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Home My WebLink AboutJanuary 27, 2010 Agenda Back Up CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: January 27, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: February 10, 2010 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Oliver G. Gilbert III Councilman Aaron Campbell Jr. Councilwoman Barbara Watson Councilman André Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett 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, 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 – January 13, 2010 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) January 27, 2010 Page 1 Page 1 of 311 Regular City Council Agenda January 27, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Vice Mayor Gilbert -Optimist Club Presentations F-2) Dr. Danny Crew, City Manager – Five Year Employee Service Pins F-3) Commission For Women Committee Quarterly Report (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROHIBITING THE RENAMING OF ANY PORTION OF 183RD STREET, ALSO KNOWN AS “MIAMI GARDENS DRIVE;” 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 MAYOR SHIRLEY GIBSON) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) CONSENT AGENDA J-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 CONTRACT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF CORRECTIONS (“FDOC”) FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-SIX THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS (56,467.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 2 of 311 Regular City Council Agenda January 27, 2010 Page 3 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO FILE A BREACH OF CONTRACT ACTION AGAINST METRO DADE K-9 GUARD DOG SERVICES, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION YEAR 2010 TRANSPORTATION ENHANCEMENT PROGRAM (“TEP”) GRANT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO WAVENET TECHNOLOGIES, INC. IN THE AMOUNT OF ONE HUNDRED SEVENTY THOUSAND, ONE HUNDRED FIFTY-THREE DOLLARS ($170,153.00) FOR THE PURCHASE OF DELL LAPTOP COMPUTERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-5) 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 DEPARTMENT OF TRANSPORTATION (“FDOT”) IN THE AMOUNT OF THIRTY-ONE THOUSAND, THREE HUNDRED FIFTY-SIX DOLLARS AND 96/100 CENTS ($31,356.96) TO PROVIDE LANDSCAPE MAINTENANCE SERVICES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-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 NUNC PRO Page 3 of 311 Regular City Council Agenda January 27, 2010 Page 4 TUNC WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT (“SFWMD”) AWARDING A GRANT TO THE CITY IN THE SUM OF ONE HUNDRED SIXTY-TWO THOUSAND, SEVENTY THREE DOLLARS ($162,073.00) FOR TWO (2) STORMWATER PROJECTS, AND TO AUTHORIZE THE CITY MANAGER TO DISBURSE THREE HUNDRED THIRTY-EIGHT THOUSAND, NINE HUNDRED FOUR DOLLARS ($338,904.00) FROM THE CITY’S STORMWATER FUND TO MATCH THE GRANT AWARD; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT AND ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FIVE (5) YEAR COMPREHENSIVE STRATEGIC PLAN FOR THE CITY ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING ITS COMMITMENT TO AFFIRMATIVELY FURTHER FAIR HOUSING AND CERTIFYING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (AI) AS DEVELOPED BY HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A 2011 JAZZ IN THE GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL CONTRACTS AS MAY BE NECESSARY AND APPROPRIATE FOR THE PRODUCTION OF THE SIXTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE HELD IN Page 4 of 311 Regular City Council Agenda January 27, 2010 Page 5 MARCH 2011; PROVIDING FOR A WAIVER OF BID PROCEDURES FOR PURCHASES AND SERVICES PROVIDED IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AFFIDAVIT SUPPORTING NFL PROPERTIES, LLC’S (“NFLP”) REQUEST FOR A TEMPORARY INJUNCTION AND ORDER OF SEIZURE AND IMPOUNDMENT FOR THE 2010 PRO BOWL AND SUPER BOWL XLIV ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR NUNC PRO TUNC EFFECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K-1) RESOLUTIONS K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO CREATE A TEMPORARY EMPLOYMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF TWO MILLION DOLLARS ($2,000,000.00) FROM THE CITY’S RESERVE FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) (L-1) RESOLUTION(S)/PUBLIC HEARING(S) L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING SIXTY-ONE THOUSAND, SIX HUNDRED AND SIXTEEN DOLLARS ($61,616.00) FROM THE FISCAL YEAR 2009–2010 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUND FOR THE PROVISION OF PUBLIC SERVICES FUNDS TO SUNSHINE FOR ALL, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN SUB-RECIPIENT AGREEMENT WITH Page 5 of 311 Regular City Council Agenda January 27, 2010 Page 6 SUNSHINE FOR ALL, INC., FOR ADDITIONAL FUNDING IN THIS AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICES FUNDS IN THE AMOUNT OF ELEVEN THOUSAND EIGHT HUNDRED EIGHTYFOUR DOLLARS ($11,884.00) TO THE CITY OF MIAMI GARDENS DEPARTMENT OF PARKS & RECREATION’S A SUMMER OUTDOORS CAMP; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) L-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING TWENTY-EIGHT THOUSAND DOLLARS ($28,000.00) FROM THE FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUND FOR THE PROVISION OF PUBLIC SERVICES FUNDS TO JPM CENTER AT MIAMI GARDENS DRIVE, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager Monthly Report (N) REPORTS OF MAYOR AND COUNCIL MEMBERS (O) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (P) 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 Page 6 of 31 1Regular City Council Agenda January 27, 2010 Page 7 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 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January27, 2010 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 X Public Hearing: (Enter X in box) Yes No Yes No 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 Sponsor Name Mayor Shirley Gibson Department: Office of the Mayor Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROHIBITING THE RENAMING OF ANY PORTION OF 183RD STREET, ALSO KNOWN AS “MIAMI GARDENS DRIVE;” 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: Since the City’s incorporation in 2003, the City Council through the adoption of its Comprehensive Plan has designated 183rd Street as a major commercial thoroughfare in the City. Specifically, Miami Gardens Drive is the epicenter of the City’s Town Center concept. Furthermore, the residents take pride in the name “Miami Gardens,” and it is important that for identification purposes that “Miami Gardens Drive” not be renamed. In light of these facts, the attached ordinance proposes that the City Council of the City of Miami Gardens prohibits the renaming of any portion of 183rd Street “Miami Gardens Drive.” Proposed Action: Mayor Shirley Gibson recommends that the City Council approve the attached ordinance prohibiting the renaming of any portion of 183rd Street “Miami Gardens Drive”. ITEM H-1) ORDINANCE FIRST READING Prohibiting the renaming of any part of Miami Gardens Drive Page 8 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: None Page 9 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE No. 2010-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROHIBITING THE RENAMING OF ANY PORTION OF 183RD STREET, ALSO KNOWN AS “MIAMI GARDENS DRIVE;” PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens was incorporated in 2003, and WHEREAS, 183rd Street, also known as “Miami Gardens Drive,” is a major thoroughfare in the City and is the City’s namesake, and WHEREAS, the City Council and residents take pride in the name “Miami Gardens,” and WHEREAS, it is important that for identification purposes that “Miami Gardens Drive” not be renamed, 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 paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. PROHIBITION: The City Council of the City of Miami Gardens prohibits the renaming of any portion of 183rd Street “Miami Gardens Drive.” Page 10 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 section 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. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 27th DAY OF JANUARY, 2010. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2010. Page 11 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: MAYOR SHIRLEY GIBSON Moved by: __________________ Second by: _________________ VOTE: _________ 25 Mayor Shirley Gibson ____ (Yes) ____(No) 26 Vice Mayor Oliver Gilbert III ____ (Yes) ____(No) 27 Councilman Melvin L. Bratton ____(Yes) ____(No) 28 Councilman Aaron Campbell ____ (Yes) ____(No) 29 Councilman Andre’ Williams ____(Yes) ____(No) 30 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 31 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 12 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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 X Public Hearing: (Enter X in box) Yes No Yes No 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 #: N/A X Sponsor Name Sonja K. Dicke City Attorney ns, Esq., Department: City Attorney’s Office Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On November 14, 2007, the City Council adopted Ordinance No. 2007‐26‐132, to regulate dangerous intersections. The Ordinance authorizes the City to utilize unmanned cameras to monitor drivers who commit red light infractions. Since the implementation of the Red Light Camera program, some minor inconsistencies in how the program is operating and the language of the Ordinance have been noted. The City Attorney proposes several amendments to reconcile inconsistencies in the current Ordinance. Proposed Action: It is recommended that the City Council approve the amendments to the “Dangerous Intersections” Ordinance. Attachment: ITEM H-2) ORDINANCE FIRST READING Amending Ordinance 2007-26-132 Page 13 of 311 None _________ Language deleted is stricken through and language added is underlined. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE 2010-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 14, 2007, the City Council adopted Ordinance No. 2007-26-132, to regulate dangerous intersections within the City of Miami Gardens, and WHEREAS, the Ordinance authorizes the City to utilize unmanned cameras to monitor and enforce red light infractions, and WHEREAS, since adopting the Ordinance and implementing enforcement procedures, several inconsistencies have been noted, and WHEREAS, the City Attorney proposes several amendments to reconcile the inconsistencies in the current Ordinance, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA: 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 G of Ordinance No. 2007-26-132 is hereby amended as follows: G. Review of Recorded Images. 1. The owner of the vehicle, which is observed by Recorded Images Page 14 of 311 _________ Language deleted is stricken through and language added is underlined. 2 1 2 3 4 5 6 7 8 9 committing a Red Zone Infraction, shall be issued a Notice of Infraction. The Recorded Image shall be sufficient grounds to issue a City Notice of Infraction. 2. The City shall designate a Traffic Control Infraction Review Officer(s), who shall meet the qualifications set forth in §316.640(5)(A), Florida Statutes, or any other relevant statute. The Traffic Control Infraction Review Officer(s) shall review Recorded Images prior to the issuance of a Notice of Violation/Infraction to ensure accuracy and the integrity of the Recorded Images. The Traffic Control Infraction Officer(s), or the City’s agent, shall also verify that the Traffic Control Monitoring System/Devices that captured the Recorded Images was functioning properly at the time the Recorded Images were captured. Once the Traffic Control Infraction Review Officer has verified the accuracy of the Recorded Images and functionality of the Traffic Control Monitoring System/Devices, h 10 11 12 13 14 15 e or she shall complete a report, and a Notice of Violation/Infraction shall be sent to the Vehicle Owner at the address on record with the Florida Department of Highway Safety and Motor Vehicles. 16 17 18 19 20 21 22 23 24 25 Section 3. AMENDMENT: Section H of Ordinance No. 2007-26-132 is hereby amended as follows: H. Notice of Violation/Infraction. The Notice of Violation/Infraction shall include: 26 1. The name and address of the vehicle owner, and the current address as 27 listed on the vehicle registration with the Department of Highway Safety 28 and Motor Vehicles; 29 30 31 2. The license Plate number and registration number of the vehicle; 32 3. The make, model, and year of the vehicle The make and year of the 33 vehicle; 34 35 36 37 38 39 40 41 42 4. Notice that the violation charged is pursuant to this Ordinance; 5. The location of the intersection where the violation occurred; 6. The date and time of the red zone infraction; 7. Notice that the Recorded Images relating to the vehicle and a statement that the recorded images are evidence of a red zone infraction; Page 15 of 311 _________ Language deleted is stricken through and language added is underlined. 3 1 2 3 4 5 6 7 8 8. The civil penalty imposed; 9. Images depicting violation; 10. The procedures for payment of the civil penalty and contesting the notice of infraction; 11. A signed statement by The name of the Traffic Control Infraction Officer(s) that, based on inspection of recorded images, the vehicle was involved in a Red Zone Infraction; 9 10 11 12 13 12. Information advising the person alleged to be liable under this Section, of 14 the manner and time in which liability as alleged in the Notice of Infraction may be appealed, and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. 15 16 17 18 19 20 21 Section 4. AMENDMENT: Section J of Ordinance No. 2007-26-132 is hereby amended as follows: J. Appeal to Special Master. 1. The City’s Code Enforcement Special Magistrates Masters are authorized to consider appeals under this Chapter within twenty one (21) days of the date of the Notice of Infraction; the Vehicle Owner may file an appeal with the City pursuant to the directions in the Notice of Infraction. A hearing on the appeal shall be scheduled for all appeals except those in which the Vehicle Owner submits an affidavit pursuant to Section K of this Ordinance in which the Vehicle Owner affirms under penalty of perjury that the vehicle was not under his or her care, custody or control, or that of someone with Vehicle Owner’s consent. 22 23 24 25 26 27 28 29 30 31 32 2. Upon receipt of the appeal, the City shall schedule a hearing before the 33 Special Master but in no event shall a hearing be scheduled for a date that 34 is more than six (6) months from the date that the Notice of Appeal was 35 received. to occur not later than sixty (60) days after City’s receipt of the appeal. A Notice of Hearing shall be provided to the Vehicle Owner no less than ten (10) 36 five (5) days prior to the hearing, and shall be provided by certified and 37 38 U.S. mail to the the same address to which the Notice of 39 Infraction was sent to the current address as listed on the vehicle 40 registration with the Department of Highway Safety and Motor Vehicles 41 42 Page 16 of 311 _________ Language deleted is stricken through and language added is underlined. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 3. The following shall be permissible grounds for an appeal: a. At the time of the infraction, the vehicle was not under the care, custody, or control of the Vehicle Owner or an individual with Vehicle Owner’s consent, established pursuant to affidavit as provided in Section K of this Ordinance; b. The motor vehicle driver was issued a citation by a law enforcement officer, which was separate and distinct from the citation issued under this Section, for violating the steady red traffic control signal; c. The motor vehicle driver was required to violate the steady red traffic control signal in order to comply with other governing laws; d. The motor vehicle driver was required to violate the steady red traffic control signal in order to reasonably protect the property or person of another’ e. The steady red traffic control signal was inoperable or 20 malfunctioning. ; or 21 f. Any Any other reason the Special Master deems appropriate The Special Master determines that the City violated a provision of the 22 23 24 Ordinance. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4. The hearing shall be conducted in accordance with Ordinance No. 2004-11-27, as amended. 5. Recorded Images indicating a Red Zone Infraction, verified by the Traffic Control Infraction Review Officer, are admissible in any proceeding before the City’s Special Master to enforce the provisions of this Chapter and shall constitute prima facie evidence of the violation. 6. Unless an affidavit is provided pursuant to Section K of this Ordinance, it is presumed the person registered as the vehicle owner with the Florida Department of Motor Vehicles or any other state vehicle registration office, or an individual having the owner’s consent, was operating the vehicle at the time of a Red Zone Infraction. Section 5. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Page 17 of 311 _________ Language deleted is stricken through and language added is underlined. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 6. 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 7. 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 ore 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 8. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 27TH DAY OF JANUARY, 2010. PASSED ON SECOND READING ON THE 10TH DAY OF FEBRUARY, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 10TH DAY OF FEBRUARY, 2010. ________________________________ SHIRLEY GIBSON, MAYOR Page 18 of 311 _________ Language deleted is stricken through and language added is underlined. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY Moved by: __________________ Second by: _________________ VOTE: _________ 23 Mayor Shirley Gibson ____ (Yes) ____(No) 24 Vice Mayor Oliver Gilbert III ____ (Yes) ____(No) 25 Councilman Melvin L. Bratton ____(Yes) ____(No) 26 Councilman Aaron Campbell ____ (Yes) ____(No) 27 Councilman Andre’ Williams ____(Yes) ____(No) 28 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 29 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 19 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: Transportation Fund/Public Works 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 City Manager Danny O. Crew Department: Public Works 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 CONTRACT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF CORRECTIONS (“FDOC”) FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-SIX THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS (56,467.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City has used the Florida Department of Corrections’ work squad #1 since 2005 to reduce the amount of litter throughout the City, remove graffiti, and assist the public works crews with landscaping tasks. In 2006 and 2009 the City added FDOC work squads #2 and #3 to help with the overwhelming workload. As of February 27, 2010, work squad #1’s contract will expire, therefore requiring the City to enter into another agreement with the Florida Department of Corrections for continued services from this particular work squad. FDOC proposes to enter into an agreement with the City which includes: • One year contract with the option to renew for an additional year; ITEM J-1) CONSENT AGENDA RESOLUTION Authorizing a Contract w/Florida Dept. of Corrections Page 20 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Contract shall become effective on February 28, 2010; • Contract cost to the City will be $56,467 (same as last year); • Stipulates termination “at will” by the City upon 60 days notification, or by the FDOC with 60 days notification to the City. Other terms and conditions remain the same as work squads #2 and #3. Staff recommends approval of the one year contract with the Florida Department of Corrections. Proposed Action: It is recommended that Council approve the attached resolution calling for the renewal of Florida Department of Corrections’ contract for services provided by work squad #1. Attachment: Attachment A -Contract #WS587 Attachment B – Addendum to Agreement Page 21 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION No. 2010-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 CONTRACT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF CORRECTIONS (“FDOC”) FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-SIX THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS (56,467.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens and the Florida Department of Corrections (“FDOC”) are currently operating under a Contract whereby the FDOC provides minimal-custody inmates to provide services on the City’s behalf such as trash pick-up, landscaping, painting, and other similar tasks, and WHEREAS, the City added FDOC work squads #2 and #3 to help with the overwhelming workload, and WHEREAS, the original work squad #1 contract will expire, therefore, requiring the City to enter into another agreement with FDOC for continuing services for this particular work squad, 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 and City Clerk to execute and attest, respectively, a 1 Page 22 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Contract and Addendum with The Florida Department of Corrections (“FDOC”) for Public Works Services in the amount of Fifty-Six Thousand, Four Hundred Sixty-Seven Dollars ($56,467.00) as to that Contract attached hereto as Exhibit “A.” Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Contract with the Florida Department of Corrections, with one (1) to the maintained by the City; and one (1) to be delivered to the Florida Department of Corrections. 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 JANUARY 27, 2010. _________________________________ 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:_____________________ 2 Page 23 of 311 3 1 2 3 VOTE: _____ 4 Mayor Shirley Gibson (Yes) ___(No) 5 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 6 Councilman Melvin L. Bratton (Yes) ___(No) 7 Councilman Aaron Campbell (Yes) ___(No) 8 Councilwoman Barbara Watson (Yes) ___(No) 9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) 11 12 13 Page 24 of 311 Page 25 of 311 Page 26 of 311 Page 27 of 311 Page 28 of 311 Page 29 of 311 Page 30 of 311 Page 31 of 311 Page 32 of 311 Page 33 of 311 Page 34 of 311 Page 35 of 311 Page 36 of 311 EXHIBIT “B” ADDENDUM B TO AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF MIAMI GARDENS THIS ADDENDUM ("Addendum") is incorporated into that Agreement, between the Florida Department of Corrections (“Department”) and the City of Miami Gardens ("Agency"). 1. DISPUTES: Section VII. (C) of the Agreement referencing disputes shall be stricken in its entirety. 2. VENUE: In the event of litigation, the Court of proper jurisdiction in Miami-Dade County, Florida shall be the proper venue and forum. 3. INDEMNIFICATION: The Department hereby agrees to be liable for and shall indemnify, defend and hold harmless the Agency from all claims, judgments, or damages including court costs and attorneys fees arising out of any actions by the inmates performing services pursuant to this Agreement as well as any other employees of the Department performing services pursuant to this Agreement. 4. INCONSISTENCY: In the event of an inconsistency or contradiction between the terms hereof and the terms of the Agreement, to which this Addendum is attached, the terms hereof shall control. 5. EFFECT OF ORIGINAL AGREEMENT: All terms of the Agreement not affected by this Addendum shall remain in full force and effect. 6. CONFLICT: In the event of any conflicts between this Addendum and the Agreement, this Addendum shall control. In all other respects, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. CITY OF MIAMI GARDENS ________________________ ________________ Dr. Danny Crew, City Manager Date 124915_1 Page 37 of 311 EXHIBIT “B” 124915_1 ATTEST: ____________________ City Clerk Ronetta Taylor, CMC Approved as to form and legal Sufficiency: ___________________________ Sonja K. Dickens, City Attorney DEPARTMENT OF CORRECTIONS ________________________ ________________ Richard D. Davison Date Deputy Secretary Department of Corrections Approved as to form and legal Sufficiency: _____________________ ______ Kathleen Von Hoene General Counsel Department of Corrections Page 38 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27 , 2010 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: 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 Danny O. Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO FILE A BREACH OF CONTRACT ACTION AGAINST METRO DADE K-9 GUARD DOG SERVICES, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On November 20, 2008, the City of Miami Gardens executed a Sales Agreement with Metro Dade K-9 Guard Dog Services, Inc. for the purchase of a canine. The Sales Agreement guaranteed the work performance of the canine for one (1) year from the the date of purchase. Due to unsatisfactory work performance, the City made several requests for a replacement canine. Metro Dade K-9 Guard Dog Services, Inc. has failed to comply with the City’s requests, and is now in breach of contract. Proposed Action: It is recommended that the City Council authorize the City Attorney to commence with a breach of contract action against Metro Dade K-9 Guard Dog Services, Inc. for failing to provide a replacement canine as required under the Sales Agreement. Attachment: ITEM J-2) CONSENT AGENDA RESOLUTION Breach of contract against Metro Dade K-9 Guard Dog Service Page 39 of 311 None 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO FILE A BREACH OF CONTRACT ACTION AGAINST METRO DADE K-9 GUARD DOG SERVICES, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 20, 2008, the City of Miami Gardens executed a Sales Agreement with Metro Dade K-9 Guard Dog Services, Inc. for the purchase of a canine, and WHEREAS, the Sales Agreement guaranteed the work performance of the canine for one (1) year from the date of purchase, and WHEREAS, several requests were made for a replacement canine due to unsatisfactory work performance, and WHEREAS, the City Attorney desires to commence with a breach of contract action against Metro Dade K-9 Guard Dog Services, Inc. for failing to issue a replacement canine, 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 and directs the City Attorney to commence with a breach of contract action against Metro Dade K-9 Guard Dog Services, Inc. Page 40 of 311 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 27, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________ ________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 30 Mayor Shirley Gibson (Yes) ___(No) 31 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 32 Councilman Melvin L. Bratton (Yes) ___(No) 33 Councilman Aaron Campbell (Yes) ___(No) 34 Councilwoman Barbara Watson (Yes) ___(No) 35 Councilwoman Sharon Pritchett (Yes) ___(No) 36 Councilman André Williams (Yes) ___(No) 37 38 39 Page 41 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: MPO Transportation Enhancement Grant 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: Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION YEAR 2010 TRANSPORTATION ENHANCEMENT PROGRAM (“TEP”) GRANT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Miami-Dade Metropolitan Planning Organization (MPO) has issued its Year 2010 Transportation Enhancement Program (TEP) funding cycle solicitation that includes an application and guidelines. The projects prioritized in this cycle will be included in the MPO’s 2012 Transportation Improvement Program (TIP). Completed applications are due on Friday, March 5, 2010. The TEP is an element of the Federal Highway Administration’s Surface Transportation Program that provides funds for the development of “non-traditional” transportation projects. Applications may be submitted by municipal governments or any other county, state or federal governmental body. Current Situation A proposal is being outlined to apply for the TEP funds for City-wide Sidewalks and Trail Enhancements. This project will construct City sidewalks and also implement the City’s Recreational Trails Master Plan in Rolling Oaks Park. This project will be coordinated between the Planning & Zoning Department, Parks and Recreation Department, Capital Projects Department and Public Works Department. Proposed Action: ITEM J-3) CONSENT AGENDA RESOLUTION Transportation Enhancement Program Page 42 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff recommends that City Council adopt a resolution to authorize the City Manager to take all appropriate actions to submit an application to Miami-Dade Metropolitan Planning Organization for the TEP funds for City-wide Sidewalks and Trails Enhancements Program. Attachment: Attachment: State of Florida Department of Transportation Sample Application for Transportation Enhancement Projects; Transportation Enhancement Selection and Prioritization Criteria for the Miami Urbanized Area MPO. Page 43 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION YEAR 2010 TRANSPORTATION ENHANCEMENT PROGRAM (“TEP”) GRANT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Miami-Dade Metropolitan Planning Organization (“MPO”) has issued its Year 2010 Transportation Enhancement Program (“TEP”), funding cycle solicitation, which includes an application and guidelines, and WHEREAS, TEP is an element of the Federal Highway Administration’s Surface Transportation Program which provides funds for the development of “non-traditional” transportation projects, and WHEREAS, the City proposes to apply for the TEP grant for city-wide sidewalks and trail enhancements, and WHEREAS, if awarded the grant, the City will construct sidewalks and implement the City’s Recreational Trails Master Plan in Rolling Oaks Park, and WHEREAS, an approved resolution is required upon submission of the grant application, 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. 1 Page 44 of 311 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to apply for the Miami-Dade Metropolitan Planning Organization Year 2010 Transportation Enhancement Program grant. 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 JANUARY 27, 2010. _________________________________ 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: _____ 32 Mayor Shirley Gibson (Yes) ___(No) 33 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 34 Councilman Melvin L. Bratton (Yes) ___(No) 35 Councilman Aaron Campbell (Yes) ___(No) 36 Councilwoman Barbara Watson (Yes) ___(No) 37 Councilwoman Sharon Pritchett (Yes) ___(No) 38 Councilman André Williams (Yes) ___(No) Page 45 of 311 Page 46 of 311 Appendix B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SAMPLE APPLICATION FOR TRANSPORTATION 2/2006 ENHANCEMENT PROJECTS Page 1 0f 3 Project Title: Project Sponsor (municipal, county, state, or federal agency, or tribal council): Contact Title Address Phone FAX Priority (relative to other applications submitted by the Project Sponsor). Name of Applicant (If other than Project Sponsor): 1. Qualifying Enhancement Activities: Check the enhancement activity that the proposed project will address. (NOTE: Checking all activities possible does not ensure or increase eligibility. Each activity checked must meet all criteria listed for that activity in Appendix A of FDOT Procedure #525-030-300, Transportation Enhancement Projects). Provision of facilities for pedestrians and bicycles The provision of safety and educational activities for pedestrian and bicyclists Acquisition of scenic easements and scenic or historic sites Scenic or historic highway programs, (including the provision of tourist and welcome center facilities) Landscaping and other scenic beautification Historic preservation Rehabilitation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails) Control and removal of outdoor advertising Archaeological planning and research Environmental mitigation to address water pollution due to highway runoff or reduce vehiclecaused wildlife mortality while maintaining habitat connectivity Establishment of transportation museums Page 47 of 311 Appendix B 02/2006 Page 2 of 3 2. Project Description: Use additional sheets as necessary to respond to the following: (a) What type of work is being proposed? (Check all that apply) Planning Activities Project Development and Environmental Studies Engineering and Final Plans Preparation Work Right of Way Acquisition Construction Construction Engineering and Inspection Activities (b) Describe how the proposed project is related to the intermodal transportation system by either function, proximity or impact. (One or more may apply). (c) Where is the project located (and what is the project length and termini, if appropriate)? Include location map. (d) Summarize any special characteristics of project. Provide typical section drawings for appropriate projects. (e) Describe the project's existing right of way ownerships. This description shall identify when the right of way was acquired and how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys). (f) Describe any proposed right of way acquisition, including expected matching fund source, limitations on fund use or availability, and who will acquire and retain ownership of proposed right of way. (g) Describe any related project work phases that are already complete or currently underway. (h) Other specific project information that should be considered. 3. Project Implementation Information: Attach documentation as exhibits to this application. (a) Describe the proposed method of performing (i.e. contract or in-house) and administering (i.e. local or state) each work phase of the project. If it is proposed that the project be administered by a governmental entity other than the Department of Transportation, the agency must be certified to administer Federal Aid projects in accordance with the department’s Local Agency Program Manual (topic no. 525-010-300). (b) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other other appropriate means). (c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. (d) Describe source of matching funds and any restrictions on availability. (e) Other specific implementation information that should be considered. Page 48 of 311 Appendix B FOR FDOT USE ONLY YES NO Application Complete _____ ______ Project Eligible _____ ______ Implementation Feasible _____ ______ Include in Work Program _____ ______ 2/2006 Page 3 of 3 4. Project Cost: What is the total estimated cost of the work requested to be funded as an enhancement project through this application? Planning Activities. $ Project Development and Environmental Studies. $ Engineering and Final Plans Preparation Work. $ Right of Way Acquisition. $ Construction. $ Construction Engineering and Inspection Activities. $ Other. (Describe) $ TOTAL: $ How will the project be funded? FDOT Enhancement Funds $ + Local $ = Total $ FDOT Enhancement Funds % + Local % = 100% CERTIFICATION OF PROJECT SPONSOR I hereby certify that the proposed project herein described is supported by , (municipal, county, state or federal agency, or tribal council) and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, and (4) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs included herein are reasonable and understand that significant increases in these costs could cause the project to be removed from the Florida Department of Transportation work program. This project will be administered using the department’s Local Agency Program (check one) yes_____ no___ ___________________________________ Signature ____________________________________ Name (please type or print) ____________________________________ Title ___________________________________ Date Page 49 of 311 TE Guidelines 2009 1 Last Modified on 3/04/05 TRANSPORTATION ENHANCEMENT SELECTION AND PRIORITIZATION CRITERIA FOR THE MIAMI URBANIZED AREA MPO Applications for the next Transportation Enhancement Program (TEP) funding cycle are due at the MPO by 5:00 pm on Friday, March 5th, 2010. An original application package and ten copies should be sent to: David Henderson Enhancements Program Coordinator Miami-Dade MPO 111 NW First Street, Suite 920 Miami, FL 33128-1999 There are twelve eligible categories of Transportation Enhancement Program projects: * Provision of facilities for pedestrians and bicycles; * Provision of safety and educational activities for pedestrians and bicyclists; * Acquisition of scenic easements and scenic or historic sites; * Scenic or historic highway programs, (including the provision of tourist and welcome center facilities); * Landscaping and other scenic beautification; * Historic preservation; * Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals); * Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails); * Control and removal of outdoor advertising; * Archaeological planning and research; * Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; * Establishment of transportation museums More information on the types of eligible projects can be found on the FDOT website: http://www.dot.state.fl.us/emo/enhance/enhance.shtm. Applications for transportation enhancement projects must be submitted by a sponsor that is a recognized government body or agency with the ability to enter into a binding contract with the State of Florida. Sponsors must fall into one of the following categories: a municipal government, a county government, a state agency, a federal agency, or an Indian Tribal Council. The sponsor must be willing to: provide any funding match that may be required; enter into any required maintenance agreements with the Department; and/or support other actions necessary to fully implement the proposed project. The application package must include a resolution of support for the project from the sponsoring agency. Applications for funding may be prepared by incorporated non-profit groups (such as an historic preservation society), however, all applications must have a sponsor as previously described. Page 50 of 311 TE Guidelines 2009 2 Last Modified on 3/04/05 The application package (application form, drawings, photos, etc) may not exceed 10 pages. Letters of support can be included in a separate appendix and will not be counted against this page limit. If the project sponsor has previously received TEP funds, a brief status report on those project(s) must be included in the application package. This status report will not count against the 10-page limit. General Criteria for Selection a) No more than $1 million in TE funds will be awarded to any single project in any single application cycle, and no more than $3 million dollars in enhancement funds will be awarded toward the completion of any single project. Therefore, applicants whose project costs will exceed $1 million must demonstrate that they have the additional resources to complete the project. No local match is required but evaluation points are awarded to applications that include a local funding commitment. b) This is not a grant program. Applicants should expect to pay for the work and be reimbursed from their award. Items eligible for reimbursement include, project planning and feasibility studies, environmental analysis or preliminary design, preliminary engineering, land acquisition, and construction costs. Project Evaluation Projects will be evaluated according to the following criteria: a) Up to 15 points for demonstrating how the project will improve safety for bicycle riders and/or pedestrians b) Up to 15 points for improving intermodal transportation linkages, including those that will provide access to transit stations and/or facilities c) Up to 15 points for contribution to mobility enhancement or community development for disadvantaged groups (i.e. children, the elderly, the poor, those with limited transportation options, the disabled) d) Up to 10 points for a local funding contribution or the completion of previous phases of project development. e) Up to 10 points for improving neighborhood or community quality of life f) Up to 10 points for improving environmental air, noise, water quality, and/or reducing the need for single occupancy vehicle trips Page 51 of 311 TE Guidelines 2009 3 Last Modified on 3/04/05 g) Up to 10 points for evidence of community support, including minutes of public meetings, newspaper clippings, petitions, letters of support from local business owners, property owners, nonprofit organizations, political leaders and other groups h) Up to 5 points for top priorities identified by the MPO’s Citizen's Transportation Advisory Committee (CTAC), Bicycle/Pedestrian Advisory Committee (BPAC), and Transportation Aesthetics Review Committee (TARC) Project Implementation Projects prioritized in this funding cycle will be programmed into the FDOT 5-Year Work Program. Project sponsors will be responsible for working with FDOT to execute project funding agreements in a timely manner. Federal law requires that each project be administered under the rules and procedures governing federally funded transportation projects including rightof-way certification, environmental review and Americans with Disabilities Act (ADA) compliance. The FDOT Local Agency Program Program (LAP) will control the project funding process. Project sponsors must enter into a LAP agreement with FDOT prior to the start of any work for which they wish to be reimbursed. Funds spent by the sponsor before execution of a LAP agreement cannot be reimbursed by FDOT. More information on the FDOT Local Agency Program can be found at: www.dot.state.fl.us/projectmanagementoffice/lap/. Additional information on the Transportation Enhancement Program is available from FDOT: www.dot.state.fl.us/emo/enhance/enhance.shtm and the Federal Highway Administration: http://www.fhwa.dot.gov/environment/te/guidance.htm If you have any questions, contact David Henderson at 305-375-1647 or davidh@miamidade.gov. Page 52 of 311 METROPOLITAN PLANNING ORGANIZATION (MPO) SECRETARIAT 111 N.W. 1 STREET, SUITE 920 MIAMI, FLORIDA 33128-1999 305-375-4507 www.miamidade.gov/mpo 2010 Transportation Enhancement Program (TEP) Review Schedule 12/21/2009: Application distribution 01/07/2010: TEP Information Workshop (SPCC 9th Floor Conference Room, 10:00 am) 03/05/2010: Applications Due to MPO (111 NW First Street, Suite 920) by 5:00 pm 03/12/2010: TEP Review Committee Meeting: Application Eligibility Review (SPCC 9th Floor rear conference room, 10:00 am) 05/07/2010: TEP Review Committee Meeting: Project Ranking (SPCC 9th Floor rear conference room, 10:00 am) 06/09/2010: TARC Review of Applications 06/23/2010: BPAC Review of Applications 06/23/2010: CTAC Review of Applications 06/28/2010: TPC Review of Recommended TEP Priorities 07/12/2010: MPO Review Committee Review of Recommended TEP Priorities 07/22/2010: MPO Board Approval of TEP Priorities 08/01/2010: Submission of MPO Priorities to FDOT KEY TO ABBREVIATIONS: TEP Transportation Enhancements Program CTAC Citizens' Transportation Advisory Committee (SPCC Commission Chambers, 5:30 pm) TARC Transportation Aesthetics Review Committee (SPCC Meeting Room 18-2, 4:00 pm) BPAC Bicycle/Pedestrian Advisory Committee (SPCC Meeting Room 18-3, 5:30 pm) TPC Transportation Planning Council (Meeting Room 18-3, 2:00 pm) MPO Review Committee (Commission Chambers, 9:30 am) MPO Metropolitan Planning Organization Governing Board (Commission Chambers, 2:00 pm) CONTACT PERSON: David Henderson, Metropolitan Planning Organization (MPO) Phone: (305) 375-1647 -FAX (305) 375-4950 Email: davidh@miamidade.gov Internet: www.miamidade.com/mpo Page 53 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: FY 2009 Equipment Bond Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#09‐10‐022 Purchase & Delivery of Dell Laptop Computers w/Accessories X Sponsor Name Dr. Danny Cre City Manager w, Department: Information Technology Department/Police Department 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 WAVENET TECHNOLOGIES, INC. IN THE AMOUNT OF ONE HUNDRED SEVENTY THOUSAND, ONE HUNDRED FIFTY‐THREE DOLLARS ($170,153.00) FOR THE PURCHASE OF DELL LAPTOP COMPUTERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The Miami Gardens Police Department utilizes computer laptops to dispatch/receive calls for service, perform immediate records checks, complete incident reports and as a communication device between members of the Department and outside agencies. The current Motorola laptops are outdated, often in need of repairs and have lost the functionality needed by the Department for everyday tasks. Currently 80 of the existing laptops are in need of repair or are not completely functional. We anticipate an additional 20 laptops losing its functionality throughout the year. The costs associated with repairing these computers are prohibitive and replacing and the warranties are out of date. Replacing the Motorola laptops with Dells laptops, which come with a 3 year total coverage warranty, would be more cost effective and provide needed functionality to the Department. ITEM J-4) CONSENT AGENDA RESOLUTION P.O. to Wavenet Technologies, Inc. Page 54 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation Staff prepared specifications for the purchase and delivery of 100 Dell Laptop Computers with Accessories. The specifications were broadcast as ITB#09-10-022 on December 4, 2009. A broadcast notice was sent to 404 suppliers, thirteen bid packages were requested. One proposal was received and publicity opened and read on December 17, 2009. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s office for review. The only bidder was Wavenet Technologies, Inc., located in Pensacola, FL. Since only one response was received, staff performed a comparison with the State of Florida Dell pricing with accessories to ensure the prices received were competitive. The results are below: Entity Dell Laptops Accessories Total /unit Grand Total for 100 Laptops Savings to City Wavenet Technologies $1,283.55 $417.98 $1,701.53 $170,153.00 $5,205.00 State of Florida $1,335.60 $417.98 $1,753.58 $175,358.00 The accessories consist of a universal mounting bracket, screen support and power adapter needed for the installation in the patrol vehicles. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to issue a purchase order in accordance with the bid specifications for the purchase and delivery of 100 Dell Laptop Computers with Accessories to Wavenet Technologies, Inc. in the amount of $170,153.00. Attachment: None. Page 55 of 311 1 RESOLUTION NO. 2010____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO WAVENET TECHNOLOGIES, INC. IN THE AMOUNT OF ONE HUNDRED SEVENTY THOUSAND, ONE HUNDRED FIFTY-THREE DOLLARS ($170,153.00) FOR THE PURCHASE OF DELL LAPTOP COMPUTERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens Police Department utilizes laptops to dispatch and receive service calls, perform immediate record checks, complete incident reports, and communicate with members of the Department and other agencies, and WHEREAS, the laptops are often in need of repairs and have lost the functionality needed to complete everyday tasks, and WHEREAS, the costs associated with repairing these computers exceed the value, and WHEREAS, City Staff prepared specifications for the purchase and delivery of one hundred (100) Dell laptops computers to replace the outdated laptops, and WHEREAS, the only bidder was Wavenet Technologies, Inc. located in Pensacola, Florida, and WHEREAS, City Staff performed a price comparison with the State of Florida and determined that Wavenet Technologies, Inc. offered lower prices, 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 56 of 311 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 2: AUTHORITY: The City Manager is hereby authorized and directed to issue a purchase order to Wavenet Technologies, Inc. in the amount of One Hundred Seventy Thousand, One Hundred Fifty-Three Dollars ($170,153.00) for the purchase of Dell laptop computers with a three (3) year total coverage warranty. 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 JANUARY 27, 2010. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _______________________________ RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER Moved by: __________________ VOTE: _________ 31 Mayor Shirley Gibson ____ (Yes) ____(No) 32 Vice Mayor Oliver Gilbert,III ____ (Yes) ____(No) 33 Councilman Melvin L. Bratton ____(Yes) ____(No) 34 Councilman Aaron Campbell ____ (Yes) ____(No) 35 Councilman Andre’ Williams ____(Yes) ____(No) 36 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 37 Councilwoman Barbara Watson ____ (Yes) ____(No) 38 Page 57 of 311 3 1 2 3 4 5 Page 58 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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 X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X 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 CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”) IN THE AMOUNT OF THIRTY-ONE THOUSAND, THREE HUNDRED FIFTY-SIX DOLLARS AND 96/100 CENTS ($31,356.96) TO PROVIDE LANDSCAPE MAINTENANCE SERVICES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: In December 2006, the City Council authorized staff to enter into agreement with Florida Department of Transportation (FDOT) to provide landscaping maintenance services on NW 27 Avenue, NW 183 Street and NW 2 Avenue (441). A contract renewal is necessary in order for Public Works to maintain the new areas that were recently planted along NW 183 Street, NW 27 Avenue, on the south end of NW 2 Avenue. In addition, Public Works will continue the task of landscaping NW 183 Street from NW 27 Avenue to NW 47 Avenue this fiscal year. FDOT will pay the City the same amount as last year, $31, 356.96. This figure is equal to the amount FDOT would compensate a private contractor to maintain its landscaped medians. ITEM J-5) CONSENT AGENDA RESOLUTION Agreement w/Florida Dept. of Transportation Page 59 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: It is recommended that City Council approve the attached resolution authorizing the renewal of the Landscaping Maintenance Agreement with FDOT for an annual payment to the City in the amount of $31, 356.96. Attachment: Attachment A: 2007 FDOT Original Contract with Resolution Attachment B: 2010‐2011 Maintenance Agreement (Contract #AP798, Financial Number 40905717801) Page 60 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-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 DEPARTMENT OF TRANSPORTATION (“FDOT”) IN THE AMOUNT OF THIRTY-ONE THOUSAND, THREE HUNDRED FIFTY-SIX DOLLARS AND 96/100 CENTS ($31,356.96) TO PROVIDE LANDSCAPE MAINTENANCE SERVICES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in December 2006, the City Council authorized the execution of an Agreement with the Florida Department of Transportation (“FDOT”) authorizing the City to provide landscape maintenance services along Northwest 27th Avenue, Northwest 183rd Street, and Northwest 2nd Avenue (441), and WHEREAS, it is necessary to renew the current Agreement to maintain the areas which were recently planted with trees along Northwest 183rd Street, Northwest 27th Avenue and the south end of Northwest 2nd Avenue, and WHEREAS, FDOT will compensate the City at the same rate of Thirty One Thousand Three Hundred Fifty Six Dollars and 96/100 Cents ($31,356.96), as it did in previous years for the performance of said services, WHEREAS, the Agreement attached hereto as Exhibit “A” outlines the parties’ responsibilities as it relates to landscape maintenance services, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 61 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 and City Clerk to execute and attest, respectively, an Agreement with The Florida Department of Transportation (“FDOT”), attached hereto as Exhibit “A”, to provide landscape maintenance services in the amount of Thirty One Thousand Three Hundred Fifty Six Dollars and 96/100 Cents ($31,356.96). Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with the Florida Department of Transportation, with one (1) to be maintained by the City; and one (1) to be delivered to the Florida Department of Transportation. 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 JANUARY 27, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 2 Page 62 of 311 3 1 2 3 4 5 6 7 8 9 10 11 12 13 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 14 Mayor Shirley Gibson (Yes) ___(No) 15 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 16 Councilman Melvin L. Bratton (Yes) ___(No) 17 Councilman Aaron Campbell (Yes) ___(No) 18 Councilwoman Barbara Watson (Yes) ___(No) 19 Councilwoman Sharon Pritchett (Yes) ___(No) 20 Councilman André Williams (Yes) ___(No) 21 22 23 Page 63 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment A (2007‐2008 Maintenance Agreement) Page 64 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 65 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment B: 2008‐2009 Maintenance Agreement (Contract #AP798, Financial Number 40905717801) Page 66 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 67 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 68 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 69 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 70 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 71 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 72 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 73 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 74 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 75 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 76 of 311 Page 77 of 311 Page 78 of 311 Page 79 of 311 Page 80 of 311 Page 81 of 311 Page 82 of 311 Page 83 of 311 Page 84 of 311 Page 85 of 311 Page 86 of 311 Page 87 of 311 Page 88 of 311 Page 89 of 311 Page 90 of 311 Page 91 of 311 Page 92 of 311 Page 93 of 311 Page 94 of 311 Page 95 of 311 Page 96 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: Public Works /Stormwater Fund Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Public Works Department/Stormwater 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 NUNC PRO TUNC WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT (“SFWMD”) AWARDING A GRANT TO THE CITY IN THE SUM OF ONE HUNDRED SIXTY-TWO THOUSAND, SEVENTY THREE DOLLARS ($162,073.00) FOR TWO (2) STORMWATER PROJECTS, AND TO AUTHORIZE THE CITY MANAGER TO DISBURSE THREE HUNDRED THIRTY-EIGHT THOUSAND, NINE HUNDRED FOUR DOLLARS ($338,904.00) FROM THE CITY’S STORMWATER FUND TO MATCH THE GRANT AWARD; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: In 2009, the South Florida Water Management District (SFWMD) informed the City that it had extra funding for stormwater projects. The City was granted funds for two projects from the City’s Stormwater Master Plan. On November 10, 2009, the SFWMD presented a check for $162,073 to Council. This amount will fund the following projects: 1) NW 21 Avenue between NW 194 Terrace and NW 196 Street: a) $131,096 from SFWMD and the City will match it with $218,904 for a project total of $350,000; 2) NW 38 Place between NW 208 and 209 Street: ITEM J-6) CONSENT AGENDA RESOLUTION Agreement w/South Florida Water Management District Page 97 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 a) $30,977 from SFWMD and the City will match with $ 120,000 for a project total of $150,977. These two stormwater drainage projects will consist of design, permitting, and construction of french drains with catch basins. The projects will be designed to handle the frequent rainfall that causes flooding during the rainy season. Proposed Action: That City Council accept the SFWMD funding by approving the grant award contract in the amount of $162,073 as well as allow the City Manager to allocate $338,904 from the Sortmrwater Fund to serve as the City’s matching portion. Attachment: Exhibit A --SFWMD Contracts Exhibit B --Presentation Check Page 98 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION No. 2010-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 NUNC PRO TUNC WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT (“SFWMD”) AWARDING A GRANT TO THE CITY IN THE SUM OF ONE HUNDRED SIXTY-TWO THOUSAND, SEVENTY THREE DOLLARS ($162,073.00) FOR TWO (2) STORMWATER PROJECTS, AND TO AUTHORIZE THE CITY MANAGER TO DISBURSE THREE HUNDRED THIRTY-EIGHT THOUSAND, NINE HUNDRED FOUR DOLLARS ($338,904.00) FROM THE CITY’S STORMWATER FUND TO MATCH THE GRANT AWARD; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 10, 2009, the South Florida Water Management District (“SFWMD”) presented the City Council of the City of Miami Gardens with a grant in the amount of One Hundred Sixty-Two Thousand, Seventy-Three Dollars ($($162,073.00), and WHEREAS, the funds will support two (2) stormwater drainage projects which will consist of design, permitting and construction of French drains with catch basins, and WHEREAS, the projects will provide improved flood protection while providing water quality treatment of storm drainage, and WHEREAS, the City will allocate matching funds in the amount of Three Hundred Thirty-Eight Thousand, Nine Hundred Four Dollars ($338,904.00) to fund the projects, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 99 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 and City Clerk to execute and attest, respectively, that certain Agreement with South Florida Water Management District to award a grant to the City of Miami Gardens in the amount of One Hundred Sixty-Two Thousand, Seventy-Three Dollars ($162,073.00) a copy of which is attached hereto as Exhibit “A”; The City Manager is hereby authorized to disburse Three Hundred Thirty-Eight Thousand, Nine Hundred Four Dollars ($338,904.00) from the City’s Stormwater Fund to fund two (2) stormwater projects. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject contract with one (1) to to be maintained by the City, and one (1) to be delivered to South Florida Water Management District. Section 4. NUNC PRO TUNC EFFECT: This Resolution shall be effective as of November 12, 2009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 27, 2010. _________________________________ SHIRLEY GIBSON, MAYOR 2 Page 100 of 311 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 23 Mayor Shirley Gibson (Yes) ___(No) 24 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 25 Councilman Melvin L. Bratton (Yes) ___(No) 26 Councilman Aaron Campbell (Yes) ___(No) 27 Councilwoman Barbara Watson (Yes) ___(No) 28 Councilwoman Sharon Pritchett (Yes) ___(No) 29 Councilman André Williams (Yes) ___(No) Page 101 of 311 Page 102 of 311 Page 103 of 311 Page 104 of 311 Page 105 of 311 Page 106 of 311 Page 107 of 311 Page 108 of 311 Page 109 of 311 Page 110 of 311 Page 111 of 311 Page 112 of 311 Page 113 of 311 Page 114 of 311 Page 115 of 311 Page 116 of 311 Page 117 of 311 Page 118 of 311 Page 119 of 311 Page 120 of 311 Page 121 of 311 Page 122 of 311 Page 123 of 311 Page 124 of 311 Page 125 of 311 Page 126 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: NA 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 City Manager Danny O. Crew Department: Public Works Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT AND ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The loss of tree canopy from past storms it has created a negative ecological and aesthetic impact in the City of Miami Gardens. To address this concern, staff recommends applying for the 2009‐2011 Forest Health Improvement Initiative Grant Program. The Urban and Community Forestry (U&CF) Program addresses the stewardship needs of natural resources where 80 percent of the nation's population lives, works, and plays. In the City of Miami Gardens the quality of life is closely connected with land conversion associated with development, hence there is a strong economic case for conserving and restoring tree cover and green open space to help guide growth and improve the livability of community neighborhoods. Part of the U&CF grant application requires Council to support a resolution authorizing the City Manager to apply for the grant and to enter into a Maintenance Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services. This grant requires no matching funds. Funds from this grant will be used to plant trees in the city’s right‐of‐way. ITEM J-7) CONSENT AGENDA RESOLUTION Agreement w/Florida Dept. of Agriculture and Consumer Services Page 127 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That City Council approve this resolution to give the City Manager the authorization to apply for this grant and if secured enter into a Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services for the maximum grant allowance of $24,000 with no matching funds. Attachment: None. Page 128 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT AND ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the loss of tree canopy from past storms has created a negative ecological and aesthetic impact within the City of Miami Gardens, and WHEREAS, the conservation and restoration of tree cover and green open space helps guide growth and improve the livability within the City’s neighborhoods, and WHEREAS, City Staff recommends applying for the 2009-2011 Forest Health Improvement Initiative Grant Program administered by the Florida Department of Agriculture and Consumer Services, and WHEREAS, the awarded funds will be used to plant trees in the City’s right-ofway, 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 apply for and enter into a Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services for the 1 Page 129 of 311 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 maximum grant allowance of Twenty-Four Thousand Dollars ($24,000.00) to be used to plant trees in the City’s right-of-way. 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 JANUARY 27, 2010. _________________________________ 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: _____ 34 Mayor Shirley Gibson (Yes) ___(No) 35 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 36 Councilman Melvin L. Bratton (Yes) ___(No) 37 Councilman Aaron Campbell (Yes) ___(No) 38 Councilwoman Barbara Watson (Yes) ___(No) 39 Councilwoman Sharon Pritchett (Yes) ___(No) 40 Councilman André Williams (Yes) ___(No) Page 130 of 311 311City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: 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 Danny Crew, City Manager Department: City Manager ‘s Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FIVE (5) YEAR COMPREHENSIVE STRATEGIC PLAN FOR THE CITY ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background As an organization, the City of Miami Gardens has grown significantly since its incorporation in 2003. One of the guiding principles used by city leaders was a need to identify long-term strategic objectives that would govern budget priorities, while providing residents and stakeholders a means by which to monitor the city’s progress in meeting those objectives. In early 2004, the City Council adopted the first strategic plan which covered fiscal years 2004-2009. During this period, City staff has been successful in accomplishing many of the long-term goals and objectives outlined in that initial plan, as well as pursuing other initiatives deemed to be in the best interest of the City and its residents. As the City continued to progress toward a mature organization, the development of a new strategic plan became necessary to serve as the document to guide staff in focusing its efforts in the pursuit of new goals and objectives appropriate for a city of the size of Miami Gardens over the next 5 years. ITEM J-8) CONSENT AGENDA RESOLUTION Approving the five year Comprehensive Strategic Plan Page 131 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation In late 2008, the Mayor and Council directed the City Manager to engage a professional consultant to work with staff in the development of a new strategic plan document. Ms. Donna Ginn, Crossroads Consulting, was selected because of their extensive experience in the development of strategic plans for a number of organizations both public and private. The development of a comprehensive strategic plan includes active participation from several stakeholders (residents, city staff, and elected officials) in order to establish consensus regarding long term goals, available resources, and realistic time measurements. Once consensus was established, the City’s senior management and elected officials engaged in intense workshops where all suggested goals were drilled down into six (6) key objectives that affected all aspects of the progressive and well rounded community the City of Miami Gardens aspires to become. The attached strategic plan document reflects the 6 objectives, along with the related goals, measurement indicators and time factors for each. It is Staff’s intent to present a resolution to City Council recommending adoption of the 5-year strategic plan document covering fiscal years 2009-2013. With the adoption of the new strategic plan, City staff will proceed to implement the goals and objectives outlined therein. Moreover, staff will develop a measurement instrument intended to assist department directors in recommending budget and staffing levels that will meet the goals and objectives outlined in the strategic plan document. Proposed Action: City staff recommends City Council approval of a resolution adopting the 5‐year strategic plan covering fiscal years 2009‐2013. Attachment: • Strategic Plan Document FY 2009‐2013 Page 132 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FIVE (5) YEAR COMPREHENSIVE STRATEGIC PLAN FOR THE CITY ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in late 2008, the Mayor and City Council, engaged a professional consultant to work with City Council and Staff in the development of a new Comprehensive Strategic Plan Document, and WHEREAS, Consultant, Donna Ginn, of Crossroads Consulting LLC, along with input from City staff, Elected Officials and residents, developed a Comprehensive Strategic Plan to outline the City’s goals and objectives for the years 2009 – 2013, and WHEREAS, the Comprehensive Strategic Plan is to be used as an instrument to help guide the City Council, City Manager and staff over the five (5) year term, 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 approval of the Five (5) year Comprehensive Strategic Plan for the City attached hereto as Exhibit “A.” Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 1 Page 133 of 311 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 27, 2010. _________________________________ 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: _____ 30 Mayor Shirley Gibson (Yes) ___(No) 31 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 32 Councilman Melvin L. Bratton (Yes) ___(No) 33 Councilman Aaron Campbell (Yes) ___(No) 34 Councilwoman Barbara Watson (Yes) ___(No) 35 Councilwoman Sharon Pritchett (Yes) ___(No) 36 Councilman André Williams (Yes) ___(No) 37 38 39 Page 134 of 311 City of Miami Gardens Strategic Plan 2009 ‐2013 Prepared by: Crossroad Consulting Group, LLC November 2009 Page 135 of 311 2 Table of Contents I. Summary 3 II. The Strategic ‐Plan Objectives, Goals, Strategies, Measures Organizational Effectiveness 6 Business and Economic Development 8 Public Safety 10 Quality of Education 12 Quality of Life & City Image 13 Internal and External Communication 14 III. Appendix Roles and Responsibilities 16 Community Meetings ‐Pictures 21 Page 136 of 311 CITY OF MIAMI GARDENS 2009-2013 STRATEGIC PLAN INTRODUCTION Under the direction of Mayor Shirley Gibson and the City Council, the leadership of the City of Miami Gardens agreed to engage in a four-phase process (Figure 1) to develop the 2009 – 2013 strategic plan. When the City began strategic planning in 2005 the leadership stated unequivocally that it was important to articulate a set of deep and abiding operating principles that would guide the actions of all city employees and the council. During a very thoughtful and passionate dialogue seven (7) basic principles were identified. They are as follows: CITY OF MIAMI GARDENS OPERATING PRINCIPLES 􀂃 Citizens have a voice and perceive the government as transparent, accessible, and accountable. 􀂃 Businesses thrive and contribute to the economic growth of the City and hire the residents. 􀂃 Viable partnerships exist between council, businesses, and homeowners to ensure interest and involvement in city government. 􀂃 Viable partnerships exist with local and state school boards to ensure resources to better educate the youth of Miami Gardens. 􀂃 There is a strategic plan in place to guide the use of financial and human resources. 􀂃 There is an internal structure where policies and processes are in place and working well. 􀂃 Others in Miami Dade County look and see a community that is vibrant, clean, and beautiful. 3 Page 137 of 311 THE STRATEGIC PLANNING PROCESS Phase 1A & B Identify Critical Success Factors Public Meetings City Leaders Interviews Phase II 2 Day Planning Meeting with City Leaders Phase IV 2 day Planning Meeting with City Leaders to Complete Final Plan Phase III Catchball Process Figure 1 Strategic Planning Process PHASE I – CITIZEN INVOLVEMENT: IDENTIFICATION OF CRITICAL SUCCESS FACTORS The first step in the planning process was to understand what the citizens of Miami Gardens believed were the critical success factors for the City; i.e. the goals that had to be achieved to make Miami Gardens a world-class city. Focus group meetings were held in each Council member’s district. These meeting were advertised and open to all citizens. The citizens identified ten (10) critical success factors (CSF); i.e. the goals that have to be achieved to make Miami Gardens a world class city. Further, the citizens expressed an expectation that these CSF’s would be addressed in the strategic plan. CRITICAL SUCCESS FACTORS Code Enforcement Services to Seniors Civic involvement Services to Youth Communication to Citizens Customer Service Crime Prevention Quality of Life Education Economic Development. 4 Page 138 of 311 5 It is not surprising that these critical success factors aligned with the principals indentified by the City leaders in the 2005 strategic planning process. It clearly demonstrates alignment in thinking among the citizens and between the citizens and the City’s leadership. Further, it demonstrates that the leadership has been effectively communicating with the citizens. CITY LEADERSHIP INPUT – PHASE IB An additional set of information was collected from the city’s leadership. This information contained what the leadership team viewed as the priorities over the next 5 years, what resources existed to help the city achieve those priorities, and what challenges had to be managed to achieve the priorities. What emerged from those interviews was the following: PRIORITIES INDENTIFIED BY CITY LEADERSHIP Financial and Economic Development Citizen Security and Safety Customer Service Construction of a new City Hall Development of Parks and Recreation Development of good people City Image Managing the City’s growth growth PHASE II & III: PLANNING MEETING AND CATCHBALL PROCESS In the first two-day planning meeting the leadership reviewed information from the community meetings and from their interviews. While they acknowledged some differences in priority between themselves and the citizens, they believed there was a general sense of agreement about the strategic choices the City had to make for this time frame. With the CMG operating principles as a foundation, the input of the residents, and the knowledge and expertise of the Mayor, Council, and administrative staff, six (6) priority areas were identified and goals, strategies and measures were developed. AREAS OF PRIORITY Organizational Effectiveness Public Safety Economic and Business Development Education, Internal and External Communication Quality of Life and City Image The next step in the process, known as catchball, is done as a reality checkpoint for the plan. Each department head was charged with analyzing the goals and strategies for their financial feasibility and technical and human resource requirements. Once this analysis was complete, the group reconvened, Page 139 of 311 presented their findings and agreed on the final plan. Additionally, they completed charts of roles and responsibilities for each goal and strategy. What follows is the plan for fiscal years 2009-2013. PRIORITY AREA # 1ORGANIZATIONAL EFFECTIVENESS 6 OBJECTIVE GOALS STRATEGIES MEASURES Enhance the effectiveness of the organization 1. Strengthen leadership and anagement skills of mployees me . Improve mployee Morale 2E 1.1. Establish and mplement professional evelopment id 1.2 Create and implement Miami Gardens Leadership Certification Programs for supervisor, managers, and executives using inside, utside and on‐line esources or 1.3 Develop career ladders to move employee from entry evel to more skilled evel positions ll 2.1 Develop and enhance rewards and recognition programs (Outstanding Employee of the Month, Employee Suggestion and Departmental nonmonetary Programs) to effectively motivate workforce 1.1.1 Hire on have th 2010 e analyst by June 2009 an e other on board by June d 1.2.1 a Conduct training on on managing t performance, discipline, coaching and counseling, leadership, conflic resolution, project management, change, , and motivation by organizational communication January 2011 1.2.1 b Train all employees on topics such orkplace, sexual ral diversity by as ethics in the w harassment, cultu December 2010. 1.2.2 Conduct departmental training by 0 and follow up for hin first quarter of December 201 new hires wit employment 1.3.1 Review all job descriptions, ine class series, and ent program by January determ implem 2010. 2.1.1 By June 2010 implement surveying of new hires within 60 tion nd days of hire, prior to comple of probationary period and e Of one year of employment. Page 140 of 311 ORGANIZATIONAL EFFECTIVENESS (CONT.) OBJECTIVES GOALS STRATEGIES MEASURES Enhance the effectiveness of the organization 3. Enhance City workforce technical skills: a) Enhance existing employee technical skill b) Assess technical kill of pplicants sa 4. Improve Citywide Customer Service a) Improve Internal Customer Service b) Improve External Customer Service 5. Streamline and automate all processes 3.1 Establish a knowledge assessment process based on mployee job escriptions ed 4.1 Create CMG Internal mer Servic y” City Custo e “Philosoph • SeCustomer ission rvice • Vision, M • Admin Standards 5.1 Develop Standardized processes and procedures citywide to improve the perating effectiveness f all departments oo 5.2 Standard Operating Procedures Implemented in each Department 3.1.1 Implement knowledge assessment process by October 2011. s 3.1.2 Implement citywide liaison group to train and share information of business functions by Oct. 2009. 4.1.1 Improve internal customer service” listed objective for each Department Director’s and employee evaluation by Oct. 2009 4.1.2 Implement CMG training Oct. 2009 e ervic nal 4.1.3 Distribute annual customer s surveys to internal and exter customers December 2009 5.1.1 All departments review operations t and make recommendation on improving effectiveness in at leas ne 2009 and mendations by two areas by Ju Implement recom October 2009 5.2.1. SOPs completed for each Department by December 2009 PRIORITY AREA # 2BUSINESS AND ECONOMIC DEVELOPMENT 7 Page 141 of 311 OBJECTIVES GOALS STRATEGIES MEASURES Advance Business & Economic Development in 3 established major corridors 1. Establish and define the City’s economic development function. 2. Enhance retail & service mix 1.1 Articulate the need & obtain consensus from decision makers. 2.1 Develop a retail economic development strategy plan and document. 2.2 Conduct a business focus group. business 2.3 Develop a directory. 2.4 Market established economic development corridors on a regional and national level 2.5 Adopt zoning code/land development regulations that incentivize and otherwise encourage higher intensity and density mixed. 1.1.1 Obtain agreement on de of function and organiza 09 finitio tion n structure by Dec 20 1.1.2 Secure budget and commitment of dedicated resources ($125k For first year) by Sept. 2009 e staff by 1.1.3. Recruit and hir January 2010. 2.1.1 Document completed by March 2009, to include permit incentives, marketing plan, alternative funding mechanisms and other polices (predicated on accomplishment of goal #1) f designated body by 2.2.1 Approval o July 2010 of tion of 20% City by 2.2.1 Secure participa businesses in the December 2010 2.3.1 Establish city sponsored magazine 2.4.1 Establish marketing plan by January 2011. Plan to include services and incentives to be offered by City. ic 2.4.2 Establish clear responsibility om in for City’s business and econ development functions with overlap ping jurisdictions (Enterprise Zone, Empowerment Zones, etc.). 2.5.1 Adopt revised Zoning Code/Land ulations by e incorporation Development Reg 2009, including th of new sign code 8 BUSINESSS AND ECONOMIC DEVELOPMENT (CONT.) Page 142 of 311 9 OBJECTIVE GOALS STRATEGIES MEASURES Advance Business & Economic Development in 3 established major corridors 3. Redevelop ial existing industr parks. 4. Strengthen professional office base inventory. 3.1 Adopt enhanced landscape and streetscape s that r standard create a highe quality openvironment for new devel ment and redevelopment. d 3.2 Insure adequate infrastructure an services (highspeed internet, transit, etc) industrial sewer, within parks. 4.1 Establish a e directory of e offic ithin availabl space w the City 4.2 Identify sites for development of pace ment new office s or redevelop of existing office space. & B 4.3 Market class A office space development opportunities nationally and internationally. 3.1.1 Create economic incentive plan specifically for ning industrial parks (i.e. entertainment district zo overlay, free trade zone) y’s 3.1.2 Adopt enhanced landscape of the Cit LDR by standards as part new Zoning Code/December 2009. 3.2.1 Identify, evaluate and er, on coordinate with water, sew internet, & telecommunicati service providers by 2011. it 3.2.2 Work with Comcast to comm s in the to internet upgrade industrial areas and major corridors by 2011. f 4.1.1 Secure participation of 50% o office building management firms in the City by Dec. 2010 4.2.1 Plot a map reflecting viable ity sites that meet zoning igh dens ent by standards for h office developm February 2011 such et 4.3.1 Work with publications ( as Black’s Guide) to mark the City for office space development and redevelopment by 2011. Page 143 of 311 PRIORITY AREA # 3PUBLIC SAFETY OBJECTIVES GOALS STRATEGIES MEASURES Create a community culture of safety 1. Enhance Public Safety a) Decrease violent crimes by 15% (homicides, robberies, assaults, and sexual assaults. b) Decrease Total Part I crimes by 20% 1.1a Maintain budgeted staffing by actively recruiting and hiring new employees 1.2a Create violent crimes squad to investigate and seek out and arrest violent offenders. 1.3a Utilize advanced technology and crime analysis instruments to identify trends and deploy personnel effectively. 1.4a Reduce the occurrences of violent crime by developing and maintaining a liaison with Parks and Code Enforcement to address safety and quality of life issues. 1.5a Implement the Neighborhood Enrichment Division to prevent crime, address quality of life issues and solve neighborhood problems. 1.1b Review all property sold at Pawn Shops. 1.2b Conduct monthly body shop inspections to deter auto thefts 1.1.1 Ensure budgeted staffing each quarter is maintained. 1.2a.1 Violent crime cases are solved and offenders arrested. 1.3a.1 Crime Analysis Unit is able to provide up to the minute statistical information. 1.4a.1 Division commanders utilize these resources to effectively deploy personnel. 1.4a2. Liaison officers are designated and routine meetings are held. 1.5a.1 Complete the hiring of 27 officers by October 1, 2011 to establish the CET. 1.5.a.2 Full Community Policing component including training is implemented January 1, 2012. 1.1b.1Identification of burglary subjects and stolen property through pawnshop checks. 1.2.b.1 Recovery of stolen vehicles and parts. Closure and/or fines assessment of improper businesses. 10 Page 144 of 311 PUBLIC SAFETY (CONT.) 11 OBJECTIVE GOALS STRATEGIES MEASURES Create a community culture of safety c) Enhance Community interaction with the Department to create safe environment. 2. Increase motorists safety & reduce traffic crashes in the City of Miami Gardens a) Reduce traffic accidents by 10%. b) Increase DUI arrests by 25% 1.1c Increase Neighborhood Watch Participation each year by 25 participants 1.2.c Increase participation in the Zero Tolerance Program to include one half of the City’s licensed businesses. 2.1.a Implement and maintain Red Light Enforcement program. 2.2.a Create public education for traffic safety. 2.3. a. Fully implement 6 members Traffic Unit. 2.4.a Deploy SMART Trailers throughout City. 2.5a Certify 5 additional officers each year in Radar operation. 2.1b Conduct monthly DUI Checkpoints. 2.2.b Create a public safety campaign advising of Zero T olerance of DUIs in CMG. 2.3b Create partnerships with local law enforcement agencies to assist in enforcement effort. 1.1c.1 Additional Neighborhood Watch Programs created. Attendance and participation consistent. Org charts reflect an increase of at least 25 total participants program wide. 1.2c.1A total of 1150 (one half of City registered businesses) new businesses are registered and signs are posted on site. 2.1a.1Areas where “Red Light” Cameras are located show a reduction in crashes each year by 5%. 2.2a.1Total number of traffic crashes is reduced by 2% each year. 2.3a.1Monthly traffic enforcement statistics consistent with deployment of personnel. Generated statistics at or above the performance standard determined by an average of officer productivity TBD each month. 2.1b.1 Bi‐monthly DUI checkpoints are conducted by staff and statistics incorporated in Council’s Report. 2.1b.1 Number of DUI arrests increases by 5% each year. 2.2.b.1 Coordinate 5 Public Service announcements each month in various media outlets. 2.3b.1 Document participation of at least 1 other law enforcement agencies in MGPD’s DUI checkpoint initiatives. Page 145 of 311 311PRIORITY AREA # 4QUALITY OF EDUCATION OBJECTIVE GOALS STRATEGIES MEASURES Improve the quality of education in the City of Miami Gardens 1. Research opportunities for taking control of the school system in City of Miami Gardens 2. Create educational culture that is relevant to City of Miami Gardens residents 3. Create a communal approach to education 1.1 Complete the education program feasibility study 2.1 Conduct an analysis of the most advantageous education model for City of Miami Gardens parents and students 3.1 Establish an education model to achieve excellence in education in City of Miami Gardens 1.1.1 Define options for acquisition and financing of school systems by January 2010 2.1.1 Complete education model ‐analysis for K‐12 by December 2010 2.1.2 Complete education model ‐analysis for adults by June 2011. 3.1.1 Identify private partners for vocational expertise and funding by October 2012 12 Page 146 of 311 PRIORITY AREA # 5QUALITY OF LIFE AND CITY IMAGE 13 OBJECTIVE GOALS STRATEGIES MEASURES Enhance overall quality of life for residents and usinesses of CMG our image) b( 1I. Improve City dentity and image 2. Improve City infrastructure. 1.1 Establish a branding campaign. ate in the Award 1.2 Particip Baldrige Process 2.1 Reinforce the use of City of Miami Gardens as a principle address 2.2 Prioritize 22 zones for sidewalk repairs in the entire City. 2.3 Rebuild and landscape NW 7thAve between183rd and 199 Street. 2.4 Standardize Right of Way .5 Increase City wide tree canopy 2 1.1.1 Implement by end of Nov 09 d 1.2.2 Obtain Baldrige Awar by September 2011. alize the use of n all media by 2.1.1a Form CMG i 2010 0 articles on ange address 2.1.1b Publish 2 how to ch by 2010. ir 7 zones annually plete 22 zones by 2.2.1 Repa to com 2011 2.3.1 Complete work by September 2010 2.4.1 Develop plan by December 2009 2 .5.1 Increase by 6% by 2011 Page 147 of 311 14 PRIORITY AREA # 6INTERNAL AND EXTERNAL COMMUNICATION OBJECTIVE GOALS STRATEGIES MEASURES Improve internal and external communication 1. Improve thro the entire organization ughout 2. Improve unication esidents and comm to city r others 1.1 Develop a communication plan mployee 1.2. Develop an e newspaper. ty 2.1 Develop a ci newspaper ation 2.2 Create inform sessions for sinesses, employees, residents, bu and visitors ublic 2.3 Use English and Spanish for all p announcements. e ugh 2.4 Improve onlin presence thro City website .5 Produce quarterly newsletter mailer 2 1.1.1 Implement a City ommunicaan by Feb wide c tion pl 2010. r 1.2.2 Publish monthly employee newslette by December 2009. 2.1.1 Implement a community newspaper by Oct 2010 2.2.1 Formalize informas ly by tional workshop monthly/quarter November 2009 2.3.1 Standardize use of English & Spanish for All public announcer ments by Oct 2010 (determine need fo Creole after 2010) e 2.4.1 Complete websit development by December 2009 t quarterly r mailer mailer by 2.5.1 Implemen newslette Dec 2009 APPENDIX Page 148 of 311 ORGANIZATIONAL EFFECTIVENESS – ROLES & RESPONSIBILITIES STRATEGY LEAD DEPART FINAL AUTHORITY INPUT OWNER LEAD DEPART 1.1. Establish and implement professional development HR HR HR HR HR 1.2 Create and implement Miami Gardens Leadership Certification Programs for supervisor, managers, and executives using inside, outside and on‐line resources H R HR HR HR H R 1.3 Develop career ladders to move employee from entry level to more skilled level positions HR/All HR HR HR HR/All 2.1 Develop and enhance rewards and recognition programs (Outstanding Employee of the Month, Employee Suggestion and Departmental non‐monetary Programs) to effectively motivate workforce HR City Manager HR HR City Mgr. HR City Mgr 2.2 Create and implement employee communications forum City Manager City Manager HR City Mgr. City Mgr 3.1 Establish a knowledge assessment process based on employee job descriptions HR HR HR HR HR 4.1 Create CMG Int e ernal City Customer Servic “Philosophy” Customer Service Vision, Mission Admin Standards Council City Manager Council City Manager HR Council City Mgr. Council City Mgr 5.1 Develop Standardized processes and procedures citywide to improve the operating effectiveness of all departments All All HR City Mgr. All 15 Page 149 of 311 BUSINESS AND ECONOMIC DEVELOPMENT – ROLES AND RESPONSIBILITIES 16 GOAL/STRATEGY LEAD DEPART OWNER FINAL AUTH INPUT INPUT INPUT INPUT 1.1 Articulate the need and obtain consensus from decision makers Community Development Planning & Zoning City Admin. 2.1 Develop a retail economic strategy document Community Development Planning & Zoning Code Enforce Building 2.2 Establish a business focus group Community Develop Planning & Zoning Code Enforce Building 2.3 Develop a Business Directory Community Development Panning & Zoning Code Enforce Events & Media 2.4 Market established economic development corridors on a regional and national level Community Development Planning & Zoning Events Media & Information Technology 2.5 Adopt zoning code/land development regulations that incentivize and otherwise encourage higher intensity and density mixed use development within the city’s major corridors. Planning & Zoning Public Works Building Commun Develop ity Code Enforce CA ity dmin 3.1 Adopt enhanced landscape and streetscape standards that create a higher quality environment for new development and redevelopment Public Works Planning & Zoning 3.2 Insure adequate infrastructure and services (high‐speed internet, sewer, transit, etc) within industrial parks. Public Works Capital Projects Planning & Zoning 4.1 Establish a directory of available office space within the City Community Development 4.2 Identify sites for development of new office space. Community Development Planning & Zoning 4.3 Market class A & B office space development opportunities locally and nationally. Community Development Events Media & Page 150 of 311 PUBLIC SAFETY – ROLES AND RESPONSIBILITIES 1 17 GOAL/STRATEGY LEAD DEPT OWNER FINAL AUTH INPUT INPUT INPUT INPUT INPU T INPUT 1.1.aMaintain budgeted staffing by actively recruiting and hiring new employees while ally . maintaining a cultur diverse organization HR PD PD HR Procure ment IT 1.2.aCreate a violent crimes squad to investigate, seek out and apprehend violent offenders. PD PD PD 1.3.aUtilize advanced technology and crime analysis instruments to identify trends and deploy personnel effectively. PD PD PD IT 1.4aReduce the occurrences of violent crime by developing and maintaining a liaison with Parks and Code Enforcement to address safety and quality of life issues. PD PD PD Parks Code 1.5a Implement the Neighborhood Enrichment Division to prevent crime, address quality of life issues and solve neighborhood problems. HR PD PD HR Procure ment Fleet IT Finance 1.1.bReview all proper sold at Pawn Shops ty PD PD PD 1.2.bConduct monthly body shop inspections to deter auto thefts. PD PD PD 1.1. c Increase Neighborhood Watch Participation each year by 25 participants. PD PD PD Procure ment Building Finance IT 1.2.c Increase participation in the Zero Tolerance Program to include one half of the City’s licensed businesses PD PD PD Procure ment Page 151 of 311 PUBLIC SAFETY – ROLES AND RESPONSIBILITIES – (CONT.) GOAL/STRATEGY LEAD DEPT OWNER FINAL AUTH INPUT INPUT INPUT INPUT 2.1. a Fully implement and maintain Red Light Enforcement program. PD PD PD Public works Zoning City Attorney 2.2. a Create public educat program for traffic safety. ion PD PD PD Parks Sp. Event SCG 2.3. a Fully implement six member Traffic Unit. PD PD PD 2.4. a Deploy SMART Trailer throughout City. s PD PD PD 2.5. a Certify five additional officers each year in radar operation. PD PD PD Procurement 2.1.bConduct bi‐monthly DU Checkpoints. I PD PD PD 2.2.b Create a public safety campaign advising of “Zero Tolerance” of DUIs in CMG. Specifically target school age and college level students. PD PD PD Special Events IT 2.3.b Create partnerships with ocal law enforcement agencies o assist in enforcement effort. lt PD PD PD Other LE QUALITY OF EDUCATION – ROLES AND RESPONSIBILITIES GOAL/STRATEGY LEAD DEPART/OWNER FINAL AUTHORITY INPUT 1.1 Complete the education City Manager Council/City manager Finance/City Attorney 2.1 Conduct an analysis of the m City manager Council/City Manager Council Manager 3.1 Establish an education mode City Manager Council/City Manager Council/Manager 18 Page 152 of 311 19 QUALITY OF LIFE AND CITY IMAGE – ROLES & RESPONSIBILITIES GOAL/STRATEGY LEAD DEPT OWNER INPU T INPUT INPUT INPUT INDIRECT INVOLVEMENT 1.1 Establish a branding campaign Event Media Event Media Procure City Attorney Economic Develop Assistant City Mgr Consultant Council Community, Businesses, Residents, Stakeholders, Etc. 1.2 Participate in the Baldrige Award Process City Manager Consultan t or In house City Mgr. All Depart Heads Finance Procure (Required) All Dep Heads art Cities of Coral Springs, Oakland Park, Baldrige Panel 2.1a Reinforce the use of CMG as a principle address City Manager Event Media Zoning Depart Economic Developm ent Post Offic Mapping System Google, PS, STS) e (G Community Contractor Hired 2.1b Publish 20 articles on how to change address by 2010 2.2 Prioritize 22 Zones for sidewalk repairs in the entire City Public Works Public Works Procure F inance Public Works Assessme nt Book 2.3 Rebuild & Landscape NW 7th Avenue Public Works Public Works County Procurem ent Finance County Residents FPL, NMB, Resident 2.4 Standardize right of way Zoning ce Zoning Ordinan Public Works Zoning Finance Procurem ent Consultant Developer Property Owner 2.5 Increase Citywide tree canopy Public Works Public Works Procure Finance Residents Business Urban Forestry Community Page 153 of 311 PHOTOS FROM COMMUNITY MEETINGS 20 Page 154 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: 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 Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING ITS COMMITMENT TO AFFIRMATIVELY FURTHER FAIR HOUSING AND CERTIFYING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (AI) AS DEVELOPED BY HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The Fair Housing Act of 1968 requires all recipients of Community Development Block Grant (CDBG) funds to conduct an assessment of the barriers to housing choice and to develop a plan for overcoming the impediments identified. The Consolidated Plan regulations (24 CFR 91) require a certification by each jurisdiction to affirmatively further fair housing (AFFH). To satisfy this requirement several actions are needed including: 1) the completion of an Analysis of Impediments to Fair Housing Choice (AI); 2) implementation of action plans to eliminate any identified impediments; and, 3) maintenance of AFFH records, corresponding with implementation of the Consolidated Plan every five years. ITEM J-9) CONSENT AGENDA RESOLUTION Analysis of Impediments to Fair Housing Choice Page 155 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The City contracted with Housing Opportunities Project for Excellence, Inc. (HOPE, Inc.), a private fair housing, non‐profit corporation dedicated to eliminating housing discrimination and promoting fair housing to develop the City’s AI. HOPE, Inc. employs a two‐tiered system of Fair Housing (Education & Outreach and Private Enforcement) and Special Housing programs to achieve its mission to affirmatively further fair housing. HOPE, Inc. is the only private, full‐service fair housing organization in Miami‐Dade and Broward counties. They have completed AI’s for over 15 local jurisdictions. The report identified five impediments to fair housing choice in the City of Miami Gardens including: 1. Violations of federal, state, and local fair housing laws in the jurisdiction and immediate surrounding areas 2. Lack of awareness of fair housing laws, issues and resources 3. Racial disparities in fair and equal lending 4. A strongly segregated housing market 5. Limited funding availability for the creation of affordable housing opportunities The report also included a suggested fair housing plan with five goals as indicated below: 1. Reduce incidences of housing discrimination 2. Educate the community about its rights and responsibilities to fair housing 3. Reduce discriminatory and abusive practices in lending 4. Promote integration and diversity with the City 5. Provide more affordable housing Current Situation Since the completion of the Analysis of Impediments the Department has been working with HOPE, Inc. to identify the best approach for the implementation of fair housing activities in the City. While the violations of fair housing laws were not being carried out by the City, some of the impediments identified could potentially be occurring within the private sector in the City’s boundaries. The City’s existing housing programs include rehabilitation, homeowner assistance, neighborhood stabilization, and homelessness prevention and rapid re‐housing (HPRP). Of these programs, only participants in the homeowner assistance, and HPRP could potentially be affected by fair housing choice as indicated in the AI. As a result, the Department recommends certification of the AI developed by HOPE, Inc. and the implementation of a Fair Housing Education Campaign to confirm the City’s commitment to affirmatively further fair housing. City of Miami Gardens Fair Housing Education Campaign will included the following: • Make fair housing information and housing discrimination brochures available for City residents • Provide fair housing information to all housing program participants • Coordinate with HOPE, Inc., Miami‐Dade County or other appropriate organization to offer a citywide fair housing training workshop to the general public • Include the City’s commitment to affirmatively further fair housing choice in the City’s Housing Policy and Procedures Manual Page 156 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Update the City’s website to include its commitment to affirmatively further fair housing choice along with information regarding fair housing and a link to HUD’s fair housing web page. Proposed Action: Staff recommends that the Council pass the proposed resolution certifying the Analysis of Impediments to Fair Housing Choice and accepting the actions outlined in the resolution. Attachment: Attachment A ‐‐Analysis of Impediments to Fair Housing Choice Page 157 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING ITS COMMITMENT TO AFFIRMATIVELY FURTHERING FAIR HOUSING AND CERTIFYING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (AI) AS DEVELOPED BY HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.) ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fair Housing Act of 1968 requires all recipients of Community Development Block Grant (“CDBG”) funds to conduct an assessment of the barriers to housing choice and to develop a plan for overcoming such impediments, and WHEREAS, an Analysis of Impediments to Fair Housing Choice (“AI”) is required to ensure compliance with federal regulations, and WHEREAS, the City contracted with Housing Opportunities Project for Excellence, Inc. (“HOPE, Inc.”), to develop the City’s AI, and WHEREAS, HOPE, Inc. is a private fair housing, non-profit corporation dedicated to eliminating housing discrimination and promoting fair housing, and WHEREAS, the AI identified five impediments to fair housing choice in Miami Gardens, and WHEREAS, while the violations were not carried out by the City of Miami Gardens, some of the impediments identified could potentially be occurring in the private sector within the City’s boundaries, and WHEREAS, HOPE, Inc. suggested a fair housing plan with five goals, and 1 Page 158 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the Community Development Department recommends certification of the AI developed by HOPE, Inc. and the implementation of a Fair Housing Education Campaign to confirm the City’s commitment to affirmatively further fair housing, 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. CERTIFICATION: The City Council of the City of Miami Gardens hereby confirms its commitment to affirmatively furthering fair housing and hereby certifies the Analysis of Impediments to Fair Housing Choice developed by Housing Opportunities Project for Excellence, Inc. attached hereto as Exhibit “A.” 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 JANUARY 27, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 2 Page 159 of 311 3 1 2 3 4 5 6 7 8 9 10 11 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 12 Mayor Shirley Gibson (Yes) ___(No) 13 Vice Mayor Oliver Gilbert III (Yes) ___(No) 14 Councilman Melvin L. Bratton (Yes) ___(No) 15 Councilman Aaron Campbell (Yes) ___(No) 16 Councilwoman Barbara Watson (Yes) ___(No) 17 Councilwoman Sharon Pritchett (Yes) ___(No) 18 Councilman André Williams (Yes) ___(No) 19 20 21 22 Page 160 of 311 City of Miami Gardens Analysis of Impediments to Fair Housing Choice Submitted by: Housing Opportunities Project for Excellence, Inc. (HOPE, Inc.) September 2008 Page 161 of 311 2 TABLE OF CONTENTS I. INTRODUCTION A. History and Purpose 3 B. Who Conducted the Analysis 4 C. Methodology 4 D. Funding 4 II. EXECUTIVE SUMMARY 5 III. JURISDICTIONAL DEMOGRAPHIC/BACKGROUND DATA A. Population 7 B. Income 9 C. Employment 10 D. Housing 12 E. Government Structure 15 IV. JURISDICTION’S FAIR HOUSING PROFILE A Fair Housing Complaints 16 B. Fair Housing Discrimination Suits Filed 19 C. Reasons for Trends or Patterns 20 V. JURISDICTION’S ENVIRONMENTAL PROFILE A. Fair Housing Enforcement 24 B. Informational Programs 28 C. Lending Policies and Practices 29 D. Employment, Housing, Neighborhood Revitalization, Transportation--Needs and Obstacles 33 E. Public and Assisted Housing 34 F. Homelessness 37 G. Planning and Zoning/Building Codes (Accessibility) 41 VI. CONCLUSIONS AND RECOMMENDATIONS A. Identified Impediments 42 B. Fair Housing Plan 43 VII. SIGNATURE PAGE CDBG Administrator -Chief Elected Official APPENDIX Attachment 1 -Map, City of Miami Gardens Attachment 2 -Map, Racial Demographic by Census Block Group Attachment 3 -City of Miami Gardens Organizational Chart Attachment 4 -Lending Table 1, Charts 1a-c (Race) Attachment 5 -Lending Table 2, Charts 2a-f (Gender) Attachment 6 -Lending Table 3 (Income) Attachment 7 -Lending Table 4 (Income Tract) Attachment 8 -Lending Table 5 (Minority Tract) Page 162 of 311 3 I. INTRODUCTION A. History and Purpose The Federal Fair Housing Act, Section 808(e)(5), requires the Secretary of the U.S. Department of Housing and Urban Development (the Department) to administer the Department’s housing and urban development programs in a manner as to affirmatively further fair housing (AFFH). All localities that are direct recipients of Community Development Block Grant (CDBG) funds from the Department are required to conduct an assessment of the barriers to housing choice and to develop a plan for overcoming the impediments identified. Although the grantee’s AFFH obligation arises in connection with the receipt of Federal funding, its AFFH obligation is not restricted to the design and operation of HUD-funded programs at the State or local level. The AFFH obligation extends to all housing and housing-related activities in the grantee’s jurisdictional area whether publicly or privately funded.1 In September 2004, the U. S. Department of Housing and Urban Development (HUD) reissued a memorandum guidance originally issued on February 14, 2000, regarding the requirement that local jurisdictions receiving funding through the Consolidated Plan process should update, where appropriate, its Analysis of Impediments to Fair Housing Choice (AI). The purpose of the memorandum was to remind the jurisdictions, especially at the beginning of a new Consolidated Plan five-year planning cycle, that it is appropriate to update their AI’s to reflect the current fair housing situation in their communities. Subsequent AI’s are to be completed or updated in accordance with future timeframes for the Consolidated Plan. A summary of the previously conducted AI plus the jurisdiction’s accomplishments for the past program year are requisite components of the performance report required by the Consolidated Plan. The Consolidated Plan regulations (24CFR 91) require a certification by each jurisdiction that it will affirmatively further fair housing (AFFH), which requires Fair Housing Planning. Fair Housing Planning entails: 1) the completion of an Analysis of Impediments to Fair Housing Choice; 2) implementation of action plans to eliminate any identified impediments; and, 3) maintenance of AFFH records, corresponding with implementation of the Consolidated Plan every three to five years. For fair housing that means that the jurisdiction will continue to certify that they will affirmatively further fair housing as a condition of continuing to receive federal funds. Local jurisdictions can meet this obligation by conducting an AI, developing an Action Plan and implementing strategies designed to overcome these barriers based on their history, circumstances, and experiences. In other words, the local jurisdictions should define the problems, develop the solutions and be held accountable for meeting the standards they set for themselves. An analysis of the impediments to fair housing is more than a catalog of illegal acts. It is a study of the barriers to housing choice. This study must identify those systemic or structural issues that limit the ability of people to take advantage of the full range of 1 U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Fair Housing Planning Guide, Chapter 1, Section 1.2, 1-1 Page 163 of 311 4 housing which should be available to them. The City of Miami Gardens has done much to expand the housing choices of its residents through a variety of programs. An attempt has been made herein to identify the immediate barriers, without discussing the causes/reasons for income disparities which are beyond the scope of this study. B. Who Conducted the Analysis Housing Opportunities Project for Excellence, Inc. (HOPE, Inc.) is a private fair housing, non-profit corporation established in 1988, dedicated to eliminating housing discrimination and promoting fair housing. HOPE, Inc. employs a two-tiered system of Fair Housing (Education & Outreach and Private Enforcement) and Special Housing programs (Group/Individual Mobility Counseling and Relocation Services) to achieve its mission to affirmatively further fair housing. The programs are designed to ensure that people are offered the right to select housing of their choice without discrimination based on race, color, national origin, sex, religion, familial status, disability and such other protected classes as may be conferred by federal, state or local laws. HOPE, Inc. has completed Analysis of Impediments to Fair Housing Choice as consultants to over 15 local jurisdictions and has been instrumental in the recovery of nearly $9 million in out-of-court settlements for victims of housing discrimination. HOPE, Inc. is the only private, full-service fair housing organization in Miami-Dade and Broward counties engaged in testing for fair housing law violations and pursuing the enforcement of meritorious claims. C. Methodology This Analysis of the Impediments to Fair Housing Choice is prepared on behalf of the City of Miami Gardens, Florida. The U.S. HUD Fair Housing Planning Guide was utilized in the preparation of the Analysis. The process of identifying impediments and recommending corrective actions included, but was not limited to, the review and extraction of data from the following: the Consolidated Plan, the Comprehensive Development Master Plan; the official City of Miami Gardens website and U.S. Census Bureau data. City of Miami Gardens staff from the Community Development and Planning and Zoning Departments provided written responses to a HUD Fair Housing Planning Guide survey and were instrumental in the provision of pertinent information for completion of the AI. A survey of City of Miami Gardens residents was completed to determine their knowledge and perceptions of fair housing issues affecting the jurisdiction. Impediments to fair housing in the homebuyer market were examined by analyzing relevant NCRC Home Mortgage Disclosure Act (HMDA) data and the Florida Home Minority Lending Report, with special acknowledgments to the National Community Reinvestment Coalition (NCRC). D. Funding The City of Miami Gardens executed a funding agreement with HOPE, Inc. effective October 1, 2007 -September 30, 2008, for the completion of the City’s Analysis of Impediments. Community Development Block Grant (CDBG) funds were utilized to fund this effort. Page 164 of 311 5 II. EXECUTIVE SUMMARY Incorporated on May 13, 2003, the City of Miami Gardens is the 33rd city in Miami-Dade County and is the third largest city in the County. Since the City is a relatively new jurisdiction, historical census date is unavailable. Non-Hispanic Blacks comprise the largest demographic group while Hispanics represent the second largest demographic group. The city’s Hispanic and Non-Hispanic White population continues to be highly concentrated. The City also has significant numbers of persons with disabilities (14.3%) and families with children (24%). Increased education and outreach efforts are indicated to make protected classes of people under fair housing laws aware of their rights and where to seek assistance should they feel their rights have been violated. It is estimated that there were a total of 30,989 housing units in the City of Miami Gardens in 2000, consisting of 23,567 single-family and 7,179 multiple-family units, and 243 mobile home/other units. Of the 30,989 total units reported in the 2000 Census, an estimated 29,262 (94.4%) were occupied, with 5.6% (1,726) classified as vacant. Of the total occupied units, approximately 22,052, or 75%, were owner-occupied, while 7,210, 25%, were renter occupied. Miami Gardens is an urban community that is 93% built out with a forecasted 8% increase in population growth by 2010. The City experienced a tremendous increase in housing prices and rental rates between 2000 and 2006, reducing the availability of affordable housing for the community-at-large and for its low to moderate income residents particularly. Approximately 48% of the total renters in 2000 paid less than 30% of household income for gross housing costs. Approximately 58% of the total owners with a mortgage in 2000, paid less than 30% of household income for gross housing costs. Housing discrimination complaints, fair housing litigation, and other data indicate discriminatory housing practices occurring in and around the jurisdiction. There is a need for on-going housing provider training and support of public and private fair housing enforcement. Analyzed 2006 HMDA data clearly shows a trend with respect to low numbers of Black applicants and low-and moderate-income applicants, as well as higher levels of denials of loans to Black and low-income applicants. The majority of the FHA loans originated (for which income could be determined) were made to middle-and upper-income applicants. Overall, Blacks and Hispanic are underrepresented in loan applications and originations for all loan types. The disparities in lending practices indicate a need for industry training in Fair Housing and Fair Lending laws and consumer education regarding lending processes and avoiding abusive practices. The following Fair Housing Implications identified during the data gather process: 1. The increasing population indicates the need for on-going educational efforts in the jurisdiction. Page 165 of 311 6 2. The significant number of households with children under 18 years and disabled population indicate a need for educating these populations regarding their rights under federal, state, and local fair housing laws; particularly reasonable accommodations, reasonable modifications, and accessible design and construction. 3. The presence of a significant Hispanic population and persons who are foreign born indicate the need for culturally competent, multi-lingual fair housing information and services. 4. The receipt of CDBG funding from HUD suggests the need for the governing body of the jurisdiction to receive training to ensure that the City’s mandated obligation to affirmatively further fair housing extends to all housing and housing-related activities in its jurisdiction, whether publicly or privately funded. 5. The results of the Fair Housing Survey conducted in the City of Miami Gardens support the need for an on-going effort to educate the community regarding their rights under fair housing laws and where to file such complaints. 6. A review of housing discrimination complaints indicates the need for on-going and increased enforcement and educational efforts. 7. Miami Dade County’s Fair Housing Ordinance has not obtained substantial equivalency certification from HUD. Such certification presents numerous advantages such as funding availability, local complaint processing under a substantially equivalent law, and opportunities for partnerships that affirmatively further fair housing. 8. Disparities in lending practices indicate a need for industry training in Fair Housing and Fair Lending laws and consumer education regarding lending processes and avoiding abusive practices. Having completed its examination of all available data, HOPE, Inc. concludes that there are five (5) impediments to fair housing choice evident in the City of Miami Gardens: 1. Violations of federal, state, and local fair housing laws in the jurisdiction and immediate surrounding areas 2. Lack of awareness of fair housing laws, issues issues and resources 3. Racial disparities in fair and equal lending 4. A strongly segregated housing market 5. Limited funding availability for the creation of affordable housing opportunities Recommendations for corrective action have been made in the Fair Housing Plan that is provided herein. Page 166 of 311 7 III. JURISDICTIONAL DEMOGRAPHIC/BACKGROUND DATA The City of Miami Gardens was incorporated on May 13, 2003, as the 33rd city in Miami-Dade County and is the third largest city in the County. The City is located in North-Central Miami-Dade County and covers an area of approximately 20 square miles. Miami Gardens borders Broward County to the north, the City of Miami Lakes and Unincorporated Miami-Dade County to the west, the City of Opa-Locka to the south, and the City of North Miami Beach and Unincorporated Miami-Dade County to the east. The new City of Miami Gardens is comprised of seven communities identified as Census Designated Places (CDP) in the 2000 Census: Andover CDP, portions of Carol City CDP, Scott Lake CDP, portions of Norland CDP, portions of Lake Lucerne CDP, Opa-Locka North CDP, and Bunche Park CDP. The City of Miami Gardens is an urban/suburban community that was heavily developed between 1950 and 1969. It is a solid, working and middle class community of unique diversity and holds the distinction of being the largest predominantly African-American municipality in the State of Florida. (See Attachment 1-Map, City of Miami Gardens) A. Population According to the City’s Consolidated Plan, the city had an estimated population of 105,414 as of 2004. The City is reported to be 77% non-Hispanic Black, 16% Hispanic, 4% White non-Hispanic, and 3% other. The City’s official website estimates its population to have grown to 107,579 as of 2006 and indicates an increase in the Black population from 77% to 79%; a decrease in White-non Hispanic and Other from 7% to 5%; and no change in the 16 % Hispanic population. The city’s Hispanic and Non-Hispanic White populations are highly concentrated in the northeast and northwest areas of the city. (See Attachment 2-Map, racial demographic by census block group.) According to the 2006 American Community Survey2, 14.3% (12,160) of the city’s population of persons 5 years and older claimed some form of disability. Approximately 24% (21,658) of the city’s population is under the age of 18 and there are 7,316 (24%) family households with children. The 2006 American Survey also estimates that approximately 28% (25,143) of the population are foreign born. Based on the US Census of 2000, the Miami-Dade County Planning Department estimated the population of Miami Gardens at 100,809 residents in 2000. City projections indicate that the City’s population will increase to 112,389 residents by 2016. Of the total growth during the period 2000–2016, approximately 52% are projected to be of prime working age, while prime school-age children are projected to account for approximately 28%. Growth in the retirement age group is projected to constitute a fairly 2 The 2006 American Community Survey estimates a total population of 90,741. This number is used in determining percentages of various populations for the purposes of this analysis. Page 167 of 311 8 small share (approximately 13.5% of the total). POPULATION ESTIMATES & PROJECTIONS -PER U.S.CENSUS DATA 2000-2030 (as listed on the official City of Miami Gardens website) 2000 100,809 2004 105,414 4.57% 2006 107,567 1.14% 2010 112,762 5.71% 5.71% 2015 119,260 5.71% 5.71% 2020 126,132 5.71% 5.71% 2025 133,400 5.71% 5.71% 2030 141,087 5.71% 5.71% Fair Housing Implications: The increasing population indicates the need for on-going educational efforts in the jurisdiction. The significant number of households with children under 18 years and disabled population indicate a need for educating these populations regarding their rights under federal, state, and local fair housing laws; particularly reasonable accommodations, reasonable modifications, and accessible design and construction. The presence of a significant Hispanic population and persons who are foreign born indicate the need for culturally competent, multi-lingual fair housing information and services. Page 168 of 311 9 B. Income Approximately 11,151 households in the City of Miami Gardens earn 80% of the area median income or less, and are therefore classified as low income by HUD. This represents about 38% of the citywide population for whom household income could be determined. 3 According to U.S. Census information, in 2000 the city's median household income was $33,872, while Miami-Dade County registered at $41,237, and the United States came in at $41,994. Median household income was lower than the median family income ($44,798) because a greater share of non-family households has only a single wage earner, while families often have two. Income: Source US Census INCOME AND BENEFITS (IN 2006 INFLATION-ADJUSTED DOLLARS) Total households 30,817 +/-2,262 Less than $10,000 3,826 +/-1,154 $10,000 to $14,999 1,519 +/-742 $15,000 to $24,999 5,630 +/-1,383 $25,000 to $34,999 4,970 +/-1,133 $35,000 to $49,999 4,068 +/-990 $50,000 to $74,999 6,331 +/-1,301 $75,000 to $99,999 2,620 +/-912 $100,000 to $149,999 1,266 +/-479 $150,000 to $199,999 384 +/-245 $200,000 or more 203 +/-334 Median household income (dollars) 33,872 +/-3,993 Mean household income (dollars) 43,554 +/-3,790 With earnings 24,565 +/-1,936 Mean earnings (dollars) 45,148 +/-4,270 With Social Security 10,013 +/-1,477 Mean Social Security income (dollars) 11,190 +/-925 With retirement income 3,515 +/-944 Mean retirement income (dollars) 18,617 +/-4,751 With Supplemental Security Income 1,695 +/-667 Mean Supplemental Security Income (dollars) 5,456 +/-983 With cash public assistance income 978 +/-521 Mean cash public assistance income (dollars) 1,922 +/-875 With Food Stamp benefits in the past 12 months 6,715 +/-1,108 3 City of Miami Gardens Consolidated Plan Page 169 of 311 10 Families 20,848 +/-1,912 Less than $10,000 1,566 +/-748 $10,000 to $14,999 750 +/-520 $15,000 to $24,999 3,220 +/-1,132 $25,000 to $34,999 3,015 +/-925 $35,000 to $49,999 3,097 +/-865 $50,000 to $74,999 5,221 +/-1,100 $75,000 to $99,999 2,619 +/-965 $100,000 to $149,999 1,106 +/-456 $150,000 to $199,999 254 +/-193 $200,000 or more 0 +/-300 Median family income (dollars) 44,798 +/-5,600 Mean family income (dollars) 49,566 +/-4,245 Per capita income (dollars) 15,667 +/-1,473 Non-Family households 9,969 +/-1,869 Median non-family income (dollars) 21,977 +/-2,648 Mean non-family income (dollars) 25,845 +/-3,686 Median earnings for workers (dollars) 22,820 +/-1,989 Median earnings for male full-time, year-round workers (dollars) 28,860 +/-3,471 Median earnings for female full-time, year-round workers (dollars) 28,367 +/-3,317 C. Employment According to the City’s 2000 Demographic Profile, 62.2% of the population 16 years and over were participants in the labor force, of which 45% were male and 55% were female. Miami Garden’s employment rate was comparable to the County’s (62%), higher than the State’s (58.6%), but slightly lower than the nation (63.9%). Educational services, healthcare, and the social assistance industry were the categories most represented. Employment EMPLOYMENT STATUS Population 16 years and over 71,657 +/-5,824 In labor force 44,618 +/-4,428 Civilian labor force 44,575 +/-4,416 Employed 38,901 +/-3,857 Unemployed 5,674 +/-1,680 Armed Forces 43 +/-72 Not in labor force 27,039 +/-3,488 Civilian labor force 44,575 +/-4,416 Unemployed 12.7% +/-3.3 Females 16 years and over 39,947 +/-3,857 Page 170 of 311 11 In labor force 24,628 +/-2,998 Civilian labor force 24,628 +/-2,998 Employed 21,784 +/-2,563 Own children under 6 years 6,039 +/-1,453 All parents in family in labor force 4,505 +/-1,428 Own children 6 to 17 years 13,209 +/-2,800 All parents in family in labor force 10,574 +/-2,613 COMMUTING TO WORK Workers 16 years and over 38,196 +/-3,803 Car, truck, or van --drove alone 31,593 +/-3,707 Car, truck, or van --carpooled 2,545 +/-782 Public transportation (excluding taxicab) 2,789 +/-959 Walked 327 +/-251 Other means 549 +/-407 Worked at home 393 +/-344 Mean travel time to work (minutes) 29.9 +/-2.0 Civilian employed population 16 years and over 38,901 +/-3,857 OCCUPATION Management, professional, and related occupations 9,899 +/-1,733 Service occupations 10,497 +/-1,971 Sales and office occupations 10,044 +/-2,010 Farming, fishing, and forestry occupations 0 +/-300 Construction, extraction, maintenance and repair occupations 3,449 +/-958 Production, transportation, and material moving occupations 5,012 +/-+/-1,212 INDUSTRY Agriculture, forestry, fishing and hunting, and mining 0 +/-300 Construction 3,241 +/-1,325 Manufacturing 1,536 +/-604 Wholesale trade 1,367 +/-613 Retail trade 3,282 +/-1,088 Transportation and warehousing, and utilities 3,967 +/-1,126 Information 744 +/-388 Finance and insurance, and real estate and rental and leasing 2,004 +/-923 Professional, scientific, and management, and administrative and waste management services 3,905 +/-1,126 Educational services, and health care, and social assistance 11,609 +/-1,993 Arts, entertainment, and recreation, and accommodation, and food services 2,653 +/-921 Other services, except public administration 2,182 +/-788 Public administration 2,411 +/-813 CLASS OF WORKER Private wage and salary workers 27,166 +/-3,477 Government workers 8,638 +/-1,650 Self-employed workers in own not incorporated business 3,097 +/-1,127 Unpaid family workers 0 +/-300 D. Housing (City of Miami Gardens Consolidated Plan 2006-2011 and Comprehensive Page 171 of 311 12 Development Master Plan-Housing Element) It is estimated that there were a total of 30,989 housing units in the City of Miami Gardens in 2000, consisting of 23,567 single-family and 7,179 multiple-family units, and 243 mobile home/other units. Single-family attached and detached homes constituted approximately 76% of the total. The City’s housing breakdown by type is typical of most cities with 76% consisting of single-family units and 24% multiple-family units including mobile homes and “other” units. Of the 30,989 total units reported in the 2000 Census, an estimated 29,262 (94.4%) were occupied, with 5.6% (1,726) classified as vacant. Of the total occupied units, approximately 22,052, or 75%, were owner-occupied, while 7,210, 25%, were renter occupied. Historical building permit data is not available to determine the current number of housing units, given the City’s incorporation in 2003; however, it is estimated that there were 32,789 dwelling units in the City as of 2005. By age of structure, approximately 52% of the housing stock was built between 1950 and 1969, while approximately 88% was constructed between 1950 and 1989. In 2000 the median monthly rent for renter-occupied units in the City was approximately $670, compared to $647 per month for Miami-Dade County, with 59% of all City rents falling within the $500 to $899 per month range. In 2006 the average City rental rates rose to the $900 to $1200 range, representing an 80% increase over the previous five years. Similarly, the value of owner-occupied Miami Gardens units skyrocketed by 120% from 2000 to 2005. The estimated median home value was $88,500 in 2000, compared to $124,000 for Miami-Dade, with approximately 79% of owner-occupied units valued at less than $100,000 in the City. In 2005, the median home price for a single family home in Miami Gardens rose to $195,000. State of the Cities Data System (SOCDS) figures prepared by the U.S. Department of Housing and Urban Development (HUD) were used to estimate the 2000 distribution of households households in Miami Gardens, by tenure (i.e. renters and owners), among very low, low and moderate+ income groups, according to the following distribution: Renters: Very Low Income 9.1% Low Income 5.4% Moderate+ Income 10.1% Owners: Very Low Income 12.3% Low Income 11.8% Moderate+ Income 51.3% Total 100.0% Approximately 48% of the total renters in 2000 paid less than 30% of household income for gross housing costs. Further approximately 58% of the total owners with a mortgage in 2000, paid less than 30% of household income for gross housing costs. Based upon the Department of Community Affairs standard, these figures indicate that a majority of the housing within the City was affordable to its residents. Page 172 of 311 13 Rental Housing Cost Burden As anticipated, residents within the very low-income category are severely impacted by the cost of rental housing in the City of Miami Gardens. In the very low-income category, 71% of large related familiy renters are facing severe cost burden (housing costs that exceed 50% of household income), followed by 66% of “other houseolds”, 65% of small related families , and 57% of elderly renters. In the low income category, the severity of the cost burden decreases slightly, with a smaller percentage of the population facing severe housing cost burden. In this income category, however, 84% of both the large and small related families are facing rental housing cost burden (housing costs that exceed 30% of household income), followed by 70% of “other households”, and 57% of elderly renters. Similarly, the cost burden continues to decrease within the moderate-income category with 64% of “other households” facing rental housing cost burdens, followed by 62% of large and small related families, and 42% of elderly renters. Owner Occupied Housing Cost Burden In the homeowner population, the cost burden is less severe than with renters. However, across all income catergories, a high percentage of home owners are experiencing cost burden that exceed 30%. In the very low-income category, the large related family is the most severely impacted with 75% experiencing cost burden, followed by 74% of the elderly, 71% of small related families, and 51% of “other households”. In the low-income category, the “other households” population and the large related family are the most severely impacted with 87% experiencing cost burden exceeding 30%, followed by 86% of the small related families, and 71% of the elderly. In the moderate-income category, the “other households” category is the most severly impacted with 82% experiencing cost burden, follwed by 70% of the small related families, 59% of the large related families, and 48% of the elderly. Housing Problems An average of 77% of both renters and homeowners in the very low, low, and moderateincome categories are experiencing housing problems. These problems range from overcrowded conditions to deteriorated structures. The City of Miami Gardens conducted research regarding the overall status of housing in the City as a part of the City’s Comprehensive Development Master Plan. During this process, several factors were examined in order to define a housing unit as standard or sub-standard. There are several measures which can be used to evaluate housing stock and living conditions within the City, including age of structure, overcrowding, lack of certain necessary facilities, structural integrity, and Florida Building Code requirements. Specific indicators of substandard housing or living conditions for each of the above measures are as follows: Page 173 of 311 14 • Age of Structure: A housing unit constructed prior to 1950, which is valued at less than $25,000. According to analysis conducted by the Iler Planning Group, there are 1,384 units (4.5% of the housing stock) within the City that were constructed prior to 1950. The analysis also uncovered 1,036 specified owner-occupied units (5.3% of the total) in Miami Gardens valued at less than $50,000 in 2000. • Lacking Facilities: A housing unit lacking complete plumbing facilities, heating and cooking facilities, and/or complete kitchen facilities. The 2000 Census reported that high percentages of the year-round housing stock had complete plumbing facilities (99.3%) and complete kitchen facilities (99.3%). Due to the high level of availability, it is concluded that “lack of facilities” does not, in itself, raise any issues regarding overall substandard living and housing conditions within the City. • Over-Crowding: 1.01 persons per room or more within a dwelling unit. According to the 2000 Census, there were an estimated 5,345 households, or 18.3% of the total, reporting occupancy of more than 1.0 person per room in the City. • External Housing Conditions: A housing unit categorized as either of the following by the City of Miami Gardens. • Deteriorated: Meaning in need of some relatively minor exterior repair, which is indicative of a lack of maintenance. Examples include: housing that requires painting, fascias and soffits showing signs of deterioration, cracked and broken windows, and even severely overgrown yards, which is generally accompanied by a lack of structural maintenance. • Dilapidated: Meaning in need of substantial rehabilitation. The unit may be considered to be unfit for human habitation or rapidly approaching that condition. This category of substandard housing needs to be addressed immediately, through either rehabilitation or demolition, as the health and safety of the inhabitants may be endangered. City staff has not completed a general survey oriented to evaluating external housing conditions since incorporation in 2003. • Code Violations: The City has adopted the Florida Building Code (Miami-Dade & Broward Edition) that incorporates the following definition for an unsafe structure: 1. A building deemed a fire hazard, as a result of debris or other combustible material, creates a hazard, vacant and unguarded; or 2. A building deemed structurally unsafe by design or deterioration, partially destroyed, unsafe or lack of adequate plumbing, inadequate or unsafe electrical, inadequate waste disposal system or lack of a building permit. Page 174 of 311 15 The analysis conducted by the City concluded that, while “age of structure” and “value,” in combination, do not raise any immediate issues regarding overall substandard living and housing conditions, vigilant code enforcement and conservation efforts will need to be undertaken as a means to preserve the City’s affordable housing stock. Age and value of the housing stock may become a concern in the near future if the City does not dedicate resources to conservation and preservation measures. Gven significant increases in home values and rental rates since the 2000 Census, increases in housing production costs, the current mortgage and credit crisis and the continued reduction of federal funding to local jurisdictions, the City’s ability to produce affordable housing opportunities for its residents will be adversely impacted. Fair Housing Implications: Limited availability of affordable housing allows landlords and owners to be more selective when renting and selling, opening the door to discriminatory housing practices. Publicly funded or subsidized housing opportunities must be affirmatively marketed to ensure availability to residents of all communities. E. Government Structure The City has a “Mayor-Council-Manager” form of government. The City Council is vested with all legislative powers of the City. The Council consists of the Mayor and six (6) Council members. The Mayor is a voting member of the Council and presides over the meetings of the Council. The City Manager is the chief administrative officer of the City and is responsible to the Council for the administration of all City affairs and is responsible for carrying out the policies adopted by the Council4 (See Attachment 3-City of Miami Gardens Organizational Chart) The Consolidated Plan regulations (24 CFR 91) require that the City of Miami Gardens complete the Fair Housing Planning, which includes the completion of an Analysis of Impediments to Fair Housing Choice. The City of Miami Gardens City Council acts as the final authority for the appropriation of funds for Annual Action Plan activities under the Consolidated Plan grant programs, following the recommendations of the City Manager. The City of Miami Gardens Community Development Department is the lead administrative agency for the Consolidated Plan programs. The Department provides fiscal and regulatory oversight of all CDBG funding, as well as other federal and state grants for housing, economic, and community development. 4 City of Miami Gardens, City Charter Page 175 of 311 16 Fair Housing Implication: The receipt of CDBG funding from HUD suggests the need for the governing body of the jurisdiction to receive training to ensure that the City’s mandated obligation to affirmatively further fair housing extends to all housing and housing-related activities in its jurisdiction, whether publicly or privately funded. IV. JURISDICTION’S FAIR HOUSING PROFILE A. Fair Housing Complaints The National Fair Housing Alliance’s 2008 Fair Housing Trends Report announced that 27,023 fair housing complaints were filed nationwide in 2007.5 According to the report, this number represents less than one percent of the estimated incidence of illegal housing discrimination that occurs each year in the United States. Further, the report estimates that private fair housing organizations process approximately 60% more complaints than public entities. The report indicates that for the past few years, disability as a basis for discrimination has dominated the complaint load nationally. In Miami-Dade County and in the City of Miami Gardens, has been and continues to be the most common basis of discrimination complained of. From March 10, 2005, through June 30, 2008, HOPE, Inc. received a total of 48 complaints from the following zip codes: 33054, 33055, 33056 and 33169. The majority of the complaints (27 or 56%) were from rental transactions. A total of 15 (31%) were from lending transactions. The balance of the complaints stemmed from sales (5 or 10%) and insurance (1 or 2%) transactions. Race was the most common basis of discrimination complained of (28 or 58%). Disability was the second most common basis of discrimination complained of (10 or 21%), follow by familial status (5 or 13%), national origin (3 or 8%). 5 http://www.nationalfairhousing.org/FairHousingResources/tabid/2555/Default.aspx Page 176 of 311 Disability Familial Status National Race/Color Familial Status Other State & Local Lending Rental Case by Basis Race/Color Disability Familial Status National Origin Religion Sex Other, State & Local Total Race/Color Origin Other State & Local Disability National Origin Rental Sales Insurance Sales Lending Insurance Case by Issue 28 Rental 27 10 Sales 5 5 Advertising 3 Lending 15 Insurance 1 Zoning: Disability 1 Zoning: Other 48 48 17 Page 177 of 311 18 B. Fair Housing Discrimination Suits Filed Hicks, et al. v. Rebuilding Our Community, et al.6 Three African-American families, who were first-time home buyers, signed contracts to purchase and had their homes sold to white, Hispanic buyers. The developer was sued for housing discrimination on the basis of race and breach of contract. The homes, subject to the lawsuit, are located in areas neighboring Florida Memorial College which is located in the City of Miami Gardens. It is uncertain as to whether or not the homes are actually located inside of the City’s boundaries. The case settled in mediation. The amount and terms of settlement are confidential. Milsap, et al. v. Cornerstone Residential Management7 The developer and property management company of affordable housing units located in Miami-Dade and Broward Counties is subject to a class action lawsuit alleging discrimination on the basis of familial status and race. Four properties subject to this lawsuit are located in the City of Miami Gardens: Crossings @University, 18740 N.W. 27 Ave, 33055 Eagle's Landing, 18800 N.W 27 Ave, 33055 Hidden Cove, 1030 N.W. 155 Lane, 33169 Golden Lakes, 1200 N.W. 155 Lane, 33169 The plaintiffs allege that the occupancy restrictions established and enforced by Cornerstone have a discriminatory impact on families with children and Blacks. US HUD has established a general rule of two persons per bedroom as a reasonable occupancy standard for purposes of the Fair Housing Act.8 The plaintiffs allege that the occupancy standards enforced at properties owned and operated by Cornerstone are more restrictive than that established by HUD, thus having a discriminatory impact on families with children. Further alleged is that properties located in areas with larger minority populations have even more restrictive occupancy limitations than areas with smaller minority populations, resulting in racial disparities. 6 Filed in 2005 by the Florida Justice Institute in the United States District Court, Southern District of Florida, Civil Division, Case No. 05-20083-CIV 7 Filed in 2005 by The Law Office of Matthew Dietz in the United States District Court, Southern District of Florida, Civil Division, Case No. 05-60038 CIV 8 Department of Housing and Urban Development, Fair Housing Enforcement-Occupancy Standards, Notice of Statement of Policy, Docket No. FR-4405-N-01; Federal Register/Vol. 63, No. 245/Tuesday, December 22, 1998/Notices Page 178 of 311 19 The case is pending. Guzman, et al v. Raquetclub, LLC., et al.9 A visually impaired woman and companion allege that a property with a “no pet” policy refused to allow her to apply to rent an apartment because of her guide dog. Twin Lakes Racquet Club Apartments is located at 777 NW 155 Lane, 33169, just outside of the City of Miami Garden’s boundaries. The case is pending. C. Reasons for Trends or Patterns A major awareness study, “How much do we know? “ released by U.S.HUD in April 2002, Public Awareness of the Nation’s Fair Housing Laws10, provides evidence of an underreporting of housing discrimination in the country. The study provides the results of the first national survey and analysis of public awareness of fair housing laws. Although the survey did not quantitatively assess the extent of housing discrimination, respondents were asked did they feel that they had ever been discriminated against when trying to buy or rent a house or apartment. According to the study, fourteen percent (14%) of the respondents, more than 28 million people, believed that they had experienced some form of housing discrimination. Of that fourteen percent, less than one-fifth of the people took action, and most simply complained to the individual who they believed discriminated against them. The survey results imply “a much greater incidence of perceived housing discrimination among the general public than a tally of complaints by government agencies, fair housing groups, or the legal system indicate.” The study emphasized a widespread lack of public awareness of the nation’s fair housing laws. On-going education and outreach efforts are essential to promote awareness of rights conferred under fair housing laws and to ensure compliance with fair housing laws. In an effort to gauge the current local level of housing discrimination, a Fair Housing Survey was conducted throughout the City of Miami Gardens. In August and September 2008, HOPE, Inc. conducted a survey that posed a series of questions to local residents regarding housing discrimination, tenant/homeowner rights, and local fair housing resources. Steps were taken to ensure a random and widespread response from residents within Miami Gardens. Surveys were conducted at local community events, through direct community outreach to local businesses and residential areas, as well as, through phone and fax contacts with local religious organizations. 100 surveys were collected through all of these efforts. 9 Filed in 2005 by The Law Office of Matthew Dietz in the United States District Court, Southern District of Florida, Civil Division, Case No. 06-24037-CA-08 10 U.S. Department of Housing and Urban Development, Office of Policy Development and Research, available on www.huduser.org Page 179 of 311 20 Extent of perceived discrimination and trends in awareness: In Miami Gardens, thirty-four percent of residents surveyed claimed to have experienced or know someone who has experienced some type of housing discrimination. Yet, only one percent of those believing to have experienced housing discrimination had taken any action in response. These are important issues because the Fair Housing Act relies on homebuyers or renters knowing enough to recognize housing discrimination when it occurs and, if experienced, to initiate a response-like filing a formal complaint for investigation, conciliation, or adjudication with local and national organizations, such as HOPE, Inc. Education is essential to this process. Fifty-three percent of Miami Garden residents admitted to an unfamiliarity with fair housing laws and the individual rights of renters and homeowners. Also, sixty-one percent of those surveyed were unaware of the resources available for filing discrimination complaints. Education and outreach are the main sources for dispersing such information throughout local communities. Grassroots organizations traditionally play the role of local informer and trusted resource. In fact, over sixty percent of the 27,023 housing discrimination complaints filed in 2007 were taken by private organizations. Although national complaint numbers appear extreme, the National Fair Housing Alliance asserts that, “the number of complaints filed, however, still represents less than one percent of the annual incidence of discrimination.” One cause for the low numbers of reported complaints is the insidious nature of housing discrimination. Since the Fair Housing Act made housing discrimination illegal, massive resistance to integration evolved from blatant to covert practices. Therefore, identifying housing discrimination requires an understanding of specific terms and practices that otherwise appear legal. HOPE, Inc. specializes in the diversification of outreach and education efforts in order to inform larger numbers of local residents about current trends in housing discrimination. HOPE, Inc. targets residents by participating in community events, housing workshops, educational programs, specific residential and business outreach, and other such activities. The 2005 National Fair Housing Trends Report noted that rental grievances represent the largest category of complaints for housing discrimination. HOPE, Inc. discrimination complaints show that a major element in rental housing discrimination is a lack of provider education and awareness regarding their responsibility to comply with federal, Survey Impediments unfamiliar with fair housing laws 53% unfamiliar with fair housing resources 61% unfamiliar with problems facing minorities in housing 58% Page 180 of 311 21 state, and local fair housing laws. Therefore, HOPE, Inc. targets housing providers and entitlement jurisdiction employees for training and certification in fair housing laws and practices. Trends in home buying practices: Mortgages Sixty-two percent of Miami-Garden residents surveyed admitted to being unaware of the problems facing blacks and Hispanics in securing a mortgage. This is a major concern, since predatory lenders historically target minorities and their communities. The Center for Community Change reported that African Americans are three times as likely as whites to finance their homes with sub-prime loans; this is true even between upperincome blacks and whites. In fact, over twenty percent of the sub-prime loans given went to people who met the Fannie Mae requirements for a regular loan. Twenty-two percent of Miami Garden residents reported that they or someone they knew were offered an overly expensive home loan. Steering Nineteen percent of Miami Garden residents experienced steering when purchasing a home. The National Fair Housing Alliance in cooperation with HUD conducted a two and half year national investigation that revealed a steering rate of 87% for minorities when viewing homes for purchase. Therefore, it is likely that some residents surveyed were unaware of the actual practice of steering. Again, preventative measures must include education. Residential Segregation In Miami Gardens, thirty-one percent of surveyors believed that their neighborhoods were segregated by race and ethnic groups. The U.N. Committee on the Elimination of Race Discrimination issued a report in January 2008 that noted: [P]ersistence and prevalence of housing segregation throughout the United States…The average white person in metropolitan America lives in a neighborhood that is 80% white and only 7% black. In stark contrast, ‘a typical black individual lives in a neighborhood that is only 33% white and as much as 51% black,’ making African Americans the most residentially segregated group in the United States. Generally, it appears that Miami Gardens would benefit from fair housing education and outreach efforts. Basic Survey Results: Page 181 of 311 22 1. Are you Familiar with the fair housing laws and your rights as a renter/homeowner? 47% answered “yes”; 53% answered “No” or “I don’t know” 2. Have you are anyone you know ever experienced housing discrimination? 34% answered “yes”, 66% answered “No” 3. Do you know what agencies to contact for information on your fair housing rights or assistance in reporting housing discrimination? 39% answered “yes”, 61% answered “No” or “I don’t know” 4. I have filed a discrimination complaint with an agency or in court: 99% answered “No”, 1% answered “Yes” 5. Are neighborhoods segregated by race and ethnic groups within the City of Miami Gardens? 69% answered “No”; 31% answered “Yes” 6. Have you experienced discrimination in getting a mortgage or property insurance? 91% answered “No”; 9% answered “Yes” 7. Have you or anyone you know been denied the opportunity or steered away from buying or renting in a particular neighborhood? 19% answered “Yes”; 81% answered “No” 8. Have you or anyone you know been offered a more more expensive home loan than you feel you qualified for? 22% answered “Yes”; 78% answered “No” 9. Are you aware of problems faced by Blacks or Hispanics in securing a mortgage loan? 38% answered “Yes”; 62% answered “No” 10. What would you say is the best thing about living in your neighborhood? 36% answered “Good Mix of People”; 22% answered “Convenience”; 18% answered “Near work”; 8% answered “Scenery”; 8% answered “Family 11. What would you say is the worst thing about the neighborhood or place that you live? 25% answered “Pollution”; 38% answered “Nothing”; 3% answered “Neighbors”; 4% answered “Scenery”; 4% answered “Crime”; 4% answered “Too many children”; 5% answered “Not convenient” Fair Housing Implications: The results of the Fair Housing Survey conducted in the City of Miami Gardens support the need for an on-going effort to educate the community regarding their rights under fair housing laws and where to file such complaints. A review of housing discrimination complaints indicates the need for on-on-going and increased enforcement and educational efforts. Page 182 of 311 23 V. JURISDICTION’S ENVIRONMENTAL PROFILE A. Fair Housing Enforcement Federal The Federal Fair Housing Act11 prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability. The U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, is charged with enforcing the Federal Fair Housing Act. The Act contains administrative enforcement mechanisms, with HUD attorneys bringing actions before administrative law judges on behalf of victims of housing discrimination, and gives the Justice Department jurisdiction to bring suit on behalf of victims in Federal district courts. In connection with prohibitions on discrimination against individuals with disabilities, the Act contains design and construction accessibility provisions for certain new multifamily dwellings developed for first occupancy on or after March 13, 1991. HUD has had a lead role in administering the Fair Housing Act since its adoption in 1968. The 1988 amendments, however, have greatly increased the Department's enforcement role. First, the newly protected classes have proven significant sources of new complaints. Second, HUD's expanded enforcement role took the Department beyond investigation and conciliation into the mandatory enforcement area. Complaints filed with HUD are investigated by the Office of Fair Housing and Equal Opportunity (FHEO). If the complaint is not successfully conciliated, then FHEO determines whether reasonable cause exists to believe that a discriminatory housing practice has occurred. Where reasonable cause is found, the parties to the complaint are notified by HUD's issuance of a Determination, as well as a Charge of Discrimination, and a hearing is scheduled before a HUD administrative law judge. Either party --complainant or respondent --may cause the HUD-scheduled administrative proceeding to be terminated by electing instead to have the matter litigated in Federal court. Whenever a party has so elected, the Department of Justice takes over HUD's role as counsel seeking resolution of the charge on behalf of aggrieved persons, and the matter proceeds as a civil action. Either form of action --the ALJ proceeding or the civil action in Federal district court --is subject to review in the U. S. Court of Appeals. 12 State The Florida Fair Housing Act13 was passed by the Florida Legislature in 1983, and amended in 1989. The Florida Fair Housing Act parallels the Federal Fair Housing Act. 11 Title VIII of the Civil Rights Act of 1968, 42USC3601 12 www.hud.gov/fairhousing 13 State of Florida, Civil Rights Statutes, Title XLIX, Chapter760.2 Page 183 of 311 24 The Florida Commission on Human Relations (FCHR) is a Fair Housing Assistance Program (FHAP) agency and enforces Florida’s state fair housing law. Substantial equivalency certification takes place when a State or local agency applies for certification and the U.S. Department of Housing and Urban Development (HUD) determines that the agency enforces a law that provides substantive rights, procedures, remedies and judicial review provisions that are substantially equivalent to the federal Fair Housing Act. HUD has a two-phase procedure for the determination of substantial equivalency certification. In the first phase, the Assistant Secretary for Fair Housing and Equal Opportunity determines whether, "on its face," the State or local law provides rights, procedures, remedies and judicial review provisions that are substantially equivalent to the federal Fair Housing Act. An affirmative conclusion that the State or local law is substantially equivalent on its face will result in HUD offering the agency interim certification. Interim certification is for a term of three years. An agency must obtain interim certification prior to obtaining certification. In the second phase, the Assistant Secretary for Fair Housing and Equal Opportunity determines whether, "in operation," the State or local law provides rights, procedures, remedies and the availability of judicial review that are substantially equivalent to the federal Fair Housing Act. An affirmative conclusion that the State or local law is substantially equivalent both on its face and in operation will result in HUD offering the agency certification. Certification is for a term of five years. During the five years of certification, the agency's ability to maintain certification will be assessed. After the five years of certification, if the Assistant Secretary determines that the agency still qualifies for certification, HUD will renew the agency's certification for another five years. Substantially equivalent agencies are eligible to participate in the Fair Housing Assistance Program (FHAP). FHAP permits HUD to use the services of substantially equivalent State and local agencies in the enforcement of fair housing laws, and to reimburse these agencies for services that assist in carrying out the spirit and letter of the federal Fair Housing Act. While certification results in a shift in fair housing enforcement power from the federal government to the State or locality, the substantive and procedural strength of the federal Fair Housing Act is not compromised. Prior to certification, an agency must demonstrate to HUD that it enforces a law that is substantially equivalent to the federal Fair Housing Act. When HUD receives a complaint and the complaint alleges violations of a State or local fair housing law administered by an interim certified or certified agency, HUD will generally refer the complaint to the agency for investigation, conciliation and enforcement activities. Fair housing professionals being based in the locality where the alleged discrimination occurred benefits all parties to a housing discrimination complaint. These individuals often have a greater familiarity with local housing stock and are in closer proximity to the site of the alleged discrimination, offering greater efficiency in case processing. Page 184 of 311 25 Local Miami-Dade County's civil and human rights ordinance14 is codified as Chapter 11A of the Miami-Dade County Code, as amended. The ordinance prohibits discrimination against any person in Miami-Dade County in the area of employment, public accommodations, credit and financing practices, and housing accommodations on the basis of race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital status, familial status or sexual orientation. The Miami-Dade County Equal Opportunity Board (MDCEOB) is a quasi-judicial as well as an advisory board charged with the enforcement of Miami-Dade County's civil and human rights ordinance. After the filing of a formal complaint of discrimination, the MDCEOB conducts an investigation into the allegations raised in the charge. The investigation may entail the taking of testimony from the parties and witnesses, the inspection of documents, site visitations to the respondent’s facilities and fact finding conferences. During this process, early early resolution is encouraged through settlement agreements. If the charge is not settled, the MDCEOB issues a recommended determination of probable cause or no probable cause. Any of the parties to an investigation may appeal the staff’s determination to the members of the MDCEOB at a public hearing. The board members, who may meet in hearing panels of three or more, may uphold, modify or overturn the staff’s determination. After a finding of discrimination, the chairperson, with the approval of a quorum of the members, issues and adjudicative final order including, but not limited to; 1) hiring, reinstatement or promotion, with accrued seniority and benefits, and with back pay; 2) taking affirmative action and making corrections; 3) requiring reasonable accommodations; 4) awarding costs and attorney’s fees to a prevailing party; and 5) awarding and other quantifiable relief to a prevailing complainant for injuries incurred as a result of an act prohibited by Chapter 11A. Unlike the state fair housing law, the Miami-Dade County ordinance currently does not have substantial equivalency certification from U.S. HUD. The ordinance was designated as substantially equivalent in 1983, but has since lost the certification. Substantial equivalency certification results in housing discrimination cases having the benefit of State or local complaint processing. At the same time, the process assures that the substantive and procedural strength of the federal Fair Housing Act will not be compromised. Private Housing Opportunities Project for Excellence (HOPE), Inc. is a private, non-profit fair housing organization whose mission is to fight housing discrimination in Miami-Dade and Broward Counties and to ensure equal housing opportunities throughout the state of Florida. HOPE was created by the Dade County Fair Housing and Employment Appeals Board (now the Miami-Dade County Equal Opportunity Board -MDCEOB) utilizing funding from HUD’s Fair Housing Assistance Program, Type II grant. The organization has been engaged in testing for fair housing law violations, pursuing 14 Miami Dade County Ordinance No.90-32, Chapter 11A, Article II Page 185 of 311 26 enforcement of meritorious claims and carrying out fair housing education and outreach and counseling programs designed to prevent and eliminate discriminatory housing practices in Miami-Dade and Broward Counties for twenty (20) years. Incorporated in 1988, HOPE, Inc. has been an effective catalyst in fair housing education and outreach and the investigation and preparation of housing discrimination complaints for resolution or litigation. HOPE’s Private Enforcement Initiatives are primarily funded by grants from US HUD’s Fair Housing Initiative Program (FHIP). The main components of the initiative include: intake for complaint processing or referral, testing and additional investigation, where appropriate, and supervised referral of enforcement proposals (complaints that have been reviewed for jurisdiction by applicable fair housing laws, supported with credible and legitimate evidence) for enforcement action. HOPE, Inc. is the only entity in Miami-Dade and Broward counties engaged in “testing”. Testing Testing is a controlled method for measuring and documenting whether differences in the quality, content, and quantity of information and services are given to various home seekers by housing providers. Testing is an effective and accurate tool in identifying policy or procedural oversight or infraction that may require corrective action. For litigation or settlement of housing discrimination cases, HOPE, Inc. enlists private law firms and attorneys to contribute their services, on a pro bono basis. While governmental entities/agencies represent the public interest, private fair housing groups are able to advocate for the individual interests of victims of housing discrimination. There is no cost for legal representation or for any other service provided by HOPE to persons complaining of housing discrimination. Agencies with substantial equivalency certification are eligible for funding that can be used to partner with private fair housing organizations. Such funding was once utilized by Miami-Dade County to create HOPE, Inc., a private fair housing organization that has implemented a wide range of crucial services for diverse constituencies and has been instrumental in the recovery of nearly $9 million in settlements for victims of housing discrimination. By drawing on the strengths of private and public fair housing organizations, such partnerships can result in effective efforts to combat housing discrimination. Fair Housing Implication: Miami Dade County’s Fair Housing Ordinance has not obtained substantial equivalency certification from HUD. Such certification presents numerous advantages such as funding availability, local complaint processing under a substantially equivalent law, and opportunities for partnerships that affirmatively further fair housing. Page 186 of 311 27 B. Informational Programs HOPE, Inc. implements the only active, on-going Fair Housing Education & Outreach Initiative in Miami-Dade and Broward Counties. The Miami-Dade County Initiative is funded, in significant part by five, of the six, Entitlement Jurisdiction’s located in Miami-Dade, County (Miami-Dade County, the Cities of Miami, Miami Beach, North Miami and Miami Gardens) utilizing Community Development Block Grant (CDBG) funds. Generally, private fair housing organizations like HOPE are better equipped to reach local communities and marginalized people through continual outreach and partnerships with both secular and religious grassroots organizations. The organizations have the established reputations and private status that promote more trust from local communities. Major Objectives: Provide educational materials, seminars and working sessions regarding protected classes and prohibited practices under federal, state, and local fair housing laws; Provide comprehensive fair housing services while while seeking to identify illegal housing practices in the areas of rentals, sales, mortgage/lending, insurance, and advertising; Assist Entitlement Jurisdictions in implementing Fair Housing Action Plans that are designed to eliminate identified impediments to Fair Housing Choice and to meet Consolidated Plan requirements to Affirmatively Further Fair Housing; Conduct Private Housing Industry Provider Education Programs designed to furnish developers, real estate brokers, property managers, financial institutions, and the media/advertising industry with the most current information necessary to fully comply with fair housing laws, Community Reinvestment Act regulations, and affirmative marketing requirements. All programs are tailored to meet individual organizational needs. Public Housing Authority and Not-for-Profit Community Development Corporation Workshops provide technical assistance to insure equal housing opportunities for all protected classes and the elimination of institutional barriers to decent, affordable housing. The overarching objective of these activities is to assist communities to develop a coordinated strategy of actions to affirmatively further fair housing. Legal Community Seminars offer practitioners training in fair housing litigation skills. Community and Civil Group Education Sessions are implemented to insure that the general public and protected classes become knowledgeable about fair housing laws and the means available to seek redress for fair housing rights violations. Media Campaign informs the public regarding the fair housing services made available by HOPE, Inc. utilizing any combination of public service announcements, print ads, signs/billboards, and the media. The Discrimination telephone Help Line provides information regarding fair housing issues, referral services for victims of discrimination to file complaints and seek redress, and affordable housing and other housing related referrals. HOPE publishes and disseminates a fair housing newsletter quarterly (circulation circulation of 3,500) highlighting national, statewide, and local fair housing news, and conducts national Fair Housing Month activities in April annually. Page 187 of 311 28 C. Lending Policies and Practices Historically, different ethnic and racial groups have encountered barriers to full access to home mortgage lending. Typically, these barriers were identified by higher rejection and failure rates for loan applications. In other instances, ethnic and minority groups have been steered to government-insured FHA (Federal Housing Administration) loans when they could have qualified and benefited from conventional loans in the private market. The Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), the two federally-chartered secondary market enterprises that stimulate the mortgage markets by purchasing loans, are charged by the government with reaching specific goals for serving both affordable and minority housing markets with conventional loans. This indicates the clear policy goal of reaching as many borrowers as possible through private conventional markets. As the market of sub-prime lending has grown, studies by the U.S. Department of Housing and Urban Development and other researchers, as well as many lawsuits, have raised the concern that ethnic and racial groups have been unfairly steered to these higher interest rate products when they could have been served by either conventional prime loans or FHA lending. Thus, the key concerns presently raised about barriers to fair lending include both the impediments to access to conventional prime loans and the infusion of FHA and sub-prime lending into minority markets. Accordingly, this analysis of barriers to full access to mortgage lending focuses on the issues of access to conventional prime loans and steering to FHA and sub-prime loans in both the home purchase and refinance markets. 2006 Home Lending Analysis for Miami Gardens, FL HOPE, Inc. engaged the services of the National Community Reinvestment Coalition (NCRC) conduct a portfolio and market share analysis using 2006 Home Mortgage Disclosure Act (HMDA) data with the following specifications for Miami Gardens, FL: all single family (ASF) lending, conventional and government-insured, loans to owneroccupants, and first-lien loans. All single-family loans include loans for home purchase, home improvement, and refinances. For the portfolio share analysis, NCRC evaluated the prime (or market-rate) and subprime (or high-cost) lending performances by gender; race and ethnicity of borrower (i.e. white non-Hispanic, African American, Asian, or Hispanic); by income level of borrower (low-and moderate-income, or LMI, and middle-and upper-income, or MUI); by income level of census tract (LMI or MUI neighborhood); and by minority level of census tract (substantially minority or substantially white census tract). High-cost loans are those with the price information reported under the Home Mortgage Disclosure Act (HMDA). For more information about HMDA, please visit www.ncrc.org. Lending patterns were then compared to the demographics of Miami Gardens to illustrate potential lending disparities. Page 188 of 311 29 The market share analysis compares the portion of high-cost loans made to a particular borrower group to all loans (market-rate loans plus high-cost loans) made to that same borrower group. The disparity ratio illustrates how much more often lenders made highcost loans to one borrower group compared to another. Market-rate loans are loans made at prevailing interest rates to borrowers with good credit histories. High-cost loans, in contract, are loans with rates higher than prevailing rates made to borrowers with credit blemishes. The higher rates compensate lenders for the added risks of lending to borrowers with credit blemishes. While responsible highcost lending serves legitimate credit needs, public policy concerns arise when certain groups in the population receive a disproportionate amount of high-cost loans. When high-cost lending crowds out market-rate lending in traditionally underserved communities, price discrimination and other predatory practices become more likely, as residents face fewer product choices. Portfolio Share Analysis of All Single Family Lending in Miami Gardens While comprising about 20 percent of the households in Miami Gardens, FL, according to the Census 2000, Hispanic borrowers received 28.4 percent of prime and 29.5 percent of all high-cost loans in the area in 2006. As a comparison, white non-Hispanic borrowers, whose share of the Pima County households was fewer than 10 percent, received 8.6 percent of all prime and 6.7 percent of all high-cost loans. Thus, white non-Hispanic borrowers received a smaller portion of prime and an even smaller portion of high-cost loans, as compared to their share of Miami Garden’s households, while Hispanics received a significantly larger portion of both prime and high-cost loans than their share of households in the area (See Attachment 4-Table 1 and Chart 1a). African-American borrowers comprised the largest share of households (67 percent) in Miami Gardens, according to Census 2000. Further, this borrower group received a small portion of both prime and high-cost loans, as compared to their percentage of the city’s households (i.e. 62.4 percent of prime and 64.8 percent of high-cost loans). Asian borrowers, on the other hand, comprised the smallest share of Miami Gardens’ households (1 percent) while receiving a higher portion of prime loans (1.4 percent) and a smaller portion of high-cost loans (0.5 percent) than their share of households in the city. Low-and moderate-income (LMI) borrowers, or borrowers whose income is less than 80 percent of the MSA median income, received a significantly lower portion of both prime and high-cost loans with respect to their portion of the city’s households. Though LMI borrowers accounted for over 41 percent of all households in Miami Gardens, they received only 15.9 percent of prime and 12.7 percent of high-cost loans in 2006. On the other hand, middle-and upper-income (MUI) borrowers, or borrowers whose income is greater than 80 percent of the MSA median income, received a significantly greater portion portion of both prime and high-cost loans with respect to their portion of Miami Gardens’ households. MUI borrowers accounted for about 59 percent of all households while receiving 84.1 percent of all market-rate single-family loans and 89.7 percent of all high-cost loans in 2006 (See Attachment 5-Table 2a and Chart 2a). Page 189 of 311 30 In the City of Miami Gardens, all of the owner-occupied units were located in predominantly minority census tracts, or tracts that are 50 to100 percent minority (See Attachment 8-Table 5a.). The disproportional distribution of market-rate and high-cost loans between LMI and MUI census tracts was similar to the trends observed for LMI and MUI borrowers. Of the owner-occupied housing units in the city, 25 percent were located in LMI census tracts, or tracts with a median income that is less than 80 percent of the MSA median income. Lenders originated only 16.6 percent of their market-rate single-family loans and 21.6 percent of their high-cost loans to borrowers in LMI tracts. MUI census tracts, on the other hand, contained about 75 percent of the city’s owner-occupied housing units, while their residents received 83.4 percent of the market-rate and 78.4 percent of the high-cost loans originated in Miami Gardens in 2006 (See Attachment 7-Table 4a.). Market Share Analysis of All Single Family Lending in Miami Gardens The share of high-cost loans out of all loans originated to Hispanics and African-Americans was greater than for white non-Hispanic borrowers. African American borrowers were 1.14 times more likely than white non-Hispanic borrowers to receive a high-cost loan (this ratio is calculated by dividing the percent of all loans to African Americans that were high-cost, 57.3 percent, by the percent of all loans to white non-Hispanic borrowers that were high-cost, 50.2 percent). Similarly, Hispanic borrowers were 1.34 times more likely to receive a high-cost loan than their white non-Hispanic counterparts (See Attachment 4-Table 1b and Chart 1b.). Surprisingly, LMI borrowers were less likely to receive a high-cost loan than MUI borrowers (this is 47 percent divided by 59 percent). (See Attachment 5-Table 2b and Chart 2b) Borrowers in LMI tracts were 1.14 times more likely to receive high-cost loans than borrowers in MUI tracts (calculated by dividing 62.98 percent by 55.11 percent). (See Attachment 7-Table Table 4b) Finally, Attachment 8-Table 5b shows that during 2006, the proportion of all loans originated to borrowers in minority neighborhoods that were high-cost (56.4 percent) was larger than the proportion of all loans originated to the same borrower group that were prime (43.4 percent). Denial Disparity Analysis As indicated in Table 1c and Chart 1c, African-American borrowers in Miami Gardens were denied ASF loans 27.9 percent of the time, while white non-Hispanic borrowers were rejected 25.8 percent of the time. In other words, African-Americans were denied loans 1.08 times more often than white non-Hispanic borrowers (calculated by dividing Page 190 of 311 31 27.9 percent by 25.8 percent). Further, Hispanic borrowers were almost as likely to be denied ASF loans as were white non-Hispanic borrowers (i.e. Hispanics were denied loans 1.01 times more often than whites). LMI applicants were more likely to be denied a single-family loan compared to MUI borrowers. LMI borrowers were denied loans 1.25 times as often as more affluent borrowers (Attachment 5-Table 2c and Chart 2c). Consistent with the above trends, residents of LMI tracts were about 1.2 times as likely to be denied a single family loan, as compared to MUI tract residents (See Attachment 7-Table 4c.). Finally, Attachment 6-Table 3 displays an analysis of lending by gender. Generally speaking, there were no great disparities in home lending when gender was considered. Fair Housing Implication: Disparities in lending practices indicate a need for industry training in Fair Housing and Fair Lending laws and consumer education regarding lending processes and avoiding abusive practices. D. Housing, Neighborhood Revitalization, Transportation--Needs and Obstacles (City of Miami Gardens Consolidated Plan 2006-2011 and Comprehensive Development Master Plan-Housing Element) Miami Gardens is an urban community that is 93% built out with a forecasted 8% increase in population growth by 2010. The City experienced a tremendous increase in housing prices and rental rates between 2000 and 2006, reducing the availability of affordable housing for the community-at-large and for its low to moderate income residents particularly. The recent cycle of natural disasters throughout the country has created a critical shortage of both labor and materials, driving up the cost of construction. These factors, coupled with the development pressure from private industry, have and will continue to make affordable housing a difficult issue to address with limited funding. In light of these facts, the City will need to be innovative and leverage partnerships to maximize its ability to implement various housing programs. As a new municipality, the City of Miami Gardens is working to secure additional funding streams to enhance its CDBG programs, ie., HOME program funds. The City of Miami Gardens Department of Community Development utilizes the grant funds it receives from the federal and state government sources to aid in the development of a viable urban community. The primary objective of this department is Page 191 of 311 32 to provide decent housing, a suitable living environment and the expansion of economic opportunities for the neediest. The Department serves the City’s very low, low and moderate income residents by carrying out a wide range of community development housing activities such as Homeownership Assistance, Housing Rehabilitation and Emergency Housing Rehabilitation. The Housing Rehabilitation Program utilizes Federal and State funds. The following Statutes and Regulations govern the program and are the source of the policies in this document. CDBG Program (Community Development Block Grant: Federal Statute: Title 1-The Housing and Community Development Act of 1974. 42 U.S.C.-5301 Regulations: 24 CFR 570 SHIP Program (State Housing Initiative Partnership): Florida Statute: Chapter 420.907 Regulations: Florida Housing Finance Corporation Rule Chapter 67-37 Housing Rehabilitation Program The program provides forgivable loans to low income homeowners in the City of Miami Gardens on a first-come, first-served, first-ready basis to make necessary repairs to their properties. Emergency Rehabilitation Program The Department will provide a forgivable loan for the intent to remedy an Emergency Condition that are of eminent danger to the household members. The terms will be the same as those for the Rehabilitation Program. Disaster Recovery Program The Department will provide a forgivable loan to remedy any damages caused by the 2005 Hurricanes or to harden the home for impact from future hurricanes. Replacement Home Program The Replacement Homes Program is designed to address substandard and dilapidated housing units where the repairs needed cannot be addressed through the Housing Rehabilitation Program due to cost versus existing home value. This program involves the demolition of the existing home and the construction of a new 3 bedroom 2 bath house on the same lot. Homeownership Assistance Program The Homeownership Assistance will provide a modest level of subsidy that could be leveraged against other programs within the County to increase homeownership Page 192 of 311 33 opportunities to assist low-to-moderate income first time homebuyers. The City of Miami Gardens underwrites the loan based on the first mortgage lender’s commitment. Partnerships Approved Lending Partners The Department of Community Development partners with several local lenders. Homebuyer Counseling Agencies The U.S. Department of Housing and Urban Development has approved several agencies located in the City of Miami Gardens to provide various types of counseling services to City Residents. These services include but are not limited to Homebuyer Education Courses, Money Debt Management, Post Purchase Counseling and Predatory Lending. Transportation (City of Miami Gardens Comprehensive Development Master Plan-Transportation Element) Miami Gardens is centrally located in the region. The boundaries are from I-95 and NE 2nd Avenue on the East; NW 47th Avenue and NW 57th Avenue on the west; County Line Road on the north; and NW 151st Street on the South. This location at the boarder of Miami-Dade and Broward Counties, makes Miami Gardens extremely accessible, and a viable residential and business destination. The city is easily accessed by I-95, the Palmetto Expressway (SR 826), the Florida Turnpike, as well as numerous other county and state surface roads that form a relatively uninterrupted grid through the City. There are many levels of connectivity in Miami Gardens, from major interstates, regional rail transit, and sub regional county and state roads, to prevalent pedestrian and bicycle facilities. The CSX tracks, located along the southeast boundary of the City, are the only rail facility located within the City of Miami Gardens. The tracks carry the TriRail trains through the Golden Glades Interchange between the Miami International Airport and west Palm Beach County. There are no airports or seaports within the City of Miami Gardens. However, the Opa-Locka Airport is located immediately adjacent to the City limits. There are no airports or seaports within the City of Miami Gardens. However the Opa-Locka Airport is located immediately adjacent to the City limits. Miami Dade County Transit Routes, twenty bus routes are sponsored by Miami Dade Transit plus two by Broward County Transit (not shown on map) for a total of twenty-two (22) existing routes. In Miami Dade County, employment centers are connected to residential areas primarily by the roadway network. There are limited transit options. Most people live miles from where they work, and must take one of few connecting routes to get there. Additionally Page 193 of 311 34 there is a feeling that the bus transit does not adequately service the local community. There is a call for a community circulator. Many communities in Miami Dade County have their own circulator systems. Several such systems in North Miami Dade County are linking their systems at key locations. These include North Miami Beach, Aventura, Bal Harbor, North Miami and Surfside. A review of the bus routing reveals that most of the routes also move through the community connecting with other destinations. Most of the major roadways have bus routes on them. The routing is regional in nature. This may require several transfers for a rider to reach an in-city destination. A circulator may help in this respect. Overall Miami Gardens is highly accessible with the automobile bus and rail transit. E. Public and Assisted Housing Public Housing (City of Miami Gardens Consolidated Plan 2006-2011) The Miami-Dade Housing Agency (MDHA) is the primary agency that provides public housing services within the City of Miami Gardens. The MDHA functions under the direction of the Miami-Dade County Board of County Commissioners, and is staffed by County employees. This agency provides services countywide and within the City of Miami Gardens in particular. The MDHA functions as a unit of County government. The City of Miami Gardens does not have the power to appoint members to the “board”, hire staff, procure services, or direct capital projects. The Miami Dade Housing Agency (MDHA) Provides a variety of affordable housing through programs supported through the administrations of the HUD Public Housing program in Miami Dade County. The Public Housing Division of the Miami Dade Housing Agency has as its primary administrative function the Public Housing program. MDHA is the ninth largest public housing agency in the nation. It provides federal subsidies for 186 units in the City of Miami Gardens and over 10,000 units countywide of public and other assisted housing. MDHA manages and maintains 18,000 vouchers and other subsidies for private housing for low-and moderate-income residents of the County; it offers limited supportive services and programs to improve the quality of life and general environment of public housing residents; and coordinates most of the County’s affordable housing programs, including the infill housing initiative. It is the purpose of the Miami Dade Housing Agency to manage, maintain and improve over 10,000 units of County-owned, federally subsidized and mixed use housing; facilitate provision of supportive services and programs to improve the quality of life and general environment of public housing residents; coordinate contracting for over 17,000 units of privately-owned low-and moderate-income housing, ensuring safe, decent Page 194 of 311 35 housing; provide mortgages to low-to moderate-income working families for homeownership and loans to developers for building affordable housing; develop in-infill properties for low-to moderate-income families homeownership. The types of public/assisted housing structures range from single family homes scattered throughout several residential communities, duplexes, town homes, multi family structures, and mid and high rise structures that are supported by complex building support systems, including but not limited to emergency generators, elevators, heating systems for water and air, domestic water pumps, life safety and other emergency support devices. There are several renter-occupied housing developments within the City using federal, state or local subsidy programs. Currently, the City has six public housing rental properties, containing a total of 186 units, operated by MDHA. A majority of the MDHA units in the City of Miami Gardens are dedicated to families, as indicated in the table below. MDHA Housing Units in the City of Miami Gardens Name Address Units Type Vista Verde FHA Scattered Homes 30 Family Miami Gardens Apts. NW 183 St. /22 Avenue 45 Family Opa-Locka Family C 1802-2113 NW 151 St. 9 Family Palmetto Gardens 16850 NW 55 Avenue 40 Elderly FHA Homes Miami-Dade County Scattered Homes 10 Family Venetian Gardens 16100 NW 37 Avenue 52 Family Total Units 186 Source: Miami Dade Housing Agency – Public Housing Division According to MDHA, the physical condition of the units at the present time is good. The units are inspected, ranked and scored annually by the contract inspectors for US HUD and by the Real Estate Assessment Center. The scores represent the conditions found at the property regarding exterior building, site conditions, common areas, and health and safety findings of the inspection team. Maintenance and repairs needed are completed to meet Housing Quality Standards established by US HUD. There are other local and federal regulatory standards that have to be met for the annual recertification of the units and continued occupancy by residents within the housing program. Certified staff provides property management, inspections, maintenance, and emergency response (i.e. hurricane preparation and recovery efforts) to the properties. Contract services are also utilized to provide support and maintenance of major equipment, including elevator & generator service, lawn maintenance, domestic garbage collection, and contract renovations. Page 195 of 311 36 The MDHA has three renovation projects that affect public housing development in the City of Miami Gardens. These renovations are scheduled for Vista Verde, the Opa-Locka Family development and the Miami Gardens Apartments. MDHA has obtained approval from US HUD to sell 21 units of the Vista Verde public housing development. Funding for the repair of the units in the Vista Verde sub-division includes the renovation of two homeownership units. In addition, the agency recently received approval for the disposition sale of the twenty-six units in the FL 5-074 Opa-Locka Family development. The units will be offered for sale as authorized by US HUD, first being offered to the existing/current residents with qualification requirements and assistance through credit counseling and finance assistance. Nine of the homes in the development fall inside the City limits along the north side of 151st Street, adjacent to the area known as the triangle. The final project is located within the Miami Gardens Apartments, which is a 45-unit town home development. According to the data obtained from the Miami Dade Housing Agency, the City of Miami Gardens has 4,081 applicants on the waiting list for Public Housing and 4,370 applicants on the waiting list for Section 8 vouchers. The table below illustrates the characteristics of the applicants current on the waiting list residing within the zip codes that include the City of Miami Gardens (some zip codes cross into surrounding jurisdictions). Miami Dade Housing Agency Wait List City of Miami Gardens Applicants Demographic Public Housing Section 8 White 10% 420 11% 488 Black 88% 3,590 87% 3,808 Native American 0.34% 14 0.32% 14 Asian 0.12% 5 0.14% 6 Other 1% 52 1% 54 Disabled 5% 214 7% 293 Age 0-25 22% 892 21% 936 Age 26 -50 43% 1,745 42% 1,831 Age 51-75 7% 307 10% 422 Age 76+ 1% 38 1% 63 Waiting List Totals 4,081 4,370 Source: Miami Dade Housing Agency, 05/06 Persons with Disabilities-Section 504 MDHA is currently under a voluntary compliance agreement with the Department of Justice and US HUD for compliance with Section 504 of the Uniform Federal Accessibility Standards (U.F.A.S.). This effort will bring into compliance all properties Page 196 of 311 37 within the Public Housing portfolio as determined by survey and economic feasibility that will be certified to meet the standards and tolerances established by the Standard. The MDHA has adopted a strategy in its Annual Plan for FY 2006-2007 to address Section 504 Needs. The strategy is to target available assistance to families with disabilities. To do this, the MDHA will carry out modifications needed in public housing based on Section 504 need assessment; apply for special purpose vouchers targeted to families with disabilities; and affirmatively market local non-profit agencies that assist families with disabilities. Homeownership The MDHA encourages public housing residents to become more involved in the management of the development and to participate in homeownership through its Family Self-Sufficiency Program. The program has 483 participants, which includes both Pubic Housing and Section 8 Voucher program recipients. As of September 2005, there were approximately 53 public housing and 150 Section 8 program participants with escrow balances. MDHA has also implemented a Section 8 homeownership program to provide Section 8 participants the opportunity to purchase a home. The housing agency also offers a variety of homeownership programs to low and moderate-income families through its Development and Loan Administration Division, and New Markets Division. Programs include Surtax, State Housing Initiative, HOME, and infill programs. F. Homelessness (City of Miami Gardens Consolidated Plan) The Miami-Dade County Community Homeless Plan called for the creation of a coordinating body, the Miami-Dade Homeless Trust, to ensure the implementation of the Plan, administer the proceeds of the food and beverage tax and other resources identified by the Trust for the continuum, and serve in an advisory capacity to the Board of County Commissioners on all issues relating to homelessness. Created in 1993, the Trust built upon the broad-based representation of the local task force responsible for developing the plan and has a 27-member board that is composed of representatives of key stakeholders in the planning and delivery of homeless housing and services in the County. As required by HUD, each jurisdiction must develop a local continuum of care plan. The City of Miami Gardens, in partnership with the Trust, operates under the Miami-Dade County Community Homeless Plan. The Trust serves as the lead agency implementing a countywide strategy to serve homeless individuals and families throughout the community. The Trust pools the Entitlement Jurisdiction funds for all of Miami-Dade Page 197 of 311 38 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, in partnership with the City of Miami Gardens, bases their determination of homeless needs on countywide homeless census reports done twice yearly. The last census was conducted in January 2006, and was the lowest point-intime census in the history of the Homeless Trust with 5,160 homeless people in the County: 1,989 on the streets and 3,171 in Emergency and Transitional Housing. The countywide system of care serves approximately 10,000 homeless men, women, and children per year, with approximately 50% placed into permanent housing as a result of a system-wide strategy to end homelessness. Data in the Homeless Trust’s Homeless Management Information System indicates that 27% of the homeless counted in January 2006 were homeless families and 9% has served in the U.S. military. The table below illustrates additional characteristics of homeless individuals and families countywide. 2006 Characteristics of Homeless -Countywide Sex Male 59% Female 39% Unknown 2% Age Children -under age 18 28% Adults -18 to 60 65% Elderly -60 and older 4% Unknown 3% Race American Indian/Alaskan Native 0% Asian 0% Black/African American 59% White 32% Native Hawaiian/Other Pacific Islander 0% Other; Multi-Racial 7% Unknown 2% Disabling Conditions Physical 1% Developmental Disability 0.1% Mental Health 26% As a part of its Annual Shelter Count Plan, the Homeless Trust has been conducting two homeless counts per year since 1997. The point-in-time data collection date used to Page 198 of 311 39 complete Part 1 and 2 of the Homeless Population and Subpopulation Chart was January 27, 2006. A total of 127 people, consisting of 43 outreach workers, 66 volunteers, and 18 police officers, participated in the count. The next counts are scheduled for summer 2006, January 2007 and so on. In addition to the bi-annual census, Homeless Management Informatin System (HMIS). Sheltered Census data is emailed daily to the entire Miami Dade Continuum of Care. In January 2006, information regarding sub-populations was also collected from all Continuum of Care (CoC) providers via a point-in-time survey that netted results for sub-population information representing over 2,000 homeless individuals and families. All providers received training on the survey instrument and all surveys were submitted to the Homeless Trust. The response rate for the surveys was 25% of the countywide sheltered population. The percentages of sub-populations, which were obtained based on outreach, emergency and transitional housing, and supportive services, were as follows: • 21% chronically homeless, • 29% seriously mentally ill, • 25% chronic substance abuse, • 10 % veterans, • 5% persons with HIV/AIDS, • 5% domestic violence, and • 3% youth Thus, current sub-population data for emergency, transitional, and unsheltered populations can be estimated based on this statistically significant sample of over 2,000 people. To determine the sheltered subpopulation numbers, the percentages noted above applied to the latest sheltered homeless population count. The table below provides further data on the homeless sheltered and unsheltered populations. All information regarding unsheltered sub-populations was also collected from Continuum of Care Outreach providers via a point-in-time survey, which was analyzed in the same method as our sheltered population. To determine the current unsheltered subpopulation numbers, the previous year percentages of 27% chronically homeless, 23% seriously mentally ill, 35% chronic substance abuse, 23 % veterans, 10% persons with HIV/AIDS, 5% domestic violence, and 6% youth were used. These percentages were applied to the unsheltered homeless population at the time of the 2006 homeless census which accounted for over 271 unsheltered homeless individuals and families. Page 199 of 311 40 Population and Subpopulation Continuum of Care Homeless Population and Subpopulations Chart Part 1: Homeless Population Sheltered Un-Emergency Transitional sheltered Total 1. Homeless Individuals 777 854 1,810 3,441 2. Homeless Families with Children 144 237 45 426 2a. Persons in Homeless with Children Families 591 949 179 1,719 Total (lines 1 + 2a) 1,368 1,803 1,989 5,160 Part 2: Homeless Subpopulations Sheltered Unsheltered Total 1. Chronically Homeless 342 2,567 2,909 2. Severely Mentally Ill 583 0 583 3. Chronic Substance Abuse 503 0 503 4. Veterans 201 0 201 5. Persons with HIV/AIDS 80 0 80 6. Victims of Domestic Violence 291 0 291 7. Youth (Under 18 years of age) 60 0 60 TOTAL 2,060 2,567 4,627 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 eviction, living doubled up, or are un/underemployed. The Miami Dade Homeless Trust does not provide estimates of at risk populations. Priorities The City of Miami Gardens has mirrored the priorities of the Homeless Trust as our regional service provider. The table below outlines the relative priorities of various categories of homeless needs within the Continuum of Care. Activities which are identified as “Medium” priorities are those which will likely receive Consolidated Plan funding if the applicable formula grants to the City of Miami Gardens are increased during the next five years and. Activities that receive a “Low” priority will not receive Consolidated Plan funding over the next five years without an amendment to this Consolidated Plan. A “Low” rating does not necessarily diminish the importance of these activities or indicate that there is no need for them in the City. Many activities that are assigned a “Low” priority for CDBG funding are nevertheless important needs for the community or high priorities for other sources of funding. Some activities receive “Low” ratings if the funds that are potentially available under the Consolidated Plan programs would be insufficient to have a meaningful impact on these needs or adequately funding them would result in minimal output or outcome accomplishments relative to the amount of Page 200 of 311 41 funds expended at the expense of other priority programs. Homeless Needs Funding Housing Continuum of Care Individuals Families Funding source Emergency Shelter Low Low Other, County Transitional Housing Low Low Other, County Permanent Supportive Housing Medium Medium Other, County Chronically Homeless Medium Medium Other, County Each year the Homeless Trust meets with all of its entitlement partners to establish funding priorities for the upcoming year. The City of Miami Gardens, in partnership with the Miami Dade Homeless Trust, established the priority homeless needs that are identified in this plan. Miami Dade County needs 831 beds to serve the chronically homeless. The County currently has 342 beds available, leaving a gap of 489 beds to serve this population. The Trust, in partnership with the City of Miami Gardens, has given high priority to addressing the problems with the chronically homeless population, and has adopted measurable goals to approach the problem. G. Planning and Zoning/Building Codes (Accessibility) A survey composed of suggested questions from HUD’s Fair Housing Planning Guide was completed by the staff of the Planning & Zoning and Community Development Departments. The following summarizes the information obtained from the survey: Planning and Zoning There are concentrations of low-and moderate-income housing in the City of Miami Garden’s geographical area. Current zoning and other policies and procedures have had a neutral effect on the existence of such concentrations for the past five years. The City is currently evaluating whether there is a concentration of subsidized housing relative to neighboring areas. The City considers the impact of its zoning ordinance(s), building codes, and other land use policies on the provision of lower-income housing to be similar to that of most other jurisdictions in the region. Zoning regulations permit medium-and high-density for vacant land that can developed within the city’s geographical area and is not limited to only low-density housing (and accompanying Page 201 of 311 42 high cost). The City is currently in the process of developing incentives to promote mixed-income housing development. The City’s requirement for minimum street frontage, front yard setbacks, side yard dimensions or amenities, or for offsite improvements such as restrictions on the level of density that is possible for new housing development limit affordability to higher-income households. Zoning requirements typically favor conventional single family homesite designs over cluster development. Conventional single family zoning has been in place for 50-60 years for most of the city. Building Codes (Accessibility) Florida’s building code has incorporated the accessibility provisions of the most recent edition of the American National Standards Institute A117.1 and Usable Building and Facilities and model building codes, applicable to all jurisdictions in the state. VI. CONCLUSIONS AND RECOMMENDATIONS A. Identified Impediments to Fair Housing Choice Having completed its examination of all available data, inclusive of surveys and testing results, personal interviews and meetings, HOPE, Inc. concludes that there are five (5) impediments to fair housing choice evident in the City of Miami Gardens and proposes the implementation of the following work-plan to address and correct the identified impediments: 1. Violations of federal, state, and local fair housing laws in the jurisdiction and immediate surrounding areas 2. Lack of awareness of fair housing laws, issues and resources 3. Racial disparities in fair and equal lending 4. A strongly segregated housing market 5. Limited funding availability for the creation of affordable housing opportunities Page 202 of 311 43 B. Fair Housing Plan GOAL #1 REDUCE INCIDENCE OF HOUSING DISCRIMINATION Fair Housing Activities Action/Agreement required Measurable Results Program/Staff Responsibility Time Period for Completion Provide fair housing education and outreach workshops to housing providers to foster compliance with federal, state, and local fair housing laws Develop or update training curriculum and coordinate efforts housing providers Number of completed workshops/trainings and number of individuals reached Community Development Or Sub-recipient/contractor Support private enforcement of fair housing laws Partner with local public and private fair housing agencies to coordinate most effective means of processing and referring complaints Number of complaints referred and/or resolved Community Development Or Sub-recipient/contractor Provide fair housing and affirmative marketing training to all recipients receiving City funds for housing related and community based projects and monitor compliance, where appropriate Identify participants, develop training curriculum, and collect materials to be distributed Increased access to housing opportunities funded by the City Community Development Or Sub-recipient/contractor GOAL #2: EDUCATE THE COMMUNITY ABOUT IT’S RIGHTS AND RESPONSIBILITIES TO FAIR HOUSING Fair Housing Activities Action/Agreement required Measurable Results Program/Staff Responsibility Time Period for Completion Disseminate a fair housing media campaign Submit PSA’s in local TV/Newspapers, tap local cable highlighting local, state and national fair housing news Increased awareness demonstrated by logged number of complaints by the general public Community Development Or Sub-recipient/contractor Appoint a committee interact with local media Select appropriate staff, community members and reps. from housing industry to serve on committee Formation of committee and implementation of recommendations Community Development Or Sub-recipient/contractor Page 203 of 311 44 Implement a fair housing media campaign Provide public service announcements, and community forums on public radio and television (including the City television network) Increased number of residents served Community Development Or Sub-recipient/contractor Educate City Council members and City employees regarding responsibility to affirmatively further fair housing Identify categories of government employees who should receive fair housing training Local jurisdiction awareness of fair housing laws to encourage identification and reporting or discrimination Community Development Or Sub-recipient/contractor Conduct an annual community-wide fair housing event Partner with other jurisdictions and community groups and coordinate event Heightened awareness of fair housing rights and responsibilities Community Development Or Sub-recipient/contractor GOAL #3: REDUCE DISCRIMINATORY AND ABUSIVE PRACTICES IN LENDING Fair Housing Activities Action/Agreement required Measurable Results Program/Staff Responsibility Time Period for Completion Reduce differences in the market penetration for various racial and ethnic areas Examine disparities and create a plan to rectify the differences Decreased differences in market penetration amongst racial and ethnic minorities Community Development Or Sub-recipient/contractor Implement a publicity campaign Provide public service announcements, and community forums to public radio and television (including the county and municipal television channels Increased number of residents served Community Development Or Sub-recipient/contractor GOAL #4 PROMOTE INTEGRATION AND DIVERSITY WITHIN THE CITY OF MIAMI GARDENS Fair Housing Activities Action/Agreement required Measurable Results Program/Staff Responsibility Time Period for Completion Provide technical assistance training in affirmative marketing to recipients of administered funds for development Identify and require recipients to participate in training; contract with local fair housing agency to provide training Training provided to Cityfunded recipients Community Development Or Sub-recipient/contractor Page 204 of 311 45 Provide fair housing training for city government staff, community advocates, housing providers and financial institutions Identify and coordinator perspective participants and contract with local fair housing center Educational workshops provided for various community groups Community Development Or Sub-recipient/contractor Provide multi-language format presentations to community members Identify locations to provide workshops and contract with local fair housing center Increased awareness on the part of residents. Community Development Or Sub-recipient/contracto r GOAL #5: PROVIDE MORE AFFORDABLE HOUSING Fair Housing Activities Action/Agreement required Measurable Results Program/Staff Responsibility Time Period for Completion Encourage housing providers to participate in Section 8 program Identify local housing providers and arrange to meet and explain the benefits of participating in the Section 8 program. Increased number of landlords that participate in the program Community Development Or Sub-recipient/contractor Provide information and technical assistance on housing development programs Provide training or contract for professional services Increase in affordable housing development Community Development Or Sub-recipient/contractor Emphasize mixed income housing in all neighborhoods Select neighborhoods being targeted for redevelopment Increase in racially, ethnic economically and diverse neighborhoods Community Development Or Sub-recipient/contractor Support pre-purchase counseling programs Provide training or contract for professional services Increased diversity in City Community Development Or Sub-recipient/contractor VII. SIGNATURE PAGE Reviewed and accepted this ____ day of ___________, 2_____. Page 205 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: General FundEvents & Media Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA X Sponsor Name Mayor Shirley Gibson Department: Events & Media Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A 2011 JAZZ IN THE GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL CONTRACTS AS MAY BE NECESSARY AND APPROPRIATE FOR THE PRODUCTION OF THE FIFTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE HELD IN MARCH 2011; PROVIDING FOR A WAIVER OF BID PROCEDURES FOR PURCHASES MADE IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City is looking forward to celebrating the Sixth Annual Jazz in the Gardens event March 2011, at Dolphin Stadium. This music festival is not just a concert; it is a high‐class event that has put Miami Gardens on the map as a thriving City and destination, showcasing its people, cultures, and businesses. This year approximately 60,000 attendees are expected to attend this two‐day weekend event, a significant increase from the 36,000 in 2009. ITEM J-10) CONSENT AGENDA RESOLUTION Approving the 2011 Jazz in the Gardens Page 206 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The Jazz in the Gardens music festival has become one of the premiere spring events in the southeastern region of the United States. Based on the overwhelming response received in past years, Jazz in the Gardens has strategically positioned itself as a national event, rapidly gaining increased recognition and visibility. To capitalize on this momentum, staff would like to begin planning for the 2011 event immediately after the completion of the 2010 event. This is critical in order to properly solicit sponsors nationally while capitalizing on the energy generated by the 2010 event. In addition, generally speaking national sponsors require one year timeframe to properly vet and review events of this magnitude. That entails having a clear understanding of the sponsorship levels and financial commitments to properly engage as a sponsor. This will also allow us to foster better relationships with current and new partners, vendors, and key stakeholders. It is staff’s goal to have a production contract executed by March, 2010. Selected contractor(s) would be responsible for coordinating all the necessary services (stage, light, sound, talent, printing, etc) on the City's behalf. It is anticipated that performing artists, advertising, marketing and expenditures in several areas will exceed the City Manager's authority as prescribed under the City’s Purchasing Ordinance. The timing associated with bring each item back to Council would make it difficult to negotiate the various agreements for these services in a timely manner. As such, we request authorization to allow the City Manager to exceed his purchasing authority, as it relates to the expenditures for the 2011 Jazz in the Gardens event. Proposed Action: We recommended that City Council authorizes the City Manager to negotiate and execute contracts as may be necessary and appropriate for the production of the Sixth Annual Jazz in the Gardens in March 2011; allowing a waiver of bid procedures, for purchases made in connection with the event, and authorizes the City Manger to exceed his purchasing authority, as may be necessary. Attachment: None Page 207 of 311 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A 2011 JAZZ IN THE GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL CONTRACTS AS MAY BE NECESSARY AND APPROPRIATE FOR THE PRODUCTION OF THE SIXTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE HELD IN MARCH 2011; PROVIDING FOR A WAIVER OF BID PROCEDURES FOR PURCHASES AND SERVICES PROVIDED IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the city of Miami Gardens will celebrate its Fifth Annual Jazz in the Gardens event on March 20th and 21st, and WHEREAS, the event is expected to attract over 40,000 attendees over a two-day weekend, and WHEREAS, Jazz in the Gardens has become a premier Spring event in the Southeast region of the United States, and WHEREAS, it has brought national attention to the City of Miami Gardens, and WHEREAS, in anticipation of the City hosting a Sixth Annual Jazz in the Gardens event in 2011, it is necessary to immediately commence preparing for the event, and WHEREAS, as in past years, City staff is requesting that the City Council provide any and all necessary authority to the City Manager to commence preparing for the Sixth Annual Jazz in the Gardens event, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 208 of 311 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to negotiate and execute all contracts as may be necessary and appropriate for the production of the Sixth Annual Jazz in the Gardens event; authorizes a waiver of bid procedures for purchases made in connection with the event; and authorizes the City Manager to exceed his purchasing authority as may be necessary for the event. 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 JANUARY 27, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: MAYOR SHIRLEY GIBSON MOVED BY:_____________________ Page 209 of 311 1 2 3 4 VOTE: _____ 5 Mayor Shirley Gibson (Yes) ___(No) 6 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 7 Councilman Melvin L. Bratton (Yes) ___(No) 8 Councilman Aaron Campbell (Yes) ___(No) 9 Councilwoman Barbara Watson (Yes) ___(No) 10 Councilwoman Sharon Pritchett (Yes) ___(No) 11 Councilman André Williams (Yes) ___(No) Page 210 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: 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 Sponsor Name Dr. Danny Crew, City Manager Department: Office of the City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AFFIDAVIT SUPPORTING NFL PROPERTIES, LLC’S (“NFLP”) REQUEST FOR A TEMPORARY INJUNCTION AND ORDER OF SEIZURE AND IMPOUNDMENT FOR THE 2010 PRO BOWL AND SUPER BOWL XLIV ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR NUNC PRO TUNC EFFECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On Sunday, January 31, 2010 – Sunday, February 7, 2010, the City of Miami Gardens will be host to thousands of visitors for the ProBowl 2010 and Super Bowl XLIV at Dolphin Stadium. As with past Super Bowl and ProBowl games, vendors will appear in the week preceding the games to sell unlicensed souvenir merchandise bearing counterfeit NFL trademarks. In an effort to curb these activates, the City of Miami Gardens Police Department and the Code Compliance Division have been trained by the NFL and United States Department of Homeland Security, Immigration Customs Enforcement on how to identify counterfeit merchandise. The City’s Police and Code Departments will be working with other law enforcement agencies and the NFL to remove illegal vendors from the City, identify, and confiscate counterfeit merchandise. ITEM J-11) CONSENT AGENDA RESOLUTION Supporting NFL Properties, LLC Page 211 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In order to obtain the power to seize counterfeit merchandise, each year the NFL in coordination with various local, state and federal agencies file for a Temporary Injunction and Order of Seizure and Impoundment with the Court. These requests for relief from the NFL in partnership with local municipalities have been granted by the courts every year since 1983. In light of these facts, the NFL requested that the City sign an Affidavit supporting their request in preparation for a hearing on Tuesday, January 26, 2010. Since the hearing was scheduled prior to the next regularly scheduled Council meeting, the Affidavit is being brought to the Council after the fact. Proposed Action: Staff is requesting the City Council to approve the attached resolution authorizing the City Manager to sign Nuc Pro Tunc, the Affidavit supporting the NFL’s request for a Temporary Injunction and Order of Seizure and Impoundment for the ProBowl 2010 and Super Bowl XLIV. Attachment: Attachment A: Affidavit Page 212 of 311 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AFFIDAVIT SUPPORTING NFL PROPERTIES, LLC’S (“NFLP”) REQUEST FOR A TEMPORARY INJUNCTION AND ORDER OF SEIZURE AND IMPOUNDMENT FOR THE 2010 PRO BOWL AND SUPER BOWL XLIV ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR NUNC PRO TUNC EFFECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Dolphin Stadium is located in the City of Miami Gardens, and is the site of the 2010 Pro Bowl and Super Bowl XLIV, which are scheduled for Sunday, January 31, 2010 and Sunday, February 7, 2010, respectively, and WHEREAS, as with past Super Bowl and Pro Bowl games, vendors will appear in the week preceding the games to sell unlicensed souvenir merchandise bearing counterfeit NFL trademarks, and WHEREAS, in an effort to curb these activities, the City of Miami Gardens Police Department and the Code Compliance Division have been trained by the NFL and United States Department of Homeland Security, Immigration Customs Enforcement on how to identify counterfeit merchandise, and WHEREAS, the City’s Police and Code Departments will be working with other law enforcement agencies and the NFL to remove illegal vendors from the City, identify, and confiscate counterfeit merchandise, and WHEREAS, in order to obtain the power to seize counterfeit merchandise, each year the NFL in coordination with various local, state and federal agencies file for a Temporary Injunction and Order of Seizure and Impoundment with the Court, and Page 213 of 311 WHEREAS, in light of these facts, the NFL requested that the City sign an Affidavit supporting its request in preparation for a hearing on Tuesday, January 26, 2010, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, since the hearing was scheduled prior to the next regularly scheduled City Council meeting, the Affidavit is being brought to the City Council after the fact, 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 authorizing the City Manager to execute Nunc Pro Tunc, that certain Affidavit supporting the NFL Properties LLC’s request for a Temporary Injunction and Order of Seizure and Impoundment for the 2010 Pro Bowl and Super Bowl XLIV attached hereto as Exhibit “A”. Section 3. NUNC PRO TUNC EFFECT: This resolution shall be effective as of January 21, 2010. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 27, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: Page 214 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 20 Mayor Shirley Gibson (Yes) ___(No) 21 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 22 Councilman Melvin L. Bratton (Yes) ___(No) 23 Councilman Aaron Campbell (Yes) ___(No) 24 Councilwoman Barbara Watson (Yes) ___(No) 25 Councilwoman Sharon Pritchett (Yes) ___(No) 26 Councilman André Williams (Yes) ___(No) 27 Page 215 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: CDBG/General Fund Reserve 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 Councilman Andre’ Williams Department: Office of the Mayor and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO CREATE A TEMPORARY EMPLOYMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF TWO MILLION DOLLARS ($2,000,000.00) FROM THE CITY’S RESERVE FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Summary: According to the Beacon Council, Miami‐Dade County’s unemployment rate as of November 2009 was 10.5%, and according to the Bureau of Labor Statistics, as of October 2009, the unemployment rate in the City of Miami Gardens was 15.8 %. Councilman Andrè Williams is recommending that the City Council authorize the City Manager to institute a Temporary Job Program whereby City residents who have exhausted unemployment compensation benefits will be able to obtain temporary employment in either the Public Works or Parks and Recreation Departments at a wage of Twenty Thousand ($20,000.00) per annum. Councilman Williams is recommending that the program be structured so that each new hire be offered an initial three (3) month contract with each contract being able to be renewed up to seven (7) times until total depletion of the funds, or two (2) years from the enactment of the Program, whichever comes first. ITEM K-1) RESOLUTION Create a Temporary Employment Program Page 216 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In addition, Councilman Williams is recommending that a City staff person be dedicated to assist residents access all available State unemployment benefits, and to obtain more specific unemployment information from the Florida Division of Unemployment (i.e. data on unemployment applications in city, persons who have exhausted unemployment benefits, etc. if possible); Proposed Action: Councilman Williams is recommending that the City expend Two Million Dollars ($2,000,000.00) from its CDBG funding or Reserve Fund for this purpose. Attachment: None Page 217 of 311 1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO CREATE A TEMPORARY EMPLOYMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF TWO MILLION DOLLARS ($2,000,000.00) FROM THE CITY’S RESERVE FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, according to the Beacon Council, Miami-Dade County’s unemployment rate as of November 2009 was 10.5%, and WHEREAS, according to the Bureau of Labor Statistics, as of October 2009, the unemployment rate in the City of Miami Gardens was 15.8 %, and WHEREAS, Councilman Andrè Williams is recommending that the City Council authorize the City Manager to institute a Temporary Job Program to be marketed to City residents, whereby City residents who have exhausted unemployment compensation benefits will be able to obtain temporary employment in either the Public Works or Parks and Recreation Departments at a wage of Twenty Thousand ($20,000.00) per annum, and WHEREAS, Councilman Williams is also recommending the following: (1) That each new hire be offered an initial three (3) month contract with each contract being able to be renewed up to seven (7) times until total depletion of the funds, or two (2) years from the enactment of the Program, whichever comes first; (2) That a City staff person be dedicated to assist residents access all available State unemployment benefits, and to obtain more specific unemployment information from the Florida Division of Unemployment (i.e. data on unemployment applications in city, persons who have exhausted unemployment benefits, etc. if possible); Page 218 of 311 (3) That the City conduct a workshop at City Hall with representatives from the Florida Division of Unemployment to explain the process to the residents; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (4) That a link be included on the City’s website directing unemployed residents to the City staff person and/or the Florida Division of Unemployment; (5) That the City staff person will handle calls and meet with residents when appropriate, and WHEREAS, Councilman Williams is also recommending that the City spend Two Million Dollars ($2,000,000.00) from its Reserve Fund 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 take any and all steps necessary in order to create a Temporary Employment Program, as outlined in the Whereas clauses to this Resolution, and further authorizes the expenditure of Two Million Dollars ($2,000,000.00) from the City’s Reserve 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 JANUARY 27, 2010. _________________________________ SHIRLEY GIBSON, MAYOR Page 219 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS MOVED BY:_____________________ VOTE: _____ 25 Mayor Shirley Gibson (Yes) ___(No) 26 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 27 Councilman Melvin L. Bratton (Yes) ___(No) 28 Councilman Aaron Campbell (Yes) ___(No) 29 Councilwoman Barbara Watson (Yes) ___(No) 30 Councilwoman Sharon Pritchett (Yes) ___(No) 31 Councilman André Williams (Yes) ___(No) 32 33 34 Page 220 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: Community elopmen lock t (CDBG Dev Gran t B ) 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, ALLOCATING FORTY-EIGHT THOUSAND, FIVE HUNDRED AND FORTY-THREE DOLLARS AND FIFTY CENTS ($48,543.50) FROM THE FISCAL YEAR 2009–2010 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUND FOR THE PROVISION OF PUBLIC SERVICES FUNDS TO SUNSHINE FOR ALL, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN SUB-RECIPIENT AGREEMENT WITH SUNSHINE FOR ALL, INC., FOR ADDITIONAL FUNDING IN THIS AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background Annually, the Department of Community Development makes available Community Development Block Grant (CDBG) funds for the provision of public services to Miami Gardens’ residents. These funds are made available to interested non‐profit or community based organizations applying through a formal Request for Proposal (RFP) process. For FY 2009‐10, an RFP was made available to the public on June 5, 2009. Nine (9) proposals were received, evaluated and scored by staff. The top four (4) scoring agencies were recommended to Council to receive funding and on September 21, 2009, Council passed the following two (2) funding awards: ITEM L-1) RESOLUTION PUBLIC HEARING Agreement w/Sunshine for All, Inc. Page 221 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Case Valentina $40,000 Sunshine For All, Inc. $80,000 $120,000 Based on the total amount of Public Service Funds available for this fiscal year, there is a balance of $101,500 still available for funding of Public Service activities. Current Situation Sunshine For All, Inc. (Sunshine) is a non‐profit organization that delivers in home meals to low‐tomoderate income seniors who live in Miami Gardens. Eligible meal recipients receive one hot meal per day, five days a week Monday through Friday, from October 1, 2009 through September 30, 2010. To be eligible, an individual must: • Be a resident of Miami Gardens • Be of low‐to‐moderate income • Be 62 years of age, or disabled if under the age of 62 Presently, Sunshine is serving 59 clients under the FY2009‐10 contract amount of $80,000. In order to continue to serve these 59 clients through September 30, 2010, an additional $35,471 is needed. At the current client and funding level, Sunshine will only be able to serve meals through June 10, 2010. The breakdown is as follows: 59 clients x 262 operating days in FY2009‐10 x $7.47/meal = $115,471 $115,471 (total funds needed) ‐$80,000 (Current funding level) = $35,471 (balance of funds needed) Furthermore, Sunshine has 58 clients on a waiting list. Due to the success of the program and the overall client satisfaction with this public service, City Staff is recommending that an additional $13,072.50 be awarded to Sunshine in order to begin serving an additional 10 clients from the waitlist for the period beginning February 1, 2010 through September 30, 2010. This would bring the total number of clients served to 69. The breakdown is as follows: 10 clients x 175 operating days remaining in FY2009‐10 x $7.47/meal = $13,072.50 $35,471 + $13,072.50 = $48,543.50 totals additional funds recommended A resolution is required in order to allocate additional CDBG funds to Sunshine For All, Inc. Subsequent to Council approval of staff’s recommendation, an amendment to the sub‐recipient agreement will be executed between the City and Sunshine For All, Inc. Proposed Action: Staff recommends approval of the proposed resolution allocating FY2009‐10 CDBG Public Services funds in the amount of $48,543.50 to Sunshine For All, Inc. It is further recommended that City Council Page 222 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 authorize the City Manager to execute an amendment to the sub‐recipient agreement with Sunshine For All, Inc. Attachment: • Sunshine For All’s Proposal for FY2009‐10 Additional Funding Page 223 of 311 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FORTY-EIGHT THOUSAND, FIVE HUNDRED AND FORTY-THREE DOLLARS AND FIFTY CENTS ($48,543.50) FROM THE FISCAL YEAR 2009–2010 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUND FOR THE PROVISION OF PUBLIC SERVICES FUNDS TO SUNSHINE FOR ALL, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN SUB-RECIPIENT AGREEMENT WITH SUNSHINE FOR ALL, INC., FOR ADDITIONAL FUNDING IN THIS AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, annually, the Department of Community Development makes available Community Development Block Grant (“CDBG”) funds for the provision of public services to City of Miami Gardens residents, and WHEREAS, these funds are made available to interested non-profit or communitybased organizations applying through a formal Request for Proposal (“RFP”) process, and WHEREAS, for fiscal year 2009 – 2010, an RFP was issued and on September 21, 2009 and the City Council awarded funding in the amount of Forty Thousand Dollars ($40,000.00) to Casa Valentina and Eighty Thousand Dollars ($80,000.00) to Sunshine for All, Inc., and WHEREAS, there is a balance of One Hundred One Thousand, Five Hundred Dollars ($101,500.00) for the funding of public service activities, and WHEREAS, Sunshine for All, Inc. (“Sunshine”) is a non-profit organization that delivers in-home meals to low-to-moderate income seniors who live in Miami Gardens, and Page 224 of 311 WHEREAS, eligible recipients receive one hot meal per day, five days a week, Monday through Friday, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, Sunshine is currently serving fifty-nine (59) clients in accordance with the contract previously awarded, and WHEREAS, in order to continue serving these fifty-nine (59) clients through September 30, 2010, an additional Thirty-Five Thousand, Four Hundred Seventy-One ($35,471.00) is needed, and WHEREAS, Sunshine also has fifty-eight (58) clients on its waiting list, and WHEREAS, due to the success of the Program, and overall client satisfaction with the service, City staff is recommending that an additional Thirteen Thousand, Seventy-Two Dollars and Fifty cents ($13,072.50) be awarded to Sunshine in order to begin servicing an additional ten (10) clients from the waiting list for the period beginning February 1, 2010 through September 30, 2010, and WHEREAS, this will bring the total number of clients being served to sixty-nine (69), and WHEREAS, City staff is recommending a total of Forty-Eight Thousand Five Hundred and Forty Three Dollars and Fifty Cents ($48.543.50) in additional funding to Sunshine for All, Inc. to continue services to fifty-nine (59) residents and for an additional ten (10) residents, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 225 of 311 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to allocate Forty Eight Thousand, Five Hundred and Forty-Three Dollars and Fifty Cents ($48,543.50) from the Fiscal Year 2009– 2010 Community Development Block Grant Fund for the provision of Public Services Funds to Sunshine for All, Inc. and further authorizes the City Manager to execute an amendment to that certain Sub-Recipient Agreement with Sunshine for All, Inc. for additional funding to continue service to the fifty-nine (59) residents and for an additional ten (10) low-to-moderate income seniors that reside in Miami Gardens to receive in-home meals. 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 JANUARY 27, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY Page 226 of 311 1 2 3 4 5 6 7 8 9 10 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 11 Mayor Shirley Gibson (Yes) ___(No) 12 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 13 Councilman Melvin L. Bratton (Yes) ___(No) 14 Councilman Aaron Campbell (Yes) ___(No) 15 Councilwoman Barbara Watson (Yes) ___(No) 16 Councilwoman Sharon Pritchett (Yes) ___(No) 17 Councilman André Williams (Yes) ___(No) Page 227 of 311 AMENDMENT # ONE (1) FY 2009‐10 CDBG CONTRACT BETWEEN THE CITY OF MIAMI GARDENS AND SUNSHINE FOR ALL, INC. The FY 2009‐10 CDBG Contract between the City of Miami Gardens and Sunshine For All, Inc. executed on October 1, 2009, is amended as follows: The sections that reads: FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $80,000 TERM OF THE AGREEMENT: October 1, 200910 through September 30, 2010 IDIS NUMBER (to be completed by the City): Shall now read: FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $128,543.50.00 TERM OF THE AGREEMENT: October 1, 2009 through September 30, 2010 IDIS NUMBER (to be completed by the City): ARTICLE 1, EXHIBITS AND DEFINITIONS is amended as follows: Exhibit C, Compensation and Budget Summary, is amended as indicated on the Exhibit C (attached). All other terms and conditions of the Agreement dated October 1, 2009, thereto shall remain in full force and effect. This amendment contains or has attached hereto all revised terms and conditions agreed upon by contracting parties. This Agreement Amendment is not effective until fully executed by all parties. Page 228 of 311 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT Luz Borges, Chairman of the Board Sunshine For All, Inc 2929 SW 3rd Avenue, Suite 340 Miami, Florida 33178 a Florida not‐for‐profit corporation ATTEST: _______________________________ By: Corporate Secretary Date Name: Date Title: SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: Ronetta Taylor Date Danny O. Crew Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ Taren Kinglee, Director Date Sonja K. Dickens Date Human Resources/Risk Management City Attorney Page 229 of 311 Page 230 of 311 Page 231 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: Community elopmen lock t (CDBG unds Dev Gran t B ) F 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 THE CITY MANAGER TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICES FUNDS IN THE AMOUNT OF ELEVEN THOUSAND EIGHT HUNDRED EIGHTY-FOUR DOLLARS ($11,884.00) TO THE CITY OF MIAMI GARDENS DEPARTMENT OF PARKS & RECREATION’S A SUMMER OUTDOORS CAMP; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Annually, the Department of Community Development makes available Community Development Block Grant (CDBG) funds for the provision of public services to Miami Gardens’ residents. These funds are made available to interested non‐profit or community based organizations applying through a formal Request for Proposal (RFP) process. For FY 2009‐10, an RFP was made available to the public on June 5, 2009. Nine (9) proposals were received, evaluated and scored by staff. The top four (4) scoring agencies were recommended to Council to receive funding and on September 21, 2009, Council passed the following two (2) funding awards: ITEM L-2) RESOLUTION PUBLIC HEARING Summer Outdoors Camp Page 232 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Case Valentina $40,000 Sunshine For All, Inc. $80,000 $120,000 Based on the total amount of Public Service Funds available for this fiscal year, there is a balance of $101,500 still available for funding of Public Service activities. Current Situation The City’s adopted 2006‐2011 Consolidated Plan identifies programs for youth and program for the elderly as top priorities. To that end, staff has attempted to recommend funding for programs that meet these established priorities. The Parks & Recreation Department’s A Summer Outdoors Camp was developed to enhance the quality of life for our teens by providing them with the opportunity to engage in positive outdoor experiences that will have lasting effects on their educational development. A Summer Outdoors Camp proposes to enroll up to 50 teens from Miami Gardens at the Teen Center at Scott Park. The Camp will run for 10 weeks beginning June 14 through August 20, 2010, Monday through Friday. The City has previously awarded CDBG Public Service funds to the Parks & Recreation Department for this program in FY2007‐08 in the amount of $19,776.55. The program served 20 unduplicated teens, for 10‐weeks in the Summer 2008, and was successfully completed. Therefore, staff is recommending that $11,884.00 of FY2009‐10 Public Service funds be awarded to the City’s Parks & Recreation Department for A Summer Outdoors Camp, which will serve up to 50 teenage youth, from June 14 to August 20, 2010. A resolution is required in order to allocate CDBG funds to the City of Miami Gardens Parks & Recreation Department. Subsequent to Council approval of staff’s recommendation, a Memorandum of Understanding will be executed between the City’s Community Development and Parks & Recreation Departments in which the scope of services, performance deliverables, and funding distribution will be outlined. Proposed Action: Staff recommends approval of the proposed resolution allocating FY2009‐10 CDBG Public Services funds in the amount of $11,884.00 to the City of Miami Gardens Parks & Recreation Department. Attachment: • Parks & Recreation Summer Outdoors MOU(FY2009‐10) • Summer Outdoors Program Work Plan Page 233 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICES FUNDS IN THE AMOUNT OF ELEVEN THOUSAND EIGHT HUNDRED EIGHTYFOUR DOLLARS ($11,884.00) TO THE CITY OF MIAMI GARDENS DEPARTMENT OF PARKS & RECREATION’S A SUMMER OUTDOORS CAMP; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens Department of Community Development allocates Community Development Block Grant (“CDBG”) funds to interested non-profit and community based organizations, and WHEREAS, the City’s adopted 2006-2011 CDBG Consolidated Plan identified programs for the youth and the elderly as a top priority, and WHEREAS, the City’s Parks & Recreation Department developed A Summer Outdoors Camp to enhance the quality of life of teens by providing positive outdoor experiences, and WHEREAS, City Staff recommends that Eleven Thousand Eight Hundred Eighty-Four Dollars ($11,884.00) be awarded to A Summer Outdoors Camp, which will serve up to fifty (50) teenagers, 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. 1 Page 234 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to allocate Community Development Block Grant (“CDBG”) Public Services Funds in the amount of Eleven Thousand Eight Hundred Eighty-Four Dollars ($11,884.00) to the City’s Parks & Recreation Department’s A Summer Outdoors Camp. 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 JANUARY 27, 2010. _________________________________ 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:_____________________ 2 Page 235 of 311 3 1 2 3 VOTE: _____ 4 Mayor Shirley Gibson (Yes) ___(No) 5 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 6 Councilman Melvin L. Bratton (Yes) ___(No) 7 Councilman Aaron Campbell (Yes) ___(No) 8 Councilwoman Barbara Watson (Yes) ___(No) 9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) 11 12 13 14 Page 236 of 311 Memorandum _______________________________________________________________________________ TO: Kara Petty, Director Parks & Recreation DATE: January 28, 2010 CC: Renee Farmer, Deputy City Manager Sonja Dickens, City Attorney RE: Parks & Recreation FY 2009-10 CDBG Funding (A Summer Outdoors) FROM: Daniel A. Rosemond, Assistant City Manager/Community Development Director The City of Miami Gardens Council approved the allocation of $11,884 in Community Development Block Grant (CDBG) on January 27, 2010 to the Parks & Recreation Department. The allocation is to fund “A Summer Outdoors” program to benefit low to moderate income youth. This memo serves to outline the parameters of the funding requirements as outlined by the Code of Federal Regulations (CFR’s). A sub-recipient agreement is being executed between the City and the other agencies also funded with CDBG. However, per the recommendation of the City Attorney, a memorandum of understanding between our departments would be more appropriate. Below are the specific terms that will govern your department’s use of the funds. Should you have any questions, please feel free to contact me. Your signature acknowledging acceptance of these terms is required. Funding Source: Community Development Block Grant Funds Amount: $11,884.00 Term: February 1, 2010 thru September 30, 2010 Attachments: Attachment A (Work Plan) Attachment B (Compensation and Budget Summary) Basic Requirements: Performance of services outlined in Work Plan and in accordance with applicable Code of Federal Regulations Compensation: The amount of compensation payable to the Parks Department shall be based on the rates, schedules and conditions described in Attachment “B” Financial Accountability: The Department of Community Development reserves the right to audit the program records of the Parks & Recreation Department at any time during the performance of this Agreement and for a period of three years after its expiration/termination. The Parks & Recreation Department agrees to provide all financial financial and other applicable records and documentation of services to the Community Development Department. Any payment made Page 237 of 311 FY 2009-10 CDBG Funding ($11,884) Parks & Recreation Dept. (A Summer Outdoors) January 28, 2010 Page 2 of 2 shall be subject to reduction for amounts included in the related invoice which are found by Community Development, on the basis of such audit, not to constitute allowable expenditures. Any payments made to the Parks & Recreation Department are subject to reduction for overpayments on previously submitted invoices. Other CDBG Program Requirements: The Parks & Recreation Department shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. Parks & Recreation Department shall also comply with the requirement and standards of OMB Circular No. A-87 “Cost Principles for State, Local, and Indian Tribal Governments.” Program income means gross income received by the Parks & Recreation Department which has been directly generated from the use of the CDBG Funds. Park and Recreation shall submit to Community Development monthly, a Program Income report and a Work Program Status Report. The Program Income Report shall identify CDBG activities in which income was derived and how income has been utilized. Any interest or other return on the investment of the CDBG Funds shall be remitted to the Community Development on a monthly basis. Upon expiration/termination of the Agreement, the Park Department must transfer to the Community Development Department any CDBG Funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. Accepted: Date: Kara Petty, Director of Parks & Recreation Page 238 of 311 Program Narrative Organizational Experience: The City of Miami Gardens was incorporated on May, 13, 2003, as the 33rd municipality in Miami-Dade County, and at a population of 105,457, it is the County’s third largest city after the cities of Miami and Hialeah. Miami Gardens is a vibrant and diverse city with a strong sense of community ownership, civic pride, abundant employment opportunities and cultural and leisure activities for its residents. The City strives to deliver superior services designed to enhance public safety and quality of life while exercising good stewardship through open government and active civic business and resident involvement. The Parks and Recreation Department has championed the City’s mission by providing quality services to the community. Currently, an After-School program for children ages 5-12 exists at ten parks and has 275participants. A Sports Development program is also offered throughout the year with 150-200 participants each session. In March 2006, the Department implemented programming geared towards the teenage population in our community by hiring a full-time Teen Coordinator to develop, research funding opportunities, implement, and monitor programs. The participants meet Monday-Friday and enjoy field trips, special guests, tutoring, and socializing. These local teens expressed an interest in having an interactive, fun-filled, yet educational summer experience. After being awarded a 2007 Community Development Block Grant, from the City of Miami Gardens Office of Community Development, we were able to launch our first Summer Outdoors Camp. If it were not for these grant funds 40 teens would have spent the summer idle at home. But instead the teens had unforgettable experiences in South Florida’s great outdoors. Organizational Structure: The Parks and Recreation Department is overseen by the Director of Parks and Recreation and an Assistant Director. The Recreation Division which includes programming, athletics, and aquatics is led under the direction of the Recreation Recreation Superintendent. The Teen Coordinator position is responsible for all development/implantation/monitoring of teen programming, marketing, and evaluation. Each park has a full-time Recreation Supervisor and part-time Recreation Aides that assist in implementing the programs. Program Objectives: Page 239 of 311 The City of Miami Gardens has a large number of teens who, while school is not in session, have a large amount of idle time on their hands. In addition, many of these teens have not had hands-on experiences with nature. The Parks and Recreation Department proposes to implement a second summer session of Summer Outdoors Camp for neighborhood teens. The purpose of this Summer Outdoors teen camp program is to enhance the quality of life through the professional delivery of experiences with the great outdoors. We are also dedicated to the health, safety, and enrichment of our program participants. This camp program helps to promote this objective by providing teens in our community with the opportunity to engage in positive outdoor experiences that will have a lasting effect on their educational development. The proposed enhancement to our camp program is a means to meet our objectives and goals we have set forth. Only by receiving funds from 2009 Community Development Block Grant will we be able to provide another special ten-week session this summer. These funds will assist us in enlisting special guest speakers and coordinate outdoor trips which will bring the concept to life for the participants, opportunities that they might otherwise not be privy to. Most of the populations that we are serving have never participated in such activities, and have not been made aware of both the life enhancement and career opportunities that are available through nature and outdoor environments. Teens enrolled in the program will have a greater appreciation for natural treasures around them. This program will raise the awareness of the teens, prompting them to share their knowledge with others in the community. Description of Program: The proposed program will enroll up to 50 teens from neighborhoods in and around the City of Miami Gardens and will be held at Teen Center at Scott Park. The program will run for ten weeks from June 14 – August 20, 2010 and will be supervised by our full-time Teen Coordinator. The camp will be open from 7:30am-6:00pm, Monday through Friday. The campers will go on field trips three-four days each week. Special guests will bring the great outdoors to them as well. A few trips will include visits to local and national parks, zoos, museums, beaches, Biscayne Bay, the Everglades, all while incorporating hands-on activities. (1) Parents will complete a registration form in order to enroll their child as well as an additional questionnaire that ensures participants meet the requirements of low to moderate income. (2) Parents will be asked to provide proof of income by submitting supporting documents such as tax information, pay stubs, and/or students’ free/reduced school lunch cards. (3) The Department will verify proof of residency. As an incentive for parents to submit these required documents, in order to qualify by the terms of the grant, parents will receive a discounted rate on weekly camp fees. We will track the use of Community Development Block Grant funds by purchase requisitions and invoices from field trips and special guest bookings. We will be able to provide participant attendance reports by requiring the campers/parents to sign in and out on a daily basis. Page 240 of 311 As a form of evaluating the success of the program, the participants will complete a pre and post questionnaire on quality of camp services and knowledge of our local natural resources as well as an end-of-the summer marketing project. Campers will choose one place they have visited during the program or one related subject matter to research further and create an audio or visual public service announcement (PSA) that would encourage their peers to appreciate our local natural resources. The presentations will be rated on informational content, creativity, and delivery. This Summer Outdoors Camp experience will allow participants to continue to increase their knowledge of the environment and tear away from the electronic games and television. With help of 2009 Community Development Block Grant funds, these experiences have the definite possibility of having lasting fond memories for the teens involved in the camp program. Page 241 of 311 Objective Goal Measurement Outdoor Field Experiences 1. Increase knowledge of the South Florida natural resources. 2. Increase number of new experiences of the South Florida natural resources among participants. 1. By August 8, 2010, 50% of participants will show an increase in knowledge about the environment 2. By August 8, 2010, the City will provide field experiences to at least 20 teens Career Exploration 1. Increase knowledge of the career opportunities. 1. By August 8, 2010 50% participants will show an increase of knowledge of career opportunities in the environmental arena. Teamwork and Presentation Skills 1. Preparation and delivery of end-of-summer project. 1. By August 8, 2010 80% of participants will present PSAs. Program Timeline: Page 242 of 311 March – Begin to develop camp logistics. April-Schedule special guests and schedule field trips. Begin to order supplies and materials necessary for camp. Registration will begin April 5, 2010. May-Finalize schedules and pre/post evaluation material. Camp registration will continue throughout the month of May. Summer staff training. June-The first day of camp is June 14, 2010. Begin to implement all activities. July-Continue to implement camp activities. August-The last day of camp is August 20, 2010. Completion of evaluation forms (campers and parents) and end-of-summer projects presented by campers. September-Submit final program reports to the Office of Community Development. Page 243 of 311 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 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: Community elopmen lock t (CDBG Dev Gran t B ) 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 THE CITY MANAGER TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICES FUNDS IN THE AMOUNT OF TWENTY EIGHT THOUSAND DOLLARS ($28,000.00) TO THE AFTER SCHOOL PROGRAM AT JPM CENTER AT MIAMI GARDENS DRIVE, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background Annually, the Department of Community Development makes available Community Development Block Grant (CDBG) funds for the provision of public services to Miami Gardens’ residents. These funds are made available to interested non‐profit or community based organizations applying through a formal Request for Proposal (RFP) process. For FY 2009‐10, an RFP was made available to the public on June 5, 2009. Nine (9) proposals were received and evaluated and scored by staff. The top four (4) scoring agencies were recommended to Council to receive funding and on September 21, 2009, Council passed the following two funding awards: ITEM L-3) RESOLUTION PUBLIC HEARING Public Service Funds to JPM Center of Miami Gardens Drive, Inc. Page 244 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Case Valentina $40,000 Sunshine For All, Inc. $80,000 $120,000 JPM Center at Miami Gardens Drive, Inc. (JPM) was one of the nine proposals received. Although their proposal received the fifth highest score, it was not recommended at that time due to the limited funds available for Public Services. Due to the fact that two of the four proposals recommended for funding were not approved by Council on September 21, there is $101,500 still available for Public Service activities. Current Situation JPM Center at Miami Gardens Drive, Inc. is a non‐profit, faith‐based organization located in Miami Gardens that administers an after school program to low‐to‐moderate income youth who live in Miami Gardens. The program focuses on engaging youth during the after‐school hours between 3‐6pm Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as teaching self‐esteem, effective communication skills, good good decision making techniques, anger management, conflict resolution and technical skills; all which build strong, solid character and values, as they become adults. In addition, parents/guardians of participants also receive training workshops on positive parenting styles, discipline techniques and communication styles. The City has previously funded JPM for this program in FY2008‐09 in the amount of $40,000. The program served 30 unduplicated youth, ages 7‐15, from October 1, 2008 through September 30, 2009, and was successfully completed. Through the JPM After School program, youth develop and improve their social skills, learn basic life skills and how to interact more effectively with peers, parents, guardians, and other authority figures. Furthermore, the City’s CDBG Consolidated Plan (2060‐2011) has identified public service activities that benefit youth and senior as priorities. Therefore, staff is recommending that $28,000 of FY2009‐10 Public Service funds be awarded to JPM’s After School program, which will serve 30 unduplicated youth, ages 7‐15, from February 1, 2010 through September 30, 2010. A resolution is required in order to allocate CDBG funds to JPM Center at Miami Gardens Drive, Inc. Subsequent to Council approval of staff’s recommendation, a sub‐recipient agreement will be executed between the City and JPM in which the scope of services, performance deliverables, and funding distribution will be outlined. Proposed Action: Staff recommends approval of the proposed resolution allocating FY2009‐10 CDBG Public Services funds in the amount of $28,000 to JPM Center at Miami Gardens Drive, Inc. It is further recommended that City Council authorize the City Manager to execute a sub‐recipient agreement with JPM. Page 245 of 311 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: • JPM Sub‐recipient Agreement (FY2009‐10) • JPM Program Work Plan • JPM Budget Page 246 of 311 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING TWENTY-EIGHT THOUSAND DOLLARS ($28,000.00) FROM THE FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUND FOR THE PROVISION OF PUBLIC SERVICES FUNDS TO JPM CENTER AT MIAMI GARDENS DRIVE, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, annually, the Department of Community Development makes available Community Development Block Grant (“CDBG”) funds for the provision of public services to City of Miami Gardens residents, and WHEREAS, these funds are made available to interested non-profit or communitybased organizations applying through a formal Request for Proposal (“RFP”) process, and WHEREAS, for fiscal year 2009–2010, an RFP was issued and on September 21, 2009 and the City Council awarded funding in the amount of Forty Thousand Dollars ($40,000.00) to Casa Valentina and Eighty Thousand Dollars ($80,000.00) to Sunshine for All, Inc., and WHEREAS, due to the fact that two of the four proposals recommended for funding were not approved by City Council on September 21, 2009, there is a balance of One Hundred One Thousand, Five Hundred Dollars ($101,500.00) available for funding of public service activities, and WHEREAS, JPM Center at Miami Gardens Drive, Inc. (“JPM”) was one of the nine proposals received in the original RFP, and WHEREAS, their proposal received the fifth highest ranking, and due to limited availability of funds, they were not recommended for funding at that time, and Page 247 of 311 WHEREAS, JPM is a non-profit, faith-based organization located in Miami Gardens that administers an after school program to low-to-moderate income youth who live in Miami Gardens, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the City has previously funded JPM for this program in fiscal year 2008–2009 budget in the amount of Forty Thousand Dollars ($40,000.00), and WHEREAS, the Program which served 30 unduplicated youth, ages 7 through 15, from October 1, 2008 through September 30, 2009, was successfully completed, and WHEREAS, staff is recommending that JPM receive funding in the amount of Twenty-Eight Thousand Dollars ($28,000.00) from the fiscal year 2009–2010 CDBG Public Services Fund, 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 allocate Twenty-Eight Thousand Dollars ($28,000.00) from the Fiscal Year 2009–2010 Community Development Block Grant Fund for the provision of Public Services Funds to JPM Center at Miami Gardens Drive, Inc. for its after school program for low-to-moderate income youth who live in the City of Miami Gardens. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 248 of 311 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 27, 2010. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _________________________________ 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: _____ 27 Mayor Shirley Gibson (Yes) ___(No) 28 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 29 Councilman Melvin L. Bratton (Yes) ___(No) 30 Councilman Aaron Campbell (Yes) ___(No) 31 Councilwoman Barbara Watson (Yes) ___(No) 32 Councilwoman Sharon Pritchett (Yes) ___(No) 33 Councilman André Williams (Yes) ___(No) Page 249 of 311 CITY OF MIAMI GARDENS, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day of February, 2010, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter referred to as the “CITY”) and JPM Center at Miami Gardens Drive, Inc., a Florida not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $28,000.00 TERM OF THE AGREEMENT: February 1, 2010 – September 30, 2010 IDIS NUMBER (to be completed by the City): ________ NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement. Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form). Exhibit F Crime Entity Affidavit Page 250 of 311 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community Development Block Grant Program. CDBG Requirements: The requirements contained in 24 CFR Part 570, Rule 9I of the Florida Administrative Code and as established by the City of Miami Gardens, Florida. Department: The City of Miami Gardens Department of Community Development. Federal Award: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. Low-and-Moderate A member of a low-or moderate-income family Income Person: whose income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing and Urban Development. 2 Page 251 of 311 ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY’S execution of this Agreement: 2.1 The Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUBRECIPIENT’S corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87 “Principles for Determining Costs Applicable to Grants and Agreements with State, 3 Page 252 of 311 Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110, Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and Custodial Requirements for Records), “F” (Standards for Financial Management Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122 and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations 24 CFR Part 35. 2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990). 2.11 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT’S Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 ADA Certification. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall begin on __February 1, 2010 and end on September 30, 2010__. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, 4 Page 253 of 311 procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION The amount of compensation payable by the City to the Project Sponsor shall be based on the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this reference is incorporated into this Agreement.” 4.2 INSURANCE: At all times during the term hereof, the SUBRECIPIENT shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Commercial General Liability in an amount not less than $300,000.00 per occurrence, $1,000,000.00 aggregate, protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an accident occurring on or about, its property. 5 Page 254 of 311 (ii) Automobile liability for all owned vehicles and for non-owned and hired automobiles in the amount of $300,000 combined single limit for bodily and property damage and/or split limits in the amount of $100,000/$300,000 for bodily injury and $100,000 for property damage. (iii) Workers' compensation insurance as required by the laws of the State of Florida. 4.2.2 All such insurance shall insure the CITY as the primary additional insured. The SUBRECIPIENT shall be required to furnish evidence of any other insurance coverage the CITY may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30 days prior written notice of termination, cancellation, expiration or modification, and all such policies shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grant of funds hereunder. The CITY shall be named as Loss Payee. 4.2.4 Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement. 4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as “Indemnities”) and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Subrecipient or its employees, agents or 6 Page 255 of 311 subcontractors, or (ii) the failure of the Subrecipient to comply with any of the paragraphs herein or the failure of the Subrecipient to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Subrecipient, or any of its subcontractors, as provided above, for which the Subrecipient’s liability to such employee or former employee would otherwise be limited to payments under state Workers’ Compensation or similar laws. 4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to the SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE: Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following audit requirements: 7 Page 256 of 311 5.1.1 If the SUBRECIPIENT expends $500,000 or more in the fiscal year it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the SUBRECIPIENT has complied with laws, regulations and the provisions of this Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor’s report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor’s report and the corrective action plan. The auditor’s report shall include: a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. b) a report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. c) a report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion) as to whether the SUBRECIPIENT complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. 8 Page 257 of 311 d) a schedule of findings and questioned cost which shall include the requirements of OMB Circular A-133. 5.1.2 If the SUBRECIPIENT expends less than $500,000 in the fiscal year it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the SUBRECIPIENT to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with CDBG Funds, including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted, obligated and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of the CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT may substitute evidence establishing that the person assisted qualified qualified under another program having income qualification criteria at least as restrictive as that used in the definitions of “low-and moderate-income person” and “low-and moderate-9 Page 258 of 311 income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a verifiable certification from the assisted person that his or her family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is a referral from any governmental agency that determines persons to be “low-and moderate-income persons” based upon HUD’s criteria and agrees to maintain documentation supporting those determinations. Such records shall include the following information: (i) For each activity determined to benefit low-and moderate-income persons, the income limits applied and the point in time when the benefit was determined. (ii) For each activity determined to benefit low-and moderate-income persons based on the area served by the activity: (a) The boundaries of the service area; (b) The income characteristics of families and unrelated individuals in the service area; and (c) If the percent of low-and moderate-income persons in the service area is less than 51 percent, data showing that the area qualifies under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii); (iii) For each activity determined to benefit low-and moderate-income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low-and moderate-income persons: (a) Documentation establishing that the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers, for which the regulations provide presumptive benefit to low-and moderate-income persons; or (b) Documentation describing how the nature and, if applicable, the location of the facility or service establishes that it is used predominantly by low-and moderate-income persons; or 10 Page 259 of 311 (c) Data showing the size and annual income of the household of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and singleheaded households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low-and moderate-income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in Subpart K of 24 CFR. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT’S records, including Project and programmatic records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the “Retention Period”). All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient to meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by 11 Page 260 of 311 the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this Agreement 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing both during the pendency of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. 6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, 12 Page 261 of 311 regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification is acceptable. At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT’s official policies on specified issues relating to the SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related-party transaction. The term “related-party transaction” includes, but is not limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT is responsible for appointing memberships. The SUBRECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. 13 Page 262 of 311 ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201. 7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides benefit to low and moderate-income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24 CFR 570.600-612). 7.8 The Subrecipient and its subcontractors shall comply with the Davis-Bacon Act, the Lead-Based paint Poisoning Prevention Act, and any other applicable laws, ordinances and regulations. 14 Page 263 of 311 7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for Non-Profit Organizations” and with the applicable requirements of 24 CFR Part 84 (the revised OMB Circular No. A-110). 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.200(j). In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities, as provided in 24 CFR Part 570.200(j). The SUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement. 7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility for initiating the review process under Executive Order 12372. 15 Page 264 of 311 ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the CDBG Program regulations. The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION, TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. 16 Page 265 of 311 If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded to the SUBRECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The Department may, for reasonable cause temporarily suspend the SUBRECIPIENT’S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT’S submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUBRECIPIENT’S authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for 17 Page 266 of 311 such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY’S funding source de-obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY’S funding source reduces the CITY’S entitlement under the CDBG Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the SUBRECIPIENT is not materially complying with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions 18 Page 267 of 311 hereof are not intended to be, and shall not be, construed to limit the Department’s right to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION. The SUBRECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUBRECIPIENT’S activities related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any persons acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney’s fees, expenses, and liabilities incurred by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in 19 Page 268 of 311 part, without the CITY’S prior written consent which may be granted or withheld in the CITY’S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami Gardens (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of the the same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within OMB Circular No. A-110. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 570.611 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 10.10 GENERAL CONDITIONS. 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery 20 Page 269 of 311 or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI GARDENS Daniel A. Rosemond, Assistant City Manager/Community Development Director Department of Community Development 1515 N.W. 167 Street; Bldg. 5, Ste. 200 Miami Gardens, Florida 33169 SUBRECIPIENT 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10.10.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 10.10.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10.10.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they 21 Page 270 of 311 shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the CITY. 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT’S governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with this Agreement and to provide such information as m 22 Page 271 of 311 23 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT a Florida not-for-profit corporation ATTEST: _______________________________ By: ___ Corporate Secretary Date Name: Date Title: ________________________ SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: ___ Ronetta Taylor Date Danny O. Crew Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ ___ Taren Kinglee, Director Date Sonja K. Dickens Date Human Resources/Risk Management City Attorney Page 272 of 311 Page 1 Program/Service Plan/Logic Model Activities/Services Name and Description:. Outputs: Direct products of program activities/efforts # Participants # of Sessions Delivered Workshop and Seminars • Self-Esteem – 1-hour session dedicated to teaching the essential skills of increasing self-esteem using class exercises, at-home study, and evaluation tools. Inclusive of Performing Arts Enrichment Classes to bolster confidence and Interpersonal Skills. Sessions taught weekly. • Anger Management and Conflict Resolution – 1-hour session dedicated to teaching the basic principles of anger management and conflict resolution; alternatives to physical altercations; tools for selfcontrol. Sessions taught weekly. • Money Management and Budgeting – 1 hour session using practical exercises that will teach the fundamentals of planning a budget, creating a short term and long term financial plan; saving for the future; the importance of the credit report. Sessions taught weekly. 30 30 30 1 hour sessions once per week 1 hour sessions once per week 1 hour sessions once per week Life Skills Workshops • Biweekly Life Skill group activities deter anti-social behavior for participants enrolled by age groups. Students participate in character education teaching tools using “Botvin Life Skill Series” The Value of Good Health, Anger Management, and Healthy Communications. These sessions are designed to be interactive for the students and will allow them to share honestly about real life situations and how the right decision can change the outcome 30 1 hour session Bi-weekly Daily Activities • Daily assistance with homework assignments; academic support of math and reading tutorial assistance • Daily assistance for participants in developing computer skills with educational software to enhance Reading and Math literacy, Internet Research Instructional, students are encouraged to type school assignments as required to become comfortable and familiar with various software programs. 30 30 Daily homework assistance Daily computer skills assistance Page 273 of 311 Page 2 Outcomes Expected benefits for participants during and after program activities. These may be initial, intermediate or long-term (see instructions for detailed definitions). Indicators Evidence or information that tells you whether a program is achieving its intended outcomes. Present the information in the number and percent of participants who attain the outcome (may be more than one indicator per outcome) Data Source/Measurement Tool Identifies where the data are obtained (what and from whom). For example, information can be obtained from program records; participant survey; trained observers; specific tests) Data Collection & Management The methodology that will be used to collect and manage the data. Answers the questions by whom, what, where, when, why and how the data are collected, organized, stored and analyzed Youth will understand the concept of positive choices and learn strategies for making them. 45% or 14 adolescents will be able to make better choices in the first six months of the program in the following areas: • Peer Involvement • Conflict Resolution At the completion of the program, 70% or 21 participants will be able to make better choices/decisions in the following areas: • Peer Involvement • Parent/Caregiver involvement • Academic/Career Choices Program session will include situational exercises, which will allow each participant to experience actual circumstances that will allow them to exercise their decision-making skills and evaluate the outcome in the class sessions. Data will be collected through written pre/post assessments, assignments, and class interaction. Parent/relative caregiver and adolescents will improve communication with each other and other adults. 45% or 14 of the adolescent/parent/relative caregiver relationships will result in improved communication in the first six months of the program At the completion of the program, 70% or 21 of parent/caregiver will attend at minimum of 2 sessions together • 70% or 21 of parents/caregivers will report of improved communication • 70% or 21 adolescents will acknowledge better communication Information will be obtained from attendance records, observers, class interaction and finally from situational exercises. Data collection will include: • Parent/adolescent/instructor interaction • Surveys • Pre/Post Assessments Youth will improve school performance and attendance of program participants through homework assistance and academic support. • 70% or 21 of the program youth will show an improvement in school performance and attendance Information will be obtained from attendance, parents/caregivers and school personnel Data collection will include: • School attendance and academic reports • Progress Reports Page 274 of 311 Staff Monthly Report December 2009 -January 2010 CITY MANAGER • Met with representative of Channel 7 regarding future of their tower site on NW 207th Street and their shopping center at 199th & US 441. • Continued Work on the City Hall project with the City’s consultant and attorneys. • Worked with ATS (Red Light people) and property owner on site issue. • Worked with North Miami Beach on Water Plant issue. • Worked on revisions to the employee manual. • Completed the term sheet with the City’s consultant and the proposed developer. FINANCE DEPARTMENT (Patty Varney) 1. Submitted to Council and City Manager November financial report and analysis of major variances. 2. Completed year-end closing for fiscal year 2009 and remitted the trial balance to the auditor as scheduled on December 21, 2009. 3. Met with audit partner and audit manager on January 4, 2010from Harvey, Covington & Thomas, LLC to prepare the annual audit. 4. Completed the reconciliation of the CDBG Program revenue and expenditures of the past three years. 5. In progress to finish open items that need further research for credit card reconciliation for expenses incurred in FY 2009. 6. Implemented procedure of how to handle wire transfers expenditures input into Eden, the accounting software. This is needed to avoid error input that may result in the issuance of a live check. HUMAN RESOURCES (Taren Kinglee) • Inputted and reconciliation of 2009 open enrollment changes • Annual review with representative of insurance products provided by Florida League of Cities Page 275 of 311 ITEM M-1) REPORTS Manager Report • Reviewed validity of employees driver’s licenses • Meet with Parks staff regarding recruitment and staffing for new community center • Conducted additional fire extinguisher inspections • Consultation with outside council through Florida League of City regarding pending litigations including deposition for cases. • Responded to several public records request. • Held several meetings with department supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to salary/benefit surveys, etc. Monthly Statistics Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 704 366 371 250 Positions Advertised 7 5 5 2 Interviews Conducted 60 54 37 68 Pre-employ Physicals 27 8 18 9 Background/Reference Checks 10 9 4 167 New Hires 13 8 2 2 Workers Comp Claims 22 18 7 15 Exit Interviews 1 2 1 1 Promotions 4 1 0 0 DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) Police Department/School Crossing Guard orked with staff re: the following: Super Bowl Planning ss ess W •• Hurricane Preparedne • UASI Grant application • Red Light Camera Busin • Byrne Grant reporting Page 276 of 311 Building and Code Compliance orked with staff to advance the following projects: programs: t nt File Audit 2007-2009 iew of results ther W• Worked with staff to develop procedures for new o In depth analysis of Building Department Issues o Staffing/workflow analysis of Building Departmen o Revenue review o Building Departme o Special Events Permitting o Re-occupancy quarterly rev O Miami Gardens Code of Ordinances Codification project lan application articipated in the following Meetings/Committees (outside agency meetings): • UASI Meeting POLICE DEPARTMENT •• Census • Strategic P • USAI 2010 Grant • Red Light Camera Easements P (Chief Matt Boyd) olice Department Staff P OTAL BUDGETED POSITONS: 257 Chief hief rs Aides tors tary nts /Off Duty nalyst TTOTAL HIRED TO DATE: 255 • 1 • 1 Deputy C • 3 Majors • 9 Captains • 28 Sergeants • 157 Police Office • 11 Community Service • 16 Telecommunications Opera • 2 Telecommunications Supervisors • 1 Telecommunications Manager • 1 Records Supervisor • 4 Records Clerks • 1 Executive Secre • 5 Administrative Assista • 2 Property Control Officers • 1 Facilities Manager • 1 Custodian • 1 Court Liaison • 2 Crime Analysts • 1 Administrative A • 1 Investigative Assistant Page 277 of 311 • 1 Crime Scene Supervisor RRESTS • 5 Crime Scene Technicians A : 84 OTAL ARREST 667 CITATIONS • FELONY • MISDEMEANOR 232 • TRAFFIC 244 • DUI 09 • WARRANT 98 T : • MOVING 968 OTAL 2419 FIELD INTERVIEW CARDS 1798 TOTAL CALLS 8095 upport Services Division roperty and Evidence • NON-MOVING 1197 • PARKING 254 TREPORTS WRITTEN 2454 TRAFFIC CRASHES 268 S P : 299 -Property Receipts Processed _5 -Property Receipts Rejected 22 -Property Released 46 -Property out to Lab 0 -Property to be Disposed 8 -Lab Runs to MDPD $1,455.50 -Cash Impounded 15 -Firearms Impounded *not counting CSI direct delivered to lab. ecords Unit: R Reports Processed 2,396 /Walkup Requests at Window 947 /Mail Logged In 499 /Fingerprints 55 /Background Checks 42 /Amount Collected At the Window $129,849.85 Communications Unit: CAD Calls = 9,920 /Phone Calls = 8,537 /FCIC Entries = 225 Training hours = 0 Overtime Hours = approx: 277.5 Court Liaison and Off-Duty: 778 subpoenas stamped and placed in the officers’ mailboxes. Page 278 of 311 308 off duty personnel processed and entered into Eden for payroll processing. the officers’ mailboxes. rofessional Standards Division ternal Affairs: 6 off duty vendor requests processed. 58 dispositions stamped and placed in P In nts Initiated: Case #2009-035 Case #2009-037 RAINING: • Four Complai Case #2009-036 Case #2009-041 T ttended: 18 /Civilians): 43 ttendance at FDLE Justice, Standards and Training Commission Meeting. vestigations Division rrests – Total: 318 116 d – 25 lue 2,500 480 + 5 UNF) Scene Investigations Unit-124 CODE ENFORCEMENT (Roderick Potter) • Code Compliance management met with Emily Markez of the Humane Society Conducted the weekly Code Compliance Management meeting. Conducted the Laser-fiche Demo for the Deputy City Manager. City Holiday Party at Calder. Code & Building Director’s attended a site visit at City of Palm Bch. Gardens for • Classes A • Hours Taught: 1814 • Participants (Officers A In AFelonies – Misdemeanor – 142 Truants Returned-3 U.S. Currency Seize $0 Vehicles Recovered – Vehicles Recovered Va -$48 Vehicles Processed-15 Property Recovered Value-$7,700 Firearms Seized – 2 Search Warrants 3 Total Cases Assigned Closed 169 ( 2 Rate 37.14% Scenes Processed by Crime regarding property at 3441 NW 191 St. • • • • Eden demo. Page 279 of 311 • Code Supervisor’s attended the NFL counterfeit training Session. Code Compliance Division Director attended the South Florida Super Bowl Host Code Staff attended the Gold Coast Association for Code Enforcement Meeting Division Director and Licensing Manager met with Dynacolor to present the Code & Building Director and Division Director attended a conference call meeting Code Management and Licensing staff attended the Florida Association of Facilitated an Unsafe Structure Training for the Housing Inspectors. Code Compliance Division hosted a National Crime Stoppers Seminar, given by Division Director and the License & Housing Manager met with IT Director to Conducted a field ride-along with the KMGB Director and City Engineer for review Conducted monthly field zone review with Code Compliance Supervisors. Conducted monthly Code Compliance Departmental Meeting. Completed file destruction project with Deputy City Clerk. Attended the EDEN Users Group monthly meeting. Code Compliance provided enhanced coverage for the FEDEX Orange Bowl taff Development: Trainee Officer Janice Blackman obtained her FACE Level I certification. Code & Building Management Team attended SMART Training. 1 Code Trainee Officer took retest for FACE level 1 certification. All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) • Committee Transportation Meeting. • and Holiday luncheon. • Citizens’ Guide to Code Compliance. • with Evelyn Rolfe. • Business Tax Officials meeting. • • the National Crime Stoppers Program. • streamline Customer service efforts regarding the phone system. • of the commercial property locations maintenance project. • • • • • game. S • • • • network and training. Page 280 of 311 • Conducted monthly general staff meeting and weekly management staff meeting. Code Compliance Staff attended Eden Follow-up Notification Training. icensing Stats • L Sept 09 Oct 09 Nov 09 Dec 09 nts 1 ts 48 19 6 18 5 d ODE Stats: New Business Tax Receipts 61 26 25 31 New Certificates of Use 55 23 22 28 New Alarm Permit Accou 13 63 53 61 New Landlord Permit Accoun 9 3 6 6 Business Tax Receipts Issued 7 6 7 3 Certificates of Use Issued 429 169 63 159 Alarm Permits Issued 98 88 19 413 Landlord Permits Issue 26 21 4 2 C Sept 09 Oct 09 Nov 09 Dec 09 eceipt Use Inspections 78 47 33 49 4 4 2 2 ued earings Business Tax R Inspections Certificate of 78 47 33 49 Landlord Permit Inspections 44 45 45 11 Warning Notices Issued 68 30 29 17 Civil Violation Notices Iss 129 121 121 129 Re-Inspections 323 405 337 305 Special Master H 23 17 32 11 Massey Hearings 44 16 30 26 Lien Reduction Amnesty 31 38 32 31 3 2 1 1 ays oved 70 63 73 56 y CEOs 8 1 15 13 s-MGPD 2 1 Tagged 3 7 1 1 Request Hearings Extension Requests 7 16 12 10 Complaints Received 21 19 28 90 Proactive Cases 249 319 129 84 Cases Closed Within 30 D 149 176 133 102 Cases Closed Within 60 Days 2 12 6 15 Cases Closed Within 90 Days 5 14 3 2 Special Operations-Code 1 7 3 2 Special Events 1 0 0 2 Illegal Signs Rem 8 8 9 6 Phone Calls Received b 190 224 218 213 Parking Tickets Issued 7 21 6 7 Lien Searches 5 21 7 6 Joint Operation 1 2 3 0 PD Requests for CE 5 2 4 9 Storm water Postings 0 0 0 0 Abandoned Vehicles -6 6 8 0 Abandoned Vehicles -Towed 1 3 1 0 Page 281 of 311 Housing Stats Nov 09 Sept 09 Oct 09 Dec 09 Re-occupancy Inspections Administrative Foreclosure Inspections 05 40 22 37 5 47 4 SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) asks Completed: ntation of New Hires (01/15/10) eetings Attended: w/DCM Renee Farmer 01/04/10 -01/08/10 d) eetings scheduled: ruary 1, 2010 isc: Car Seat Safety Class was held in the Council aturday, December 19, 2009-The School Crossing Guard Division hosted a Car mployee Incident Reports: erminations: 0 Resignations: 0 New Hires: 9 ASSISTANT CITY MANAGER (Vernita Nelson) T• Training and Orie M• Departmental mtg. • Director’s Mtg.-01/11/10 • SCG Employee Staff Mtg. • Agenda Review/Staff Meeting – • CTST Meeting-01/04/10 (cancelle M• CTST Meeting – Feb MFriday, December 18, 2009-Chambers 84 people attended including the school crossing guards. S Seat Safety Event in partnership with Buckle up for Life. Approximately 31 families were educated on child passenger safety. 7 car seats were checked and 24 were issued and properly installed. E• Total: 0 T • Media & Events Division – Working with Staff on details regarding the MLK apital Improvement Projects Department – Continue to assist with capital projects plan tied to new funding constraints. Celebration; Working with staff, production and sponsorship contractors to prepare logistics for the Fifth Annual Jazz in the Gardens festival; Working with city staff and the Progressive Young Adults Committee members on Census 2010 “Be Counted” public awareness campaign. • Cimprovement projects; Working with staff on the substantial completion of the Miami Garden Community Center; working with staff to develop a five year capital Page 282 of 311 e Initiative – Year 3 grant cycle is coming to a close on January 31st. Meeting with Trust staff to discuss contract sist the management team with reorganization and implementation of operational processes and practices that will streamline/improve mployee of the Month Program; working to pdate the management communications COMMUN nd presentation to be given in the community. to the; “Ambassadors for Aging Day” to be held in Tallahassee, Fl. -March 10, 2010. picked up for Haitian Relief. g meetings for the Employee Annual Heritage Celebration to be held during the Black History Month. b a i n, held January 18, 2010. d with the service of providing U.S. Passports to citizens. ibution centers. • Miami Gardens /Opa Locka Youth Violenc extension. • Public Works Department – As communication and accountability within the department; • Weekly Department/Division Meetings City Manager’s Office – Oversight of the E uITY OUTREACH (Lillie Q. Odom) • Arranging Historical workshops a • Coordinating with the Parks & Recreation Department to transport some seniors • Assisting the elderly in the city, who are contributing and requesting items be • Conducting and coordinatin • Provided volunteers for Dr. Martin Luther King’s Cele r t o • Assiste • Continue to Replenish the National Discounted cards at the distr Community Meetings attended o January 4, 2010 -Attended Bethel Life Center Seniors during their insurance seminar. 2010 -Attended Bunche Park Senior Club Meeting to inform them of the upcoming events and to acquire volunteers. t-reach area. ing Transportation Conference. Agenda included discussion on the most dangerous locations for eting; plans in progress to have the Annual Heritage Luncheon on February 26, 2010-12-2:30 pm. o January 8, o January 11, 2010 -Bi-weekly meeting for the Ou o January 13, 2010 – Participated in the Alliance for Ag elderly Pedestrians in Miami Dade County. Planning for modifications on intersections is currently underway. o January 14, 2010 –Committee’s me Page 283 of 311 o January 15, 2010-Attended a meeting with World Care, Inc.; plans for the Haiti Relief were discussed. nded the monthly Elderly Affairs Meeting, held in the City Conference room at 3:00 pm. he monthly Miami Gardens Commission for Women meeting, held in the city council Chambers at 6:30 pm. follow-up for the seniors in Miami Gardens that are registered in the; “Seniors Home Alone MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) o January 20, 2010 -Atte o January 20, 2010 -Attended t o January 21, 2010 -Follow-up meeting of the heritage committee. o January 21, 2010 – met with Switchboard of Miami to discuss a Program”. Newspaper. The December issue is available online at www.communitynewspapers.com • Completed the January issue of the Community . At present we are working sus team, comprised of Jay Marder, Antranette Pierre and Ula Zucker is working diligently to get the City of Miami Gardens counted in the the Gardens artists have been finalized. Artists include Mary J. Blige, Robin Thicke, John Legend, Joe Sample, K-Jon, Tina Marie, Melanie Fiona, ay, January, 18th 2010, was a success. Approximately 7000 people were in attendance to share in the festivities on the February issue. • The Miami Gardens Cen 2010 Census. The City presented a Census information booth at the MLK celebration, providing attendees with information about the 2010 Census. Other promotions include those mentioned previously and will be including in report by Jay Marder. • 2010 Jazz in Cassandra Wilson, David Sandborn and Boyz II Men. Tickets are currently on sale through Ticketmaster. To date over 10,000 tickets have been sold. During the third week of January we will kick off the next promotional ticket sale campaign. Also we are no longer accepting food vendor applications as we now have a waiting list. Visit Ticketmaster.com for ticket or the Dolphin Stadium box office. Also visit jazzinthegardens.com for tickets and information. • The 6th Annual MLK Celebration held on Mond featuring T-Pain as the headliner entertainment, sponsored by 99 JAMZ. Other artists participated in the event, including dance and music performers from South Florida. Event participants enjoyed free rides and activities, face painting, and a number of other free promotions at the event. Approximately 30 food and merchandise vendors participated. Thanks to the MLK committee and over 100 volunteers, we were able to successfully produce a great event. A number of other MLK activities and events were held prior to the main event, including Art, Oratorical, Poetry and Break-Out Artists Contests. Winners were awarded cash prizes. Sponsors this year included 99 JAMZ, Humana, The Children’s Trust, Drummer Boy Sound and Pepsi which sponsored the Haitian Relief Effort held in Page 284 of 311 conjunction with the celebration in the park. For more information visit www.miamigardensmlk.com • Recruitment information for the Miss Miami Gardens Scholarship Pageant has been distributed throughout the City, including local high schools and universities. Staff and several of the young women who participated in previous pageants have been on high school and college tours to directly meet and recruit young women for the pageant. Four informational sessions have already been conducted. In total five young women have signed up for the pageant. Judges for this year’s event have almost been finalized. Former Miss America and Miss Florida Ericka Dunlap has been invited and has been confirmed her participation in the pageant. For more information about the pageant and the information sessions, please visit the website at www.missmiamigardens.com • Collaborated with the Parks and Recreation Department to coordinate the Annual Our public relations efforts are ongoing. Please see the Community Outreach PURCHASING ((Pam Thompson) Holiday Mike McKenzie & Rick Ross Food & Toy Giveaway. Over 250 complete meals were donated and over 500 toys were distributed to children in the community. • Department for press clippings, pictures or items of the sort. We are also placing advertisement and purchasing media for other departments. 1. Prepared and issued six bid/RFP: Court t nt . Prepared and issued four quotations: – CDBG) rks Buildings . Preparing specifications for the following: aintenance of FHWP roads s ed 269 Purchase Orders Home Rehabilitation 18135 NW 25th Purchase Sports Equipment Purchase Sports Uniforms Purchase Fitness Equipmen Purchase Auditorium Equipme Fitness Center Management 2 Environmental Testing services (Lead Additional uniforms – Bldg. Printing letters – P&R Generator Hook-up Pa 3 Annual Contract for Storm Drain & Canal M Installation of Security System – City Hall LAP projects B – sidewalks & resurfacing Home Rehabilitation 1140 NW 185th Terrace Annual Contract for Emergency Board-Ups Annual Contract for Concessionaire Service Purchase of Football Protective Gear Installation of Laptops in PD vehicles Purchase of Football Equipment 4. Issu Page 285 of 311 5. Continue to maintain Fixed Assets (ongoing) . Continue to order and assist with auditing fuel card program . Continue to train and assist City staff on Eden software . Continue entering contracts into Contract Management (ongoing) . Continue assisting vendors with on-line vendor registration Bids & Quotes – bid 0. Updating the Procurement Web Page FORMATION TECHNOLOGY (Ronald McKenzie) 6 7 8 9 vendors (ongoing) 1 Purchases $25,000-$50,000 Date Vendor Service/Project Amount 12/4/09 Electrical Contractors Musco Fixtures – Rolling Oaks Park Tennis Courts $27,490.00 12/30/09 CDW-Government Cisco Smartnet Renewal $28,669.50 12/04/09 E’lyse Group JIG $32,500.00 12/21/09 Westin Diplomat JIG $33,480.00 12/21/09 Avaya City Phone System yr maint $33,933.72 12/21/09 Create Construction Home Rehab 880 NW 178 Terr $33,933.72 12/21/09 A-1 Construction Home Rehab 19635 NW 5th Ave $39,880.00 12/21/09 Atlas Development Home Rehab 21025 NW 38th Ave $44,549.80 12/3/09 Maroone Chevrolet PD fleet $44,904.00 12/21/09 Kush Touring JIG $45,000.00 12/21/09 Garber Ford PD fleet $48,916.00 12/7/09 Delcons Home Rehab 18820 NW 8 AVE $67,015.00 12/21/09 Creative Arts Agency JIG $75,000.00 12/21/09 Mary Jane Prod. JIG $100,000.00 IN IT Dept Overview his Status report covers the activities of the Information Technology Department for ificant Accomplishments Significant Accomplishments T the period from 01/06/2010 through 01/20/2010. It is organized into the following areas: • Sign • Significant Issues • Schedule Status • Travel Activity o Page 286 of 311 􀂃 Ricardo Castillo successfully passed various Microsoft class and completed his n, design and launch of new Census website for Miami r Plan for Miami Gardens Community Center project. CIP Microsoft products. Training was held d began receiving hardware for MGCC project. monitors and PCs. e ally wanted to deploying new AT&T aircards to PD officers. Will continue slow eploying Kaspersky anti-virus software for laptops, desktops and d some t with Microsoft Communicator. MCITP certification. 􀂃 Completed acquisitio Gardens. Acquired websites cmgcensus.com, cmgcensus.org and cmgcensus.net. All three sites resolve to our current page and allow users to interact with the website. P&Z will send out memo to Council and put blurb in community papers. 􀂃 Submitted IT Maste has rolled it into the Master Schedule. IT Schedule serves as a milestone in the path of many other items for the project. 􀂃 Continued employee training for various in Basic Computer Skills and Excel. Additional classes for basic computer skills and Excel will be help for Public Works, SCG and Parks in January and February. 􀂃 Ordered an 􀂃 Sold, via action on Demand Star, many IT assets to include This allowed us to clean up and properly dispose of many out of date items. 􀂃 Made additional changes to the Bldg Dept menu. They are requesting a tim of day menu now. We will incorporate that into their queue also. 􀂃 Met with Code Enforcement about their phone tree. They origin have their message recorded in Creole, English and Spanish. After discussing it in its entirety, it was discovered that we did not have the staff to support such a set up. 􀂃 Continued rollout until aircards have been divided into a 50/50 split between AT&T and Verizon. 􀂃 Began d servers. Trend Micro (the previously used antivirus solution) was not catching all the threats. We have competed about 60% of the cities assets. Process for rolling it out to all devices expected to be completed by the mid March. 􀂃 IT Team continuing their testing of Windows 7, MS Server 2008 an virtualization products, in preparation of capacity planning and creating a more efficient environment. 􀂃 IT Team running a pilo Page 287 of 311 􀂃 Continuing work on new website. Expected to roll out NLT Mid February. Delays have been caused due to new website launch for Census and various updates to different department sites. 􀂃 Continued working with P&Z to work on installing CASS system for checking and correcting all addresses in EDEN. Still working to remove all errors but the potential for clearing up our address database looks promising. 􀂃 Working on a weekly basis with Bldg Department to clean up fee structure and routing for permit processes. 􀂃 Worked with Procurement and completed bidding process for 100 laptops for the Police Department to replace the older and malfunctioning Motorola laptops. Approval on ordering the laptops will go before Council on 1/27/10. 􀂃 Continued regular Meetings with CIP, Park and Architects on AV system and Security system for MG Community Center. 􀂃 Conducted interviews for joint Admin, to be used by both IT and Procurement. Both Pam Thompson and I were on the interview panel. We selected a candidate. She She will start on Feb, 1, 2010. 􀂃 Found candidate via interviews held for Web Master Position. Current consultant serving as our web master, Sean Williams was selected. He is currently going through the background check. 􀂃 Ordered Furniture for Police Department IT Computer room and IT staff Office. 􀂃 Successfully installed upgrade to OSSI. o Significant Issues 􀂃 Motorola laptops continue to break down at an alarming rate. Waiting on approval by Council, so that we can order the new Dell Laptops. Once approved, I will order them in sets of 50 to keep order and maintain space for deployment. 􀂃 Continue to have issues with the TOPS application in EDEN. This has caused a stoppage in automatic sending of faxes when POs are created and causes some users not to receive their pay stubs via email. o Schedule Status 􀂃 Working with Team Positive and the personnel in our Director’s Meeting to set a culture for the city via the “Our Promise” campaign and valuable information we accumulated from the Leadership training session with John Spence. Page 288 of 311 o Travel Activity 􀂃 Mario scheduled to attend MCITP – Technician training in February. 􀂃 Sylvia scheduled to attend MCITP-Technician training in March 􀂃 Ricardo currently attended MCITP recertification in January. 􀂃 Ron and Tristan scheduled to attend APCO (Association of Public Safety Communications Officials) conference at the end of January 􀂃 Ron and Tristan scheduled to attend FLGISA conference and CCIO Module III training in Orlando first week of February. 􀂃 Mario and Chas attended one day seminar on MS Office 2010 in January. 􀂃 Chas scheduled to attend INAAU ( Avaya Users Group) Conference in April. PUBLIC WORKS DEPARTMENT (TOM RUIZ, DIRECTOR) 1. Staff continues to clean and maintain bus bench areas throughout the City, which at times warrant changing old and worn out containers. 2. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. We are also spraying curbing and paved medians for weed control. 3. Two streets crews continue to repair sidewalks throughout the City. 4. Staff continues to trim and prune trees citywide, especially during this hurricane season. This also gives residents an added security. 5. We are working towards cleaning and vacuuming all storm basins and drainpipe city wide. 6. Public Works issued 6 permits of which 2 for driveways and 4 utilities. 7. Solo Construction Corporation continues working at the “Neighborhood Improvements-Kings Garden I & II” construction project. The drainage will be completed before the end of January. The contractor is continuing to pave the alleys. The project is scheduled to be completed by the end of February. 8. On January 13, 2010 the City of Miami Gardens received notice to proceed for last project (LAP Roadway Improvements ARRA). The Local Agency Program (LAP) agreement is signed and our City was fully authorized to proceed to advertise this project. The open bids for the first two projects took place on January 12, 2010. 9. Staff is continuously working with Turnpike Authorities on communicating communicating and assuring minimum impact on the community during the construction of the noise wall. The installation of the panels began on January 14, 2010. City of Miami Gardens granted the contractor’s request to allow road to remain closed and work around the clock (24 hrs/day; 7 days/week) until completion. City required Page 289 of 311 installation of light plants to illuminate work zone area, 2 flaggers and VMS boards must be operating. On January 19, FPL is scheduled to de-energize the street lights east side and on January 20 the equipment will be mobilized and start the drilling operations will begin. 10. The City of Miami Gardens Council approved a budget of $371,207 in America and Reinvestment Act of 2009(Recovery Act) Community Development Block Grant funds in May 27, 2009. The budget included $ 128,405.00 to fund drainage improvements in the Bunche Park Neighborhood Revitalization Area that Public Works will carry out. This project will cover NW 161from NW 26 Avenue to West Bunche Park DR and 162 Street from NW 26 Avenue to NW 162 Street Road. The 60% design plans are in process to be reviewed. The design is estimated to be completed at the end of January 2010. 11. On December 17, 2009, Staff attended the ARRA Road Stimulus Pre-bid. FDOT representative was present. 12. The Director met with City Pastors to give them an update on NW 7 Avenue Road Improvement Project. 13. Management staff attended the 2012 Transportation Improvement Program Workshop with our Planning and Zoning Department on January 7, 2010. 14. On January 13, 2010, the Director met with Miami Dade Transit’s Project Manager for the Transit Stimulus Projects. The project is moving forward with the County Bidding out the elements and the City will manage the contractors. 15. The NW 7 Avenue Road Improvement Project Plans are close to completion; however, the County has now changed the project to eliminate two round-abouts that was originally approved by them. The City is now fighting to keep them in the project. With this delay, the project will not meet the date to start right after the Superbowl. 16. Staff met for final review of the Miami Gardens Drive Landscaping Project -2nd phase (Project is between NW 27 Avenue and NW 47 Avenue on NW 183 Street) plans and make any additional comments to be forwarded to Calvin, Giordano & Associates. Calvin Giordano & Associates will be submitting the landscaping plans to FDOT, DERM, and WASD for review. 17. On January 4, 2010, Luis Mendoza, Public Works Inspector started his employment. He comes from the City of North Miami Beach. He is very familiar with our City since he used to also inspect work in the City. Keep Miami Gardens Beautiful UCF Grant • Currently writing grant Captain Planet Foundation Grant • Currently writing grant Page 290 of 311 KAB /FDOT Grant • $13,000 • Awarded Winter Beautification Award • Winners have been selected Arbor Day • Planning events MLK Day • Planning completed • Event will be held on 1/16/10 Green Up Clean UP Day • Countywide event. 1/23/10 • City has selected Norwood Elementary school for volunteer planting effort Landscape Maintenance • 441-North Side-the first 5 medians have been fully landscaped with drought resistant material (bougainvillea, green island ficus, red tipped coco plums and variegated aboricolas). Plans are in the works to plant out the next few medians. • 100 cassia trees will be delivered this month for street tree planting • Installing 200 southern magnolia trees in residential areas Punch list items for Super Bowl • Crews are currently working to complete Installation of water features on NW 27 Avenue and NW 215 Avenue • Cooperative effort with Miami-Dade County, Calder Race Course (has agreed to pay for half of the cost of the fountain) • Submitting Miami Dade permit for approval • Electrical service is currently being installed Florida Turnpike Authority • Working with F.T.A to have $25,000 worth of Royal Palms planted at the entrance to turnpike near Dolphin Stadium in time for Pro Bowl and Super Bowl. Has been Approved by FTA – currently installing palms • Working with FDOT to have increase landscape in area they remove palms and trees along 7th Ave extension. – should be installed prior to Pro-Bowl Community Beautification projects • Ongoing • 2 major community projects completed this month Code Enforcement partnership • Creating common landscape material reference guide for Code Officers. 2009 PSA • TV Commercial in production Page 291 of 311 • Completed 2009 Radio PSA ASSISTANT CITY MANAGER (Daniel Rosemond) 􀂾 2010 Census Campaign– The 2010 Census is critical to the City given that this will be the first Census since our incorporation. Coordination of a concerted campaign is vital to a successful Census where ALL residents are counted. Jay Marder and Antranette Pierre have been assigned to work on this campaign with oversight from me. A budget of $60,000 was approved by Council in September and staff is using those funds for a number of marketing efforts to ensure increased participation from this community. 􀂾 Strategic Planning Process-At the direction of Council, staff participated in a comprehensive 5-year strategic planning process with the objective of obtaining a document that would outline the specific objectives to be accomplished over the next 5 years. I have been working with the consultant the City used to obtain the finished document, and will now proceed to get the item on Council’s agenda for formal adoption. In the meantime, the document has been reviewed by all department directors and I am working on developing a balanced scorecard system that will enable staff to measure day-to-day tasks against the strategic plan. 􀂾 Miami Gardens Community Center Project-We are nearing the completion of the 1st phase of the Community Center and are now at the point of furnishing the facility with the needed furniture and equipment. The City has a commitment from the County for a $3M grant to cover these costs. However, we have not yet received the executed contract and are at somewhat a standstill in terms of moving forward with the remaining items to be purchased. The determination of how we proceed given this financial “crossroads” will dictate the center’s opening date. At this juncture we anticipate the center opening in April-May. 􀂾 Children’s Trust Grant (Promotion & Prevention)-The City had been awarded grants in the amount of $75,000 for 2 consecutive years from the Children’s Trust to be used for teen programming in our Parks Department. On December 21st we received a performance improvement plan letter from the Trust outlining deficiencies with this grant, as well as with our youth violence prevention grant. Due to the recent transition in departmental reporting responsibilities, I spent considerable amount of time understanding and then addressing the issues outlined in the Trusts’ letter as it relates to the promotion & prevention grant which is under the Parks responsibility. 􀂾 Homeless Prevention and Rapid Re-housing Grant-The City received approximately $560k thru this federal grant to provide housing to individuals at an extremely low income category. This is part of the American Recovery and Reinvestment Act, and Council approved the City’s funding of the bulk of this grant amount to go to Citrus Health Network. To date, Citrus has assisted 17 families through this program. 􀂾 Kings Gardens Infrastructure Project-As previously reported, this is one of the first major projects whereby the City is investing significant dollars into the west part of the City. Utilizing a combination of Disaster Recovery Funds (received from the Page 292 of 311 County) and CDBG Funds allocated directly to the City, the residents of this neighborhood will receive over $1M in infrastructure improvements. The project is near completion, with the expected completion date to be mid-late February. 􀂾 Neighborhood Stabilization Program (status)-The City has acquired 25 single family homes that had been previously abandoned and foreclosed. Of the 25 properties, 11 are under rehabilitation with 2 nearing completion. Staff hopes to have a ribbon cutting event of the first property to be sold under this program sometime in March or April. Participated in the following meetings: • Meeting with Councilman Bratton and owner of Roman Pub-discussion of violations and fees to be paid by business • Site visit to City of West Palm Beach to review their redevelopment zones and CRA programs. • Meeting with Bill Diggs, Miami Dade Chamber-discussion of budget for proposed MG Merchants Association • Meeting with representatives of 2 optimist clubs-discussion of transition to City’s Youth Youth Sports Program REREATION DEPARTMENT (Kara Petty, Director) A.J. King Park • There are thirty-four children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • There is line dancing taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. • Every Tuesday and Thursday morning from 9-10:30am, participants are engaged in Chair Yoga promoting exercise and health. Brentwood Park • There are thirty-seven children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • The after-school program held a Holiday program with the children. More than 35 parents came out to watch their children participate in the Holiday program. • The senior program takes place on Monday mornings and is at capacity with 50 seniors registered. • Brentwood Park held Winter Wonderland Camp from December 21-December 31. There were 37 children registered for Camp. The children enjoyed indoor/outdoor actives, field trips, arts and craft, and a Christmas themed fun day at the park which included real snow. Buccaneer Park Page 293 of 311 • There are twelve children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Buccaneer Park held Winter Wonderland Camp from December 21-December 31. There were 19 children registered for Camp. The children enjoyed indoor/outdoor actives, field trips, arts and craft, and a Christmas themed fun day at the park which included real snow. • On Saturday mornings from 9:00-10:30am, seniors get fit in Line Dancing. Monday through Thursday from 6:30-7:30am the seniors exercise around the park. • On Monday evenings adult tennis lessons are offered to the residents. • There is line dancing offered on Saturdays from 8:30a.m.-12:00noon for adults various ages. • The senior program takes place on Friday mornings and is at capacity with 90 seniors registered. • On Wednesday mornings from 10:00am-12:00pm, the seniors engage in exercising and arts and crafts. Bunche Park • There are fourteen children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • The senior program takes place on Friday mornings. • Bunche Optimist had football practice for the Pee Wees, who were contending for a national Title. Clover Leaf Park 􀂃 The senior program takes place on Wednesday mornings. 􀂃 Line dance class is being held on Monday, Thursday, and Fridays. Lake Lucerne Park/Bennett M. Lifter Park • There are sixteen children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Lake Lucerne Dance class continues with 6 participants in the ballet class and 6 in the hip hop class. • Line Dance is held on Tuesday and Thursday evenings with 15 participants. Miami Carol City Park • There are twenty-four children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. Page 294 of 311 • Miami Carol City Park held Winter Wonderland Camp from December 21-December 31. There were 26 children registered for Camp. The children enjoyed indoor/outdoor actives, field trips, arts and craft, and a Christmas themed fun day at the park which included real snow • Walkers exercise around the park starting at 6:00a.m. Myrtle Grove Park • There are eight children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. Norwood Park • There are thirty-six children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. Rolling Oaks Park • There are forty-two children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • The senior program takes place on Thursday mornings and is at capacity with 85 seniors registered. • Rolling Oaks Park held Winter Wonderland Camp from December 21-December 31. There were 24 children registered for Camp. The children enjoyed indoor/outdoor actives, field trips, arts and craft, and a Christmas themed fun day at the park which included real snow. Scott Park • There are forty children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. 􀂃 Scott Park has daily walkers in the morning and evenings Monday thru Friday. • Scott Park held Winter Wonderland Camp from December 21-December 31. There were 36 children registered for Camp. The children enjoyed indoor/outdoor actives, field trips, arts and craft, and a Christmas themed fun day at the park which included real snow. Vista Verde Park • Vista Verde has 11 children enrolled in the After-school program. These specialty instructors visit the park twice a week. The program is targeting children ages 5-12 for the 4H program and teens 13-17 to receive community service hours. Page 295 of 311 • The teens are provided workshops once a week pertaining to life skills, peer pressures, violence, etc. Also, the teens have an opportunity to join Vista’s book club. Teens Program 􀂃 Teens Program has 31 kids registered and there is an average of 22 kids in attendance. The Teens enjoy daily indoor/outdoor activities, chess, and a variety of field trips. Active recruitment for the TLA program continues The Government Track will wrap up shortly and the Sports and Entertainment Track will begin. 􀂃 This month the teens had a Teens night out. This is where the Teens will come out socialize, watch a movie, play games, and have dinner. 􀂃 Winter camp had 26 Teens in attendance. The Teens enjoyed indoor/outdoor actives and a variety of field trips. Athletics • Sports Development: Hoops 4 Kids Basketball program has begun. The program takes place at Rolling Oaks Park on Saturdays. We have 21 participants registered. We also have three staff members plus an additional volunteer working with the kids. Touchdown Club flag football program began registration on January 4, 2010. • Tennis: City of Miami Gardens Parks and Recreation is a part of the Tennis in the Parks Community in 2010. This promotes tennis participation throughout the community in hopes of youth and adults to find an appreciation for tennis. • Saturday Tennis: City of Miami Gardens Parks and Recreation Department runs a Saturday Tennis Program for kids ages 5-12. The program is run by an experienced and former collegiate tennis player. Kids learn the fundamentals of strokes, techniques, and rules of tennis. We currently have 18 participants. The program is year round. • Adult Tennis: We currently have 12 enrolled in our adult tennis program. The program runs Monday and Thursday evenings from 6:30pm-7:30pm at Buccaneer Park. • Youth Basketball: The City of Miami Gardens will begin its first ever youth competitive basketball team playing in the Dade Youth League. Game sites will be at Northwest Boys Club, Gwen Cherry NFL YET Center, South Miami Boys and Girls Club, and Overtown Youth Center. The age groups will be 9 and under, 11 and under, 13 and under, and 15 under. The season begins on January 29, 2010. • Walking Club: The Walking Club currently has 46 members and we are meeting monthly. Recreation Meetings 12/15: Pre-Construction meeting about Rolling Oaks Park with CIP 12/16: Meeting Mike McKenzie group about event for December 21 1/5: Meeting with Procurement about sports purchase bid 1/7: Meeting with The Children’s Trust 1/12: Staff meeting with Danny Rosemond 1/12: MLK meeting with Media & Special Events 1/14: MLK site visit Page 296 of 311 Meetings December 15, 2009 – January 15, 2010 12/15: Preconstruction-Rolling Oaks lighting 12/15: Miami Gardens Community Center purchasing 12/16: Holiday giveaway logistics 12/16: Management Team 12/16: Youth Sports purchasing 12/17: Capital Improvements 12/30: Miami Gardens Community Center purchasing 1/4: Management Team 1/5: Youth Sports purchasing 1/5: Gardens Experience brochure 1/6: Miami Gardens Community Center purchasing 1/6: Management Team 1/7: Agenda Review 1/7: Capital Improvements 1/11: Director’s meeting 1/12: Recreation Staff 1/12: Alonzo Mourning Charities 1/13: Management Team 1/13: City Council 1/14: Martin Luther King, Jr. JANITORIAL AND LANDSCAPING A J King Park o 18 Janitorial visits to clean up park site o 0x Premises blown o 0x Landscaping visits o 0x Herbicide grounds o 0x Grass cut & detailed grounds o 18 Trash removal Page 297 of 311 Andover Park o 17 Janitorial visits to clean up park site o 2x Blow out the walkway and tot-lot area o 0x Premises blown pool (tot lot, tennis courts) o 1x Grass cut & detailed grounds o 1x Landscaping visits o 17 Trash removal Bennett M. Lifter Park o 17 Janitorial visits to clean up park site o 2x Blow out the walkway and tot-lot area o 0x Landscaping visit o 0x Grass cut & detailed grounds o 0x Herbicide grounds o 0x Grass cut & watered grounds o 17 Trash removal Brentwood P & P o 5 (park) & 5 (pool) Janitorial visits to clean up park site o 0x (pool) Premises blown o 0x (park) Premises blown (tot lot, tennis courts) o 0x (park) Stripped & Waxed o 0x(park), 1x(pool) Landscaping visits o 1x (pool) Herbicide grounds o 0x (park) & 0x (pool) Grass cut & detailed grounds o 5 (park) & 5 (pool) Trash removal Buccaneer Park o 5 Janitorial visits to clean up park site o 0x (park) Premises blown o 0x Landscaping visits o 0x Herbicide grounds o 0x Grass cut & detailed grounds o 5 Trash removal Bunche P&P o 18 (park) & 18 (pool) Janitorial visits to clean up park site o 0x (park) Premises blown o 0x (park) & 0x (pool) Landscaping visits o 0x (park) & 0x (pool) Herbicide grounds o 1x (park) & 0x (pool) Grass cut & detailed grounds o 18 (park) & 18 (pool) Trash removal Bunche – 15620 W. Bunche Park Drive o 17 Janitorial visits to clean site o 0x Grass cut & detailed grounds o 0x Landscaping visits o 17 Trash removal Page 298 of 311 MGCC Acreage o 2 Janitorial visit to clean up site o 0x Landscaping visits o 0x Grass cut & detailed grounds o 0x Herbicide grounds o 2 Trash removal City Hall (Suite 300) o 0x Janitorial visits Cloverleaf Park o 17 Janitorial visits to clean up park site o 2x Blow out the walkway and tot-lot area o 1x Landscaping visit o 1x Grass cut & detailed grounds o 1x Herbicide grounds o 17 Trash removal Inspection Station o 0x Janitorial visits to clean up site o 0x Grass cut & detailed grounds o 0x Herbicide grounds o 0x Landscaping visits o 0x Trash removal Jordan’s Landing o 0x Grass cut o 0x Herbicide grounds MGPD o 0 Janitorial visits to clean up site o 0 Trash removal Miami Carol City Park o 5 Janitorial visits to clean up park site o 0x Premises blown o 0x Stripped & Waxed o 0x Landscaping visits o 0x Herbicide grounds o 0x Grass cut & detailed grounds o 5 Trash removal Miami Job Corps o 0x Janitorial visits to clean up park site o 0x Landscaping visits o 0x Premises blown o 0x Grass cut & detailed grounds 1Page 299 of 311 o 0x Trash removal Mt. Herman House (Church) o 18 Janitorial visits to clean up o 0 Grass cut Myrtle Grove P&P o 18 (park) & 0 Janitorial visits to clean up park site o 0 & 0 Detailed grounds o 0x Grass cut o 0 (park) & 0 Trash removal North Dade o 17 Janitorial visits to clean up park site o 0x Landscaping visits o 0x Grass cut & detailed grounds o 0x Premises blown o 17 Trash removal Norwood P&P o 17 (park) & 17 (pool) Janitorial visits to clean up site o 2x (park) Blow out the walkway and tot-lot area park o 0x (park) & 0x (pool) Grass cut & detailed grounds o 0x Landscaping visit o 0x Herbicide grounds o 17 (park) & 17 (pool) Trash removal Parkway Middle School o 0 Janitorial visits to clean up park site Risco Park o 5 Janitorial visits to clean up park site o 0x Premises blown o 0x Landscaping visits o 0x Grass cut & detailed grounds o 0xHerbicide grounds o 5 Trash removal Rolling Oaks Park o 17 Janitorial visits to clean up park site o 1x Blow out the walkway and tot-lot area o 0x Stripped and Waxed the trailer o 0x Grass cut & detailed grounds o 17 Trash removal Scott Park o 18 Janitorial visits to clean up park site o 0x Premises blown 2Page 300 of 311 o 1x Landscaping visits o 0x Herbicide grounds o 0x Stripped & Waxed o 1x Grass cut & detailed grounds o 18 Trash removal Vista Verde Park o 5 Janitorial visits to clean up park site o 0x Premises blown (tot lot) o 0x Herbicide grounds o 0x Grass cut & detailed grounds o 5 Trash removal 201st Street and 39th Ave. 20357 NW 38th Court 183rd and 12th – 17th Avenue o 0x Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 0x Herbicide grounds o 0x placed mulch around the trees o 0x Trash removal 􀂾 All park irrigation systems checked and repaired TRADES Andover Park o 12/17 repaired the water fountain (running continuously) o 12/30 installed the ground rod and attached it to the ground cable on the north side of the pump house Bennett M. Lifter Park o 12/16 filled in the potholes located on the entry side of the driveway o 12/30 changed 1 ballast and 2 light bulbs Brentwood P&P o 12/15 unclogged the a/c units water line o 12/16 Pressure washed the park o 12/17 supplies requested o 12/18 a/a/c unit leaking water; flushed the line and put the outline together o 12/21 removed a cone from the roof of the building o 12/21 replaced the frame on the kitchen window o 12/30 replaced 10 light bulbs in the boys restroom (pool) 3Page 301 of 311 Buccaneer Park o 12/18 supplies requested Bunche P&P o 12/21 reinstalled water fountain near the playground area City Hall/Park & Rec. Office Cloverleaf Park Inspection Station MGPD Miami Carol City Park o 12/15 supplies requested o 12/15 removed the fence from Scott Park’s football field o 12/21 welded the metal piece under the picnic table back together o 12/21 fixed the broken metal rod behind the basketball goal o 12/21 changed the ring and the screw of the leaking toilet Miami Job Corp Mt. Herman Myrtle Grove P&P North Dade Opt Norwood P&P o 12/16 used the Bob Cat to search for the main water line o 12/17 used the Bob Cat to dig a trench from the pool to the baseball field o 12/18 fixed the water fountain (continually running) o 12/29 fixed the security lights timer Public Works Risco Park Rolling Oaks Park o 12/30 closed the main water line (leaking) 4Page 302 of 311 Scott Park o 12/15 replaced 2 knobs on the window handle o 12/21 unclogged the water fountain drain and repaired the leaking valve Vista Verde Park PLANNING & ZONING (Jay Marder, Director) LAND DEVELOPMENT REGULATIONS -Cyril Saiphoo, Nixon Lebrun, Jay Marder, Bhairvi Pandya • Approved LDR’s at first reading Jan. 6, 2010 • Working with TMPG for completion of revisions and addressing comments for second reading Feb. 3rd, 2010 PLANNING – Jay Marder, Bhairvi Pandya • Capital Improvements Element Update-First reading held on January 6, 2010; passed unanimously for adoption hearing scheduled for February 2010. • Schools Interlocal Agreement (ILA) Amendments -Mr. Ivan Rodriquez presented an informational report on upcoming ILA amendments to be considered by City Council. It was explained that in order to change the current approval process from a unanimous vote by local governments to a 2/3 vote, this clause in turn can revised only through a unanimous vote from all local governments. A formal correspondence shall shall be mailed to all municipalities after which a 60 day period will begin for all local government to consider the amendments(s) as appropriate. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Public Hearings o David Fenton Hearing -Preliminary Notice sent. Auto storage for Warren Zinn dealership located in multiple family residential zoned tower site. o Jorge Aburto -Preliminary notice sent. Sent family home variance. • Plats o Pentecostal Tabernacle Tentative Plat-Pending o UAIG – Pending Status: property that includes insurance company at NW corner of NW 12th Avenue and NW 167th Street; creating an out-parcel for offices • Building Permits o Conducted 60 building plan reviews. o Conducted 10 site inspections. • Certificate of Uses o Reviewed 26 Certificate of Use/Occupational License Applications. • Re-occupancy – Prepared 5 re-occupancy certificate memorandums. • Administrative Adjustment (variance)-1 processed . • Sign Code Permits o 5 sign plans processed. 5Page 303 of 311 o 1 Temporary sign permit processed. • Zoning Verification Letters o 1 processed. • Address Assignments o 4 new Address Assignments. • Group Homes o 5 Group Homes (Community Residential Home) 1,000’ radius verification letters. o Proceeding to implement recommendations per memorandum to Vice Mayor Oliver Gilbert III which is anticipated to include building and zoning inspection similar to reoccupancy inspections. • Code Enforcement o Coordinate Code Enforcement training for sign code regulations on window signs and temporary signs scheduled for Jan. 21, 2010. EDEN – Marilu Nava, Bhairvi Pandya • Parcel Refresh – Ongoing-CASS Testing process for zipcode 33056 in TEST mode. There are issues of system crashing which are being addressed with the help of Tyler customer support. • Modifying Sign Plan routing queues for all sign permits GIS – Bhairvi Pandya • New Zoning Map – Drafted new Zoning Map for the City’s Land Development Regulations. • Group Home maps -Completed 4 group home maps (Nixon Lebrun) with a 1,000 ft. radius. • Public Hearing maps-Completed Mailed Notice Radius, Zoning and Aerial maps for David Fenton. TRANSPORTATION – Jay Marder, Bhairvi Pandya • MPO Transportation Enhancement Funds – The MPO has solicited nonmotorized grant applications of up to $1M beginning in December with due date of March 3, 2010. City will apply for a “City-wide Sidewalks and Trail Enhancement Program”. Project to be coordinated by Bhairvi Pandya from Planning and Zoning, with Parks and Recreation, Public Works and Capital Projects Departments. Forwarded article to Community Outreach Department for Community Newsletter and media release for Miami Herald. Agenda item to be presented to City Council for authorization to proceed on January 27, 2010 meeting. COMPLETE COUNT CENSUS CAMPAIGN – Jay Marder 1. Strategic Plan/PR Message -Tagline “Stand Up! Be Heard! Be Counted!” utilized on all items and PR. 2. Events a. Dr. Martin Luther King, Jr. Celebration, January 18 i. Census Booth set up with City Staff, Census Bureau, Miss Miami Gardens, Progressive Young Adults. ii. Inger hired as announcer to assist in delivering Census message from stage. 6Page 304 of 311 iii. Progressive Young Adults performed a Census skit with the Stand Up tagline. iv. Introduction of Miss MG included Census Message by Inger; Miss MG autographed her picture with a census message. v. Flyers handed out with City information and Job Fair information. vi. Census Recruiters actively solicited job applications from crowd. b. Census Job Fair at City Hall, February 4 i. Flyer developed by Marome Agency; to be published in the following publications: 1. Miami Gardens Community Newspaper 2. South Florida Times’ 3. Miami Times 4. Caribbean National Weekly 5. City’s Events and Media 6,500 database 6. City Departments ii. Confirmed with Census. iii. Reserved Space in Council Chambers. iv. Scheduled Testing for following Monday and Tuesday, February 8 & 9. v. Requested setup through Manager’s Office. c. Miss Miami Gardens Pageant, February 28 – will provide display banners and hand out flyers after event. d. Jazz in the Gardens, March 20, 21 – working with Census to obtain the Regional Census Mobile Van. e. Sunday, March 28, 2010 – The planned venue, Walmart on 27th Avenue, is not available because corporate will not allow any parking lot events for the census even though local manager OK’s it. Working on alternate venue. 3. Banners – Obtained 4 banners, 2:4x8’ and 2: 4x4’ utilized at events such as MLK and at churches. 4. The Gardens Experience – The upcoming issue of the Parks Brochure includes a census cover highlighting the City’s Census Campaign including an accompanying article. This eliminates the need for a separate city-wide census mailing. 5. English, Spanish and Creole Messages –Updated translations of City’s Census Announcement. 6. MLK Celebration Committee – Several meetings to coordinate January 18 event. 7. Parks and Recreation Advisory Committee – Highlight Census campaign at January 21 meeting. 8. Faith-Based Outreach a. Pentecostal Tabernacle -Spoke at Sunday service on January 10th, handed out flyers; coordinated the Census Bureau’s presence for job recruitment. b. Holy Family Episcopal Episcopal Church -Spoke at two Sunday services on January 17th, handed out flyers; coordinated the Census Bureau’s presence for job recruitment. c. Miami Gardens Masjid (Mosque) – Planned to speak at January 22nd services, 200 flyers to be provided. d. New Life Fellowship on 22nd Avenue – 500 flyers provided. e. Marantha SDA Church – 500 flyers provided. 9. Latino Outreach – Obtained permission to set up Census tables at shopping center at 199th and 47th. 7Page 305 of 311 10. Home Owners Associations – Following up letters with phone, setting up meetings. 11. Census Committees/Coordination a. North Miami – Staff received a request to partner with North Miami with several other cities to increase census awareness. Attended second meeting on January 15 to discuss outreach to Creole community by radio. 12. Front Porch Monthly Meeting – Presented City’s campaign on January 13; feedback requested Census recruitment representatives. 13. City’s Census Website www.cmgcensus.gov – IT Department launched it with information provided by City’s Census Team. 14. Giveaways – Ordered City Census logo items including bags for adults, dog tags for teens and balloons for kids. 15. Small Business Workshop scheduled for January 26 will include a Census campaign and job recruitment component. FLEET SERVICES (David Motola) o Fleet Management Software 􀂃 Data uploaded for asset files 􀂃 Awaiting install of communication modules (IT Training proposed for late January with launch o Fuel Usage o Monthly reports of fuel usage with concern identification provided to all Department Managers for concurrence. 􀂃 Arranged for lost fuel cards to be replaced. 􀂃 Fleet Manager addressed fuel usage at Directors meeting and will be including fuel usage reports during vehicle inspections o Collision Repair – Continue to work closely with vendors, Risk management, and user department to provide prompt collision repairs within departmental policy and procedures. o Vehicle Tracking – Fleet Manager arranged for a product presentation by Ford Motor Company for Department heads to review their vehicle tracking system. Four units will be installed with tracking systems for evaluation purposes. o Out of Service Decals received and being utilized to identify collision and mechanical repairs. o Vehicle Procurement – Tracked the release of all purchase orders related to the vehicles to make sure that not only the vendors received them but they input them to the manufacturers as well. 8Page 306 of 311 o Tire Repair /Road Side Assistance – Worked with PD to agree upon a new policy for the repair and replacement of Patrol unit tires. Patrol unit tires will no longer be repaired, any puncture requires tire replacement. All other units will have a maximum of one tire puncture repair. o The new vehicles will be having equipment installed by a new supplier, a pre installation meeting scheduled for mid – January. o Public Works Back Hoe repaired, it will be placed back in service until new ones arrive o Worked with purchasing to review City of Miami Service contract with Safelite Glass to add a vendor to perform onsite glass replacement. o Arranged to have the Mobile Command Center serviced and inoperative items repaired. o Fleet Manager performed weekly lot checks, identifying vehicles that were left unlocked and notifying department heads. o Energy Efficiency – The Fleet Manager participated in both Energy Efficiency Strategy meetings. Submitted additional fleet information to City’s consulting firm o Fleet Manager conducted a review of Public Works and Parks and Recreation vehicles for cleanliness and PM performance. A number of repair items were identified early avoiding unnecessary down time and added expenses. o Public Works “Arrow Board” initially sublet for collision repairs; after teardown inspection it was determined that this would be salvage by our insurance provider. o Working with IT to update our phone system to improve communication and to ensure that the Fleet department’s contact information is easily accessible. o Fleet Administrator routinely contacts vendors for monthly accounting statements to research and reduce invoices from becoming past due. o Arranged for the installation of 10 laptop mounts in PD units from Motorola to Dell Computers o Worked with purchasing to put out a bid proposal for the installation of 100 more Dell Mounts 9Page 307 of 311 o Arranged for the removal of two sets of Police equipment from units to be salvaged to be installed in future units. o Maintain spare tire and hubcap inventory for Police vehicles. • Regular visits to mechanical and body shop vendors for visual vehicle repair status and updates and drop off and pick up vehicles at various locations. o Fleet Admin. Scheduled car wash detail appointments and window tinting services for various departments. o Fleet Staff attended bi-weekly meeting with Assistant City Manager regarding Fleet issues and concerns. o Fleet Admin. attended weekly Ethnicity Committee meetings for upcoming Heritage Festival. o Fleet Admin. attended monthly Web Steering Committee meeting for new City website design. o Fleet Service Representative met regularly with Insurance Adjuster; providing access to crashed vehicles parked at the Police Department. o Fleet Service Representative met regularly with Police Department vehicles liaison, Sgt. Brown to discuss and address repair issues and concerns. o o Performed daily and weekly inspections for all city departments’ vehicles and equipment. o Replaced spot light bulbs and missing hubcaps on Patrol cars. o Responded to multiple service calls for Police, Public Works, Parks Maintenance, Building and Code Enforcement departments, addressing their concerns. o Obtained estimates of crashed vehicles and forwarded to Risk Management for review. o Monthly start up and check City Hall and Parks standby generators. o Fleet Admin. processed invoices received from vendors regarding parts, service, and maintenance on vehicles and equipment. 10 Page 308 of 311 o Fleet Admin. Prepared requisitions necessary to purchase parts, accessories, maintenance and services. o Collected and reviewed vehicle checklists from all departments. BUILDING DIVISION (Sharon Rangoonan) REVENUES: Building Permits $ 231,077.93 Certificate of Occupancies (CO) 171.25 40 Year Recertification 0.00 TOTAL $231,249.18 EXPENDITURES: Salaries & Wages $ 57,969.04 Personnel Benefits 11,553.09 Contract Services 5,541.23 (Professional Services) Operating Expenditures/Expenses 490.44 (Travel & Per Diem; Postage & Freight Utilities; Rentals & Leases, etc.) Operating Expenditures/Expenses 558.10 (Supplies; Other Operating Expenses; Uniforms; Books; Education & Training, etc.) Capital Outlay 0.00 Other Uses 0.00 TOTAL $ 76,111.90 PERMIT APPLICATIONS SUBMITTED: Building 268 Certificate of Occupancies 11 Demolition 0 Electrical 103 MDC Permit Closures 4 Mechanical 23 Plumbing 47 TOTAL 456 INSPECTIONS PERFORMED: CITY STAFF 11 Page 309 of 311 Building 364 Electrical 33 Mechanical 43 Plumbing 115 PROFESSIONAL SERVICES Electrical 106 Plumbing 14 TOTAL 675 UNSAFE STRUCTURES CASES: Issued 3 Board Hearing 12/16/2009 3 TOTAL 6 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 0 Total – Construction Value $ 0.00 Residential Permits 0 Total – Construction Value $ 0.00 M AJOR PROJECTS: 1. Mercedes Benz: preconstruction meeting held on January 6, 2010. 2. D R Horton Coconut Cay: plans, permits and inspections performed on a timely basis. 3. Calder Race Track and Casino: plans, permits, and inspections carried out on a timely basis. 4. City Hall Cafeteria: re-opened for business. 5. Action Plan Items (Completed): a. Business hours of the division are in alignment with the hours of the Cashier’s Office. b. Days and times of the normal work week for the applicants to meet with the plan reviewers and/or inspectors are established. c. Walk-thru permits (or the same day issuance) for roofing, re-roofing, windows and doors are available to to the customer. d. Bi-lingual inspection request line gives the customer the ability to request the inspection in English or Spanish. e. Two-sided business card for the administrative team includes an area to write in the process number, the call center number and hours of operation, the new inspection request line number, and the walk-thru hours. 12 Page 310 of 311 13 f. Customer Satisfaction Survey is available to the public to provide feedback about the quality and delivery of our services. g. Permit fees are verified before contacting the customer with the amount due to the City. h. Modification to the EDEN system in progress, which involves the assistance of the CMG Information Technologies Department and key personnel at the City of Palm Beach Gardens. i. Enhancements to the facility were completed. Page 311 of 311