Youth 3 out of 3 sessions 3 out of 5 sessions
5 out of 10 sessions Core Strategy Area – Governance Primary Service Activities – Coalition Learning Circle 10 1-hour discussion sessions/site visits/group learning activities, over
10-month period, targeting Coalition leadership (Board & staff). (Site visits may include: Juvenile Assessment Center, youth detention facility, hospital emergency room, and other relevant
sites.) Youth Violence Prevention Coalition 15 Other 13 Other 4 out of 10 sessions City of Miami Gardens Page 20 of 40 Contract #925-301, Resolution 2009-32 Page 159 of 324
TYPE 2 ACTIVITIES (less than 3 contacts with participants): Activities/Service Name & Description (Include frequency, length & duration of sessions) Provider Name Total # participants
to be served (specify if children/youth, parents or others) Total # of sessions to be offered by provider across cycles and sites Core Strategy Area – Community Policing & Law Enforcement
Primary Service Activities – Juvenile and Gang Unit Truancy Sweeps (Daily activity during weekdays from 9 am to 5 pm; 6 additional hours of police officer patrols/outreach each week;
1 sweep unit = 3 hours). Neighborhood Crime Watch Summit (1-day conference/community forum, 6 hours long, involving 24 Miami Gardens & Opa-locka neighborhood crime watch councils)
City of Miami Gardens Police Department Youth Violence Prevention Coalition 75 Youth 25 Other 2 sweeps (sessions for total of 6 hrs./week) per week for 40 weeks 1 full day session Core
Strategy Area – Civic and Community Outreach, Engagement and Mobilization Primary Service Activities – Community Forums – Community-wide convening activities designed to engage and mobilize
community support for Coalition initiatives, including: Parenting Workshops o (2 community meetings providing parenting skill resources and information) Faith-based Dialogues o
(Public meetings with leaders and congregation members of 5 major religious institutions in Miami Gardens & Opa locka; one 2-hour meetings every 2 months for 10 months) Senior Citizen
Discussions o (Crime prevention information meetings for senior community residents; 5 Youth Violence Prevention Coalition 150 Youth 50 Parents/Caregivers 200 Others 18 events City of
Miami Gardens Page 21 of 40 Contract #925-301, Resolution 2009-32 Page 160 of 324
sessions in program year) Mayor’s Summit o (Full day conference, held once a year) Public Hearings on School Suspensions o (Open hearings for parents, students and school stakeholders;
3 sessions held over a 1-month period) CMG Jr. Council “Stop the Violence’ Rally o (Full day community-wide rally held once a year) Father’s Day/“Take Back the Streets” Rally for
Peace o (Full day community-wide rally held once a year) Core Strategy Area – Service Integration Emergency Assistance (EA) Financial support based upon need, determined by assessment.
If determined that EA such as help with the electrical bill, water and sewer bills, rent, food, furniture, etc., is needed this will be integrated into the Family Plan and accompany
an Emergency Assistance Request(ERP). This ERP will be codified in a contract been the parent/family and the Coalition. Documentation that all other sources were exhausted prior to making
the ERP, along with the community and/or family contribution will also be documented. The request will be brought before a committee made up of the parent, care coordinator, project
director, and finance department representative to determine the amount assistance provided. Final approval will be made by the Project Director and/or Asst. City Manager. Emergency
assistance is limited to $150 per family and is one-time only. Violence Prevention Coalition 75 Families (Youth/Adult) 1 City of Miami Gardens Page 22 of 40 Contract #925-301, Resolution
2009-32 Page 161 of 324
TYPE 3 ACTIVITIES (Other deliverables that are not direct services): Activities Name & Description Provider Name Count /Number Core Strategy Area – Community Policing & Law Enforcement
Primary Service Activities – Community Policing Outreach Campaign Coalition will serve as primary outreach partner for Cities of Miami Gardens & Opa-locka participation in countywide
firearms reduction (Gun Bounty) and state-wide antiunderage drinking campaigns. Youth Violence Prevention Coalition/City of Miami Gardens & City of Opa-locka Police Departments 5 outreach
efforts/events Core Strategy Area – Public Awareness Media Campaign Primary Service Activities – Anti-Violence Social Marketing Campaign (Video and radio (HOT 105, 99 JAMS) ads highlighting
anti-violence messages by local performing artists – Comcast and Cox Communications; weekly antiviolence radio show production – Gospel 1490 AM) (Advertisements in Miami Herald and
community newspapers for major community engagement programs) (Text messaging campaign to youth residents) Youth Violence Prevention Coalition/City of Miami Gardens 10 media transactions
(video, radio, print, text) Core Strategy Area – Governance Primary Service Activities – Evaluation Services (Monthly compilation and St. Thomas University (Simple Quarterly (4) and
Year-end (1) City of Miami Gardens Page 23 of 40 Contract #925-301, Resolution 2009-32 Page 162 of 324
analysis of Coalition program data and production of outcomes performance reports; evaluation capacity building consultation for Coalition partner organizations) Solutions) outcomes
data report/analysis 6. Performance Measures: Service Provision Outcomes: The Coalition has identified several outcomes which will be of focus in Year 3 (as reflected below). Other individual
provider outcomes will be determined during the contract negotiation phase. Outcomes Outcome Indicators Measurement Tool Timing (when will tools be administered) Associated Activities
(from Service Delivery) Decrease negative, aggressive, or high-risk behaviors 80% of youth will reduce negative behaviors related to substance use, peer relations and conflict resolution.
Pre & posttests (Aggressive & Problem behavior assessment tools, referred by Children’s Trust staff) At beginning and following intervention Pre-Employment/Job Readiness Training/Job
Placement Program Violence Prevention/Conflict Resolution Training Program Out-of-School Suspension Program Youth Police Academy Improve Parenting Skills and Effectiveness 80%
of parents will report improved communication with child. Parent Surveys (To be prepared by STU) At beginning and following intervention Family strengthening programs Community
Forums Father’s Day Rally Expand Civic engagement and community involvement 80% of community residents will report increased perception of a safer community Community Surveys (To
be prepared by STU) At beginning and following intervention Community Policing Social Marketing Community Forums City of Miami Gardens Page 24 of 40 Contract #925-301, Resolution
2009-32 Page 163 of 324
7. Staff Qualifications: Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education
or a combination thereof, to adequately and competently perform the duties, obligations and Services set forth in the Scope of Services (Attachment A) and to provide and perform such
Services to The Trust’s satisfaction. # & Status FT/PT Position (specify staff, volunteer or subcontractor) Qualifications: Required, Education & Experience Duties F/T (2) Care Coordinator/Child
Advocate Master’s Degree or min. 5 years experience in working with at-risk/in crisis adolescents and families; experience in developing case plans and coordinating services with multiple
agencies; knowledge of community services. Receive all intake forms requesting services; conduct initial screening and assessment; assign case to most appropriate service provider (s);
staff case with other health and human services agencies/professionals, involved including police departments; develop individual case plan; provide follow up services to ensure service
provision. F/T Intake/Data Coordinator AA Degree preferred; must be proficient with Excel and other database systems; experience in tracking and monitoring program/individual client
activities; knowledge of community services. Responsible for entering program data including all demographic profile information into Trust’s system; following up with providers to collect
their data; monitoring provider performance against invoices. F/T Project Director Masters Degree preferred; experience in project management; building coalition; building and improving
programs; social marketing; excellent communication skillswritten and verbal. Responsible for overall administrative, programmatic and governance of the project. City of Miami Gardens
Page 25 of 40 Contract #925-301, Resolution 2009-32 Page 164 of 324
ATTACHMENT B: Budget & Method of Payment City of Miami Gardens Page 26 of 40 Contract #925-301, Resolution 2009-32 Page 165 of 324
ATTACHMENT B FISCAL REQUIREMENTS, BUDGET & METHOD OF PAYMENT Advance payment requests The Children’s Trust offers advance payments up to 15% of the total contract amount. Advance requests
shall be limited to governmental entities and not-for-profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request is to include the amount requested
and the justification. Advance payment requests must be submitted using the designated form and must be approved in writing by The Children’s Trust's Contract Manager and Chief Financial
Officer or their designee(s). Advanced funds if not used shall be invested by the provider in an insured interest bearing account, in accordance with subsection 216.181 (16) (b), F.S.
Interest earned on advanced funds shall be returned to The Children’s Trust on a quarterly basis or applied against the amount of the contract owed by The Children’s Trust. Advance payment
Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or charged to the advanced funds using the reporting “invoice” form provided by
The Children’s Trust. If the “invoice” amount is less than the amount advanced, The Children’s Trust will deduct the difference from the next applicable monthly payment request. Provider
may request, in writing, an extension of the repayment of the advance. A fiscal need must be clearly demonstrated and substantiated by the Provider in order for an extension request
to be considered by The Children’s Trust. Budget revisions Budget revision(s) require prior written approval from the Contract Manager and The Children’s Trust’s Chief Financial Officer
or their designee(s). Request for budget revisions must be submitted to the Contract Manager using the appropriate form, as determined by The Children’s Trust. The Provider must request
a budget revision to add, delete, and/or modify any line item(s). Budget revisions can not exceed the contracted amount. Budget revisions will be incorporated into the Contract. Indirect
Administrative Costs In no event shall The Children’s Trust fund indirect administrative costs in excess of ten (10%) percent of the total contract award. Cost Reimbursement Method of
Payment The parties agree that this is a cost reimbursement method of payment contract; the Provider shall be paid in accordance with the approved budget and/or approved budget revision
as set forth in this Attachment. Invoice Requirements The Provider shall submit an original request for payment, in the format prescribed by The Children’s Trust and in accordance with
the approved budget or approved budget revision. The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred
(exclusive of legal holidays or weekends). The Children’s Trust agrees to reimburse Provider on a monthly billing basis. The Children’s Trust reserves the right to request any supporting
documentation. A final request for payment (last payment) from the Provider will be accepted by The Children’s Trust up to forty-five (45) days after the expiration of this Contract.
If Provider fails to comply, all rights to payment shall be forfeited. If The Children’s Trust determines that Provider has been paid funds not in accordance with this Contract, and
to which it is not entitled, Provider shall return such funds to The Children’s Trust or submit appropriate documentation to support the payment. The Children’s Trust shall have the
sole discretion in determining if Provider is entitled to such funds in accordance with this Contract and The Children’s Trust’s decision on this matter shall be binding if in accordance
with this Contract. City of Miami Gardens Page 27 of 40 Contract #925-301, Resolution 2009-32 Page 166 of 324
If the Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the Contract, The Children’s Trust may amend the Contract to reduce the
amount of dollars. Any delay in amendment by The Children’s Trust is not deemed a waiver of The Children’s Trust’s right to amend or seek reimbursement for under-serving participants
in accordance with the Contract. In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests for payment must comply with the requirements
set forth in this Contract and must be submitted on the forms as prescribed by The Children’s Trust. Requests for payment and/or documentation returned to Provider for corrections may
be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. The Children’s Trust shall pay Provider within thirty (30) calendar days of receipt
of Provider’s properly submitted Request for Payment and/or other required documentation. In the event that Provider, its independent auditor or The Children’s Trust discovers that an
overpayment has been made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification from The Children’s Trust. The Children’s Trust shall retain
any payments due until all required reports or deliverables are submitted and accepted by The Children’s Trust. Supporting Documentation Requirements Provider shall keep accurate and
complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any Service covered by this Contract, and shall
make all such records available to The Children’s Trust upon request. The Provider shall maintain records documenting actual expenditures and services provided according to the approved
budget and scope of services as required. City of Miami Gardens Page 28 of 40 Contract #925-301, Resolution 2009-32 Page 167 of 324
[SUBSTITUTE THIS PAGE WITH THE AGENCY BUDGET] City of Miami Gardens Page 29 of 40 Contract #925-301, Resolution 2009-32 Page 168 of 324
[SUBSTITUTE THIS PAGE WITH THE PROGRAM BUDGET] City of Miami Gardens Page 30 of 40 Contract #925-301, Resolution 2009-32 Page 169 of 324
City of Miami Gardens Page 31 of 40 Contract #925-301, Resolution 2009-32 Page 170 of 324
City of Miami Gardens Page 32 of 40 Contract #925-301, Resolution 2009-32 Page 171 of 324
City of Miami Gardens Page 33 of 40 Contract #925-301, Resolution 2009-32 Page 172 of 324
City of Miami Gardens Page 34 of 40 Contract #925-301, Resolution 2009-32 Page 173 of 324
City of Miami Gardens Page 35 of 40 Contract #925-301, Resolution 2009-32 Page 174 of 324
City of Miami Gardens Page 36 of 40 Contract #925-301, Resolution 2009-32 Page 175 of 324
ATTACHMENT C: Reporting Requirements City of Miami Gardens Page 37 of 40 Contract #925-301, Resolution 2009-32 Page 176 of 324
ATTACHMENT C Program/Initiative Programmatic Data Reporting Requirements Contract No. 925-301 Agency name: The City of Miami Gardens Program name: Youth Violence Prevention Coalition
of the Cities of Miami Gardens and Opa Locka The Provider shall submit to The Children's Trust individual participant demographics, attendance, additional output information, and outcome
data, as noted in the Scope of Service (Attachment A). Reporting will include direct submission of information into the electronic web-based reporting application (Data Tracker), as
well as standard paper reports, as noted below. DEMOGRAPHICS, ATTENDANCE & OTHER OUTPUTS (electronic reporting in Data Tracker; requires attendance at training and user login) Activities
with 3 or more contacts with the same participant will enter: • Participant Demographics (including all the items noted below), shall be entered within seven (7) days of entry into the
program. All participant demographics shall be updated on an ongoing basis if and when new information is collected. • Participant Attendance shall be entered by the fifteenth (15th)
day of the month following the end of each month, exclusive of legal holidays or weekends. Activities with less than 3 contacts per participant: • Dates, number served, and locations
(address and zip code) for each service activity delivered. • Monthly updates on the status or percent achieved toward other products or materials noted in the Scope of Service. Demographics
required for CHILD/YOUTH participants with 3 or more contacts: • Is participant a parent, child, or other? • Participant’s Name (last, first, middle initial) • Parent’s Name (last, first,
middle initial) • Street Address, City, and Zip Code • Gender (male, female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White,
Other) • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) • Additional/Other language(s) spoken (English, Spanish, Haitian Creole, Other) • Child’s Social Security
# • Child’s Miami-Dade County Public Schools ID Number • Current Grade Level • Current School • Does child have a Health Insurance? (yes/no) • Does child have a Disability? (yes/no)
• Documentation of Disability (Individualized Family Service Plan, Individualized Education Plan, Section 504 Plan, Medical diagnosis, Other) • If Disabled, what type? [Autism Spectrum
Disorders, Chronic Medical Condition, Developmental Delay, Emotional and/or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental retardation), Learning
Disability, Physical Disability, Speech/Language Impairment, Visual Impairment (or blind), Other] • Is participant involved with the Dependency System (e.g., DCF, Our Kids, full case
management agencies, dependency and family courts) or Delinquency System (e.g., DJJ, Juvenile Services Department, diversion/Civil Citation programs)] (Optional Field) • Voluntary Consent
Responses (Photography Y/N, Mailing List Y/N, Communication Y/N, and Release & Waiver Y/N) City of Miami Gardens Page 38 of 40 Contract #925-301, Resolution 2009-32 Page 177 of 324
Demographics required for PARENT/CAREGIVER and OTHER participants with 3 or more contacts: • Is participant a parent, child, or other? • Number of Children in their Care (for Parents/Caregivers
only) • Name of the Children in their Care (for Parents/Caregivers only) • Date of Birth of the Children in their Care (for Parents/Caregivers only) • Participant’s Name (last, first,
middle initial) • Street Address, City, and Zip Code • Gender (male, female) • Date of Birth • Race (American Indian/Alaska Native, Asian, Black/African American, Pacific Islander, White,
Other) • Ethnicity (Hispanic, Haitian, Other) • English Proficiency (yes/no) • Additional/Other language(s) spoken (English, Spanish, Haitian Creole, Other) • Adult’s Highest Grade Completed
• Is participant involved with the Dependency system (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) or Delinquency system (e.g., DJJ, Juvenile Services
Department, diversion/Civil Citation programs)] (Optional Field) • Voluntary Consent Responses (Photography Y/N, Mailing List Y/N, Communication Y/N, and Release & Waiver Y/N) OUTCOMES
& NARRATIVE REPORTS (Paper Reporting -Excel and Word Documents) • Outcomes Measurement and Results (Excel spreadsheet reports customized for each program/provider, based on current contract
Scope of Service)—due monthly by the 15th of each month for the previous month. • Quarterly Program Narrative Report (using standard Word document format provided by The Trust) captures
a BRIEF report of successes, challenges and supports needed—due quarterly by the 15th of the month following the end of the quarter. SCHEDULE OF REPORTS DEADLINES Required Report Reporting
Frequency Due Date Outcomes Measurement and Results (Excel) Monthly By 15th of each month for the previous month Data Tracker Electronic Reporting of Demographics, Attendance, and other
outputs Monthly By 15th of each month for the previous month Quarterly Program Narrative Report (Word) Quarterly For March, April, & May – DUE June 15 For June, July, & August – DUE
September 15 For September, October, & November – DUE December 15 For December & Janruary – DUE February 15 The provider shall create and/or update annually their agency and program
profiles in the Community Resource Directory maintained by Switchboard of Miami to facilitate referrals to Children's Trust-funded services. Evidence that the profile(s) have been created
or updated must be provided to the Contract Manager within 30 days of execution of this contract. City of Miami Gardens Page 39 of 40 Contract #925-301, Resolution 2009-32 Page 178 of
324
City of Miami Gardens Page 40 of 40 Contract #925-301, Resolution 2009-32 Attachment D Financial Audit and Financial Report Requirements The auditor's report(s) as to the program specific
audit shall state that the audit was conducted in accordance with the program specific audit requirements listed in The Children’s Trust contract and include the following: An opinion
(or disclaimer of opinion) as to whether the financial statement(s) of the provider is presented fairly in all material respects in conformity with the stated accounting policies; An
opinion (or disclaimer of opinion) as to whether the schedule of expenditures is presented fairly in all material respects in conformity with the stated accounting policies; A report
on internal control related to The Children's Trust contract, which shall describe the scope of testing of internal control and the results of the tests; A report on compliance which
includes an opinion (or disclaimer of opinion) as to whether the auditee complied with laws, regulations, and the provisions of contract(s) with The Children's Trust which could have
a direct and material effect on the program; and A schedule of findings and questioned costs for The Children's Trust contract that includes a summary of the auditor's results relative
to The Children's Trust and findings and questioned costs. Page 179 of 324
GENERAL INFORMATION Organization Name: Agency Fiscal Year: Program Title: AGENCY BUDGET % of Agency Budget 81.4% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 18.6% 0.0% 0.0% 0.0% 100.0% Areas in Blue
to be completed by the Agency City of Miami Gardens October 1 to September 30 (for example: July 1 to June 30) Federal Grants In-Kind Contributions 128,440.00 State Grant Foundations/Charitable
Funds 128,440.00 Cash/Fees/Other Revenue Trust Other Funding Miami-Dade County Grants(Local) Miami Gardens/Opa-locka Youth Violence Prevention Coalition Agency Source of Funding 561,600.00
561,600.00 Program Budget Agency Budget Trust Grant Amount Requested Total Budget $ 690,040.00 $ 690,040.00 Attachment B, Contract #925-301, Resolution #2009-32 29 Rev 1/09 Page 180
of 324
Contract Period: 11 months Areas in Blue to be completed by the Agency PROGRAM BUDGET SALARIES: % Amount % Amount Annualized Salary (for contract period) (11 mths) 76,638.80 100% 76,638.80
0.00 $80,000 per year ($38.46 per hour x 40 hrs. week) x 19 weeks + salary increase to $85,000 per year ($40.87 per hour x 40 hrs. week) x 29 weeks 41,158.00 100% 41,158.00 0.00 $42,000
per year ($20.19 per hour x 40 hrs. week) x 17 weeks + salary increase to $46,000 per year ($22.12 per hour x 40 hrs. week) x 31 weeks 27,302.40 100% 27,302.40 0.00 $27,000 per year
($12.98 per hour x 40 hrs. week) x 17 weeks + salary increase to $31,000 per year ($14.90 per hour x 40 hrs. week) x 31 weeks 31,500.00 100% 31,500.00 0.00 $42,000 per year ($20.19 per
hour x 40 hrs. week) x 9 months (est. 5/1/09 start date) 0.00 0.00 0.00 0.00 Full-Time Total 4.00 176,599.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 Part-Time Total 0.00 0.00 0.00 0.00 4.00 $176,599.20 .00 $0.00 3/1/09 -1/31/10 TOTAL FTEs/SALARIES List Full-Time Employees Data Entry/Administrative
Asst. Child Advocate/Care Coordinator Program Director Care
Coordinator List Part -Time/Seasonal Employees Justification Requested Funding Position City of Miami Gardens Matching Funds City of Miami Gardens Attachment B, Contract #925-301, Resolution
#2009-32 30 Rev 1/09 FRINGE BENEFITS Fica/Mica Rate: 7.65% 13,509.84 0.00 W-Comp's Rate: 5.00% 8,829.96 0.00 Unemploy Rate: 3.00% 840.00 0.00 Retirement Rate: 9.85% 17,395.02 0.00 Florida
Retirement System contribution for 4 FTE at 9.85% x total annual salary ($8126.55 -Director), ($4334.24 -Care Coordinator), ($2856.03 -Data Entry/Admin. Asst.), ($3275.13 -Child Advocate)
Other Specify & provide calculations Health Ins. Cost per Staff 424.62 (3 FTE) 17,409.42 0.00 ($424.62 x 11 mo. x 3 for Project Director, Care Coordinator & Data Entry/Admin. Asst.)
($424.62 x 8 mo. for Child Advocate) Life Ins. Rate: 355.50 0.00 Project Director = $14.40 mo. * 11 mos. ($158.40 total); Care Coord. & Child Advocate = $7.56 ea. per mo. * 11 & 9.5
mos., respectively ($154.98 total); Data Entry/Admin. Asst. = $4.86 mo. * 11 mos. ($53.46 total) Rate: 0.00 0.00 TOTAL FRINGE BENEFITS $58,339.74 $0.00 Cost Cost 11,546.00 0.00 Local
auto travel (14,700 miles x $.55 per mi./$8085 total) for 4 staff members (Project Director -150 mi./wk. x 48 wks. = 7200 mi.; Care Coordinator -75 mi./wk. x 48 wks. = 3600 mi.; Child
Advocate -75 mi./wk. x 36 wks. = 2700 mi.; Data Entry/Admin. Asst. -25 mi./wk. x 48 wks. = 1200 mi.). Conference attendance -1. Youth Crime Watch of America -$1461 total = 2 staff x
(3 nights lodging (@$150/night) + mileage (450 mi. @.55 mi.) + tolls ($25 total) + meals (4 days x $36 day x 2); 2. National Institute of Justice, Arlington VA, 5/09 -$1000 total (1
staff x 3 nights lodging (@$187/night) + airfare/taxi ($295) + meals (4 days x $36 day); 3. Coalition for Juvenile Justice, Crystal City VA, 5/09 -$1000 total (1 staff x 3 nights lodging
(@$187/night) + airfare/taxi ($295) + meals (4 days x $36 day). 2,475.00 Field trips -$1,350 Youth Police Academy ($45 per bus hour x 1 bus x 5 hours x 6 trips); Coalition Learning Circle
$450 ($45 per bus hour x 1 bus x 5 hours x 2 trips); $675 CMG Junior Council ($45 per bus hour x 1 bus x 5 hours x 3 trips) 7,258.15 2,500.00 Community Forums -15 proposed events (where
meals served) x 100 participants avg. per event x $4.73 pp = $7,095; Planning retreat (20 participants x 8.18 -lunch, snack, dinner) = $163.60 (adjusted to $163.15) 55,100.00 Rent (Cloverleaf
facility -provided in-kind by the City of Miami Gardens) Meals (participants) Space (rent of a building) OPERATING EXPENSES: Travel (other than participants) Travel (participants) Page
181 of 324
22,860.00 Electricity (approx. $400 per month x 11 months); Telephone (approx. $300 per month x 11 months); Office security rennovations $5,000; Maintainance (approx. $400 per month
x 11 months); Cell phone stipends ($80 per pay period x 24 pay periods x 3 FTE) 5,684.00 (100 mailings per month x 11 months x .44 per mailing = $484); $1200 paper supplies & letterhead/cards;
$1000 general office supplies (clips, pens/pencils/binders, etc.); $1000 copier & printer supplies; $1500 office/kitchen/bathroom maintenance supplies; $500 computer supplies/software.
1,385.00 Conference room and kitchen furniture (6 tables @$100 ea.; 1 cabinet (@$125); and 3 guest chairs @$220 ea.) 550.00 Microwave ($150), Calculators ($75), Postage equipment ($200),
Water cooler unit ($125) 1,000.00 Audio Equipment for Community Forums (4 events x $250 per event) 2,100.00 Dell Desktop/Mobile Workstation (Latitude E6500) for Child Advocate (includes
laptop computer, docking station, monitor and bag). 26,353.00 (see Program Budget) 57,058.69 50,000.00 (see Program Budget) 32,433.00 Fee for each participant ($219.14) x 148 participants
(74 adult/74 youth) = Total pp workshop costs (training + materials + refreshments + transportation + overhead). Training costs pp $56 = (22.5 hrs. direct service (group training) time
(12.5 hrs. adults + 7.5 hrs. youth + 2.5 hrs. combined adult/youth) + 2 hr. survey/testing time + 22 hrs. staff preparation time) (46.5 hrs. total x $24 hr. (based on $40,000 per yr.
staff person + 25% employee benefits) = $1116 per workshop/20 participant per workshop); Training materials pp $60 = ($1,200 for total workshop (purchased directly from CLFC)/20 participants
per workshop); Refreshments pp = $30.14 ($2.74 x 11 sessions); Participant travel $44 ($4 per session x 11 sessions); Overhead pp $29 (25% of Out of School Suspension Program (City of
Opa-locka) Family Strengthening Services Computer Workstation Community Policing (City of Miami Gardens) Professional Services (List each) Office Equipment Equipment Rental Capital Equipment
(greater than $1,000) (List each) Supplies -office (e.g. paper, printing, postage ) Non-Capital Equipment (less than $1,000) (List each) Office Furniture Utilities (e.g. telephone, janitorial
services) Supplies -program (e.g. curricula, books, standardized testing ) Attachment B, Contract #925-301, Resolution #2009-32 31 Rev 1/09 = = training costs -$116) 20,955.00 Fee for
each participant ($283.13) x 74 participants = Total pp workshop costs (training + materials + refreshments + transportation + overhead). Training costs pp $52.80 = (10 hrs. direct service
(group training) time + 2 hr. survey/testing time + 10 hrs. staff preparation time) (22 hrs. total x $24 hr. (based on $40,000 per yr. staff person + 25% employee benefits) = Total $528
per workshop/10 participants per workshop); Training materials pp $50 = ($500 for total workshop/10 participants per workshop; Refreshments pp -$19.18 ($2.74 x 7 sessions); Participant
travel -$28 ($4 per session x 7 sessions); Non-training (community service, school/community monitoring activities, etc.) (5 hr pp x $24 hr. (based on $40,000 per yr. staff person +
25% employee benefits) = $120 pp; Overhead pp $6.48 (25% of training costs -$43.2) 27,625.00 Fee for each participant ($552.50) x 50 participants = Total pp workshop costs (training
+ placement/follow-up + transportation + overhead). Training costs pp $34 = (10 hrs. direct service (group training) time + 2 hr. survey/testing time + 5 hrs. staff preparation time)
(17 hrs. total x $24 hr. (based on $40,000 per yr. staff person + 25% employee benefits) = Total $408 per workshop/12 participants per workshop); Placement/follow-up assistance pp $360
= (15 hrs. total -individualized service-x $24 hr. (based on $40,000 per yr. staff person + 25% employee benefits); Participant travel -$60 ($4 per session x 10 sessions + 5 job referrals);
Overhead pp $98.50 (25% of training + placement costs -$394) 39,740.00 20,000.00 Text message marketing campaign = $5,000 (1,000,000 text messages x $.005 per message); Weekly 1/2 hr.
community radio broadcast = $7500 ($250 x 30 weeks); Radio adertisements = $5040 (1 -30 sec. advertisement @$12 per advertisement x 15 times per day x 28 days) + ($5,000 Cox radio match
to double # of advertisements); Cable television adertisements = $4,950 (1 -30 sec. advertisement @$11 per advertisement x 10 times per day x 45 days) + ($15,000 video production in-kind
donation for prodution expenses); Print media advertisements = $11,250 (Miami Herald, Florida Times) 15 event advertisements x $750 print advertising per event); Community forum printing
expenses = $3,000 ( avg. $200 per event x 15 events); Website content maintenance ($3,000) 11,000.00 10 hrs. per month x 11 months x $100 per hour for data analysis/evaluation services
1,500.00 Legal transcription services for 3 Suspension Public Hearings @$500 per Hearing St. Thomas University Pre-Employment Training & Job Placement Services Social Marketing Campaign
Expenses OTHER Transcription services Violence Prevention/Conflict Resolution Training Training Services Page 182 of 324
350.00 Staff resource materials (publications) and online resources 800.00 Staff development ($200 each x 4 FTE) 1,620.00 540.00 6 trips x avg. 18 participants per trip x $15 avg. admission
fee (TBD by CMG Police Dept.) 1,055.00 Youth Crime Watch ($280 x 2); Coalition for Juvenile Justice ($495) 6,000.00 300.00 4 individuals x $1000 for Community Forums; 4 Performance artists
x $500 for Community Forums 11,100.00 Emergency assistance based on case management assessment, and approval granted by the Project Director, Governance Committee, and Children's Trust
staff. Assistance is limited to a one-time allotment of $150 per family enaged in case management services (maximum 74 families). TOTAL OPERATING EXPENSES: $292,447.84 $128,440.00 6%
34,213.22 23% $128,440.00 $690,040.00 TOTAL PROGRAM COST (REQUESTED FUNDING AND MATCH) Must agree with Total Program Budget on Agency Budget worksheet One-time Expenditure (List each)
Emergency Assistance Field trip admission (participants) Conference Registration Staff Development TOTAL BUDGET $561,600.00 Resource materials Administrative/Indirect Costs (Can not
exceed 10%) Program SpeakerArtists Honorariums Attachment B, Contract #925-301, Resolution #2009-32 32 Rev 1/09 Page 183 of 324
Contract Period: 12 months Areas in Blue to be completed by the Agency PROGRAM BUDGET SALARIES: % Amount % Amount Annual Salary (12 mths) 12,240.13 100% 12,240.13 0.00 Overtime reimbursement
for Truancy Sweeps (6 additional hours per week x 40 weeks x $34 per hr. x 1.5 overtime rate) 12,240.13 100% 12,240.13 0.00 Overtime reimbursement for Truancy Sweeps (6 additional hours
per week x 40 weeks x $34 per hr. x 1.5 overtime rate) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Full-Time Total 2.00 24,480.26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Part-Time Total 0.00 0.00 0.00 0.00 2.00 $24,480.26 .00 $0.00 FRINGE BENEFITS Fica/Mica Rate: 7.65% 1,872.74 0.00 W-Comp's Rate: 0.00
0.00 Unemploy Rate: 0.00 0.00 Retirement Rate: 0 00 0 00 Insert Name of Program Matching Funds 3/1/09 -2/28/10 TOTAL FTEs/SALARIES Coty of MG PD List Part -Time/Seasonal Employees Justification
Requested Funding Position Police Officer Police Officer List Full-Time Employees Employees Attachment B, Contract #925-301, Resolution #2009-32 33 Rev 1/09 0.00 0.00 Other Specify &
provide calculations Health Ins. Cost per Staff 0.00 0.00 Life Ins. Rate: 0.00 0.00 Rate: 0.00 0.00 TOTAL FRINGE BENEFITS $1,872.74 $0.00 Cost Cost Capital Equipment (greater than $1,000)
(List each) Meals (participants) Other (List each) Supplies -office (e.g. paper, printing, postage ) Non-Capital Equipment (less than $1,000) (List each) Supplies -program (e.g. curricula,
books, standardized testing ) OPERATING EXPENSES: Utilities (e.g. telephone, janitorial services) Travel (other than participants) Travel (participants) Professional Services (List each)
Space (rent of a building) Page 184 of 324
TOTAL OPERATING EXPENSES: $0.00 $0.00 0% 0% $0.00 $26,353.00 TOTAL PROGRAM COST (REQUESTED FUNDING AND MATCH) Must agree with Total Program Budget on Agency Budget worksheet TOTAL BUDGET
$26,353.00 Administrative/Indirect Costs (Can not exceed 10%) One-time Expenditure (List each) Attachment B, Contract #925-301, Resolution #2009-32 34 Rev 1/09 Page 185 of 324
Contract Period: 12 months Areas in Blue to be completed by the Agency PROGRAM BUDGET SALARIES: % Amount % Amount Annual Salary (12 mths) 19,680.00 100% 19,680.00 0.00 $12 per hour @40
hrs. per week x 41 weeks (for program implementation) 19,680.00 100% 19,680.00 0.00 $12 per hour @40 hrs. per week x 41 weeks (for program implementation) 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 Full-Time Total 2.00 39,360.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Part-Time Total 0.00 0.00 0.00
0.00 2.00 $39,360.00 .00 $0.00 FRINGE BENEFITS Fica/Mica Rate: 7.65% 3,011.04 0.00 W Comp's R t 3 58% 1 409 09 0 00 List Part -Time/Seasonal Employees TOTAL FTEs/SALARIES List Full-Time
Employees Position Counselor II Coumselor I 3/1/09 -2/28/10 City of OL PD City of OL PD Requested Funding Matching Funds Justification Attachment B, Contract #925-301, Resolution #2009-32
35 Rev 1/09 W-Rate: 3.58% 1,409.09 0.00 Unemploy Rate: 6.20% 868.00 0.00 Retirement Rate: 9.85% 3,876.96 0.00 Other Specify & provide calculations Health Ins. Cost per Staff $426.68
100 8,533.60 0.00 $426.68 x 10 = $4266.80 x 2 staff persons Life Ins. Rate: 0.00 0.00 Rate: 0.00 0.00 TOTAL FRINGE BENEFITS $17,698.69 $0.00 Cost Cost 3,000.00 Provided in-kind by City
of Opa-locka 24,000.00 Provided in-kind by City of Opa-locka 18,000.00 Provided in-kind by City of Opa-locka 5,000.00 Provided in-kind by City of Opa-locka Tutoring Services Capital
Equipment (greater than $1,000) (List each) Other (List each) Field Trips Professional Services (List each) One-time Expenditure (List each) Supplies -office (e.g. paper, printing, postage
) Supplies -program (e.g. curricula, books, Non-Capital Equipment (less than $1,000) (List each) Travel (participants) Meals (participants) Space (rent of a building) Utilities (e.g.
telephone, janitorial services) OPERATING EXPENSES: Travel (other than participants) Page 186 of 324
TOTAL OPERATING EXPENSES: $0.00 $50,000.00 0% 88% $50,000.00 $107,058.69 TOTAL BUDGET $57,058.69 Administrative/Indirect Costs (Can not exceed 10%) ( Q ) g with Total Program Budget
on Agency Budget worksheet Attachment B, Contract #925-301, Resolution #2009-32 36 Rev 1/09 Page 187 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
Capital Projects d– Professional ices Fun Serv Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X RFP#0809026 Sponsor
Name Dr. Danny O. Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH FRONT ROW MARKETING SERVICES, L.P., IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS ($65,000.00),
A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary:
Background Municipal marketing is an alternative method for municipalities to generate additional revenue opportunities through corporate sponsorship/partnership programs. The partnerships
help create additional revenue and decrease budget shortfalls. In addition, it affords private corporations the opportunity to make contributions to the community, as well as institute
its investment in the community via innovative advertising solutions. The creation of a capital marketing program for the City of Miami Gardens would prove beneficial in several factors
including, but not limited to, (1) additional ITEM K-6) CONSENT AGENDA RESOLUTION Agreement w/Front Row Marketing Page 188 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 revenue resources, (2) imaging as a form of corporate branding amongst other municipalities, and (3) possible national
recognition as an industry leader. The scope of services proposed for the City of Miami Gardens will include, but not be limited to: Implementation of an overall strategy for advertising,
sponsorship and naming right efforts; Development of comprehensive inventory of City assets appropriate for sponsorship opportunites; Development of prospects on a national, local and
regional level; Creation of rates and packages for sale based on fair market value; and Train staff in the recruiting, selling and servicing of contract clients in association with compliance
procedures. Current Situation A Request for Proposal (RFP) was prepared by staff for a municipal marketing compaign and corporate sponsorship training, RFP#08‐09‐026 and advertised on
February 25, 2009. A broadcast notice was sent to 557 vendors. Twenty (20) RFP packages were requested. Three (3) proposals were received, publicly opened, and read on March 19, 2009.
Proposals were received from: 1. Active Marketing Partnerships, Huntington Beach, CA 2. Front Row Marketing Services, Philadelphia, PA 3. Superlative Group, Inc., Cleveland, OH. A copy
of the RFP document and submitted proposals are available for review at the office of the assistant to the mayor and council’s . An evaluation committee consisting of Antranette Pierre,
Economic Development Manager; Ula Zucker, Events & Media Coordinator; Daniel Rosemond, Asst. City Manager; and Kara Petty, Acting Parks & Recreational Director, performed the evaluation
of the proposals received. The evaluation process consisted of review of all submitted proposals and oral presentations by the top two (2) ranked firms. Each proposal was individually
ranked and total scores were tabulated by the City’s Procurement Manager. The top ranked firm is Front Row Marketing Services and City staff is recommending that we engage this firm
for the desired services. The proposed resolution requests Council approval to authorize the City Manager to execute an agreement with Front Row Marketing Services to perform Municipal
Marketing Services as outlined in the attached agreement, in the amount of $65,000. Upon approval by Council, the selected firm will return to Council to a provide a brief presentation
to include their plan of action and examples of comparable successes in other municipalities. Page 189 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: It is recommended that the City Council adopt the attached resolution authorizing the City Manager
to negotiate and execute an agreement in the substantially attached form with the top ranked firm, Front Row Marketing Services located in Philadelphia, PA. for municipal marketing services
for $65,000.00. Attachment: Attachment A – Tabulation Price Sheet Attachment B – Evaluation Ranking Sheet Page 190 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
AGREEMENT WITH FRONT ROW MARKETING SERVICES, L.P., IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS ($65,000.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council of the City of Miami Gardens has decided to embark on
a capital marketing program for the City, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, a capital marketing program will benefit the City by providing additional revenue sources,
creating distinct branding for the City and additional recognition for the City, and WHEREAS, City staff prepared RFP #08-09-026 which was advertised on February 25, 2009, and WHEREAS,
three proposals were received, publicly opened and read, and WHEREAS, proposals were received from Active Marketing Partnerships, Front Row Marketing Services, L.P. and Superlative Group,
Inc., and WHEREAS, City staff ranked the proposals and heard oral presentations from Front Row Marketing Services and Superlative Group, Inc., and WHEREAS, based upon the presentations
and the response to the RFP, City staff is recommending that the City contract with Front Row Marketing Services, L.P. for municipal marketing services, and Page 191 of 324
WHEREAS, funds for this purpose are available in the Capital Projects – Professional Services Budget, 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NOW
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified
and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize
the City Manager and City Clerk to execute and attest, respectively, that certain Agreement with Front Row Marketing Services, L.P. for municipal marketing services in an amount not
to exceed Sixty-five Thousand Dollars ($65,000.00), a copy of which is attached hereto as Exhibit A. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to
obtain three (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to Front Row Marketing Services; and with one to be directed
to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY _____, 2009. _________________________________ SHIRLEY GIBSON, MAYOR Page 192 of 324
42 ATTEST: 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED
BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 58 Mayor Shirley Gibson (Yes) ___(No) 59 Vice Mayor Barbara Watson (Yes) ___(No) 60 Councilman Melvin L. Bratton
(Yes) ___(No) 61 Councilman Aaron Campbell (Yes) ___(No) 62 Councilman Oliver Gilbert, III (Yes) ___(No) 63 Councilwoman Sharon Pritchett (Yes) ___(No) 64 Councilman André Williams (Yes)
___(No) 65 66 67 SKD/teh 8432252_1.DOC Page 193 of 324
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CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFQ#08-09-026 MUNICIPAL MARKETING CAMPAIGN March 19, 2009 @2:00 p.m. By signing this form as an Evaluator, I certify
that I have no conflict of interest Signed______________________________ Dated:___04-03-09________________ Company Evidence of ability, capacity & skill of firm to perform (max. 80 pts.)
Services provided (max. 80 pts.) Inc/detail approach; marketing samples Successful experience & background in similar services (max. 80 pts.) Background & experience of personnel (max.
60 pts.) Cost of Services (max. 60 pts.) Firm(s) located in CMG (max.20 pts.) Firm donate local schools (max.20 pts) Total (max. 400 pts.) Front Row Marketing Services, Philadelphia,
PA 74 76 74 53 60 00 337 Superlative Group, Inc., Cleveland, OH 74 75 80 60 40 00 329 Comments: _____________________________________________________________________________________________________
_____________________________________________________________________________________________________ _________________________________________________________________________________________________
____ Page 195 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM
OF UNDERSTANDING WITH THE IMMIGRATION AND CUSTOMS ENFORCEMENT, SAC MIAMI OFFICE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; AUTHORIZING THE CITY MANAGER TO ENTER INTO SIMILAR MEMORANDUMS
OF UNDERSTANDING WHICH MAY BE REQUIRED WHEN THE POLICE DEPARTMENT PARTICIPATES IN OTHER TASK FORCES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE
CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: As a continuing effort to impact crime and increase the level of security for our residents, the Miami Gardens Police Department
engages in partnerships with other law enforcement agencies to reduce crime in our community. The Department has been approached by law enforcement organizations at the state, local
and federal level to participate in task forces in furtherance of criminal investigations. As part of our Department’s participation, these agencies will provide funding for overtime
and at times equipment, in exchange for manpower from the Miami Gardens Police Department. These task forces and investigations require the submission of Memorandums of Understanding
(MOU), such as the attached MOU from the United States Immigration and Customs Enforcement, delineating the guidelines and terms of reimbursements, equipment donations and use of personnel.
In the interest of timeliness and efficiency, ITEM K-7) CONSENT AGENDA RESOLUTION MOU w/the Immigration and Customs Enforcement Page 196 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 staff is requesting that the City Manager be given the authority to execute all future reimbursement based task
force MOUs on behalf of the City and Department. This will streamline the process for the Department’s participation in these operations and reduce the amount of staff time utilized
to prepare items that are similar in nature. Proposed Action: That the City Council authorizes the City Manager to negotiate and execute Memorandums of Understanding for the purposes
of participating in joint task forces with law enforcement agencies. Attachment: Attachment A: MOU‐United States Immigration and Customs Enforcement (ICE) Page 197 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
MEMORANDUM OF UNDERSTANDING WITH THE IMMIGRATION AND CUSTOMS ENFORCEMENT, SAC MIAMI OFFICE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; AUTHORIZING THE CITY MANAGER TO ENTER INTO
SIMILAR MEMORANDUMS OF UNDERSTANDING WHICH MAY BE REQUIRED WHEN THE POLICE DEPARTMENT PARTICIPATES IN OTHER TASK FORCES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, on several occasions, the City’s Police Department has worked with various other agencies in furtherance of criminal
investigations, and 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, each time the Police Department has worked with other agencies, the City Council has approved Memorandums of Understanding
(“MOUs”) for this purpose, and WHEREAS, City’s participation in these types of Joint Task Force with other state and federal agencies has increased, and WHEREAS, it would appear appropriate
for the City Manager to be authorized to execute these MOUs without the necessity of bringing each one back before the Council for approval, and WHEREAS, in each of these instances,
although the City pays its officers overtime, the money fronted by the City is reimbursed by the other participating agency, and Page 198 of 324
WHEREAS, it is being recommended that the City Council authorize the City Manager to execute these types of Agreement without bringing the same to Council, and 14 15 16 17 18 19 20 21
22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, the general form for these types of Agreements is outlined in the attached Memorandum of Understanding with the Immigration and Customs
Enforcement, SAC Miami Office, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing
Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the
City of Miami Gardens hereby authorize the City Manager and City Clerk to execute and attest, respectively, that certain Memorandum of Understanding with the Immigration and Customs
Enforcement, SAC Miami Office for the reimbursement of costs incurred by the City of Miami Gardens for the Police Department in providing resources for Joint Operations and Task Force,
a copy of which is attached hereto as Exhibit A; and hereby authorizes the City Manager to enter into similar Memorandums of Understanding which may be required when the Police Department
participates in other Task Forces. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement,
with one to be maintained by the City; with one to be delivered to the Immigration and Customs
Page 199 of 324
Enforcement, SAC Miami Office; and with one to be directed to the Office of City Attorney. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Section
4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD
ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS,
ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 64 Mayor Shirley Gibson (Yes) ___(No) 65 Vice Mayor Barbara Watson (Yes) ___(No)
66 Councilman Melvin L. Bratton (Yes) ___(No) 67 Councilman Aaron Campbell (Yes) ___(No) 68 Councilman Oliver Gilbert, III (Yes) ___(No) 69 Councilwoman Sharon Pritchett (Yes) ___(No)
70 Councilman André Williams (Yes) ___(No) 71 72 73 SKD/teh 8461675_1.DOC Page 200 of 324
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading N/A N/A X Public Hearing: (Enter X in box) Yes No Yes No X X Funding
Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny O. Crew, City Manager Department:
Public Works Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FLORIDA’S TURNPIKE ENTERPRISE FOR BRIDGE PAINTING AND LANDSCAPING ALONG THE EXTERIOR WALL OF THE SOUTH SIDE
OF THE GOLDEN GLADES TURNPIKE PLAZA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. . Staff Summary: In September 2006, the City received a letter of interest from the Department of Transportation, Florida Turnpike Enterprise (the “Department”) for
the acquisition of a portion of City owned property, known as Rolling Oaks Park, for the expansion of the Miami Gardens Toll Plaza and construction of an administration building to service
the tolls. The City placed its park renovation project on indefinite hold pending the negotiation settlement between both parties. In March 2008, the Department decided not to pursue
the toll expansion project as it had changed its plans and decided to institute all electronic ITEM K-8) CONSENT AGENDA RESOLUTION Agreement w/FDOT Page 210 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 tolling within the City’s municipal limits, thereby eliminating the need for traditional toll plaza and an administrative
building both at Golden Glades and at Miami Gardens Drive. The City contended that the discontinuance of the park renovation project resulted in lost grant revenue, delays in permitting
and cost savings in construction dollars. The lapse in construction time effected fees associated with design, administrative and construction. The Department concurred and offered,
in exchange, a scaled down scope of improvements for the Golden Glades overpass which included the expansion of the existing noise wall northbound side and the southbound side of Florida’s
Turnpike from approximately NW 173rd Street to 183 Street, bridge painting and landscaping within along the Turnpike. The City has elected to provide its own landscaping for the exterior
wall of the southside of the Turnpike, providing reimbursement by the Department. The project is scheduled for completion by January 2010. The total agreement is valued at $2,296,145.65
from the Department’s budget; of which $95,087.85 is dedicated to enhanced landscaping by the City. Proposed Action: It is recommended that the City Council approved the attached joint
participation agreement between Florida Department of Transportation, Florida Turnpike Enterprise and the City of Miami Gardens for the bridge aesthetics and noise wall extension improvement
project. Attachment: Attachment A—Joint Participation Agreement Page 211 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FLORIDA’S TURNPIKE ENTERPRISE FOR BRIDGE PAINTING AND LANDSCAPING ALONG THE EXTERIOR WALL OF THE SOUTH SIDE OF
THE GOLDEN GLADES TURNPIKE PLAZA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (“Department”) has previously constructed noise walls on Florida’s Turnpike (SR 91) within the city limits of Miami
Gardens (“City”) a distance of 2,922 feet on both the northbound side and the southbound side of Florida’s Turnpike (SR 91), and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, the Department
anticipates extending the existing noise walls on Florida’s Turnpike for an additional distance of of 1,400 feet on both the northbound side and the southbound side of Florida’s Turnpike
(SR 91), and WHEREAS, the Department anticipates painting the bridge, including the support columns and the underpass slope, over Northwest 183rd Street, also known as Miami Gardens
Drive, under Financial Project Identification Number 417544-3-52-02, and WHEREAS, the Department originally planned to relocate its existing Golden Glades mainline toll plaza, located
at MP 0 on Florida’s Turnpike (SR 91), to the south of the intersection of Florida’s Turnpike (SR 91) with Northwest 183rd Street, also known as Miami Gardens Drive, so as to accommodate
the Turnpike’s open road tolling, and Page 212 of 324
WHEREAS, if this plan were implemented it would have impacted the City and its ability to provide municipal services to its citizens and residents in that an existing public park would
have required the transference of City property to the Department to accommodate the new toll plaza, and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS,
the Department has changed its plans and decided to institute all electronic tolling within the City’s municipal limits, which will eliminate the need for traditional toll plaza and
an administrative building both at Golden Glades and at Miami Gardens Drive, and WHEREAS, the extension of the existing noise walls will temporarily impact the City in that the Department
will need to utilize a portion of the City’s right of way on Northwest Sunshine State Parkway East and West in order to mobilize the equipment necessary for the construction of the noise
walls and bridge painting, and the Department will further impact the City with its maintenance of traffic plans for Northwest Sunshine State Parkway East and West, and Northwest 183rd
Street, during the period that construction is underway, and WHEREAS, the City has graciously accommodated the Department’s needs to temporarily impact the City’s rights of way within
the municipal city limits, and WHEREAS, the Department will provide compensation to the City for the temporary impacts caused by its construction of the noise wall extensions upon the
terms set out in this Agreement, and WHEREAS, the Department has programmed and budgeted funds for this noise wall extension project, including compensation to the City for the temporary
impacts caused by construction operations in Financial Project Number 417544-3-52-01, and for Page 213 of 324
the bridge painting under 417544-3-52-02, that is scheduled for letting in June 2009, and 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 WHEREAS, the City has agreed
to permit the Department to utilize a portion of its right of way along Northwest Sunshine State parkway East and West during the period that construction is underway and to accommodate
the Department’s maintenance of traffic plans during the period of construction of the noise wall extension, which is presently scheduled for completion in January 2010, and WHEREAS,
should the City elect to install additional landscaping not included in the initial project scope, including irrigation, on its right of way along Northwest Sunshine State Parkway East
and West after the completion of the Department’s construction of the noise wall extension, the City has agreed to obtain all necessary permits associated with tapping into the City
of North Miami Beach’s water line, and to bear the costs of associated impact fees, and WHEREAS, in the event that any additional impact fees are imposed, levied, or charged by any party
for the Department’s noise wall construction and the City’s landscaping and irrigation construction, the City will be solely responsible for such impact fees, NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being
true, and the same are hereby made a specific part of this Resolution. Page 214 of 324
Section 2. AUTHORIZATION: The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, that certain Joint Participation Agreement with the Florida
Department of Transportation, Florida’s Turnpike Enterprise for bridge painting and landscaping along the exterior wall of the south side of the Golden Glades Turnpike Plaza, a copy
of which is attached hereto as Exhibit A. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Section 3. INSTRUCTIONS TO THE CITY CLERK: The
City Clerk is hereby authorized to obtain five (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to The Florida Department
of Transportation, and with one to be directed to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________
____ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ Page 215
of 324
92 93 Mayor Shirley Gibson (Yes) ___(No) 94 Vice Mayor Barbara Watson (Yes) ___(No) 95 Councilman Melvin L. Bratton (Yes) ___(No) 96 Councilman Aaron Campbell (Yes) ___(No) 97 Councilman
Oliver Gilbert, III (Yes) ___(No) 98 Councilwoman Sharon Pritchett (Yes) ___(No) 99 Councilman André Williams (Yes) ___(No) 100 101 102 SKD/teh 8461576_1.DOC Page 216 of 324
JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIA, DEPARTMENT OF TRANSPORTATION, FLORIDA’S TURNPIKE ENTERPRISE AND THE CITY OF MIAMI GARDENS, FLORIDA THIS MEMORANDUM OF AGREEMENT
(hereinafter the “Agreement”) is made and entered into by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FLORIDA’S TURNPIKE ENTERPRISE (“Department”), an executive agency
of the State of Florida, with headquarters located at Turkey Lake Service Plaza, Mile Post 263, Building 5315, Post Office Box 613069, Ocoee, Florida 34761, and the CITY OF MIAMI GARDENS
(“City”) a body politic and corporate in the State of Florida, with principal offices located at 1515 Northwest 167th Street, Miami Gardens, Florida 33169. WITNESSETH WHEREAS, the Department
has previously constructed noise walls on Florida’s Turnpike (SR 91) within the city limits of the City a distance of 2,922 feet on both the northbound side and the southbound side of
Florida’s Turnpike (SR 91); and WHEREAS, the Department anticipates extending the existing noise walls on Florida’s Turnpike within the city limits of the City an additional distance
of 1,400 feet on both the northbound side and the southbound side of Florida’s Department; and WHEREAS, the Department anticipates painting the bridge, including the support columns
and the underpass slope, over N.W. 183rd Street, also known as Miami Gardens Drive, under Financial Project Identification Number 417544-3-52-02; and WHEREAS, the Department originally
planned to relocate its existing Golden Glades mainline toll plaza, located at MP 0 on Florida’s Turnpike (SR 91), to the south of the intersection of Florida’s Turnpike with N.W. 183rd
Street, also known as Miami Gardens Drive, so as to accommodate the Turnpike’s open road tolling; and Page 217 of 324
2 WHEREAS, if this plan were implemented it would have impacted the City and its ability to provide municipal services to its citizens and residents in that an existing public park would
have required the transference of City property to the Department to accommodate the new toll plaza; and WHEREAS, the Department has changed its plans and decided to institute all electronic
tolling within the City’s municipal limits, which will eliminate the need for traditional toll plaza and an administrative building both at Golden Glades and at Miami Gardens Drive;
and WHEREAS, the extension of the existing noise walls will temporarily impact the City in that the Department will need to utilize a portion of the City’s right of way on N. W. Sunshine
State Parkway East and West in order to mobilize the equipment necessary for the construction of the noise walls and bridge painting, and the Department will further impact the City
with its maintenance of traffic plans for N.W. Sunshine State Parkway East and West, and N.W. W. 183rd Street, during the period that construction is underway: and WHEREAS, the City
has graciously accommodated the Department’s needs to temporarily impact the City’s rights of way within the municipal city limits; and WHEREAS, the Department will provide compensation
to the City for the temporary impacts caused by its construction of the noise wall extensions upon the terms set out in this Agreement; and WHEREAS, the Department has programmed and
budgeted funds for this noise wall extension project, including compensation to the City for the temporary impacts caused by construction operations in Financial Project Number 417544-3-52-01,
and for the bridge painting under 417544-3-52-02, that is scheduled for letting in June 2009; and WHEREAS, the City has agreed to permit the Department to utilize a portion of its right
of way along N.W. Sunshine State Parkway East and West during the period that construction is underway and to accommodate the Department’s maintenance of traffic plans during the period
of construction of the noise wall extension, which is presently scheduled for completion in January 2010; and WHEREAS, should the City elect to install additional landscaping not included
in the initial project scope, including irrigation, on its right of way along N.W. Sunshine State Parkway East and West after the completion of the Department’s construction of the noise
wall extension, the City has agreed to obtain all necessary permits associated Page 218 of 324
3 with tapping into the City of North Miami Beach’s water line, and to bear the costs of associated impact fees; and WHEREAS, in the event that any additional impact fees are imposed,
levied, or charged by any party for the Department’s noise wall construction and the City’s landscaping and irrigation construction, the City will be solely responsible for such impact
fees. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
by the parties, it is mutually agreed as follows: 1. Each of the above recitals is true and correct, forms a material part of this Agreement, and each is incorporated herein by reference.
2. The Department agrees to pay to the City, as compensation for the herein described impacts and right of way services along N.W. Sunshine State Parkway East and West, in the lump sum
amount of Ninety Five Thousand Eighty Seven Dollars and 85/100 ($95,087.85) no earlier than January 31, 2010. The City may then invoice the Department for the compensation for the impacts.
3. Travel costs of the City will not be reimbursed. 4. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03 (1),
Florida Statutes, will be due and payable, in addition to the invoice amount, to the City. Interest penalties of less than one ($1.00) dollar will not be enforced unless the City requests
payment. Invoices that have to be returned to the City because of the City’s preparation errors will result in a delay in the payment. The invoice payment requirements do not start until
a properly completed invoice is provided to the Department. 5. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include
acting as an advocate for the Participants who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724
or by calling the Department of Financial Services Hotline at 1-800-848-3792. Page 219 of 324
4 6. In the event this Agreement is for services in excess of $25,000 and a term for a period of more than 1 year, the provisions of Section 339.135 (6) (a) are hereby incorporated:
“The Department [of Transportation], during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void,
and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for
the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which
are for an amount in excess of $25,000 and which have a term for a period of more than 1 year.” 7. The Department’s obligation to pay is contingent upon an annual appropriation by the
Florida Legislature. 8. Any and all notices (except invoices) given or required under this Agreement shall be in writing, and either personally delivered with receipt acknowledged, or
sent by certified mail, return receipt requested. All notices shall be mailed or delivered as follows, unless a party directs in writing that notices shall be provided to it at another
locations: TO DEPARTMENT: William Sloup, P.E. Director of Planning and Production Department Headquarters Post Office Box 613069 Ocoee, Florida 34761 WITH A COPY TO: Paul Wai, P.E. Page
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5 Director of Highway Operations Turnpike Operations Center Post Office Box 9828 Fort Lauderdale, Florida 33310 TO CITY: Shirley Gibson Mayor City of Miami Gardens 1515 Northwest 167th
Street Miami Gardens, Florida 33169 9. In the foreseeable future, but not the immediate future, when the Turnpike bridge over N.W. 183rd Street (Miami Gardens Drive) is widened to accommodate
the widening of Florida’s Turnpike (SR 91) the Turnpike will design and construct the new bridge and will provide aesthetic features similar to that depicted on the attached drawings.
The timing of the widening of Florida’s Turnpike (SR 91) in the Miami Gardens area will depend upon the Traffic and Revenue Studies of usage of Florida’s Turnpike. 10. This Agreement
incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that
there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement. Accordingly, it is agreed that no deviation
from the terms hereof shall be predicated upon any prior representations, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in
a written document executed with the same formality and of equal dignity herewith. 11. Nothing in this Agreement, express or implied, is intended to confer upon any entity or person
other than the parties and their permitted successors and assigns any rights or remedies under or by reason of this Agreement as a third-party beneficiary or otherwise, or to authorize
anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 12. This Agreement may not be assigned or alienated without the prior written consent
of each of the other parties. Page 221 of 324
6 13. Both parties are required to comply with the provisions of Chapter 119, Florida Statutes, and shall permit the public access to all documents, papers, letters, or to other materials
that are non-exempt from the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. 14. The rule of contract interpretation, that any ambiguity
will be construed against the draftsman of the agreement, shall have no application to this Agreement, and it will not be construed more strongly in favor of one party that another.
15. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida. 16. Any dispute arising under this Agreement that cannot be readily
resolved shall be submitted jointly to the signatories of this Agreement with each party agreeing to seek in good faith to resolve the issue through negotiations or other form of non-binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, successors or assigns shall be dispositive of the dispute.
17. Subject to the provisions of this Agreement regarding assignment, this Agreement shall be binding upon the parties together with their legal representatives, successors and assigns.
18. The effective date of this Agreement shall be on the date that the last of the parties executes and delivers this Agreement to the other party. IN WITNESS WHEREOF, the parties hereto
have caused these presents to be executed by their duly authorized officers and for the purposes herein expressed. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA’S DEPARTMENT
ENTERPRISE By: ___________________________________ Jennifer M. Olson Deputy Executive Director and Chief Operating Officer Page 222 of 324
7 Date Executed: _____ day of ___________, 2009 Approved as to form and legality: By: ________________________________ Jack R. Leonard Office of the Department General Counsel Page 223
of 324
8 CITY OF MIAMI GARDENS By: ________________________________ Shirley Gibson Mayor Date Executed: _____ day of ____________ 2009 Attest: _____________________________ Ronetta Taylor,
City Clerk Approved as to form and legality: By: _______________________________ Sonia K. Dickens, Esquire City Attorney Page 224 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source:
General FundInformation Tech Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew Department:
Information Technology Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY,
THAT CERTAIN AGREEMENT WITH AIP-US LLC FOR NETWORK SECURITY SOLUTIONS AND SERVICES IN THE AMOUNT OF FIFTY THOUSAND, FIVE HUNDRED FIFTY-ONE DOLLARS ($50,551.00) AT A ONE YEAR RENEWABLE
RATE OF FIFTY-TWO THOUSAND, FIVE HUNDRED SEVENTY-THREE DOLLARS ($52,573.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: Earlier this fiscal year the Information Technology Department was unsuccessful in finding someone to
fill the position of Network Security Engineer to monitor the security of our network, make changes when necessary and be able to troubleshoot and respond to threats and changes to our
Police Department rapidly. Not only was finding a qualified candidate in our salary range an issue, but the candidate would also need to be a Certified Cisco Internetwork Expert. The
salary average for someone with those certifications is $120,000. We also realized we would only need that employee to work parttime (up to 20 hours per week) and they would need to
know our network and be able to respond from knowledge and not by taking time looking up diagrams and instructions. ITEM K-9) CONSENT AGENDA RESOLUTION Agreement w/AIP-US LLC Page 225
of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Being unable to find a qualified candidate to fill this position, the City contracted with AIP‐US LLC to become
our provider for Network Security Solutions. AIP‐UPS LLC was founded by the leading Network Engineer from BearingPoint, Inc. As a matter of fact, the founder (who will also serve as
our Program Manager for this contract) was responsible for the design and programming of our entire enterprise security for the network at City Hall, the Police Department, and access
from the parks back to City Hall. It is a small company that allows us individual and immediate attention. This resolution requests that we keep AIP‐US LLC as a service provider with
at a negotiated rate of $50,551 for one year and providing the services remain satisfactory to the City, a renewal of $52,573 for the following year. Comparison pricing for contracting
out this service is $210 per hour with other industry leaders. With the various threats to networks and internet security it imperative that we have this expertise available rapidly
and have a vendor familiar with our entire enterprise. AIP‐US LLC provides the services needed below market price. Proposed Action: We recommend that City Council approve the expenditure
of $50,551 to AIP‐US LLC for Network Security Solutions and Services for period covering one year with at renewable rate of $52,573 the following year. Attachment: Attachment A – AIP‐US
LLC Contract Attachment B – Crossnet Chart Page 226 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
AGREEMENT WITH AIP-US LLC FOR NETWORK SECURITY SOLUTIONS AND SERVICES IN THE AMOUNT OF FIFTY THOUSAND, FIVE HUNDRED FIFTY-ONE DOLLARS ($50,551.00) AT A ONE YEAR RENEWABLE RATE OF FIFTY-TWO
THOUSAND, FIVE HUNDRED SEVENTYTHREE DOLLARS ($52,573.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO
THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, AIP-US LLC currently provides the City with network security solutions, and 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, the City would
like to continue that relationship for an additional twoyear period, and WHEREAS, City staff has negotiated with AIP-US LLC to provide services for the initial year in the amount of
Fifty Thousand, Five Hundred Fifty-One Dollars ($50,551.00) and in the event the services are satisfactory, seek authorization to renew the contract for an additional year at the rate
of Fifty-Two Thousand, Five Hundred Seventy-Three Dollars ($52,573.00), and WHEREAS, City Council would like to authorize the City Manager to enter into an Agreement with AIP-US LLC
for this purpose, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 227 of 324
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution.
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize the City
Manager and City Clerk to execute and attest, respectively, that certain Agreement with AIP-US LLC for network security solutions and services in the amount of Fifty Thousand, Five Hundred
Fifty-One Dollars ($50,551.00) at a one year renewable rate of Fifty-Two Thousand, Five Hundred Seventy-Three Dollars ($52,573.00), a copy of which is attached hereto as Exhibit A. Section
3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with
one to be delivered to AIP-US LLC; and with one to be directed to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final
passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST:
_________________________________ RONETTA TAYLOR, CMC, CITY CLERK Page 228 of 324
43 44 45 46 47 48 49 50 51 52 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 53 Mayor Shirley
Gibson (Yes) ___(No) 54 Vice Mayor Barbara Watson (Yes) ___(No) 55 Councilman Melvin L. Bratton (Yes) ___(No) 56 Councilman Aaron Campbell (Yes) ___(No) 57 Councilman Oliver Gilbert,
III (Yes) ___(No) 58 Councilwoman Sharon Pritchett (Yes) ___(No) 59 Councilman André Williams (Yes) ___(No) 60 61 62 SKD/teh 8461317_1.DOC Page 229 of 324
1 of 10 Agreement with AIP US, LLC NETWORK AND SECURITY OPERATIONS SUPPORT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ___________, 2009 by and between
the CITY of Miami Gardens, a Florida municipal corporation (hereinafter referred to as “CITY”), and AIP US, LLC, a Delaware Corporation, (hereinafter referred to as “Consultant”) and
jointly referred to as the Parties. WITNESSETH WHEREAS, the City would like to engage the services of Consultant to provide network and security operations support services to the City,
and WHEREAS, Consultant has agreed to provide said services and the parties would like to consummate their agreement in writing, NOW THEREFORE, in consideration of the premises and the
mutual covenants herein named, the parties hereto agree as follows: Article 1 Scope of Work Consultant shall provide services as outlined in the Scope of Services attached hereto as
Exhibit "A" and incorporated herein by reference. Article 2 Qualifications CONSULTANT and the individual executing this Agreement on behalf of the CONSULTANT warrant to the CITY that
the CONSULTANT is authorized to do business in the State of Florida, is in good standing and that CONSULTANT possesses all of the required licenses and certificates of competency required
by the State of Florida and the County of Miami-Dade to perform the work herein described. Article 3 Personnel Consultant agrees that the person that will be providing the Services to
the City will be Min Wang. The parties also recognize and agree that all services to Page 230 of 324
2 of 10 Agreement with AIP US, LLC be provided to the City shall be conducted remotely and that Min Wang shall not appear personally at the City to provide any services. Article 4 Compensation/Expens
es The person assigned to this Agreement shall work a maximum of sixteen (16) hours per week for two (2) years. The first year (from May 18, 2009 to May 16, 2010) shall be paid at an
hourly rate of sixty dollars seventy-six cents ($60.76) per hour. The first year total contract value shall not exceed fifty thousand, five hundred and fifty-one dollars ($50,551.00.)
The second year (from May 17, 2010 to May 15, 2011) shall be paid at an hourly rate of sixty-three dollars nineteen cents ($63.19) per hour. The second year total contract value shall
not exceed fifty two thousand, five hundred and seventy-three dollars ($52,573.00.) The total contract value for 2 years shall not exceed the sum of one hundred and three thousand, one
hundred and twenty-four dollars ($103,124.00.) CONSULTANT will invoice City of Miami Gardens at the end of each calendar month. All payments shall be due within sixty (60) days of receipt
of an invoice. In the event there is a dispute on an invoice, the City agrees to pay the undisputed sums within the thirty (30) day period. Article 5 Term This Agreement shall commence
on May 18, 2009, or upon the execution by both parties, whichever is sooner, and shall continue for a period of one year. Said Agreement shall be automatically renewable for an additional
one (1) year period, subject to the City Council budgeting and appropriating funds for that purpose. The Term shall not start until all insurance required as stated herein has been obtained
and approved copy provided to the City. Article 6 Indemnification CONSULTANT shall, at CONSULTANT's sole cost and expense, defend, indemnify, and hold the CITY and all of its elected
officials, officers, agents, or employees, harmless from and against any and all losses, demands, claims, suits, liabilities, causes of action, judgment or damages, arising out out of,
related to, or in any way connected with CONSULTANT’s performance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts
between CONSULTANT and third parties made pursuant to this Agreement. CONSULTANT shall reimburse the CITY for all of its expenses including reasonable attorney fees and costs incurred
in connection with the defense of any such claim or investigation, throughout the appeals process. Page 231 of 324
3 of 10 Agreement with AIP US, LLC Nothing contained herein shall be deemed a waiver of sovereign immunity by the CITY. Article 7 Insurance CONSULTANT shall provide and maintain general
liability insurance coverage, for personal injury and property damage in the minimum amount of Two Million ($2,000,000.00) Dollars, per incident, for personal injury, and Five Hundred
Thousand ($500,000.00) Dollars, per incident, for property damage. Such liability policy of insurance shall designate the CITY as an additional insured and CONSULTANT shall deliver a
fully effective certificate to that effect, evidencing no less than thirty (30) day cancellation power. The parties acknowledge and agree that since all services to be provided by CONSULTANT
shall be provided remotely, from the state of Virginia. CONSULTANT shall comply with the worker’s compensation laws of the state of Virginia. CONSULTANT shall not commence work pursuant
to this Agreement until all insurance required as stated herein has been obtained and the CITY has approved such insurance. Article 8 Termination Either party may, for its convenience
and without cause, terminate this Agreement by giving the other party thirty (30) days notice prior to the effective date of the termination. Upon written notice of termination, CONSULTANT
shall provide only those services and incur only those expenses specifically approved or directed in writing by the CITY Manager or his designee. In the event of termination or expiration
of this Agreement, CONSULTANT and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from CONSULTANT to the CITY or to any other person or entity
the CITY may designate, and to maintain during such period of transition that same services provide to the CITY pursuant to the terms of this Agreement. CONSULTANT will take all reasonable
and necessary actions to transfer all records, etc. and data of the CITY in its possession in an orderly fashion to either the CITY or its designee in a hard copy and computer format.
If either party terminates this Agreement, the CITY shall only pay CONSULTANT for the services provided through the date of termination. Article 11 Ownership Page 232 of 324
4 of 10 Agreement with AIP US, LLC All documents and/or forms originated or prepared by either party pursuant to this Agreement including papers, charts, computer programs, and other
documentation or improvements thereto shall be owned by the CITY. Article 12 Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations
were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify and
amend the terms of this Agreement, unless executed in writing with the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver. Article 13 Severability If any term or provision of this Agreement shall to any extent be held invalid or illegal
by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the
fullest extent permitted by law. Article 14 Governing Law This Agreement shall be construed in accordance with and governing by the laws of the State of Florida, with venue lying in
Miami-Dade County, Florida. Article 15 Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which
is in violation of the terms of this Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the
CITY of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by CONSULTANT of the same, or any other provision or
the enforcement thereof. The CITY’s consent to or approval of any act by CONSULTANT requiring the CITY’s consent or approval shall not be deemed to render unnecessary the obtaining of
the CITY’s consent to or approval of any subsequent consent or approval of CONSULTANT, whether or not similar to the act so consented to or approved. Article 16 Notices/Authorized Representatives
Page 233 of 324
5 of 10 Agreement with AIP US, LLC Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery,
by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the
parties at the following address: CITY: CONSULTANT: Danny Crew, CITY Manager Min Wang CITY of Miami Gardens AIP US, LLC 1515 NW 167th Street #200 4825 Red Fox Drive Miami Gardens, FL
33169 Annandale, VA 22003 With a copy to: Sonja K. Dickens, Esq. CITY Attorney Arnstein & Lehr LLP 200 East Las Olas Blvd., Suite 1700 Ft. Lauderdale, FL 33301 Either party shall have
the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Article 17 Independent
Contractor CONSULTANT is and shall remain an independent contractor not an employee or agent of the CITY. Services provided by CONSULTANT shall be by employees of CONSULTANT and nothing
in this Agreement shall in any way be interpreted or construed to deem said employees to be agents, employees, or representatives of the CITY. CONSULTANT shall be responsible for all
compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with CONSULTANT.
Article 18 Assignment This Agreement is not assignable by either party. Article 19 Prohibition Against Contingent Fees CONSULTANT warrants that it has no employees or retained any CONSULTANT
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), CONSULTANT, corporation,
individual or firm, Page 234 of 324
6 of 10 Agreement with AIP US, LLC other than a bond fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration, contingent upon or
resulting from the award or making of this Agreement. Article 20 Attorneys' Fees Should any dispute arise hereunder, the prevailing party shall be entitled to recover all costs, expenses
and attorney’s fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney’s fees through all appeals or other
actions. Article 21 Non-Discrimination CONSULTANT agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the
Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975. CONSULTANT will not discriminate against any employee or applicant for employment because of race, color,
creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family family status or status with regard to public assistance. CONSULTANT will take affirmative
action to insure that all employment practices are free from such discrimination. Article 22 Conflict of Interest CONSULTANT agrees to adhere to and be governed by the Miami-Dade County
Conflict of Interest Ordinance Section 2-11.1, as amended, which is incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder.
Article 23 Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors,
legal representatives, heirs and beneficiaries, as applicable. Article 24 Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State
of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 25 Entire Agreement No statements, representations, warranties,
either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them.
The Page 235 of 324
7 of 10 Agreement with AIP US, LLC parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective
unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. Article 26 Captions and Paragraph Headings Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions
hereof. Article 27 Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction,
be construed more severely against one of the parties that the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. Article 28
Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Article
29 Exhibits are Inclusionary All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten
provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. Article 30 Retention of Records CONSULTANT shall keep its books, records
and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CONSULTANT shall allow access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, made or received by CONSULTANT in conjunction with this Agreement. CONSULTANT's failure to grant such access shall be grounds
for immediate termination of this Agreement by the CITY. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 236 of 324
8 of 10 Agreement with AIP US, LLC IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. CITY OF MIAMI GARDENS _____________________________
Shirley Gibson, Mayor Date:______________________ ATTEST: _______________________ CITY Clerk Ronetta Taylor, CMC Approved as to form and legal sufficiency: ______________________________
Sonja Dickens, CITY Attorney AIP US, LLC By: ____________________________ __________________________ Signature Date ____________________________ Print name Page 237 of 324
9 of 10 Agreement with AIP US, LLC SCOPE OF WORK 1. Activities and Services CONSULTANT will assign a resource person (Min Wang) who will be responsible for the following activities under
the directive of City of Miami Gardens. 1.1 Project Management (on-going): -Schedule at least one (or more) weekly call(s) to discuss weekly status and tasks -Attend other conference
calls on an as-needed basis -Provide other project management activities on an as-needed basis 1.2 Network Operations (on-going): -Provide network configuration, migration, cut-over,
and change support -Provide network troubleshooting /issue resolution support -Provide new device installation support -Provide network devices software upgrade (when needed) and maintenance
support -Provide network Quality of Services (QoS) configuration support for the VoIP system -Monitor weekly LAN/WAN usage and performance (including Cisco LMS) 1.3 Security Operations
(on-going): -Provide network security configuration, migration, cut-over, and change support --Provide security troubleshooting /issue resolution support -Upgrade network security devices
(e.g. IPS, Firewall, MARS) on an on-going basis for new signature files, patches, upgrades, etc. and other maintenance support -Provide device hardening support to follow industry best
practices on network/security hardening configurations -Monitor MARS and IPS status on an on-going basis; provide remediation recommendations for any major threats detected. And implement
remediation recommendations after being approved 1.4 Network /Security Architecture and Engineering (as needed) -Recommend best practice network /security architecture based on needs
and requirements -Recommend architecture based on principles such as redundancy /high-availability, capacity planning, security -Provide new architecture design and/or upgrade path documentation,
and the corresponding Bill of Material (BOM) Page 238 of 324
10 of 10 Agreement with AIP US, LLC -Support new installation and migrating activities 2. Deliverables -Provide weekly network and security status update -Provide architecture /configuration
documentation as needed Page 239 of 324
Support Services Page 240 of 324
Why CrossNet Support Services? Single point of contact: One number – One call! Toll-free access to our industry-leading certified teams. Remote support with on-site assistance if required.
Cost-effective extension to your IT and communications team. Flexibility – service levels that build on each other with additional features. What is CrossNet Support Services? CrossNet
Support Services is a help desk and support service that is flexible, scalable and delivers the experience and expertise of our highly trained Cross technical team. Our certified technical
engineers will support your staff in managing mission-critical voice, data network and applications solutions. Our highly skilled team will compliment your existing staff, allowing you
to better utilize your investment in business communications and networking solutions. Delivering the Support You Need Cross is committed to delivering quality solutions and services
that evolve with your growing business needs. We bring additional value through assessing, maintaining and supporting these solutions for the highest efficiency, performance and value.
As your trusted partner, Cross is dedicated to providing you with total support for your communications and network solutions. Experience and Expertise Cross maintains one of the largest
and most advanced technical teams within the industry. This certified team is uniquely equipped to handle all of your advanced communication support needs and possesses a wide range
of industry skills that include: Administrative Support: ensuring that your solutions are synchronized with your business requirements. Advanced Engineering: in-depth knowledge of the
technology and applications and an engineering team that includes patent-holders on key elements deployed in your solution. Network Solutions: network infrastructure engineers who support
the advanced routing, switching, security and wireless elements of your solution. Professional Services: solution design and custom application delivery to meet all of your business
communication requirements. The Support You Need — One Call Away! Page 241 of 324
Essential Support CrossNet™ Essential Support for Avaya Solutions All rights reserved. Cross and the Cross Telecom logo are registered trademarks of Cross Telecom Corporation. ACM Support
• Remote Voice Mail Programming Support • Remote Administration Support • Programming for Digital, Analog & IP Station Software (station adds, coverage paths, pick-up groups, button
assignment, attendant console, console parameters) • Basic ARS Routing Changes (entries, route patterns, trunk groups) • ISDN/PRI/Tie T-1 Programming and Turn-up Hunt Group and Vectoring
(basic hunt group design and announcement programming) • Basic VDN • Basic Vector Design (basis system features) • EC-500 • System Lists • COR/COS • Feature Access Codes • Dial Plan
• C-LAN Programming • Voice Mail Audix Changes/Adds (auto attendant programming, new and existing subscribers, port additions, basic system features) • Modular Messaging with Avaya Message
Store (new and existing subscribers and basic system features) IP Office Support • Remote Voice Mail Programming Support • Remote Administration Support • Remote Digital, Analog and
IP Station Software Programming and Local Hard/Soft Phone Adds • Call Route Changes and Call Recording Set Up • Configuration Back Up and Application Support • Move, Add and Change (MAC)
Hunt and Time Profile Changes • Administration Error Message Assistance • IP Office and Voice Mail Audit Services • Software Upgrades (v3.2 and above) • Voice Mail Queue Announcement
Change Adds • Voice Mail Pro Port Additions • Conference Bridge Support • Application Support for Metropolis Call Accounting, Mobile Twinning, Multi-Tech Fax Finder, Phone Manager Setup
and Soft Counsel CrossNet Essential+ Support for Avaya Solutions On-site Services • Aftermarket Installations and Re-Arrangements for Non-Configured Avaya Equipment • Move, Add and Change
(MAC) Activity for Avaya Equipment • Basic Maintenance Tasks on IP Office, Avaya Communications Manager, Adjuncts and Other Peripheral Equipment Included Services • CrossNet Essential
Support Support Page 242 of 324
Preferred Support All rights reserved. Cross and the Cross Telecom logo are registered trademarks of Cross Telecom Corporation. CrossNet™ Preferred Support for ProServices and Cisco
Solutions Included Services • CrossNet Essential Support • CrossNet Essential+ Support Contact Center Programming Support • Basic ACD Programming • Deluxe ACD Programming • EAS ACD Programming
• Advocate ACD Programming • Virtual Routing (LAI and BSR) Contact Center Reporting Support • BCMR Software Call Management System (CMS) • CMS External Call History (ECH) • CMS Supervisor
• CMS Custom Reports • Network Reporting • AVAYA IQ Call Recording/Quality Management Support • Verint/Witness ContactStore 7.3 and 7.7 • Verint/Witness Quality 5.4 and 7.7 • Co-Nexus,
Inc. (CXM) 4.3 Proactive Contact Solutions • PCS R3.0 and 4.0 Unified Messaging • Modular Messaging (MSS/Exchange/Sametime) • Message Networking (formerly Interchange) • Speech Access
(SA) • Speech Attendant CTI/CRM Support • Contact Center Express (CCE) • AVAYA Segmentation • AVAYA Interaction Center (AIC) • Operational Analyst (OA) • AVAYA CT Server • MAPD DLG/CVLAN
• CLAN Co-Resident DLG/CVLAN • Application Enablement Servers (AES) Self Service • Conversant • AVAYA IR • Voice Portal • ASR Server • TTS Server Cross ProServices Application Support
Network Support for Cisco Solutions • Cisco Wireless • Cisco Security (Firewall/VPN family only) • Cisco Switches • Cisco Routers • Advanced Parts Replacement Facilitation or SmartNet
Contract Holders • Remote Moves, Adds and Changes (MAC) and Network Consulting • Software Troubleshooting • Cisco Supported Interoperability and Compatibility Issues • Prioritized Cisco
TAC Escalation Page 243 of 324
Complete Support All rights reserved. Cross and the Cross Telecom logo are registered trademarks of Cross Telecom Corporation. CrossNet™ Complete Support for Communication Solutions
Included Services • CrossNet Essential Support • CrossNet Essential+ Support • CrossNet Preferred Support Avaya ACM Advanced Application Support • Advanced Voice Mail Programming Support
• Advanced Administration Support • MAPD Co-Resident DLG/CVLAN • CLAN Co-Resident DLG/CVLAN • DCS • Dialing Transparency • Firmware Updates • Software Patches and Updates Additional
Avaya Solution Support • QSIG • System Audits (does not include PBX security audits) • IP Changes • IP Trunking Additional Services • On-site Support for Cisco Solutions • Cross University
Training Additional Services with Complete Support Page 244 of 324
CrossNet™ Support Features Feature Essential + Preferred Complete Toll-free technical support for Avaya solutions Monday -Friday 8 a.m. -5 p.m. (your local time). X X X X Remote support
for Avaya solution moves, adds and changes (MAC). † X X X X On-site support for Avaya solutions. — X X X Access to Data Engineers for Avaya and Cisco network solutions. — — X X Access
to CRM Software Support Engineers. — — X X Escalation to Avaya help desk or DevConnect organization for interoperability and testing based on severity and duration of the problem. *
— — X X Escalation to Cisco Technical Assistance Center (TAC) based on severity and duration of the problem. ** — — X X Manufacturer corrective software patch and firmware updates for
CRM and Cisco network solutions. † — — X X Troubleshoot hardware and software for interoperability and compatibility issues. † — — X X Customer records and backup of existing device
configuration stored at Cross. † — — X X Advanced communication application support for contact center call recording, self service, messaging and CTI/CRM. — — X X On-site support for
Cisco network solutions. — — — X Access to Voice Engineers for advanced support of Avaya ACM solutions. — — — X Manufacturer corrective software patch and firmware updates for Avaya
solutions. † — — — X Cross University training. — — — X † Requires remote access via Virtual Private Network (VPN) connectivity or otherwise agreed upon method to the customer network.
* Requires appropriate Avaya Maintenance contract. ** Requires appropriate SmartNet contract with manufacturer. All rights reserved. Cross and the Cross Telecom logo are registered trademarks
of Cross Telecom Corporation. Page 245 of 324
For more details on CrossNet Support Services, please contact your Cross National Account Executive or call toll-free at 866-983-3500. www.crosstelecom.com All rights reserved. Cross
and the Cross Telecom logo are registered trademarks of Cross Telecom Corporation. By offering you a flexible suite of support services designed to meet your specific needs, Cross can
assist you in effectively managing your voice, data network and application solutions. These services allow you to maintain high-quality performance while controlling operational costs.
Through CrossNet Support Services, you have access to our award-winning engineers and technicians who provide a high level of service and support which is consistent with our sophisticated
solutions. Our proactive support, problem resolution management, advanced monitoring and experienced technical
resources allow you to keep pace with critical business demands and extend the value of your investment. Page 246 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No x Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No
RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny Crew, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING
GOALS OF THE GOLD COAST CLEAN CITIES COALITION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: The Clean Cities
Program began in 1993 with the creation of the Florida Gold Coast Clean Cities Coalition by Executive Order of the Governor and our subsequent Clean Cities designation by the U.S. Department
of Energy. The Florida Gold Coast Clean Cities Coalition is a public/private advisory board composed of state legislators, local government representatives, federal and state agencies,
and private sector representatives concerned with alternative fuel programs. The role of the Coalition is to provide a fuel neutral policy direction to maximize the use of vehicles operating
on clean alternative fuels throughout the five county area. This area is composed of Broward, Martin, Miami‐Dade, Monroe and Palm Beach counties. Council staff provides support to the
Coalition through a contract with the Florida Department of Community Affairs. The mission of the organization is to reduce our dependence on imported oil and improve the environment
by creating a sustainable alternative fuel market through the support and promotion of clean fuels. The goals established by the organization are: • To increase the acquisition and use
of alternative fuel vehicles • To develop alternative fuel infrastructure • To contribute to economic development through the support of alternative fuel industry ITEM K-10) CONSENT
AGENDA RESOLUTION Supporting Gold Coast Clean Cities Coalition Page 247 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • To promote the benefits of using alternative fuel vehicles • To gain legislative support and funding for alternative
fuel vehicle programs In an effort to continue to be competitive in the receipt of Federal Energy Conservation dollars, city staff has been working a joint application with the Coalition
to secure funding to assist converting part of our fleet to alternate fuels, but prior to their grant submittal, we must be members. The City is applying for $500,000. Membership is
$2,000. Funds are available in my budget. Proposed Action: It is recommended that the City Council adopt the attached resolution endorsing the goals of the Gold Cost Clean Cities Coalition.
Attachment: Attachment A : Information from the Gold Coast Clean Cities Coalition. Page 248 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING GOALS OF THE GOLD COAST CLEAN CITIES COALITION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clean Cities Program was initiated in 1993 by the Florida Gold Coast Clean Cities Coalition (“Coalition”), and 1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16 17 18 19 WHEREAS, the goal of the Coalition is to provide a fuel neutral policy direction to maximize the use of vehicles operating on clean alternative fuels throughout the
five county area of Broward, Martin, Miami-Dade, Monroe, and Palm Beach Counties, and WHEREAS, the goals of the organization are: • To increase the acquisition and use of alternative
fuel vehicles; • To develop alternative fuel infrastructure; • To contribute to economic development through the support of alternative fuel industry; • To promote the benefits of using
alternative fuel vehicles; and • To gain legislative support and funding for alternative fuel vehicle programs. WHEREAS, the City Council of the City of Miami Gardens would like to endorse
the goals of the Gold Coast Clean Cities Coalition, and WHEREAS, the U.S. Department of Energy has instituted a program to promote the use of alternative fuels in vehicles, and WHEREAS,
the Gold Coast Clean Cities Coalition has been established and designated by the U.S. Department of Energy as a Clean cities Coalition, and Page 249 of 324
WHEREAS, the Gold Coast Clean Cities Coalition has adopted the U.S. Department of Energy goal to put as many alternative fuel vehicles on the road in the shortest time possible, and
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 WHEREAS, the regional policy plan for both the South Florida and Treasure Coast Regional Planning
Councils include the goal of improving air quality in their respective geographic areas which encompasses the Gold Coast, and WHEREAS, it is prudent to reduce our dependence on imported
energy sources, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs
are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens
hereby supports the goals of the Gold Coast Clean Cities Coalition. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED
BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: Page 250 of 324
48 _________________________________ 49 50 51 52 53 54 55 56 57 58 59 RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW,
CITY MANAGER MOVED BY:_____________________ VOTE: _____ 60 Mayor Shirley Gibson (Yes) ___(No) 61 Vice Mayor Barbara Watson (Yes) ___(No) 62 Councilman Melvin L. Bratton (Yes) ___(No)
63 Councilman Aaron Campbell (Yes) ___(No) 64 Councilman Oliver Gilbert, III (Yes) ___(No) 65 Councilwoman Sharon Pritchett (Yes) ___(No) 66 Councilman André Williams (Yes) ___(No) 67
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
Park Impact Fees Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Clay County Bid #08/093 X Sponsor Name Dr. Danny O.
Crew, City Manager Department: Parks and Recreation Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE
ORDER TO BLISS PRODUCTS AND SERVICES, INC., IN THE AMOUNT OF ONE HUNDRED NINETYNINE THOUSAND, NINE HUNDRED FORTY-SEVEN DOLLARS ($199,947.00) FOR THE PURCHASE OF PLAYGROUND EQUIPMENT
AND POURED IN PLACE SURFACING AT BRENTWOOD PARK BY RELYING UPON THAT CERTAIN CLAY COUNTY BID #08/09-3; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff
Summary: In October 2006, staff worked with consultant architectural/engineering firms to create a park design charrette, highlighting amenities slated for upgrades as part of the scheduled
park renovations. These amenities (also known as site features) offer connectivity to the park system and, further, offers the City the opportunity to create consistent designs and add
distinctive character to the City’s parks system. These site features include, but are not limited to, lighting, benches, tables, signage, parking, pavilions/shelters, fencing, playground
equipment, restroom fixtures and accessories, L.E.E.D. (Leadership in Energy and Environmental Design) elements, color palettes, playground surfacing, and overall park design elements.
As part of the Parks Master Plan, Brentwood Park is to receive a new playground. This equpment will serve as upgrades to the existing facilities by offering additional ITEM K-11) CONSENT
AGENDA AGENDA RESOLUTION P.O. to Bliss Products & Services Page 267 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 amenities to users of the park. As part of the charrette process, the City selected Kompan and Park ‘N Play Structures
as the most comparable manufacturer of playground equipment in the areas of creativity, distinctiveness, reparability, vandal‐resistance and incorporation into the overall park theme.
Specifically, Park ‘N Play Structures provides playground equipment for various age groups, thereby allowing optimum use by challenging its users in physical activity by the appropriate
age. Staff contacted Bliss Products to provide new playground equipment and poured‐in‐place surfacing at the Brentwood Park site. This site is the only park in the City that does not
have a playground. In order to expedite the procurement process, the attached quotes reflect the pricing utilizing Clay County’s Bid# 08/09‐3. Clay County competitively bid for various
equipment and amenities for parks and playgrounds. Bid #08/09‐3 is for the purchase, installation and demolition of playground equipment; it was awarded to Bliss Products and Services,
Inc. located in Jacksonville, Florida. (See attached.) Bliss Products and Services is the distributor for Kompan, Park ‘N Play Playgrounds (playground equipment) and SofSurfaces, Inc.
(playground surfaces). Proposed Action: It is recommended that City Council approve the attached resolution authorizing the issuance of a purchase order to Bliss Products and Services,
Inc. in the amount of $199,947 for the purchase of playground equipment and poured‐in‐place surfacing at Brentwood Park. Attachment: Attachment A – Quotation from Bliss Products for
Brentwood Park Attachment B – Skematic design of playground equipment layout Attachment C – Clay County bid# 08/09‐3 Page 268 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO BLISS PRODUCTS AND SERVICES, INC.,
IN THE AMOUNT OF ONE HUNDRED NINETY-NINE THOUSAND, NINE HUNDRED FORTY-SEVEN DOLLARS ($199,947.00) FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AND POURED IN PLACE SURFACING AT BRENTWOOD
PARK BY RELYING UPON THAT CERTAIN CLAY COUNTY BID #08/09-3; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of the City’s Parks Master Plan,
a new playground will be installed at Brentwood Park, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, City has utilized structures manufactured by Kompan and Park ‘N Play Structures
previously, and believe that these companies provide creative, distinctive, and reliable playground equipment and would like to utilize this equipment in Brentwood Park, and WHEREAS,
Clay County competitively bid for playground equipment utilizing Bid #08/09-3, and WHEREAS, the City City would like to rely upon Clay County’s bid for purchase of playground equipment
from Bliss Products and Services, Inc., the distributor for Kompan and Park ‘N Play Structures playgrounds, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific
part of this Resolution. Page 269 of 324
Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to issue a purchase order to Bliss Products and Services, Inc., in the amount
of One Hundred Ninety-Nine Thousand, Nine Hundred Forty-Seven Dollars ($199,947.00) for the purchase of playground equipment and poured in place surfacing at Brentwood Park by relying
upon that certain Clay County Bid #08/09-3. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 3. EFFECTIVE DATE: This Resolution
shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. ________________________________
_ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY
MANAGER MOVED BY:_____________________ VOTE: _____ 49 Mayor Shirley Gibson (Yes) ___(No) 50 Vice Mayor Barbara Watson (Yes) ___(No) 51 Councilman Melvin L. Bratton (Yes) ___(No) 52 Councilman
Aaron Campbell (Yes) ___(No) Page 270 of 324
53 Councilman Oliver Gilbert, III (Yes) ___(No) 54 Councilwoman Sharon Pritchett (Yes) ___(No) 55 Councilman André Williams (Yes) ___(No) 56 57 58 SKD/teh 8461466_1.DOC Page 271 of 324
Bliss Products and Services, IncQuotation 6831 S. Sweetwater Rd.Lithia Springs, GA 30122(800) 248-2547(770) 920-1915 Fax 16444 Project 4/1/2009 BRENTWOOD PARK -KOMPAN Date Bill To Contact
CITY OF MIAMI GARDENS1515 N.W. 167th Street SUITE 2OOMIAMI GARDENS FL 33169 Phone (305) 652-1732 Fax (305) 652-4677 KARA PETTYINTERIM DIRECTOR Terms Approximate Ship Date Ship Via Part
No. Description Qty Price Total30 Days Patty Carruthers patty@blissproducts.com Installation prices are based on truck access to the site and normal soil conditions. Any buried rock
or debris may be cause for additional charges. Any Site preparation or demolition not specified above must be completed prior to installation of the equipment. Site restoration, unless
otherwise noted, is not included. Please refer to your installation agreement for further details. Sales tax if applicable is not included. Sales tax exempt certificate will be required
for exemption. All orders are subject to approval and acceptance by the manufacturer. Signature Date Sub Total 196,667.70 Freight 3,280.00 Tax 0.00 Install 0.00 Grand Total 199,947.70
Page 1 of 2 CHILDSAFE PIP SURFACE POURED IN PLACE SURFACING PER DESIGN AT THE APPROPRIATE THICKNESS REQUIRED PER ASTMASTM -50% COLOR 50% BLACK WITH DESIGN SIMILIAR TO BRENTWOOD POOL
1 51,570.00 51,570.00 Freight1 0.00 0.00 DISCOUNT DISCOUNT PER CLAY COUNTY FLORIDA BID NO 08/09-3"VARIOUS EQUIPMENT & AMENITIES FOR PARKS & PLAYGROUNDS" 1 -7,123.30 -7,123.30 Freight1
0.00 0.00 DJB Max SITE PREP /CONCRETE SITE PREP, FORM & POUR CONCRETE SLAB AS REQUIRED FOR PIP INSTALLATIONNCLUDES SOIL TEST & STATEMENT-INCLUDES UP TO 12" FILL IF REQUIRED 1 33,500.00
33,500.00 Freight1 0.00 0.00 INSTALLER INSTALL INSTALLATION OF KOMPAN PLAY EQUIPMENT1 25,950.00 25,950.00 Freight1 0.00 0.00 KOMPAN MSC6411P HOME /RESCUE LARGE -SURFACE MOUNT1 31,350.00
31,350.00 M186P GARDEN SEE SAW -SURFACE MOUNT1 5,600.00 5,600.00 M168P LADYBUG -SURFACE MOUNT1 1,078.00 1,078.00 M166P AMBULANCE -SURFACE MOUNT1 1,075.00 1,075.00 M535P FIRE ENGINE -SURFACE
MOUNT1 10,850.00 10,850.00 Page 272 of 324
Bliss Products and Services, IncQuotation 6831 S. Sweetwater Rd.Lithia Springs, GA 30122(800) 248-2547(770) 920-1915 Fax 16444 Project 4/1/2009 BRENTWOOD PARK -KOMPAN Date Bill To Contact
CITY OF MIAMI GARDENS1515 N.W. 167th Street SUITE 2OOMIAMI GARDENS FL 33169 Phone (305) 652-1732 Fax (305) 652-4677 KARA PETTYINTERIM DIRECTOR Terms Approximate Ship Date Ship Via Part
No. Description Qty Price Total30 Days Patty Carruthers patty@blissproducts.com Installation prices are based on truck access to the site and normal soil conditions. Any buried rock
or debris may be cause for additional charges. Any Site preparation or demolition not specified above must be completed prior to installation of the equipment. Site restoration, unless
otherwise noted, is not included. Please refer to your installation agreement for further details. Sales tax if applicable is not included. Sales tax exempt certificate will be required
for exemption. All orders are subject to approval and acceptance by the manufacturer. Signature Date Sub Total 196,667.70 Freight 3,280.00 Tax 0.00 Install 0.00 Grand Total 199,947.70
Page 2 of 2 ELE400024 SPINNER BOWL-SURFACE MOUNT1 825.00 825.00 ELE400046 MEGAPHONE -SURFACE MOUNT1 395.00 395.00 ELE400045 BINOCULARS -SURFACE MOUNT1 355.00 355.00 ELE500007 VERTIGO
SPINNER -SURFACE MOUNT1 1,495.00 1,495.00 GXY801400-5017 SPICA 1 -SURFACE MOUNT1 1,995.00 1,995.00 PERMIT/ENGINEERINGENG DRAWINGS FOR PERMITTING1 1,875.00 1,875.00 GXYT22385 CUSTOM GALAXY
UNIT -MOIDFIED IZAR -SURFACE MOUNT1 33,958.00 33,958.00 SPFE26330 100 MM ORBIT1 280.00 280.00 SPFE26335 300 MM ORBIT1 290.00 290.00 SPFE26340 600 MM ORBIT1 300.00 300.00 ELE400006 HAMMOCK1
1,050.00 1,050.00 Freight1 3,280.00 3,280.00 Note: PRICE TO FURNISH, DELIVER AND INSTALL. FREE KOMPAN FREIGHT IF ORDERED BY APRIL 30, 2009. PRICES PER CLAY COUNTY BID 08/09-3. PRICES
VALID FOR 30 DAYS. Page 273 of 324
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NOTICE OF DECISION BY THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA, ON BID NO. 08/09-3 Various Equipment and Amenities for Parks and Playgrounds In accordance with the provisions
of Section 120.57 (3), Florida Statutes, notice is hereby given and posted of the decision of the Board of County Commissioners of Clay County, Florida (hereinafter the “Board”) with
respect to Bid No.: 08/09-3. Bids were opened on December 2, 2008. On January 13, 2009, the Board during its regular meeting rendered its decision to post the notice of intent and to
award the bid to various vendors immediately following the 72-hour posting period provided no protest is filed. Attached hereto is a Bid Recommendation for Bid No. 08/09-3. The decision
of the Board is final. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida
Statutes. Fritz A. Behring County Manager Date of Posting: Date of Removal: ______________________ Time of Posting: Time of Removal: _______________________ Initials: Initials:__________________
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilman Andre Williams Department: Police Department
Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING A TIPS PROGRAM IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. Staff Summary: Since the inception of the Miami Gardens Police Department, information on criminal activity has been received via a variety of methods. Communication
of information to the Department is paramount in solving crimes and crime prevention. In support of this mission the concept of the TIPS Program was developed to be used as yet another
vehicle for the Department to receive information in furtherance of creating a safer community. The TIPS Program will be implemented as an informational based, reward free system that
will rely solely on information provided by residents and business owners. The Program will be implemented by the Police Department which will receive, track and measure the information
received via the “TIPS” cards. Specific logs will be kept documenting the information that is received, actions taken and results if any. This Program is not meant to compete with Crimestoppers
or the Gun Bounty Program, but instead to be another vehicle for the Police Department to receive information from the public much like information received now via telephone, letter
and email. The cost for printing the TIPS cards and corresponding literature will be incurred by a local corporate sponsor. Additionally the Miami Gardens Jaycees are supporting this
program as are local homeowners associations. ITEM K-12) CONSENT AGENDA RESOLUTION TIPS program Page 286 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilman Andre Williams recommends that the City Council approve the implementation of the TIPS
Program in the City of Miami Gardens. Attachment: Attachment A: Sample TIPS Flyer Page 287 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING A TIPS PROGRAM IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, it is important that the City of Miami Gardens provide a vehicle for residents to assist with solving crimes and crime prevention, and 1 2 3 4 5
6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, the TIPS Program has been identified as a resource whereby residents can provide information to the Police Department in an effort to solve
and reduce crimes, and WHEREAS, the TIPS Program relies upon information received by residents and business owners which information could be instrumental in assisting the Police Department
with solving crimes, and WHEREAS, the City Council supports the TIPS Program and would like to implement a Program within the City of Miami Gardens, NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being
true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to implement
a TIPS Program within the City of Miami Gardens and to take any and all steps necessary to implement the Program. Page 288 of 324
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________
____ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS MOVED BY:_____________________ VOTE: _____ 45 Mayor
Shirley Gibson (Yes) ___(No) 46 Vice Mayor Barbara Watson (Yes) ___(No) 47 Councilman Melvin L. Bratton (Yes) ___(No) 48 Councilman Aaron Campbell (Yes) ___(No) 49 Councilman Oliver
Gilbert, III (Yes) ___(No) 50 Councilwoman Sharon Pritchett (Yes) ___(No) 51 Councilman André Williams (Yes) ___(No) 52 53 54 SKD/teh 8434257_1.DOC Page 289 of 324
1020 NW 163rd Drive Miami Gardens, Fl 33169 Miami Gardens Police Department TIPS Project 1020 NW 163rd Drive Miami Gardens, FL 33169 Page 290 of 324
The Miami Gardens Police Department is committed to building a better tomorrow through community interaction. This will be accomplished through mutual trust and cooperation with those
“We Serve.” We are committed to providing ethical, quality and responsive service to the community with professionalism, pride and trust. This trust will be established by providing
service which will be fair, and by protecting our citizens with consistent commitment which will be unyielding. If you would like to be contacted, Please provide the following: First
Name: __________________________________________ Last Name: __________________________________________________ Address: _________________________________________________________ City:
____________________________________________ Contact Telephone Number: ___________________________________ Email: _________________________________________________ Date of Incident:
______________________________ Time of Incident: ___________________ Type of Incident: ________________________________________ Incident Location: _________________________________________
Auto Involved: License Plate#: __________________________________ Car Make: ___________________________ Color: _____________________ Subject Information: First Name: ________________________________
Last Name: ______________________________ Nickname: ___________________ Possible Address: __________________________________________________________________________________________________
Person Description (circle): Race: Black, White, Hispanic, Other: ________________________ Tattoo: _________________________ Approximate Age: _________ Height:__________ Weight: ________
Hair Type: _________________ Hair Color: ________________ Details of Incident or Information: ALL INFORMATION WILL REMAIN CONFIDENTIAL Page 291 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
(Police Budget) Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilman Oliver Gilbert Department: Police
Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE CITY OF MIAMI GARDENS OUR HOMES, OUR STREETS AND OUR COMMUNITY INITIATIVE
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED AGREEMENTS AND TAKE ALL NECESSARY STEPS IN ORDER TO IMPLEMENT THE INITIATIVE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. Staff Summary: In an effort to enhance community relations, share information and foster partnerships within the City of Miami Gardens (CMG) the Our Homes,
Our Streets and Our Community initiative is being proposed for implementation. This initiative will involve direct participation of the Police Department, Neighborhood Watch Groups and
community members interacting for the purpose of creating safer communities throughout the City. The initiative will consist of quarterly walks in communities that sponsor Neighborhood
Watch Programs in order to boost membership, build police /community relations and gather information. Representatives from the Watch Programs will go door to door with police officers
promoting the Neighborhood Watch concept and exchanging information with their neighbors. The success of the program will not depend on those joining, although it is the desired outcome,
but instead on an increased awareness of who their neighbors are, who their police officers are and the building of a relationship between all involved. ITEM K-13) CONSENT AGENDA RESOLUTION
Our Home, Our Streets, and Our City Community Initiative Page 292 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 It is anticipated that nine neighborhoods will be targeted each quarter with a police officer assigned to each group.
The content of the walks will be fluid and can be adjusted to meet the needs of the Department and/or the City if a specific event or incident has taken place. The overall objective
of the program is face‐to‐face contact, which will create positive interactions. The City and the Department is taking this first step in order to engage our residents in order to enhance
our process and create a spirit of trust and cooperation. A related component of this initiative involves the aesthetic condition of the homes and streets throughout the City. We know
that how a neighborhood looks often has a direct correlation to its safety. Rundown homes tend to foster criminal behavior, in addition to negatively affecting property values. The City
recently approved a Neighborhood Revitalization Strategy Area (NRSA) for the Bunche Park area, area,
with the purpose of addressing the exterior condition of residential properties. This effort will include the exterior painting and fence repair of some of the homes, some street and
drainage improvements, and possibly some tree planting along the public right of way. We will begin by targeting particular blocks within this neighborhood with the objective of creating
“model blocks” that can be duplicated Citywide. An additional component of the Our Homes, Our Streets and Our Community initiative is to partner with the CMG Junior Council to create
positive relationships in our middle and high schools. The Junior Council has been at the forefront of youth issues and can be enlisted to foster positive relations between community
members, the Police Department and schoolchildren. Additionally the Junior Council can be instrumental in implementing Youth Crime watch programs, which are an integral part of prevention
of crimes in our schools and communities. Costs for this initiative will be incurred from the Department’s overtime line item, which will cover the expense of officers being assigned
to each group. The approximate yearly costs will be $6200.00. Results of the initiative will be captured and evaluated based on number of new Watch members registered and information
received on open cases. Proposed Action: Councilman Oliver Gilbert recommends that the City Council approve the implementation of the Our Homes, Our Streets, and Our Community Initiative
in the City of Miami Gardens. Attachment: Page 293 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE CITY OF MIAMI GARDENS OUR HOMES, OUR STREETS AND OUR COMMUNITY INITIATIVE AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED AGREEMENTS AND TAKE ALL NECESSARY STEPS IN ORDER TO IMPLEMENT THE INITIATIVE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, in an effort to create a safer community, the City Council would like to create the City of Miami
Gardens Our Homes, Our Streets and Our Community Initiative (“Initiative), and WHEREAS, the purpose of the Initiative is to enhance community relations, share information and foster
partnerships within the City, and WHEREAS, representatives from the Police Department, Neighborhood Watch Groups and community members will be participants in the Initiative, and WHEREAS,
the Initiative will consist of the following: a. Quarterly walks with assigned police officers, in communities that sponsor Neighborhood Watch Programs in order to boost membership,
build police/community relations and gather information; b. Addressing the aesthetic condition of homes and streets throughout the City by using various tools including Neighborhood
revitalization Strategy Area designations; c. Creating a partnership with the City of Miami Gardens Junior Council to create positive relationships in our middle and high schools, and
WHEREAS, the estimated cost of the Initiative will be Six Thousand, Two Hundred Dollars ($6,200) and will be taken from the Police overtime line item, and 8441236.1 Page 294 of 324
23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHEREAS, City staff is requesting that the City Council approve the Initiative and authorize the
City Manager to take all steps necessary in order to implement the Initiative, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section
1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section
2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby approves the City of Miami Gardens Our Homes, Our Streets and Our Community Initiative as outlined in the Agenda
Cover Memorandum that accompanies this item, and authorizes the City Manager to execute all required agreements and to take all necessary steps to implement the Initiative. Section 3.
EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD
ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK 8441236.1 Page 295 of 324
8441236.1 52 53 54 55 56 57 58 59 60 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILMAN OLIVER GILBERT, III MOVED BY:_____________________ VOTE: _____ 61
Mayor Shirley Gibson (Yes) ___(No) 62 Vice Mayor Barbara Watson (Yes) ___(No) 63 Councilman Melvin L. Bratton (Yes) ___(No) 64 Councilman Aaron Campbell (Yes) ___(No) 65 Councilman Oliver
Gilbert, III (Yes) ___(No) 66 Councilwoman Sharon Pritchett (Yes) ___(No) 67 Councilman André Williams (Yes) ___(No) 68 69 70 SKD/teh Page 296 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: General Fund Advertising Requirement: Yes No X Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Barbara Wat Vice Mayor son, Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROVIDING
A SPONSORSHIP IN THE AMOUNT $5,000.00 TO WORLDCARE, INC., IN SUPPORT OF A CELBRITY GOLF TOURNAMENT & BANQUET; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: WorldCare Inc., serves in the community by providing assistance to the victims of natural disasters, including but not limited
to hurricanes. The City of Miami Gardens along with other local government, civic, business, business, faith based organizations, and other agencies in Miami‐Dade and Broward counties
make up the members of WorldCare Ind. A non‐profit organization, the primary source of funding is through donations and fund raising events. As an active member, the City of Miami Gardens
would like to sponsor the organizations’ upcoming Celebrity Golf Tournament and Banquet on Saturday, May 16th at the Country Club of Miami in Miami Lakes for a sum of $5000 from the
General Fund. Proposed Action: Vice Mayor Watson is requesting that the City Council approve this resolution in support of sponsoring the Celebrity Golf Tournament & Banquet event to
be by WorldCare Inc. ITEM L-1) RESOLUTION Sponsorship to Worldcare, Inc. Page 297 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: None. Page 298 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROVIDING A SPONSORSHIP IN THE AMOUNT OF $5,000.00 TO WORLDCARE, INC., IN SUPPORT OF A CELEBRITY
GOLF TOURNAMENT & BANQUET; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, WorldCare is a nonprofit
501(C)(3) organization whose mission is to assist victims of hurricanes and to provide support in the City of Miami Gardens to victims of hurricanes, and WHEREAS, WorldCare is hosting
a Celebrity Golf Tournament & Banquet on May 16, 2009 at the County Club of Miami Lakes, Florida, and WHEREAS, a portion of the proceeds of the Celebrity Golf Tournament & Banquet will
assist residents of Miami Gardens who have been and may be victims of hurricanes, and WHEREAS, the City Council would like to authorize the City Manager to expend the sum of $5,000,
from the General Fund, for a City sponsorship of the event, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF
REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. SPONSORSHIP:
The City Council of the City of Miami Gardens hereby agrees to provide a sponsorship in the amount of $5,000.00 to Worldcare, Inc., in support of the Celebrity Golf Tournament & Banquet
to be held at the County Club of Miami Lakes, Florida. 8447291.1 Page 299 of 324
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________________
____ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: VICE-MAYOR BARBARA WATSON MOVED BY:_____________________ SECONDED BY: _________________
VOTE: _____ 47 Mayor Shirley Gibson (Yes) ___(No) 48 Vice Mayor Barbara Watson (Yes) ___(No) 49 Councilman Melvin L. Bratton (Yes) ___(No) 50 Councilman Aaron Campbell Jr. (Yes) ___(No)
51 Councilman André Williams (Yes) ___(No) 52 Councilwoman Sharon Pritchett (Yes) ___(No) 53 54 55 56 Councilman Oliver Gilbert III (Yes) ___(No) SKD/teh 8447291.1 Page 300 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 13, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
Homelessness Prevention Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew, City Manager
Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A SUBSTANTIAL AMENDMENT TO THE THIRD PROGRAM YEAR ANNUAL
ACTION PLAN ATTACHED HERETO AS EXHIBIT A, IN ORDER TO ALLOCATE THE ADDITIONAL FUNDS TO BE RECEIVED BY THE CITY BECAUSE OF THE HOMELESSNESS PREVENTION FUND; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The enactment of the American Recovery and Reinvestment Act (ARRA) of 2009 was signed into law on February
17, 2009. Nationwide funding allocations are based on the U.S. Department of Housing and Urban Development’s (HUD) current distribution formula. In order to have an immediate impact,
(HUD) has determined that the additional allocations shall be included as an amendment to the 2008-2009 Annual Action Plan. Congress has designated that $1.5 billion of these funds be
used for the Homelessness Prevention Fund, also referred to as the Homelessness Prevention and Rapid Re-Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment
Act of 2009. HPRP allows communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing
homelessness to be quickly re-housed and stabilized. ITEM M-1) RESOLUTION PUBLIC HEARING Homelessness Prevention Fund Page 301 of 324
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The federal legislation outlines eligible uses of the funding in a way that allows for flexibility at the local
level to implement a prevention and re-housing strategy that best fits the community’s needs. Programs can be designed to include both primary and secondary prevention strategies. Primary
prevention prioritizes those at imminent risk of homelessness and secondary prevention focuses on rapid exit from shelter and prevention of lengthy or repeated homelessness and its negative
consequences. Current Situation As an Entitlement community, the City of Miami Gardens is eligible to receive $567,612 to carry out this program. In order to receive the funds, a substantial
amendment to the Annual Action Plan must be submitted to HUD by May 18, 2009. Under the HPRP program, all funds must be obligated within two years (September 30, 2011) and all funds
must be completely expended within three years (September 30, 2012). In order to meet this requirement, sixty percent (60%) of the funds must be spent within two years of the execution
of the grant agreement with HUD or no later than August 1, 2011. There are four categories of eligible activities in this program including financial assistance, housing and relocation
and stabilization services, data collection and evaluation. The program also provides five percent (5%) of the allocation for administrative costs. A myriad of services can be provided
under the categories listed above. Some of these services can include: • Eligibility certification (once every 3-months) • Outreach and engagement • Data collection and evaluation •
Short term rental assistance (up to 3 months) • Moving and relocation costs • Security and Utility Deposits • Legal services (for landlord/tenant issues only) • Arrearage of utility
payments (up to 6 months) Given the May 18th deadline provided by HUD to submit the substantial amendment, it became necessary to combine the citizen participation requirement (public
hearing) and the City Council resolution. Comments received during this public hearing will be incorporated into the substantial amendment document. A resolution substantially amending
the third (3rd) Year Annual Action Plan is required in order to fulfill our obligations to receive these funds. Recommendation: Staff recommends approval of the proposed resolution authorizing
a substantial amendment to its third (3rd) Program Year Annual Action Plan. Attachment: • Substantial Amendment Document • HPRP program outline and proposed budget Page 302 of 324
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A SUBSTANTIAL AMENDMENT TO THE THIRD PROGRAM YEAR ANNUAL ACTION PLAN ATTACHED
HERETO AS EXHIBIT A, IN ORDER TO ALLOCATE THE ADDITIONAL FUNDS TO BE RECEIVED BY THE CITY BECAUSE OF THE HOMELESSNESS PREVENTION FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (“ARRA”) of 2009, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
16 17 WHEREAS, one of the components of the Act is the authorization of one and a half Billion Dollars ($1,500,000,000.00) to the Homelessness Prevention Fund, also referred to as the
Homelessness Prevention and Rapid Re-Housing Program (“HPRP”), and WHEREAS, in accordance with the HPRP, the City of Miami Gardens is eligible to receive $567,612.00 to carry out this
program, and WHEREAS, the purpose of the funds appropriated to the City through the HPRP will be for providing financial assistance and services to either prevent individuals and families
from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized, and WHEREAS, in order for the City to receive the funds and to expend them
in accordance with the federal guidelines, it is necessary and appropriate for the City to amend its Third Year Program Action Plan to account for the additional funding, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 303 of 324
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution.
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
a substantial amendment to its Third Program Year Annual Action Plan in accordance with Exhibit A attached hereto in order to allocate the additional funds to be received by the City
because of the Homelessness Prevention Fund Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MAY 13, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR,
CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 50 Mayor Shirley Gibson (Yes)
___(No) 51 Vice Mayor Barbara Watson (Yes) ___(No) 52 Councilman Melvin L. Bratton (Yes) ___(No) Page 304 of 324
53 Councilman Aaron Campbell (Yes) ___(No) 54 Councilman Oliver Gilbert, III (Yes) ___(No) 55 Councilwoman Sharon Pritchett (Yes) ___(No) 56 Councilman André Williams (Yes) ___(No) 57
58 Page 305 of 324
City of Miami Gardens Homelessness Prevention & Rapid Re‐Housing Program Program Outline & Recommendation Overview: Congress has designated $1.5 billion for the Homelessness Prevention
Fund, also referred to as the Homelessness Prevention and Rapid Re‐Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment Act of 2009. HPRP allows communities
to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re‐housed
and stabilized. The federal legislation outlines eligible uses of the funding in a way that allows for flexibility at the local level to implement a prevention and re‐housing strategy
that best fits the community’s needs. Programs can be designed to include both primary and secondary prevention strategies. Primary prevention prioritizes those at imminent risk of homelessness
and secondary prevention focuses on rapid exit from shelter and prevention of lengthy or repeated homelessness and its negative consequences. There are four categories of eligible activities
for the HPRP program: • financial assistance, • housing relocation and stabilization services, • data collection and evaluation, • and administrative costs. These eligible activities
are intentionally focused on housing—either financial assistance to help pay for housing, or services designed to keep people in housing or to find housing. Generally, the intent of
HPRP assistance is to rapidly transition program participants to stability, either through their own means or through public assistance, as appropriate. The City of Miami Gardens has
received a funding allocation of $567,612 by Department of Housing and Urban Development (HUD), for implementation of the HPRP. In order to be eligible for these funds, a Substantial
Amendment to the FY 2008‐09 Annual Action Plan is required. Recommendation: After reviewing the HPRP guidelines and eligible activities, staff recommends the implementation of a Homelessness
Prevention Program in the City of Miami Gardens through the Department of Community Development that will provide financial assistance to residents that are at‐risk of immediate homelessness,
including but not limited to, services listed below. • Eligibility certification • Outreach and engagement • Legal Services (rental only) • Data collection and evaluation Page 306 of
324
City Miami Gardens HPRP Outline & Recommendation Page 2 • Short‐term rental assistance • Moving and relocation costs • Security and Utility Deposits • Arrearage of Utility Payments The
program will be administered through a sub‐recipient agreement or through direct services provided by the Department. Participants must meet the eligibility criteria of 50% or below
Area Median Income (AMI) for the program. The Department will issue a Request for Proposals (RFP) to partner with an appropriate not‐for‐profit organization having the capacity to administer
the program. Under the HPRP program, all funds must be obligated within two years (September 30, 2011) and all funds must be completed expended within three years (September 30, 2012).
In order to meet this requirement, sixty percent (60%) of the funds must be spent within two years of the execution of the grant agreement with HUD or no later than August 1, 2011. Challenges:
One of the greatest challenges will be identifying residents that meet the eligibility eligibility criteria. While there is a great need for this type of assistance, many of the individuals
and families applying for similar types of assistance do not meet the 50% or below AMI requirement. Another challenge will be in the area of outreach and engagement. In past programs,
residents have indicated that they are not aware of certain programs and services provided at the City. Reaching the intended population will be imperative for the success of the program.
Below is a table showing income eligibility. Family Size 1 2 3 4 5 6 7 8 50% AMI 23,600 26,950 30,350 33,700 36,400 39,100 41,800 44,500 Page 307 of 324
City Miami Gardens HPRP Outline & Recommendation Page 3 1Financial assistance includes but is not limited to short‐term rental assistance, security and utility deposits, arrearage of
utility payments 2Housing relocation includes but is not limited to moving and relocation costs, legal services, outreach and engagement Total Est. Budget Financial Assistance1 $ 269,869
Housing Relocation2 $ 185,811 Data Collection and Evaluation $ 37,602 Outreach and Engagement $ 45,949 Admin (5%) $ 28,381 Total Budget $ 567,612 Estimated HPRP Budget $567,612Page 308
of 324
1 HUD-40119 Homeless Prevention and Rapid Re‐Housing Program The Annual Action Plan Substantial Amendment (Draft) City of Miami Gardens Department of Community Development 1515 NW 167
Street, Bldg. 5, Suite 200 Miami Gardens, Florida 33169 April 2009 Page 309 of 324
Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 2 HUD-40119 Substantial Amendment to the Consolidated
Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) Grantees eligible to receive funds under the Homelessness Prevention and Rapid Re-Housing Program
(HPRP) are required to complete a substantial amendment to their Consolidated Plan 2008 Action Plan. This form sets forth the required format for this substantial amendment. A completed
form is due to HUD within 60 days of the publication of the HUD HPRP notice. To aid grantees in meeting this submission deadline, the HPRP Notice reduces the requirement for a 30-day
public comment period to no less than 12 calendar days for this substantial amendment. With this exception, HPRP grantees are required to follow their Consolidated Plan’s citizen participation
process, including consultation with the Continuum of Care (CoC) in the appropriate jurisdiction(s). Grantees are also required to coordinate HPRP activities with the CoC’s strategies
for homeless prevention and ending homelessness. To maximize transparency, HUD strongly recommends that each grantee post its substantial amendment materials on the grantee’s official
website as the materials are developed. A complete submission contains the following three documents: 1) A signed and dated SF-424, 2) A completed form HUD-40119 (this form), and 3)
Signed and dated General Consolidated Plan and HPRP certifications. For additional information regarding the HPRP program, visit the HUD Homelessness Resource Exchange (www.hudhre.info).
This site will be regularly updated to include HPRP resources developed by HUD and its technical assistance providers. The information collection requirements contained in this application
have been submitted to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This agency may not collect this information,
and you are not required to complete this form, unless it displays a currently valid OMB control number. Information is submitted in accordance with the regulatory authority contained
in each program rule. The information will be used to rate applications, determine eligibility, and establish grant amounts. Public reporting burden for this collection of information
is estimated to be 16 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. This information is required to obtain benefits. To the extent that any information collected is of a confidential nature, there will be compliance with Privacy
Act requirements. However, the substantial amendment to the Consolidated Plan 2008 Action Plan does not request the submission of such information. Warning: HUD will prosecute false
claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Page 310 of 324
Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 3 HUD-40119 A. General Information Grantee Name City
of Miami Gardens Name of Entity or Department Administering Funds Department of Community Development HPRP Contact Person (person to answer questions about this amendment and HPRP) Daniel
A. Rosemond Title Assistant City Manager, Director, Department of Community Development Address Line 1 1515 NW 167 Street Address Line 2 Bldg. 5, Suite 200 City, State, Zip Code Miami
Gardens, Florida 33169 Telephone 305-622-8000 Fax 305-622-8046 Email Address drosemond@miamigardens-fl.gov Authorized Official (if different from Contact Person) Danny O. Crew Title
City Manager Address Line 1 1515 NW 167 Street Address Line 2 Bldg. 5, Suite 200 City, State, Zip Code Miami Gardens, Florida 33169 Telephone 305-622-8000 Fax 305-622-8041 Email Address
crewd@miamigardens-fl.gov Web Address where this Form is Posted www.miamigardens-fl.gov/cd Amount Amount Grantee is Eligible to Receive* $567,612 Amount Grantee is Requesting $567,612
*Amounts are available at http://www.hud.gov/recovery/homelesspreventrecov.xls Page 311 of 324
Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 4 HUD-40119 B. Citizen Participation and Public Comment
1. Briefly describe how the grantee followed its citizen participation plan regarding this proposed substantial amendment (limit 250 words). Response: As required by the Department of
Housing and Urban Development (HUD) Rules and Regulations, the City of Miami Gardens complies with regulation 24 CFR 91.105, Citizen Participation Plan for local governments. The City
has adopted a citizen participation plan that sets forth the City’s policies and procedures for citizen participation. The City will advertise proposed allocations and the availability
of Federal funds in newspaper of local circulation and on the City’s website. Notices will also be circulated to schools, places of worship, and public facilities throughout the community
to encourage participation by low and moderate‐income persons, particularly those living in slum and blighted areas of the City, as defined by HUD, and in areas where CDBG funds are
proposed to be used. In addition, the City has taken the necessary steps to encourage the participation of all its citizens, including minorities and non‐English speaking persons, as
well as persons with disabilities. The City offers translation services for any public meeting or public hearing, if the request for such services is requested four days in advance of
the meeting. In addition, all meetings have been conducted in areas that are accessible to persons with disabilities. The City, on an annual basis, will make available to citizens, public
agencies, and other interested parties, information that includes: the amount of assistance the City expects to receive, including specific grant funds; available unspent prior year
funds; and related program income. The City will also disclose the range of activities that may be undertaken, including the estimated amount that will benefit persons of low and moderate
income. 2. Provide the appropriate response regarding this substantial amendment by checking one of the following options: Grantee did not receive public comments. Grantee received and
accepted all public comments. Grantee received public comments and did not accept one or more of the comments. 3. Provide a summary of the public comments regarding this substantial
amendment. Include a summary of any comments or views not accepted and the reasons for non-acceptance. Page 312 of 324
Substantial Amendment to the Consolidated Plan 2008 Action
Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 5 HUD-40119 Response: This section will be completed after the public comment period has expired. C. Distribution
and Administration of Funds Reminder: The HPRP grant will be made by means of a grant agreement executed by HUD and the grantee. The three-year deadline to expend funds begins when HUD
signs the grant agreement. Grantees should ensure that sufficient planning is in place to begin to expend funds shortly after grant agreement. 1. Check the process(es) that the grantee
plans to use to select subgrantees. Note that a subgrantee is defined as the organization to which the grantee provides HPRP funds. Competitive Process Formula Allocation Other (Specify:
___________________________________________) 2. Briefly describe the process(es) indicated in question 1 above (limit 250 words). Response: A public notice of the anticipated funding
was placed in the local newspaper advertising the 12‐day comment period. Written comments will be received from April 16, 2009 until April 27, 2009. A public hearing is scheduled for
May 13, 2009 during the City Council meeting. The public will have an opportunity to make comments at the time also. 3. Briefly describe the process the grantee plans to use, once HUD
signs the grant agreement, to allocate funds available to subgrantees by September 30, 2009, as required by the HPRP Notice (limit 250 words). Response: Upon execution of the grant agreement
by HUD, the city will advertise the availability of funds in the local newspaper. If a sub‐grantee is used to administer the activities, a competitive bid process will be implemented
using Request For Proposals. After the sub‐grantee is selected, a notice of intent to allocate funds also be placed in the local newspaper. After completing a 30‐day comment period as
defined by the city’s consolidated plan, the proposed funding allocation will be presented to the City Council for approval. 4. Describe the grantee’s plan for ensuring the effective
and timely use of HPRP grant funds on eligible activities, as outlined in the HPRP Notice. Include a description Page 313 of 324
Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 6 HUD-40119 of how the grantee plans to oversee and
monitor the administration and use of its own HPRP funds, as well as those used by its subgrantees (limit 500 words). Response: The services that will be provided to the City of Miami
Gardens residents will be limited to short‐term financial assistance, data collection and evaluation, outreach, moving and relocation costs, security and utility deposits, and arrearage
of utility payments. These services may be delivered directly by the grantee, or partially through a sub‐grantee. If a sub‐grantee is contracted, a competitive bid process will be implemented
using Request For Proposals. The sub‐grantee will be monitored through periodic reports as defined by the City. City staff will also provide oversight and technical assistance as needed
to the sub‐grantee. D. Collaboration 1. Briefly describe how the grantee plans to collaborate with the local agencies that can serve similar target populations, which received funds
under the American Recovery and Reinvestment Act of 2009 from other Federal agencies, including the U.S. Departments of Education, Health and Human Services, Homeland Security, and Labor
(limit 250 words). Response: Collaboration between all city departments applying for funding under the Recovery Act have been established by the City to coordinate maximum benefit to
similar target populations. Other departments applying for funds under the Recovery Act include but are not limited to the police department (Dept. of Justice), Parks and Recreation
(Dept. of Health and Human Services), Public Works (Florida Dept. of Transportation & Miami‐Dade County). Additionally, the department of community development will be submitting application
for funding from the Dept. of Energy (Energy Efficiency & Conservation Block Grant). 2. Briefly describe how the grantee plans to collaborate with appropriate Continuum(s) of Care and
mainstream resources regarding HPRP activities (limit 250 words). Response: The City of Miami Gardens in partnership with Miami‐Dade County Homeless Trust operates under the Miami‐Dade
County Community Homeless Plan. The Miami‐Dade County Homeless Trust serves as the lead agency implementing a countywide strategy to serve homeless individuals and families throughout
the Formatted: Justified Page 314 of 324
Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 7 HUD-40119 community. The Homeless Trust pools the
Entitlement Jurisdiction funds for all of Miami‐Dade County to fund a wide variety of Homeless Assistance programs. The City of Miami Gardens along with the cities of Miami, Miami Beach,
Hialeah, and North Miami has joined in partnership with the Miami‐Dade County Homeless trust to provide countywide Homeless Assistance Services. The Homeless Trust pools the Entitlement
Jurisdiction funds for all of Miami‐Dade County to provide a wide variety of Homeless Assistance Programs. These funds will go directly to Miami Dade County for regional distribution.
The City of Miami Gardens has mirrored the priorities of the Homeless Trust as our regional service provider. 3. Briefly describe how HPRP grant funds for financial assistance and housing
relocation/stabilization services will be used in a manner that is consistent with the grantee’s Consolidated Plan (limit 250 words). Response: The consolidated plan states that the
determination of homeless needs is based on countywide homeless census reports done twice yearly by the Miami‐Dade Homeless Trust Individuals and families who are at risk of homelessness
are served through a countywide Homeless Helpline, which provides case management, rental, mortgage and utility assistance to those at risk of homelessness. This category includes people
who are facing evictions, living doubled up, or are un/underemployed. The City of Miami Gardens will accept referrals from the Homeless Helpline for its financial assistance and housing
relocation/stabilization services. Page 315 of 324
Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 8 HUD-40119 E. Estimated Budget Summary HUD requires
the grantee to complete the following table so that participants in the citizen participation process may see the grantee’s preliminary estimated amounts for various HPRP activities.
Enter the estimated budget amounts for each activity in the appropriate column and row. The grantee will be required to report actual amounts in subsequent reporting. HPRP Estimated
Budget Summary Homelessness Prevention Rapid Rehousing Total Amount Budgeted Financial Assistance1 169,869 $100,000 $269,869 Housing Relocation and Stabilization Services2 $185,500 $46,260
$231,760 Subtotal (add previous two rows) $308,925 $146,260 $501,629 Data Collection and Evaluation3 37,602 Administration (up to 5% of allocation) 28,381 Total HPRP Amount Budgeted4
$567,612 1Financial assistance includes the following activities as detailed in the HPRP Notice: short-term rental assistance, medium-term rental assistance, security deposits, utility
deposits, utility payments, moving cost assistance, and motel or hotel vouchers. 2Housing relocation and stabilization services include the following activities as detailed in the HPRP
Notice: case management, outreach, housing search and placement, legal services, mediation, and credit repair. 3Data collection and evaluation includes costs associated with operating
HUD-approved homeless management information systems for purposes of collecting unduplicated counts of homeless persons and analyzing patterns of use of HPRP funds. 4This amount must
match the amount entered in the cell on the table in Section A titled “Amount Grantee is Requesting.” Page 316 of 324
Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) 9 HUD-40119 F. Authorized Signature By signing this
application, I certify (1) to the statements contained in the list of certifications and (2) that the statements herein are true, complete, and accurate to the best of my knowledge.
I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ___________________________________________________ ___________________ Signature/Authorized
Official Date __________________________________________________ Title Page 317 of 324
City of Miami Gardens Federal Stimulus Grants Status Report April 13, 2009 TO: Mayor and City Council FROM: Danny O. Crew City Manager DATE: April 13, 2009 SUBJECT: Stimulus Grants __________________
____________________________________________________________ Please see APPENDIX 1 (pages 2 & 3) for a listing of American Recovery and Reinvestment Act (ARRA/Stimulus) projects for
which the City has received notice of an award. On several of the awarded grants, we have only received notice of the amount as the rules and regulations are still being prepared by
the respective Federal departments. Even though we have received notice of award, the City must still complete and submit a detailed Federal application. Most of these are due in the
April-May timeframe. APPENDIX 2 represents those projects for which the City is filing a competitive application for assistance. These are not automatic and staff estimates that chances
for success for an award under the competitive portion will range from very likely to very very unlikely, but we are trying to secure as much as we can. Department of Justice COPS Grants
One of the competitive grants that we have applied for is from the Department of Justice (DOJ) COPS Grant Program. You may be familiar with this as it was part of President Clinton’s
“100,000 Cops” initiative. The grant is for a three year period, after which the City must pick up the on-going costs. Because of this required obligation, it is important that the City
Council understand the financial implications of receiving this grant. Since the grant deadline has passed for the COPs grants, staff has already applied; however, if City Council decides
it does not want to take the required financial actions, the City can withdraw the application. The City’s application for COPs officers requests the addition of 27 fulltime police officers.
Seven civilian dispatch positions are being requested in a separate application. This would be a major addition to the force but would enable us to take over the 9-1-1 function from
the County and to add a true Community Policing component. Unfortunately, not only do we have to 1 ITEM N-1) REPORTS CITY MANAGER REPORT America recovery and Reinvestment Act Activities
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assume the costs of these salaries and benefits after the initial 3-year period, but we have to use local funds for all of the equipment and other needs for the employees from day one.
The spreadsheet below shows these associated costs and the funding it will take to financially meet these requirements. It should be noted that these figures represent the case where
we are awarded all 27 officer position but not the dispatch positions. The recommended increases will be less if we are awarded fewer positions. We should know the exact amount before
the tax rate is set in July. TABLE 1: GRANT FINANCIAL IMPACT Impact of COPS Grant Funding Request on General Fund Financial Needs COPS Grant Funding Requirements vs. Funds Available
New Additional Fund Needed1 Total Millage Millage Funds New Salary2 Equipment Operating Funds Funds Excess FY Rate Increase Generated Funding Needed Funding Needed3,4 Expenses Needed
Generated (Shortage) FY 09 5.1402 FY/10 5.2702 + 0.13 mill $597,073 $0 $100,000 $500,000 $600,000 $597,073 -$2,927 FY/11 5.4502 + 0.18 mill $826,716 $0 $881,250 $525,000 $1,406,250 $1,423,788
$17,538 FY/12 5.4502 None $0 $0 $855,000 $551,250 $1,406,250 $1,423,788 $17,538 FY/13 6.0092 + 0.6 mill $2,627,908 $2,844,413 $828,750 $578,813 $4,251,976 $4,051,696 -$200,279 1 Figures
Rounded for convenience 2 2010-2015 7 dispatchers 2013-1025 27 Officers 3 Equipment/Space/Vehicles Additional Space $50,000 Additional Land @PD $300,000 PD Site Paving/Drainage $1,500,000
27 Vehicles $850,000 Personal Gear $50,000 PSAP $1,000,000 $3,750,000 4 (Includes debt service @3.5%) The above chart indicates that in order to raise the needed local funds to equip
and ultimately assume these positions into the City’s budget, it will require a .91 mill increase in property taxes over a four year period. Each of these increases would require a super
majority of City Council to vote for the increase (at least 5 Council votes). It also would require a small equipment bond to pay for the vehicles and other equipment. 2 Page 319 of
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What would such as increase cost the average resident? TABLE 2 below outlines illustrated the cost for the first year’s .13 mill l increase. TABLE 2: Cost of Tax Increases Necessary
for COPs Grant Cost of the required Tax Increase for Hiring Police Officers Taxable Value1 # of homes 1,431 13,052 2,042 1,348 2,270 3,177 622 Amount of $25,000 $25,001 to $50,001 to
75001 to $100,001 to $150,000 to $250, 000 Date Increase or less $50,000 $75,000 $100,000 $150,000 $250,000 or more FY-10 .13 mills $0 $0.27/mo $0.54/mo $0.81/mo $1.08/mo $2.17/mo $3.25/mo
Average 60% of all Homeowners will pay from $0 to $3.24 per year more in taxes 70% of all Homeowners will pay from $0 to $6.50 per year extra 1 Average TAXABLE Value = $50,968 (After
homestead %50,000 exemption) In the above chart, we can see that the average resident would pay an additional $6.48 per year in 2010. List of Attachments: Attachment 1: Federal Stimulus
Grants Currently Received Attachment 2: Federal Stimulus Grants Applied for but not Awarded Attachment 3: Detail Memorandum on Police Grants Attachment 3A: Fact Sheet on COPS Hiring
Attachment 3B: Letter on Byrne Grant Application Attachment 3C: Burn Grant Details 3 Page 320 of 324
Attachment 1-1 Federal Stimulus Grants Received by the City of Miami Gardens April 13, 2009 1. DOT (Transportation-MPO) $2,726,740 1. Miami Gardens Road NW 156 St. from NW 47 Ave. to
NW 42 Ave. ‐Roadway Improvements Design Build LAP $ 471,420.00 2. Miami Gardens Road NW 13/12th Avenue from NW 155 Dr. to NW 167 St.‐Roadway Improvements Design Build LAP $ 437,767.00
3. Miami Gardens Road NW 42nd Ave. from NW 156 St. to NW 191 St. ‐Roadway Improvements Design Build LAP $ 413,640.00 4. Miami Gardens Road NW 199 St. from NW 47 Ave to SR 817/NW 27 Ave.
‐Roadway Improvements Design Build LAP $ 362,482.00 5. Miami Gardens Road NW 191 St. from NW 37 Ave./Douglas Rd. to NW 27 Ave. ‐Roadway Improvements Design Build LAP $ 319,571.00 6.
Miami Gardens Road NW 175th St. from NW 27 Ave. to NW 12 Ave. ‐Roadway Improvements Design Build LAP $ 291,860.00 7. Miami Gardens Road NW 151 St. from Douglas Rd/NW 37 Ave. to NW 22
Ave. ‐Roadway Improvements D e sign Build LAP $ 120,000.00 8. Miami Gardens Road NW 12 Ave. from NW 183 St. to NW 199 St/Honey Hill ‐Roadway Improvements Design Build LAP $ 100,000.00
9. (Miami‐Dade County) Road Resurfacing of NW 32 Avenue from NW 183 Street to NW 199 Street Conventional LAP $ 210,000.00 2. DOT (Transportation-Transit) $1,418,000 1. 54 Bus shelters
and misc ADA and other access sidewalks to shelters. 3. DOJ (Police -Byrne) $ 801,000 1. Overtime for targeted crime enforcement and for special events (Super, Orange and Pro Bowls).
4. HUD (Homeless Prevention) $ 567,612 1. (Program being developed according to guidelines). 5. HUD (CDBG) $ 371,207 1. (Program being developed according to guidelines). 6. HUD (NSP)
$1,900,000 est 4 Page 321 of 324
1. (Purchase of foreclosed home, rehab and sale to new homebuyers). 7. DOE (EECBG-Energy) $ 989,200 1. Addition of Alternate fueling facilities at City’s proposed Fueling station located
at the Police Department. Should include E‐85, CNG and Bio‐Diesel. Also possible Plug‐in station for Prius‐type vehicles. Attachment 1-2 2. Conversion of 40 police Impalas to CNG‐gas
duel‐fuel vehicles @$12,000 each. 3. Possible Solar array addition to the City’s new Recreation center. 4. Home energy education and programs yet o be determined. Possible tie‐end with
federal energy rebates. TOTAL $6,873,759 5 Page 322 of 324
Attachment 2-1 Federal Stimulus Grants Applied for by the City of Miami Gardens April 13, 2009 8. EDA/State (Brownfields) $ 200,000 1. Site clean up and plan revisions for fuel station.
9. DOJ (COPs) $6,883,434 1. 27 Officers 10. DOJ (Byrne Cat. 5) $2,149,000 1. Crime scene enhancement technology including Certified Fingerprint Technician Total cost of project: $1,050,000
2. Addition dispatchers fro 9‐1‐1 Total cost of project: $1,099,000 11. EPA/SFWMD (Clean Water) $1,757,500 1. joint clean‐up, paving and park at 441 boat landing 2. NW 21 Ave Drainage
Improvement Consists of construction of new drainage from NW 194 Terrace to NW 196 Street, on NW 21 Avenue. Project will capture the first inch of stormwater runoff and treat on site
through a French Drain system. Water quality of stormwater runoff to C9 will improve, and C9 discharges directly to Biscayne Bay. Project has added benefit of flood reduction in a flood
prone residential area. Total cost of project: $350,000.00 50% match requested: $175,000.00 3. 3. NW 11‐17 Ave Drainage Improvement Consists of construction of new drainage from NW 167‐175
Streets, from NW 11‐17 Avenues. Project will capture the first inch of stormwater runoff and treat on site through a French Drain system. Water quality of stormwater runoff to C8 will
improve, and C8 discharges directly to Biscayne Bay. Project has added benefit of flood reduction in a flood prone residential area. Total cost of project: $615,000.00 50% match requested:
$307,500.00 4. NW 191 Street Drainage Improvement Consists of construction of new drainage system at NW 191 Street, between NW 10‐11 Court. Project will capture the first inch of stormwater
runoff and treat on site through a French Drain system. Water quality of stormwater runoff to C9 will improve, and C9 discharges directly to Biscayne Bay. Project has added benefit of
flood reduction in a flood prone residential area. Total cost of project: $325,000.00 50% match requested: $162,500.00 6 Page 323 of 324
Attachment 2-2 5. NW 179 Street Drainage Improvement Consists of construction of new drainage system at NW 179 Street, between NW 32 Avenue and 35 Court. Project will capture the first
inch of stormwater runoff and treat on site through a French Drain system. Water quality of stormwater runoff to C8 will improve, and C8 discharges directly to Biscayne Bay. Project
has added benefit of flood reduction in a flood prone residential area. Total cost of project: $225,000.00 50% match requested: $112,500.00 12. HHS (Health & Human Services) $80,000
1. Child Care Development Block Grant Funding for Camp CEO Program (for teens). Total cost of project: $35,000 2. Community Services Block Grant Funding for T.R.O.O.P.S(Teens Re‐Positioning
Obstacles of Pessimistic Statistics) Program Total cost of project: $15,000 3. Administration on Aging Senior Nutrition Program Funding for Senior Meals Program Total cost of project:
$30,000 13. HUD (Housing) $30,000 1. Community Development Block Grant (HUD) Funding for Senior Tech Total cost of project: $30,000 13. DOE (Energy) $500,000 2. Clean Cities Grant w/So.
Fla. Cooperative Funding for 40 vehicle conversions Total cost of project: $500,000 TOTAL $11,599,934 7 Page 324 of 324