HomeMy WebLinkAboutJuly 14, 2010 City Council Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: July 14, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: July 14, 2010
Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Barbara Watson Councilman André
Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta
Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of
$250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described
to include the ranking and selection of professional consultants, and virtually all-legislative, 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 – June 9, 2010 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda
at this time) July 14, 2010 Page 1 Page 1 of 167
Regular City Council Agenda July 14, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Mayor Gibson – Proclamation – Parks and Recreation Month F-2) Chief Boyd – Police Department
Monthly 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, ESTABLISHING A LOCAL HIRING PROCESS
FOR CITY RESIDENTS; ESTABLISHING PROCEDURES; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; 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 COUNCILMAN OLIVER G. GILBERT III) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 10 ENTITLED “CIVIL PENALTIES AND RELATED TERMS CONSTRUED” OF ORDINANCE NO. 2004-11-27 (CODE ENFORCEMENT PROCEDURES); DELETING SECTION 18 ENTITLED
“SCHEDULE OF CIVIL PENALTIES” OF ORDINANCE NO. 2004-11-27; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING SECTION 8CC-10 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A SERIES 2010A GROUND LEASE; PROVIDING FOR THE GROUND LEASING OF CERTAIN REAL PROPERTY, FROM THE CITY OF MIAMI GARDENS,
FLORIDA (THE “CITY”) TO THE MIAMI GARDENS LEASING CORPORATION IN ORDER TO FACILITATE THE LEASE-PURCHASE BY THE CITY OF A NEW TOWN CENTER FACILITY CONTAINING A CITY HALL, POLICE STATION
AND PARKING GARAGE TO BE LOCATED THEREON; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN Page 2 of 167
Regular City Council Agenda July 14, 2010 Page 3 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) (J) CONSENT AGENDA J-1) A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF SIXTY-TWO THOUSAND, EIGHT HUNDRED AND SEVENTY DOLLARS
($62,870.00) TO CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. FOR TWO (2) STORMWATER PROJECTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED
BY THE CITY MANAGER) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING MINIMUM AND MAXIMUM VALUES FOR LIEN AMNESTY PROGRAM; 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, SUPPORTING THE
SOUTH FLORIDA AND TREASURE COAST REGIONAL PLANNING COUNCILS IN PREPARING A COMPREHENSIVE JOINT APPLICATION UNDER THE FEDERAL SUSTAINABLE COMMUNITIES INITIATIVE; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING, ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING A TWENTY PERCENT LOCAL IN-KIND MATCH IN FUNDS; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; 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 AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), ATTACHED HERETO
AS EXHIBIT “A,” FOR THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) FOR SCHOOL SAFETY ENHANCEMENT AND EDUCATIONAL PROJECTS AND TO Page 3 of 167
Regular City Council Agenda July 14, 2010 Page 4 EXECUTE ANY ATTENDANT DOCUMENTS; 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, CONFIRMING VICE MAYOR AARON CAMPBELL’S APPOINTMENT OF RITA PIERRE TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE
TO FILL AN UNEXPIRED TERM ENDING MARCH 10, 2012; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL) (K) RESOLUTIONS
None (L) RESOLUTION(S) PUBLIC HEARING(S) L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT FIFTH PROGRAM YEAR
ACTION PLAN, ATTACHED HERETO AS EXHIBIT “A;” 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 A SUBSTANTIAL AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT THIRD YEAR ACTION PLAN, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (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 Page 4 of 167
Regular City Council Agenda July 14, 2010 Page 5 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./2750, 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. 2750. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE
CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 5 of 167
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 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 Councilman Oliver Gilbert, III Department: Mayor and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING A LOCAL HIRING PROCESS FOR CITY RESIDENTS; ESTABLISHING PROCEDURES; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Summary: Councilman
Gilbert desires to establish a local hiring process for City residents. Pursuant to the City’s Charter, Charter, the City Council is encouraged to hire residents. Section 7.3 of the
Charter provides, “the City shall make all efforts to encourage the hiring of City residents and to encourage all employees to reside within the municipal boundaries.” ITEM H-1) ORDINANCE
FIRST READING Local Hiring Process for City Residents Page 6 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The establishment of a local hiring process will increase job opportunities for residents of Miami Gardens. City
residents have a greater personal knowledge of the City and a personal stake in the community making them ideal candidates for City employment. In accordance with the Ordinance, the
City Manager will establish a process whereby applicants, who have resided in the City for at least six (6) months prior to making an application for employment, will receive five (5)
preference points over non‐resident applicants. The City Manager, City Attorney and City Clerk are Charter Officers, and are exempt from the local hiring process because they are hired
in accordance with procedures outlined in the City’s Charter. Proposed Action: Councilman Oliver Gilbert recommends that the City Council approve this Ordinance establishing a local
hiring process for City residents. Attachment: None. Page 7 of 167
ORDINANCE NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING A LOCAL HIRING PROCESS FOR CITY RESIDENTS; ESTABLISHING PROCEDURES; PROVIDING
FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Councilman Gilbert desires to establish a local hiring process whereby City residents will be entitled to a five point preference over nonresident
job applicants, and WHEREAS, the establishment of a local hiring process will increase job opportunities and curtail residential flight to other cities in search of employment, and WHEREAS,
residents have a greater personal knowledge of the City and a personal stake in the community making them ideal candidates for City employment, 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. ADOPTION OF ORDINANCE: The City Council of the City of Miami Gardens hereby adopts an Ordinance establishing
a local hiring process for City residents. 1 Page 8 of 167
Section 3. PURPOSE: The purpose of this Ordinance is to encourage the hiring of City residents. Section 4. DEFINITIONS: The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: A. Applicant means a person who has filed an application for
employment in a particular position with the Department of Human Resources. B. Position shall mean a specific job approved in the City budget, or otherwise authorized by the City Manager.
C. Resident shall mean any person whose usual place of domicile is located within the municipal boundaries of the City as established by the City’s Charter. Section 5. ESTABLISHMENT
OF LOCAL HIRING PROCESS: Except where federal or state law mandates to the contrary, any and all residents of the City making applications for initial employment, who shall have resided
in the City six (6) months prior to making an application, shall be entitled to a five (5) point preference in hiring. Section 6. ESTABLISHMENT OF PROCEDURES FOR APPLYING LOCAL PREFERENCE
POINTS: The City Manager shall establish a process whereby the five (5) point residential preference is provided to all applicants for positions with the City, except as listed in Section
7 herein. Section 7. EXCEPTIONS: This Ordinance shall not apply to the following employment positions: A. The City Manager; B. The City Attorney; and 2 Page 9 of 167
C. The City Clerk. Section 8. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 9. 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 10. 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 11. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE _____ DAY OF __________,
2010. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2010. 3 Page 10 of 167
4 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2010. ________________________________ SHIRLEY GIBSON,
MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: COUNCILMAN OLIVER GILBERT, III Moved
by: __________________ Second by: _________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____(No) Vice Mayor Aaron Campbell ____ (Yes) ____(No) Councilman Oliver Gilbert,
III ____ (Yes) ____(No) Councilman Melvin L. Bratton ____(Yes) ____(No) Councilman Andre’ Williams ____(Yes) ____(No) Councilwoman Sharon Pritchett ____ (Yes) ____(No) Councilwoman Barbara
Watson ____ (Yes) ____(No) Page 11 of 167
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 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 Dr. Danny Crew, City Manager Department: Building and Code Compliance Short Title: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 10 ENTITLED “CIVIL PENALTIES AND RELATED TERMS CONSTRUED” OF ORDINANCE NO. 2004-11-27 (CODE ENFORCEMENT PROCEDURES); DELETING SECTION
18 ENTITLED “SCHEDULE OF CIVIL PENALTIES” OF ORDINANCE NO. 2004-11-27; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING SECTION 8CC-10 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On March 24, 2004, the City adopted Ordinance No. 2004-11-27 enacting
code enforcement procedures. Despite the adoption of the Ordinance establishing code enforcement procedures, the City continued to rely upon the schedule of civil penalties established
by Miami-Dade County. City Staff recommends that the City Council amend the penalty provision to make it consistent with State Statutes. This will allow for a more simplified process.
Proposed Action: It is recommended that the City Council approve the attached Ordinance to amend the Code Enforcement Ordinance to repeal the schedule of civil penalties as promulgated
by Miami-Dade County. 1 ITEM H-2) ORDINANCE FIRST READING Amending Ordinance No. 2004-11-27 Page 12 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 2 Attachment: 1-Section 162.09, Florida Statutes Page 13 of 167
__________________ 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 30 ORDINANCE
NO. 2010____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 10 ENTITLED “CIVIL PENALTIES AND RELATED TERMS CONSTRUED” OF ORDINANCE NO. 2004-11-27
(CODE ENFORCEMENT PROCEDURES); DELETING SECTION 18 ENTITLED “SCHEDULE OF CIVIL PENALTIES” OF ORDINANCE NO. 2004-11-27; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING SECTION
8CC-10 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 24, 2004, the
City Council of the City of Miami Gardens adopted Ordinance No. 2004-11-27 to enact code enforcement procedures for the City of Miami Gardens, and WHEREAS, the City continued to rely
upon the schedule of civil penalties established by Miami-Dade County when it adopted its own ordinance, and WHEREAS, City Staff recommends repealing the current schedule of penalties,
and to assess fines in accordance with Section 162.09(2)(a), Florida Statutes, 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. AMENDMENT: Section 10 of Ordinance No. 2004-11-27 is hereby amended as follows: Page 14 of 167
__________________ Language deleted is stricken through and language added is underlined 2 1 2 Section 10. Civil Penalties and Related Terms Construed. (A) 3 Penalties for violations
of the provisions to be enforced through this 4 Ordinance shall be in the amounts prescribed in the schedule of civil penalties 5 contained herein. Provided however, that the maximum
allowable civil penalty shall 6 be $500.00 for a single violation. A fine imposed pursuant to this Section shall not 7 exceed Two Hundred Fifty Dollars ($250.00) per day for a first
violation and Five 8 Hundred Dollars ($500.00) per day for a repeat violation. tThis part does not limit 9 the authority of a Special Master as prescribed in Section 6 herein. If the
violation 10 is continuing or repetitive, a single violation will occur each day beyond the time for 11 correction set forth in the civil violation notice. Failure to pay the imposed
fine(s) 12 even after correction of the violation may be considered non-compliance and a 13 continuing violation for the purposes of assessing continuing penalties. 14 15 16 17 18 19
20 21 22 (B) For each day of a Continued Violation, an additional penalty in the same amount as that prescribed for in the original violation shall be added. C) Civil penalties assessed
as provided herein are due and payable to the City on the last day of the period allowed for the filing of an appeal of the Code Enforcement Officer’s decision, or if proper appeal is
made, when the appeal has been finally decided adversely against the named violator. 23 (D) For the first Repeat Violation, the amount of the civil penalty shall not exceed 24 $500.00.
25 (E) A Repeat Violation which remains uncorrected beyond the time prescribed for correction in the Notice of Violation shall be treated as a Continuing Violation, and the additional
penalty for each day of continued violation shall be double the amount due for the first day of the Repeat Violation. 26 27 28 29 30 (F) (E) A Repeat Violation includes a violation committed
by an entity that has one or more officers, major shareholders or general partners in common with another entity, which violated the same code provision within five (5) years of the
current violation. For purposes of this Section a major shareholder shall be one who owns at least 25% of the shares of that corporation. This paragraph shall apply only where the common
officer(s), major shareholder(s), or general partner(s) are or were actively involved in the management of the entity committing the violation at the time when the violation occurred.
31 32 33 34 35 36 37 38 39 (G) (F) Continuing Violation penalties shall accrue from the date of correction given in the Civil Violation Notice until the correction is made, and compliance
is obtained or until a request for administrative hearing is filed, whichever comes first. If the named Violator requests an administrative hearing and loses his appeal, the Special
Master shall determine a reasonable time period within which correction of 40 41 42 43 44 Page 15 of 167
__________________ Language deleted is stricken through and language added is underlined 3 1 2 3 4 5 6 7 8 9 the violation must be made, based on the considerations set forth herein.
If correction is not made within the period set by the Special Master, Continuing Violation penalties shall begin to accrue after the time allowed for correction has run. No continuing
violation penalties shall accrue during the time period from the date of the civil violation notice until the date of the administrative hearing, if the named violator timely requests
an administrative hearing to appeal the decision of the Code Inspector. Continuing violation penalties cannot be imposed by the hearing officer for uncorrectable violations. (H) (G)
Civil penalties assessed pursuant to this Chapter by the Special Master and due and payable to the City at the close of hearing, or, if a proper appeal of the Special Master’s decision
is made, when the appeal has been finally decided adversely against the named Violator. 10 11 12 13 14 15 16 Section 3. AMENDMENT: Section 18 of Ordinance No. 2204-11-27 is hereby deleted
as follows: 17 (A) The schedule of civil penalties, as may be amended from time to time, shall 18 be the same as set forth in Section 8CC-10 of the Code of Miami-Dade County. 19 20 (B)
For violations of any section of this Code for which a specific penalty is not 21 prescribed herein a penalty shall be imposed which shall not be less than $25.00 22 nor more than $500.00
per day for a first violation and shall not be less than $50.00 23 nor more than $750.00 per day for a repeat violation. For the purposes of 24 continuing violations, each day shall
constitute a separate violation. 25 26 27 28 29 30 31 32 33 34 Section 4. CONFLICT: Section 8CC-10 of the Miami-Dade County Code of Ordinances is hereby repealed. Section 5. 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 6. 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 Page 16 of 167
__________________ 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 20 21 22 23 24 25 26 27 28 29 and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,”
“Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions
contemplated thereby shall not be codified. Section 7. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE ______
DAY OF ____________, 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. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED
BY: SONJA K. DICKENS, CITY ATTORNEY Page 17 of 167
__________________ Language deleted is stricken through and language added is underlined 5 1 2 3 4 5 6 7 8 9 10 11 12 SPONSORED BY: DR. DANNY CREW, CITY MANAGER Moved by: __________________
Second by: _________________ VOTE: _________ 13 Mayor Shirley Gibson ____ (Yes) ____(No) 14 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 15 Councilman Melvin L. Bratton ____(Yes) ____(No)
16 Councilman Oliver Gilbert III ____ (Yes) ____(No) 17 Councilman Andre’ Williams ____(Yes) ____(No) 18 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 19 Councilwoman Barbara Watson
____ (Yes) ____(No) Page 18 of 167
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14 , 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 n/a Sponsor Name Danny Crew, City Manager Department: City Manager’s Office Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A SERIES 2010A GROUND LEASE OF CERTAIN REAL PROPERTY, FROM THE CITY OF MIAMI GARDENS, FLORIDA, TO THE
MIAMI GARDENS LEASING CORPORATION IN ORDER TO FACILITATE THE LEASE-PURCHASE BY THE CITY OF A NEW TOWN CENTER FACILITY TO BE LOCATED THEREON; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: In order to undertake the City Hall Certificate of Participation (COP)
project financing, the first step is the creation of a non-profit leasing corporation. Council did this several months ago. The next step is for the City to lease its Wachovia property
to the Miami Gardens Leasing Corporation. This is the corporation made up of City Council members. The lease is for 35 years. After the project is paid for, the land reverts back to
City ownership with all improvements (City Hall, Police Station and parking garage). Because this is a Lease Agreement, in accordance with the City’s Charter, and ordinance must be adopted
approving the lease of property. ITEM H-3) ORDINANCE FIRST READING Series 2010A Ground Lease New City Hall Page 21 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action RECOMMENDATION: To approve the Ordinance leasing the land. Attachment: Page 22 of 167
ORDINANCE NO. 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A SERIES 2010A GROUND LEASE; PROVIDING
FOR THE GROUND LEASING OF CERTAIN REAL PROPERTY, FROM THE CITY OF MIAMI GARDENS, FLORIDA (THE “CITY”) TO THE MIAMI GARDENS LEASING CORPORATION IN ORDER TO FACILITATE THE LEASE-PURCHASE
BY THE CITY OF A NEW TOWN CENTER FACILITY CONTAINING A CITY HALL, POLICE STATION AND PARKING GARAGE TO BE LOCATED THEREON; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens, Florida (the “City”) has determined to finance and refinance certain of
its capital needs through lease-purchase agreements, and WHEREAS, the City has the power pursuant to the Charter of the City, the Constitution of the State of Florida, Chapter 166, Florida
Statutes, as amended, and other applicable provisions of law (collectively, the “Act”) to to receive, purchase, acquire, lease, sell, hold, transmit and convey title to real and personal
property for municipal purposes, and to enter into leases or lease purchase agreements for necessary grounds and facilities for municipal purposes, and WHEREAS, the Miami Gardens Leasing
Corporation (the “Corporation”), a not-for-profit corporation
organized solely to benefit the City pursuant to Chapter 617, Florida Statutes, and a not-for-profit corporation duly organized and existing under the laws of the State of Florida, has
been formed to lease purchase certain real property, municipal facilities and equipment to the City, and WHEREAS, the Corporation and the City will provide for the lease purchase financing
of certain real property, buildings and improvements, and the equipment, fixtures Page 23 of 167
ORDINANCE NO. 2010 and furnishings built or to be built, installed or established therein (the “Facilities”) from time to time by entering into a Master Lease Purchase Agreement, as
the same may be supplemented and amended from time to time (the “Master Lease”), and related agreements, and WHEREAS, the Facilities to be leased from time to time are identified on
separate Schedules (each a “Schedule”) attached to the Master Lease, and WHEREAS, the City and the Corporation may enter into one or more ground leases from time to time with respect
to one or more Facility Sites (individually, a “Ground Lease” and collectively, the “Ground Leases”) pursuant to which the City, as ground lessor, will ground lease certain real property
and improvements to the Corporation and the Corporation, as ground lessee, will take and lease certain real property and improvements from the City, and WHEREAS, the City desires to
authorize and approve the execution and delivery of a Series 2010A Ground Lease pursuant to which the City, as ground lessor, will ground lease certain real property and improvements
constituting the Series 2010A Facility Sites (the “Series 2010A Facility Sites”) to the Corporation and the Corporation, as ground lessee, will take and lease the Series 2010A Facility
Sites from the City, and WHEREAS, the City desires to lease-purchase a new town center facility containing a city hall, police station and parking garage to be located on the Series
2010A Facility Sites, and desires to lease-purchase certain other municipal facilities and sites (collectively, the “Series 2010A Facilities”), pursuant to a Schedule 2010A to the Master
Lease, as further specified by subsequent resolution of the City Council of the City of Miami Gardens, Florida (the “City Council”) authorizing the financing of certain of its capital
needs through a master lease program and approving the forms of and authorizing the execution 2 Page 24 of 167
ORDINANCE NO. 2010 and delivery of the Master Lease, Schedule 2010A and certain other documents in connection therewith; and WHEREAS, pursuant to Section 4.3 of the Charter of the City,
an ordinance must be enacted in order to convey or lease or authorize by administrative action the conveyance or lease of any lands of the City, NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. INCORPORATION OF RECITALS: The foregoing recitals are hereby ratified and confirmed as being true and correct
and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. APPROVAL AND AUTHORIZATION OF GROUND LEASE: In accordance with the provisions of the Act including,
without limitation, Section 4.3 of the Charter of the City, the City Council hereby authorizes the ground leasing of the Series 2010A Facility Sites to the Corporation pursuant to, and
approves the execution and delivery of, the Series 2010A Ground Lease between the City and the Corporation. The Series 2010A Ground Lease shall be in substantially the form attached
hereto as Exhibit A, with such insertions, modifications and changes as may be approved by the Mayor, and the City Clerk, upon such approval by the Mayor, are hereby authorized and directed
to execute the Series 2010A Ground Lease. The execution and delivery of the Series 2010A Ground Lease by the Mayor and the City Clerk shall constitute conclusive evidence of the approval
thereof. The City Council also authorizes the execution and delivery of a memorandum of ground lease with respect to the Series 2010A Ground Lease and the recording thereof in the Official
Public Records of Miami-Dade County, Florida. Prior to the execution and delivery of the Series 2010A Ground Lease, the City 3 Page 25 of 167
ORDINANCE NO. 2010 Council shall adopt a subsequent resolution authorizing the financing of certain of its capital needs including the Series 2010A Facilities through a master lease
program and approving the forms of and authorizing the execution and delivery of the Master Lease, Schedule 2010A and certain other documents in connection therewith (the “Subsequent
Resolution”). SECTION 3. AUTHORIZATION: The City Manager and the City Finance Director are each hereby authorized to take such actions as may be necessary or desirable, and which are
not inconsistent with the terms and provisions of this Ordinance, in connection with the creation of a master lease program to finance certain of the City’s capital needs. The City Attorney
and Bond Counsel to the City are hereby authorized to draft and review documents and to do all other things necessary to create a master lease program to finance the City’s capital needs.
SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. repealed. SECTION 5. 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 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon
its final passage. PASSED ON FIRST READING ON THE _____ DAY OF __________, 2010. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2010. 4 Page 26 of 167
ORDINANCE NO. 2010 5 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2010. SHIRLEY GIBSON , MAYOR
ATTEST: RONETTA TAYLOR, MMC, CITY CLERK Prepared by Greenberg Traurig, P.A., Bond Counsel APPROVED AS TO FORM SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY: __________________________________ SECONDED BY: _______________________________ VOTE: Mayor Shirley Gibson ___ (Yes) ___ (No) Vice-Mayor Aaron Campbell, Jr. ___ (Yes) ___ (No)
Councilman Melvin L. Bratton ___ (Yes) ___ (No) Councilman Oliver G. Gilbert III ___ (Yes) ___ (No) Councilwoman Sharon Pritchett ___ (Yes) ___ (No) Councilwoman Barbara Watson ___ (Yes)
___ (No) Councilman Andre Williams ___ (Yes) ___ (No) Page 27 of 167
EXHIBIT A FORM OF SERIES 2010A GROUND LEASE MIA 181,303,301v2122872.010100 A -1 Page 28 of 167
Series 2010A GROUND LEASE Dated as of [November 1, 2010] between CITY OF MIAMI GARDENS, FLORIDA, as Lessor and MIAMI GARDENS LEASING CORPORATION, as Lessee (Series 2010A Facility Sites)
Page 29 of 167
TABLE OF CONTENTS Page Section 1. Lease of Series 2010A Facility Sites......................................................................................... 3 Section 2. Ground Lease
Term; Option to Renew ..................................................................................... 5 Section 3. Rent .........................................................................
................................................................. 5 Section 4. Title to Series 2010A Facility Sites; Possession .......................................................................
6 Section 5. Use of Series 2010A Facility Sites; Assignments and Subleases.............................................. 7 Section 6. Right of Entry...................................................
........................................................................ 8 Section 7. Default .........................................................................................................
............................. 8 Section Section 8. Quiet Enjoyment.......................................................................................................................
8 Section 9. Liens ......................................................................................................................................... 8 Section 10. Condemnation
........................................................................................................................... 9 Section 11. Estoppel Certificates........................................
.......................................................................... 9 Section 12. Amendments....................................................................................................
......................... 9 Section 13. Binding Effect ......................................................................................................................... 10 Section
14. No Merger of Leasehold Estate............................................................................................... 10 Section 15. Notices................................................
.................................................................................... 10 Section 16. Severability.......................................................................................
...................................... 10 Section 17. Applicable Law .......................................................................................................................
10 Section 18. Execution in Counterparts ....................................................................................................... 10 Section 19. Memorandum of Ground Lease
.............................................................................................. 11 Section 20. No Personal Liability....................................................................
........................................... 11 Section 21. Third Party Beneficiary...........................................................................................................
11 Section 22. Radon ..................................................................................................................................... 11 EXHIBIT A -SERIES 2010A
FACILITY SITES (Description of Real Estate and Permitted Encumbrances) Page 30 of 167
1 SERIES 2010A GROUND LEASE (Series 2010A Facility Sites) THIS SERIES 2010A GROUND LEASE, dated as of [November 1, 2010], between the CITY OF MIAMI GARDENS, FLORIDA (the “City”), a municipal
corporation of the State of Florida, as Lessor, and MIAMI GARDENS LEASING CORPORATION (the “Corporation”), a not-for-profit corporation duly organized and existing under and pursuant
to Chapter 617, Florida Statutes, as amended, as Lessee. Capitalized terms used, but not defined, herein shall have the meanings assigned thereto in the hereinafter described Trust Agreement.
W I T N E S S E T H: WHEREAS, the City has the power pursuant to the Charter of the City, the Constitution of the State of Florida, Chapter 166, Florida Statutes, as amended, and other
applicable provisions of law (collectively, the “Act”) to receive, purchase, acquire, lease, sell, hold, transmit and convey title to real and personal property for municipal purposes,
and to enter into leases or lease purchase agreements for necessary grounds and facilities for municipal purposes; and WHEREAS, the Corporation is a not-for-profit corporation duly organized
and existing under the laws of the State of Florida, and is authorized to lease and otherwise dispose of property, and to take such other actions contemplated to be taken by the Corporation
under this Series 2010A Ground Lease; and WHEREAS, pursuant to Section 4.3 of the Charter of the City, on [____________], 2010, the City Council of the City of Miami Gardens, Florida
enacted Ordinance No. 2010-[__]-[____], at a public meeting duly noticed as required by law, authorizing and approving the execution and delivery of this Series 2010A Ground Lease, a
copy of which in substantially final form was made available for inspection and review by the public, and the ground leasing by the City of certain real property and improvements constituting
the Series 2010A Facility Sites (as hereinafter defined) to the Corporation; and WHEREAS, in order to facilitate the lease purchasing of certain real property, buildings and improvements,
and the equipment, fixtures and furnishings built or to be built, installed or established therein, the City and the Corporation have entered into a Master Lease Purchase Agreement dated
as of [November 1, 2010] (as the same may be amended and supplemented from time to time, the “Master Lease”); and WHEREAS, the City owns certain real property located in the City within
Miami-Dade County, Florida and described in Exhibit A attached hereto, as the same may be amended from time to time by the addition of parcels of land to be acquired by the City in the
future pursuant to one or more supplements thereto (which real property, together with all buildings, structures and improvements now or hereafter erected or situated thereon, any easements
or other rights or privileges in adjoining property inuring to the fee simple owner by reason of ownership of such land, and all fixtures, additions, alterations or replacements thereto,
now or hereafter located in, on or used in connection with or attached attached or made to such land to the extent title thereto may vest in the City is hereinafter referred to as a
“Series 2010A Facility Site” or, in the case of separate parcels, such parcels are herein collectively referred to as the “Series 2010A Facility Sites”); and Page 31 of 167
2 WHEREAS, the City desires to lease-purchase a new town center facility containing a city hall, police station and parking garage to be located on the Series 2010A Facility Sites, and
desires to lease-purchase certain other municipal facilities and sites (individually and collectively, the “Series 2010A Facilities”), pursuant to Schedule 2010A to the Master Lease
(which schedule, upon being executed and delivered by the City and the Corporation, together with the terms and provisions of the Master Lease, constitutes a separate lease, as the same
may be amended or supplemented from time to time, the “Series 2010A Lease”); and WHEREAS, it is possible that a portion of the Series 2010A Facilities may be attached to one or more
existing structures of the City adjacent to the Series 2010A Facility Sites; may be dependent upon adjacent property of the City for pedestrian and vehicular ingress, egress and access
to and from and between the Series 2010A Facility Sites and the public roads adjoining the adjacent property of the City (“Access”); and may further be dependent upon the City’s adjacent
property for utility and other services which would be necessary for the full use and enjoyment of the Series 2010A Facility Sites including, but not limited to, drainage, sewer and
water service, electric, telephone and gas service and parking of vehicles (collectively, the “Services”); and WHEREAS, the Corporation desires to acquire from the City, pursuant to
this Series 2010A Ground Lease, and the City is willing to grant to the Corporation, the right to utilize the adjacent property of the City to the extent reasonably necessary for Access
and for the Services, and the Corporation and the City desire to provide for the structural attachment of certain of the Series 2010A Facilities to the adjacent property of the City;
and WHEREAS, provisions for the payment of the cost of acquiring and constructing the Series 2010A Facilities have been made by (a) establishing a trust pursuant to the Master Trust
Agreement dated as of [November 1, 2010], as supplemented and amended by a Series 2010A Supplemental Trust Agreement dated as of [November 1, 2010] (as the same may be further supplemented
or amended from time to time, the “Trust Agreement”), between the Corporation and Wells Fargo Bank, N.A., as trustee (the “Trustee”), and irrevocably assigning to the Trustee without
recourse all of the Corporation’s right, title and interest in and to this Series 2010A Ground Lease, the Series 2010A Lease, except for certain rights to indemnification, to receive
notices and to hold title to the Series 2010A Facility Sites, (b) directing the Trustee for such trust to execute and deliver to the public Certificates of Participation, Series 2010A
(the “Series 2010A Certificates”) evidencing undivided proportionate interests of the Owners thereof in the right to receive Basic Lease Payments to be made by the City, as lessee, pursuant
to the Series 2010A Lease and (c) directing the Trustee to hold the proceeds of sale of the Series 2010A Certificates Certificates in trust subject to application only to pay the costs
of acquisition and construction of the Series 2010A Facilities; and WHEREAS, each Series 2010A Certificate and any refunding Certificate that may be issued to refinance all or a portion
of the costs of acquisition and construction of the Series 2010A Facilities (the Series 2010A Certificates and any refunding Certificates issued pursuant to the Master Trust Agreement
and a Supplemental Trust Agreement which represent an undivided proportionate interest in a portion of the Basic Lease Payments payable under the Series 2010A Lease are referred to herein
collectively as the “Certificates”) represents an undivided proportionate interest in the principal portion of the Basic Lease Payments set forth in the Series 2010A Lease due and payable
on the maturity date or earlier prepayment date of the Certificates and in the interest portion of the Basic Lease Payments set forth in the Series 2010A Lease due and payable semiannually,
to and including such maturity date or earlier prepayment date; and Page 32 of 167
3 WHEREAS, the Corporation will assign to the Trustee all of its right, title and interest in and to this Series 2010A Ground Lease, the Series 2010A Lease, and the Series 2010A Lease
Payments (except for certain indemnification rights and the right of the Corporation to hold title to the Series 2010A Facilities and to receive notices), pursuant to the Series 2010A
Assignment Agreement dated as of [November 1, 2010] (as the same may be amended from time to time, the “Series 2010A Assignment Agreement”), for the benefit of holders of the Certificates,
as their interests may appear; and WHEREAS, the City intends for the Series 2010A Lease to remain in full force and effect until after the last Lease Payment Date for the Series 2010A
Facilities and the payment to holders of the Certificates of the last principal and interest portions of Basic Lease Payments due under the Series 2010A Lease and represented by the
Certificates, unless sooner terminated in accordance with the terms provided therein; and WHEREAS, the City intends for this Series 2010A Ground Lease to remain in full force and effect
until the termination of the Lease Term, as provided below. NOW, THEREFORE, the City and the Corporation accordingly hereby covenant and agree as follows: Section 1. Lease of Series
2010A Facility Sites. Subject to Permitted Encumbrances (as described in Exhibit A attached hereto and made a part hereof), the City hereby demises and leases the Series 2010A Facility
Sites, more particularly described in Exhibit A, as the same may be amended from time to time pursuant to one or more supplements thereto, to the Corporation, and the Corporation hereby
hires, takes and leases the Series 2010A Facility Sites from the City, for the term, at the rental and on the conditions herein set forth. Such demising and leasing shall include the
following rights: (i) The right to utilize the adjacent property of the City for Access and for the Services reasonably necessary to the full use and enjoyment of the Series 2010A Facility
Sites; provided that the locations on the adjacent property of the City utilized for such purposes shall be reasonably agreed upon by the Corporation and the City; and provided, further,
that the rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the adjacent property of the City (e.g., the rights shall include,
but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from
time to time located upon the adjacent property of the City, together with the right to “tie-in” or “connect” thereto). If the Lease Term of the Series 2010A Lease terminates prior to
the termination of the term of this Series 2010A Ground Lease, the City and the Corporation shall each have the right to install such meters or submeters as may be reasonably appropriate
to the end that the Corporation is charged for consumption of such utilities on the Series 2010A Facility Facility Sites. (ii) The adjacent property of the City and the Series 2010A
Facility Sites may contain certain elements, features or parts which are structural elements of both the adjacent property of the City and the Series 2010A Facility Sites. Such structural
elements include, but are not necessarily limited to, the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or
within either the Series 2010A Facility Sites or Series 2010A Facilities on the one hand or the adjacent property of the City on the other hand and which, directly or indirectly, in
any way, service the other. Page 33 of 167
4 (B) All division walls (hereinafter referred to as “Party Walls”) between the Series 2010A Facility Sites and the adjacent property of the City upon the common line between the Series
2010A Facility Sites and the adjacent property of the City (hereinafter referred to as the “Lot Line”) provided that the mere fact that such a division wall is found not to be on the
Lot Line shall not preclude that division wall from being a Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures
including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively referred to as “Roofing”) to the extent interrelated between the Series 2010A Facility
Sites and the adjacent property of the City. Should the Roofing of any Series 2010A Facilities extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing
of the adjacent property of the City extend beyond the Lot Line onto the Series 2010A Facility Facility Sites, the right therefor is hereby reserved. (D) The entire concrete floor slab
or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2010A Facilities
and the adjacent property of the City (collectively referred to as “Flooring”). Should the Flooring of the Series 2010A Facilities extend beyond the Lot Line, the right therefor is hereby
granted and should the Flooring of the adjacent property of the City extend beyond the Lot Line onto the Series 2010A Facility Sites, the right therefor is hereby reserved. (iii) The
Series 2010A Facility Sites rights further include the right of the Series 2010A Facilities to encroach upon the adjacent property of the City as a result of minor inaccuracies in survey,
construction or reconstruction or due to settlement or movement. The encroaching Series 2010A Facilities shall remain undisturbed for as long as same exist and, for so long as such encroachment
exists, that portion of the adjacent property of the City on which same exists shall be deemed to be a part of the Series 2010A Facility Sites. In addition, the Series 2010A Facility
Sites rights include the right to utilize that portion of the adjacent property of the City as may be reasonably necessary in order to maintain and repair the Series 2010A Facilities.
The Series 2010A Facility Sites rights further include cross rights of support and use over, upon, across, under, through and into the common structural elements in favor of the Corporation
(and like rights are hereby reserved unto the City) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such common structural
elements. The City, at its sole expense, shall bring or cause to be brought to the Series 2010A Facility Sites adequate connections for water, electrical power, telephone, storm sewerage
and sewerage, and shall arrange with the appropriate utility companies for furnishing such services and shall provide to the Series 2010A Facility Sites water services and capacity sufficient
for the contemplated operation of the Series 2010A Facilities thereon; including, but not limited to, heating, ventilation and air conditioning equipment. Either the City or the Corporation
shall have the right, at its own expense, to request and receive telephone and communication services from the utility companies furnishing such services subject to the customary rules
and regulations of said utility companies whether the companies deliver such services directly through their own conduits or pipes, or through conduits and pipes owned by the City. The
City agrees to grant such utility companies rights of access over, under and across the remaining property of the City adjoining the Series 2010A Facility Sites, if any, as shall be
necessary and convenient Page 34 of 167
5 for the efficient operation of the Series 2010A Facilities, and which do not materially impair the present and future uses of such remaining property of the City, if any. Section 2.
Ground Lease Term; Option to Renew. The initial Lease Term for the Series 2010A Facility Sites shall commence on the commencement date of the Series 2010A Lease (the “Commencement Date”)
and shall end on [November 1, 2044]. If, upon the termination of the Lease Term as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease,
the Corporation or the Trustee as the assignee of the Corporation excludes the City from possession of the Series 2010A Facility Sites and Series 2010A Facilities, the City grants to
the Corporation the right and option to renew this Series 2010A Ground Lease for an additional term not to exceed five (5) years, at a fair market rental to be determined, adjusted and
paid in the manner set forth in Section 3 of this Series 2010A Ground Lease. Notwithstanding the foregoing, this Series 2010A Ground Lease may be terminated by the City on any date prior
to the end of the initial term or any renewal term hereof, which date is at least one (1) day after the date of termination of the Series 2010A Lease, upon not less than ten (10) days
prior written notice to the Corporation, (a) upon payment of the Purchase Option Price, pursuant to Section 7.2 of the Master Lease, with respect to the Series 2010A Facilities, and
full performance and satisfaction of the City’s obligations under the Series 2010A Lease, or (b) upon the provision for payment of all Lease Payments under the Series 2010A Lease pursuant
to Section 7.3 of the Master Lease, together in each case with payment of the sum of $1.00. This Series 2010A Ground Lease may likewise be modified at the request of the City at any
time, upon similar notice and modification of the Series 2010A Lease (a) to reflect the substitution of all or a portion of the Series 2010A Facilities and Series 2010A Facility Sites
in accordance with Section 6.4 of the Master Lease, or (b) upon payment or provision for payment of the Purchase Option Price of all or a portion of one or more particular Series 2010A
Facilities pursuant to Section 7.3 of the Master Lease, to reflect the release of one or more portions of the Series 2010A Facility Sites from this Series 2010A Ground Lease. Section
3. Rent. (a) So long as the Lease Term has not been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, the Corporation shall
pay to the City as and for rental for the Series 2010A Facility Sites the sum of one dollar ($1.00) per annum, which sum shall be due in advance on the Commencement Date (pro rated)
and annually thereafter on the first day of each renewal Lease Term. At the option of the Corporation, the Corporation may prepay all or a portion of the ground rent payable hereunder
for the entire initial lease term hereof from the proceeds of sale of the Series 2010A Certificates or otherwise. (b) From and after the date on which the Lease Term shall have been
terminated as a result of non-appropriation or default pursuant
to Section 4.1(b) or 4.1(c) of the Master Lease, the Corporation shall pay as and for rental for the Series 2010A Facility Sites an amount determined by an M.A.I. appraisal to be the
fair market rental for the Series 2010A Facility Sites (the “Appraisal”), which Appraisal shall be prepared by an appraiser selected by the Trustee as assignee of the Corporation (the
cost of such Appraisal to be paid by the Trustee and reimbursed as provided in Article VI of the Trust Agreement); provided, however, that such fair market rental and the payment thereof
shall be subject to the following adjustments and conditions: Page 35 of 167
6 (i) if the Lease Term shall have been terminated on a date other than September 30 of any year, the fair market rental determined pursuant to the Appraisal shall be pro rated for the
number of days between the date of termination and the next succeeding September 30; (ii) for each twelve month period beginning on the October 1 next succeeding the date on which such
termination occurs and beginning on each succeeding October 1, the amount of the fair market rental determined by the Appraisal shall be adjusted by the percentage (positive or negative)
which is equal to the Implicit Price Deflator of the Consumer Price Index published by the United States Department of Commerce for the region of the United States where Florida is located
or for the United States as a whole if not so published for such region; (iii) the fair market rental due in any year shall be paid in the current year only to the extent that the moneys
received by the Trustee as assignee of the Corporation from the exercise of the remedies permitted under the Series 2010A Lease during the preceding twelve months prior to such October
1 exceeded the principal and interest portion of Basic Lease Payments under the Series 2010A Lease payable for such preceding twelve months and other amounts described in Section 504
of the Trust Agreement; provided, however, that any portion of such fair market rental not paid in any year due to the provisions of this clause (iii) shall remain due and payable and
shall accumulate from year to year and shall be paid in any future year to the extent that moneys received in such year from the exercise of the remedies permitted by the Series 2010A
Lease exceed the principal and interest portion of Basic Lease Payments under the Series 2010A Lease and other amounts described in Section 504 of the Trust Agreement and the fair market
rental due in such years; and (iv) the failure to pay any portion of the fair market rental in any year due to insufficiencies of moneys realized from the exercise of the remedies permitted
permitted under the Series 2010A Lease (1) shall not give rise to any obligation to pay interest on such unpaid fair market rental and (2) shall not constitute a default under this Series
2010A Ground Lease by the Corporation or the Trustee as the assignee of the Corporation. Section 4. Title to Series 2010A Facility Sites; Possession. (a) Upon the Commencement Date and
throughout the term of this Series 2010A Ground Lease, fee title to the Series 2010A Facility Sites shall be in the name of the City, subject to Permitted Encumbrances; title to the
Series 2010A Facilities constructed on the Series 2010A Facility Sites shall be in the name of the Corporation and shall remain severed from title to the Series 2010A Facility Sites
until the earlier of (i) payment in full, or provision for payment, of all Lease Payments under the Series 2010A Lease or payment of the then applicable Purchase Option Price of the
Series 2010A Facilities, in accordance with Sections 7.2 or 7.3 of the Master Lease and Section 2 hereof, or (ii) the end of the term of this Series 2010A Ground Lease. (b) The Corporation
shall at all times during the term of this Series 2010A Ground Lease have a leasehold estate in the Series 2010A Facility Sites with full right to vest the use, enjoyment and possession
of such leasehold estate therein in a Permitted Transferee (as defined herein). (c) Possession and use of the Series 2010A Facility Sites, together with all improvements thereon, shall,
upon the last day of the term of this Series 2010A Ground Lease or earlier termination of this Series 2010A Ground Lease pursuant to Section 2 hereof, automatically revert to the City
free and clear of liens and encumbrances other than Permitted Encumbrances without necessity of Page 36 of 167
7 any act by the Corporation or any Permitted Transferee. Upon such termination of this Series 2010A Ground Lease, the Corporation shall peaceably and quietly surrender to the City the
Series 2010A Facility Sites together with any improvements located in or upon the Series 2010A Facility Sites. Upon such surrender of the Series 2010A Facility Sites, the Corporation
or any Permitted Transferee, at the reasonable request of the City, shall execute an instrument in recordable form evidencing such surrender and shall deliver to the City all books,
records, construction plans, surveys, permits and other documents relating to, and necessary or convenient for, the operation of the Series 2010A Facility Sites in the possession of
the Corporation or any Permitted Transferee. (d) Any personal property of the Corporation, any Permitted Transferee or any Person which shall remain on the Series 2010A Facility Sites
after expiration or earlier termination of the term of this Series 2010A Ground Lease and for thirty (30) days after request by the City for removal, shall, at the option of the City,
be deemed to have been abandoned and may be retained by the City and the same may be disposed of, without accountability, in such manner as the City may see fit. (e) If the Corporation
or any Permitted Transferee holds over or refuses to surrender possession of the Series 2010A Facility Sites after expiration or earlier termination of this Series 2010A Ground Lease,
the Corporation or any Permitted Transferee shall be a tenant at sufferance and shall pay rent equal to the fair market rental of the Series 2010A Facility Sites determined in the manner
provided in Section 3(b) hereof. Section 5. Use of Series 2010A Facility Sites; Assignments and Subleases. The Corporation may use the Series 2010A Facility Sites for any lawful purpose;
however, the parties agree that unless the Series 2010A Lease shall have been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master
Lease, the Series 2010A Facility Sites shall be used solely for municipal purposes. Unless the Series 2010A Lease shall have been so terminated, no assignment of this Series 2010A Ground
Lease or subletting of the Series 2010A Facility Sites may be made except as provided in the Series 2010A Assignment Agreement, the Series 2010A Lease, the Trust Agreement and in any
agreement with a Credit Facility Issuer, if any, without the prior written consent of the City. In the event that the Series 2010A Lease shall be terminated pursuant to Section 4.1(b)
or 4.1(c) of the Master Lease, then the Corporation’s interest in this Series 2010A Ground Lease may be assigned by the Trustee to any third party, including a Credit Facility Issuer
(a “Permitted Transferee”), who may alter, modify, add to or delete from the Series 2010A Facilities existing from time to time on the Series 2010A Facility Sites. The City represents
and covenants that the Series 2010A Facility Sites are presently zoned to allow government use, and that the City shall take no action with respect to zoning or other land use regulation
applicable to the Series 2010A Facility Sites except as directed by the Corporation. The City shall do everything in its power to assist the Corporation in obtaining such building permits,
subdivision approvals, or zoning changes or variances as the Corporation may deem necessary or desirable or such other permits, licenses, approvals or other actions which the Corporation
deems necessary or desirable in order to enable the Corporation to use the Series 2010A Facility Sites for such purposes as the Corporation shall determine, provided, however, that neither
the Corporation nor any Permitted Transferee shall use or permit the Series 2010A Facility Sites to be used in violation of any valid present or future laws, ordinances, rules or regulations
of any public or governmental authority at any time applicable thereto. It is understood that all right, title and interest of the Corporation in and to this Series 2010A Ground Lease
is to be irrevocably assigned by the Corporation to the Trustee pursuant to the Series Page 37 of 167
8 2010A Assignment Agreement, except that the Corporation shall continue to hold title to the Series 2010A Facilities as described in Section 4 hereof and in the Series 2010A Lease.
The City agrees that upon such assignment the Trustee shall have all of the rights of the Corporation hereunder assigned to the Trustee, notwithstanding any claim, defense, setoff or
counterclaim whatsoever (whether arising from a breach of this Series 2010A Ground Lease or otherwise) that the City may from time to time have against the Corporation or any person
or entity associated or affiliated therewith. The City acknowledges that the Trustee is acting on behalf of the holders of the Certificates, as their interest may appear, and may, under
certain circumstances assign this Series 2010A Ground Lease to a Permitted Transferee. Notwithstanding anything to the contrary herein or in any exhibit, instrument, document or paper
relating to this Series 2010A Ground Lease or any of the transactions contemplated hereby, the parties hereto acknowledge and agree that upon the assignment by the Corporation of its
rights hereunder to the Trustee pursuant to the Series 2010A Assignment Agreement, the Corporation shall have no further obligation, liability or responsibility hereunder and no party
hereto nor its successors or assigns shall look to the Corporation for any damages, expenses, fees, charges or claims with respect to the failure of any obligations hereunder to be performed.
Section 6. Right of Entry. Unless the Series 2010A Lease shall have been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease,
the City shall have the right for any of its duly authorized representatives to enter upon the Series 2010A Facility Sites at any reasonable time to inspect the same or to make any repairs,
improvements or changes necessary for the preservation thereof. Section 7. Default. In the event the Corporation shall be in default in the performance of any obligation on its part
to be performed under the terms of this Series 2010A Ground Lease, which default continues for sixty (60) days following notice and demand for correction thereof to the Corporation,
the City may exercise any and all remedies granted by law; provided, however, that so long as any Certificates representing an undivided proportionate interest in a portion of the Basic
Lease Payments payable under the Series 2010A Lease are outstanding and except as provided in Section 2 herein, this Series 2010A Ground Lease shall not be terminated. The City shall
have recourse solely against the leasehold estate of the Corporation in the Series 2010A Facility Sites, and any proceeds thereof, for the payment of any liabilities of the Corporation
hereunder. The rights of the City under this Section 7 shall be subordinate in all respects to the rights of the holders of the Certificates. Section 8. Quiet Enjoyment. The Corporation
at all times during the term of this Series 2010A Ground Lease shall peacefully and quietly have, hold and enjoy enjoy the Series 2010A Facility Sites, without hindrance or molestation
subject to the provisions hereof and of the Series 2010A Lease, the Series 2010A Assignment Agreement and the Trust Agreement. Section 9. Liens. Unless the Series 2010A Lease shall have
been terminated as a result of non-appropriation or default pursuant to Section 4.1(b) or 4.1(c) of the Master Lease, neither the City nor the Corporation shall, directly or indirectly,
create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to such Series 2010A Facility Sites, other than Permitted Encumbrances.
The City shall reimburse the Trustee for any expense incurred by the Trustee in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim. Upon termination
of the Series 2010A Lease as provided above, the Corporation, the Trustee and any Permitted Transferee may enter into a mortgage or other encumbrance of its leasehold estate in the Series
2010A Facility Sites, provided, however, that the City’s title to the Series 2010A Facility Sites shall not be Page 38 of 167
9 subject to or encumbered by any such mortgage or other encumbrance, including without limitation any mechanic’s or materialman’s liens. Section 10. Condemnation. In the event that
any person, public or private, shall by virtue of eminent domain or condemnation proceedings, or by purchase in lieu thereof, at any time during the Ground Lease Term acquire title to
the Series 2010A Facility Sites: (a) So long as the Series 2010A Lease is in effect, the Net Proceeds resulting therefrom shall be applied pursuant to the Master Lease. (b) After the
end of the Lease Term of the Series 2010A Lease, (i) if such person acquires title to such a substantial portion of the Series 2010A Facility Sites that the Corporation determines that
it cannot economically make use of the residue thereof for the lawful purposes intended or permitted by this Series 2010A Ground Lease, such acquisition of title or payment of such claim
shall terminate the Ground Lease Term, effective as of the date on which the condemning party takes possession thereof or on the date of payment of such claim, as applicable, and the
Net Proceeds resulting therefrom shall be paid to the City and the Corporation, as their respective interests may appear; and (ii) if such person acquires title to a portion of the Series
2010A Facility Sites such that the Corporation determines that it can economically make beneficial use of the residue thereof for the purposes intended by this Series 2010A Ground Lease,
then this Series 2010A Ground Lease shall continue in full force and effect and the Net Proceeds resulting therefrom shall be paid to the City and the Corporation, as their respective
interests appear. (c) Any taking of any portion of the Series 2010A Facility Sites shall be deemed substantial hereunder. (d) It is understood that the foregoing provisions of this Section
10 shall not in any way restrict the right of the City or the Corporation to appeal the award made by any court or other public agency in any condemnation proceeding. Section 11. Estoppel
Certificates. The City, at any time and from time to time, upon not less than thirty (30) days prior written notice from the Corporation, will execute, acknowledge and deliver to the
Corporation, or to whomsoever it may direct, a certificate of the City certifying that this Series 2010A Ground Lease is unmodified (or, if there have been any modifications, identifying
the same), that this Series 2010A Ground Lease is in full force and effect and that there is no default hereunder (or, if so, specifying the default). It is intended that any such certificate
may be relied upon by any Person. Section 12. Amendments. Other than amendments in connection with the acquisition of the Series 2010A Facility Sites, no amendment may be made to this
Series 2010A Ground Lease without the prior written consent of the Trustee and each Credit Facility Issuer securing a Series of Certificates representing an undivided proportionate interest
in a portion of the Basic Lease Payments payable under the Series 2010A Lease. In the event that there is no Credit Facility Issuer, except as otherwise provided herein, the consent
of the Holders of at least a majority in principal amount of the Certificates Outstanding who are affected by such amendment shall be required. Notwithstanding the foregoing, this Series
2010A Ground Lease may be amended without the prior written consent of the Trustee and the Credit Facility Issuer, if any, or the consent of the Holders of Certificates if the purpose
for such amendment does not require consent pursuant to Section 9.4 of the Series 2010A Lease. Copies of all amendments hereto shall be provided to each Rating Agency, whether effected
pursuant to Section 702 or Section 703 of the Trust Agreement. Page 39 of 167
10 Section 13. Binding Effect. This Series 2010A Ground Lease shall inure to the benefit of and shall be binding upon the Corporation and the City and their respective successors and
assigns, provided, however, that the Trustee is entitled to the benefits of the provisions hereof. Section 14. No Merger of Leasehold Estate. There shall be no merger of this Series
2010A Ground Lease or of the leasehold estate hereby created with the fee estate in the Series 2010A Facility Sites by reason of the fact that, through the exercise of remedies hereunder
or otherwise, the same person may acquire or hold, directly or indirectly, this Series 2010A Ground Lease or leasehold estate hereby created or any interest herein or therein, and the
fee estate in the Series 2010A Facility Sites or any interest in such fee estate. There shall be no merger of this Series 2010A Ground Lease with the Series 2010A Lease by reason of
the fact that the City is the owner of the fee title to the Series 2010A Facility Sites and the leasehold estate in the Series 2010A Facilities created under the Series 2010A Lease or
by reason of the fact that the Corporation is the owner of the leasehold estate in the Series 2010A Facility Sites created hereby and is the owner of the fee title in the Series 2010A
Facilities as provided in the Series 2010A Lease. Section 15. Notices. All notices, certificates, requests or other communications hereunder shall be in writing and shall be sufficiently
given and shall be deemed given when delivered or mailed by certified mail, postage prepaid to the following addresses, or to such other address or addresses as shall be designated by
the parties in writing: Corporation: Miami Gardens Leasing Corporation c/o City of Miami Gardens, Florida 1515 NW 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 Attention:
President City: City of Miami Gardens, Florida 1515 NW 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 Attention: City Manager Trustee: Wells Fargo Bank, N.A. 301 East
Pine Street, Suite 1150 Orlando, Florida 32801 Attention: Corporate Trust Department Section 16. Severability. In the event any provision of this Series 2010A Ground Lease shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 17. Applicable Law. This
Series 2010A Ground Lease shall be governed by and construed in accordance with the laws of the State of Florida. Section 18. Execution in Counterparts. This Series 2010A Ground Lease
may be executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. Page 40 of 167
11 Section 19. Memorandum of Ground Lease. Simultaneously with the execution of this Series 2010A Ground Lease, the City and the Corporation shall each execute, acknowledge and deliver
a Memorandum of Ground Lease with respect to this Series 2010A Ground Lease. Said Memorandum of Ground Lease shall not in any circumstances be deemed to change or otherwise to affect
any of the obligations or provisions of this Series 2010A Ground Lease. Upon the modification of this Series 2010A Ground Lease as provided in Section 2 hereof, the Memorandum of Ground
Lease shall be appropriately amended. Section 20. No Personal Liability. No covenant or agreement contained in this Series 2010A Ground Lease shall be deemed to be the covenant or agreement
of any official of the City or the Corporation or any officer, employee or agent of the City or the Corporation, or of any successor thereto, in an individual capacity, and neither the
members of the City or the Corporation executing this Series 2010A Ground Lease nor any officer, employee, agent of the City or the Corporation shall be personally liable or accountable
by reason of the execution or delivery hereof. Section 21. Third Party Beneficiary. Each Credit Facility Issuer securing the Certificates shall be deemed to be a third party beneficiary
of this Series 2010A Ground Lease. Section 22. Radon Gas. Pursuant to Section 404.056, Florida Statutes, the following notification is hereby given: “RADON GAS: Radon is a naturally
occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”
[Remainder of Page Intentionally Left Blank] Page 41 of 167
12 IN WITNESS WHEREOF, the Corporation has caused this Series 2010A Ground Lease to be executed in its corporate name and its corporate seal to be hereunto affixed and attested by its
duly authorized officers and the City has caused this Series 2010A Ground Lease to be executed in its name and its seal to be hereunto affixed by its duly authorized officials, all as
of the date first above written. [SEAL] Attest: By: Ronetta Taylor, MMC City Clerk CITY OF MIAMI GARDENS, FLORIDA By: [_____________] Mayor [SEAL] Attest: By: Ronetta Taylor, MMC Secretary
MIAMI GARDENS LEASING CORPORATION By: [_____________] President Page 42 of 167
13 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The undersigned, a Notary Public in and for the said County in the State aforesaid, do hereby certify that [______________] and Ronetta
Taylor, MMC, personally known to me to be the same persons whose names are, respectively, as Mayor and City Clerk, respectively, of the CITY OF MIAMI GARDENS, FLORIDA, subscribed to
the foregoing instrument, appeared before me this day in person and severally acknowledged that they, being thereunto duly authorized, signed, sealed with the seal of said City, and
delivered the said instrument as the free and voluntary act of said City and as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and
notarial seal this ____ day of November, 2010. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public, Print, Stamp or Type as Commissioned.) Personally
known to me, or Produced identification ______________________________ (Type of Identification Produced) Page 43 of 167
14 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The undersigned, a Notary Public in and for the said County in the State aforesaid, do hereby certify that [______________] and Ronetta
Taylor, MMC, personally known to me to be the same persons whose names are, respectively, as President and Secretary of MIAMI GARDENS LEASING CORPORATION, a Florida not-for-profit corporation,
subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they, being thereunto duly authorized, signed, sealed with the seal of said
corporation, and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this ____ day of November, 2010. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public, Print, Stamp or Type as Commissioned.)
Personally known to me, or Produced identification ______________________________ (Type of Identification Produced) Page 44 of 167
A-1 EXHIBIT A SERIES 2010A FACILITY SITES A. Description of Real Estate Tract "A", of CITIZENS NATIONAL TRACT, according to the Plat thereof, as recorded in Plat Book 84, at Page(s)
8, of the Public Records of Miami-Dade County, Florida. B. Permitted Encumbrances 1. Restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status or national origin), covenants, easement(s), setback(s), if any, as may be shown on the Plat recorded in Plat Book 2, Page(s)
96, of the Public Records of Miami-Dade County, Florida. 2. Restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status or national origin), covenants, easement(s), setback(s), if any, as may be shown on the Plat recorded in Plat Book 66, Page(s) 110, of the Public
Records of Miami-Dade County, Florida. 3. Restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin), covenants, easement(s), setback(s), if any, as may be shown on the Plat recorded in Plat Book 84, Page(s) 8, of the Public Records of Miami-Dade
County, Florida. 4. Covenants, conditions and restrictions (but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status,
marital status, disability, handicap, national origin, ancestry, or source of income , as set forth in applicable state or federal laws, except to the extent that said covenant or restriction
is permitted by applicable law) as set forth in the document recorded on June 16, 1958, in 58R-92738, of the Public Records of Miami-Dade County, Florida. 5. Easement(s) for the purpose(s)
as may be shown below and rights incidental thereto as set forth in a document for the purpose of water and sewer service, recorded on April 18, 1978, in O.R. Book 10007, Page 1809,
of the Public Records of Miami-Dade County, Florida. 6. Any rights or interests as indicated by that certain instrument Unity of Title, recorded on February 20, 1963, in Clerk's File
No. 63R-29933, of the Public Records of Miami-Dade County, Florida. 7. Any rights or interests as indicated by that certain instrument Agreement, recorded on January 16, 1964 recorded
Clerk's File No. 64R-9544, of the Public Records of Miami-Dade County, Florida. 8. Notice of Violations recorded August 18, 2003 in Official Records Book 21546, Page 2173, of the Public
Records of Miami-Dade County, Florida. 9. [Matters shown by that certain survey prepared by Caulfield & Wheeler, Inc. Survey No. 2822-1, revised January 8, 2008.] MIA 181,270,466v2122872.010100
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 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: SFWMD Stormwater Grant and Pub Storlic Work mwater Fund s 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 TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF SIXTY-TWO THOUSAND, EIGHT HUNDRED AND SEVENTY DOLLARS ($62,870.00) TO CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. FOR TWO
(2) STORMWATER PROJECTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: In the middle of this year, the South Florida Water Management District
(SFWMD) informed the City of available funding for stormwater projects. The City applied and received funding in the amount of $162,073 which was presented to Council in November 2009.
This awarded amount, along with matching funds from the City, will support two stormwater projects amied to minimize ponding and to afford better drainage: 1) NW 21st Avenue between
NW 194thTerrace and NW 196th Street: • $131, 096 (SFWMD) + $218,904 (City) = $350,000 2) NW 38th Place between NW 208th and 209th Street: ITEM J-1) CONSENT AGENDA RESOLUTION P.O. to
Chen and Associates Consulting Engineers, Inc. Page 46 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • $30,977 (SFWMD) + $120,000 (City) = $150,977 On February 25, 2009, City Council in accordance with Resolution
No #2009-41-959 authorized the City Manager to approve a Nonexclusive Continuing Contract with Chen & Associates Civil & Environmental Engineers, located in Miami Beach,
FL for civil and environmental engineering services. Staff and Chen Engineers prepared a scope of services, a schedule and appropriate fee for these stormwater projects. The proposed
fee for the design services, which includes construction documents, is: 1) NW 21st Avenue between NW 194th Terrace and NW 196th Street $44,520. 2) NW 38th Place between NW 208th and
209th Street $18,350. TOTAL: $62,870. Proposed Action: That City Council approve the attached resolution authorizing the City Manager to issue a purchase order to Chen & Associates Civil
& Environmental Engineers, located in Miami Beach, FL. for engineering services for two stormwater projects, NW 38 Place and NW 21 Avenue, in an amount of $62,870. Attachment: Exhibit
A Scope of Services (NW 38 Place) Exhibit B Scope of Services (NW 21 Avenue) Page 47 of 167
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 TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF SIXTY-TWO THOUSAND, EIGHT HUNDRED AND SEVENTY DOLLARS ($62,870.00) TO CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. FOR TWO (2)
STORMWATER PROJECTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the South Florida Water Management District (‘SFWMD”) awarded One Hundred Sixty-Two
Thousand, Seventy-Three Dollars ($162,073.00) to the City to support two (2) stormwater projects, and WHEREAS, the projects will be aimed at improving the drainage along N.W. 21st Avenue
from N.W. 194th Terrace to N.W. 196th Street, and at N.W. 38th Place, from N.W. 208th to 209th Street, and WHEREAS, on February 25, 2009, the City Council adopted Resolution No. 2009-41-959,
which authorizes the City Manager to approve a non-exclusive continuing contract with Chen and Associates Consulting Engineers, Inc. (“Chen”), located in Miami Beach, Florida for civil
and environmental engineering services, and WHEREAS, City staff and Chen’s engineers prepared a scope of services and a schedule of appropriate fees for the proposed stormwater projects,
and WHEREAS, the proposed fee for the design services for the stormwater project, which includes construction documents is Sixty-Two Thousand, Eight Hundred Seventy Dollars ($62,870.00),
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 48 of 167
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 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 issue a purchase order in the amount of Sixty-Two Thousand, Eight Hundred Seventy Dollars ($62,870.00) to Chen and Associates Consulting Engineers, Inc., for engineering
services for two (2) stormwater projects. 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 _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA
TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ 2 Page 49 of 167
3 1 2 3 VOTE: _____ 4 Mayor Shirley Gibson (Yes) ___(No) 5 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 6 Councilman Melvin L. Bratton (Yes) ___(No) 7 Councilman Oliver Gilbert, III
(Yes) ___(No) 8 Councilwoman Barbara Watson (Yes) ___(No) 9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) 11 12 13 Page 50 of 167
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 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: Code Compliance sion ‐Ge al Divi und ner F Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name
Dr. Danny Crew, City Manager Department: Building and Code Compliance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING MINIMUM AND MAXIMUM
VALUES FOR LIEN AMNESTY PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Since 2007, the City has issued 1,332 residential
and commercial violations resulting in approximately $30,774,874.00 in liens. While a significant number of the warning and civil violation notices prompted the property owner to remedy
the condition and come into compliance, many of the violations remain unaddressed and the lien lien amounts continued to accrue daily. As a result, the City created a period of lien
amnesty which addressed the back‐log of liens on record and sought to provide relief to the property owners. Property owners seeking lien amnesty must submit an application and pay a
$75.00 fee. In order to calculate a settlement amount the Code Compliance Division reduces the outstanding fine amount by 95% and assesses a $60.00 administrative fee per civil violation.
However, in some cases, the reduced amount offered under lien amnesty can be in excess of what a property owner can responsibly be expected to pay. ITEM J-2) CONSENT AGENDA RESOLUTION
Lien Amnesty Program Page 71 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 For Example: • Property Owner Lien amount : $ 2,820,500.00 • Lien Amnesty program amount : $ 141,160.00 • VALUE
OF THE HOME: $ 130,000.00 Consequently, the liens remain on the property, abandoned properties remain unoccupied, and the housing stock deteriorates. Establishing minimum and maximum
values for the Lien Amnesty Program increases the likelihood of the property owner’s ability to pay. This methodology for the settlement of fines will also attract more buyers to our
community and ultimately new residents. The recommended minimum and maximum settlement amounts are provided below: Single‐family home (homestead): • Minimum amount that may be assessed
for a lien under amnesty program: $500 per lien not to include hard costs. • Maximum amount that may be assessed for a lien under amnesty program: $7,500 per lien not to include hard
costs. Single‐family home (non‐homestead): • Minimum amount that may be assessed for a lien under amnesty program: $1,000 per lien not to include hard costs. • Maximum amount that may
be assessed for a lien under amnesty program: $10,000 per lien not to include hard costs. Commercial Property: • Minimum amount that may be assessed for a lien under amnesty program:
$1,500 per lien not to include hard costs. • Maximum amount that may be assessed for a lien under amnesty program: $15,000 per lien not to include hard costs. Proposed Action: Implementing
minimum and maximum values for Lien Amnesty Program to ensure a reasonable disposition of outstanding fines, increase occupancy, and improve quality of life. Attachment: None Page 72
of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 73 of 167
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, IMPLEMENTING MINIMUM
AND MAXIMUM VALUES FOR LIEN AMNESTY PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, since 2007, the City has issued One Thousand, Three
Hundred Thirty-Two (1,332) code enforcement violations resulting in approximately Thirty Million, Seven Hundred Seventy-Four Thousand, Eight Hundred Seventy-Four Dollars ($30,774,874.00)
in liens, and WHEREAS, although the City established a lien amnesty program to allow property owners to pay 5% of the total accrued fines, in many cases the reduced amount under the
lien amnesty program exceeds the value of the property, and WHEREAS, City staff recommends that the Council establishes a lien amnesty settlement range of minimum and maximum values
for property owners who desire to partake in the Lien Amnesty Program, and WHEREAS, a fixed settlement range will encourage property owners to satisfy code enforcement liens and reduce
blight in the community, 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. IMPLEMENTATION OF MINIMUM AND MAXIMUM VALUES FOR
LIEN AMNESTY PROGRAM: 1 Page 74 of 167
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 The City Council of the City of Miami Gardens hereby establishes a settlement range
for the payment of code enforcement liens under the City’s Lien Amnesty Program as follows: A. Homestead Property 1. The minimum amount that shall be assessed for settlement of a lien
under the Amnesty Program shall be $500 per lien not to include hard costs incurred by the City. 2. The maximum amount that shall be assessed for settlement of a lien under the Amnesty
Program shall be $7,500 per lien not to include hard costs incurred by the City. B. Non-Homestead Residential Property 1. The minimum amount that shall be assessed for settlement of
a lien under the Amnesty Program shall be $1,000 per lien not to include hard costs incurred by the City. 2. The maximum amount that shall be assessed for settlement of a lien under
the Amnesty Program shall be $10,000 per lien not to include hard costs incurred by the City. C. Commercial Property 1. The minimum amount that shall be assessed for settlement of a
lien under the Amnesty Program shall be $1,500 per lien not to include hard costs incurred by the City. 2. The maximum amount that shall be assessed for settlement of a lien under the
Amnesty Program shall be $15,000 per lien not to include hard costs incurred by the City. 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 _________________, 2010. 2 Page 75 of 167
3 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 K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 25 Mayor Shirley Gibson (Yes) ___(No) 26 Vice
Mayor Aaron Campbell, Jr. (Yes) ___(No) 27 Councilman Melvin L. Bratton (Yes) ___(No) 28 Councilman Oliver Gilbert, III (Yes) ___(No) 29 Councilwoman Barbara Watson (Yes) ___(No) 30
Councilwoman Sharon Pritchett (Yes) ___(No) 31 Councilman André Williams (Yes) ___(No) 32 33 34 Page 76 of 167
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: 1st Reading
2nd Reading X Public Hearing: Yes No Yes No X Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: 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, SUPPORTING THE SOUTH FLORIDA AND TREASURE COAST REGIONAL PLANNING
COUNCILS IN PREPARING A COMPREHENSIVE JOINT APPLICATION UNDER THE FEDERAL SUSTAINABLE COMMUNITIES INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING,
ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING A TWENTY PERCENT LOCAL IN‐KIND MATCH IN FUNDS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE Staff Summary: Background The South Florida and Treasure Coast Regional Regional Planning Councils (RPC’s) are developing a joint application to the U.S.
Department of Housing and Urban Development (HUD) Sustainable Communities Planning Grants Program through a collaborative effort of the Southeast Florida Regional Partnership. The Notice
of Funding Availability is expected to be released at the end of May with the application due this summer. A key component of the Sustainable Communities Initiative is the development
of a “Regional Plan for Sustainable Development” for regions that lack a cohesive, integrated regional “vision” across issue areas and jurisdictional boundaries. This program is expected
to provide up to $5 million for large metropolitan regions to support the development of the Regional Plan. This Plan will serve as the framework for future federal investment and support
the efforts of individual counties, municipalities and other partners whose plans and projects further the implementation of the regional vision and plan. ITEM J-3) CONSENT AGENDA RESOLUTION
Regional Planning Initiative Page 77 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation The City of Miami Gardens already engages in a number of sustainable/green initiatives. The RPC’s
Partnership is inviting cities such as Miami Gardens to partner in this effort towards sustainable development and redevelopment of Southeast Florida. The “Livability Principles” which
guide the work of the Partnership are: o Provide more transportation choices o Promote equitable, affordable housing o Enhance economic competitiveness o Support existing communities
o Coordinate policies and leverage investment o Value communities and neighborhoods o Enhance community resiliency to the impacts of Climate Change The City’s participation with the
Southeast Florida Regional Partnership provides a positive opportunity for the City to be recognized for our current efforts in the area of green initiatives and sustainable development
as well as support a regional coalition in these efforts. Potential additional funding for the region is also envisioned. Regarding the funds for this effort, a 20% local match requirement
is anticipated to be in‐kind. A proposed memorandum of understanding does not obligate the City in any way. Proposed Action: Staff recommends that Council adopt a resolution supporting
the City’s participation in the Federal Sustainable Communities Planning Grant Program with the Treasure Coast and South Florida Regional Planning Councils including transmittal of a
letter of support and signing of a memorandum of understanding. Attachment: Attachment A – Letter of Support Attachment B – Memorandum of Understanding Page 78 of 167
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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING
THE SOUTH FLORIDA AND TREASURE COAST REGIONAL PLANNING COUNCILS IN PREPARING A COMPREHENSIVE JOINT APPLICATION UNDER THE FEDERAL SUSTAINABLE COMMUNITIES INITIATIVE; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING, ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING A TWENTY PERCENT LOCAL IN-KIND MATCH IN FUNDS; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 16, 2009, the U. S. Department of Housing and Urban Development (“HUD”) and the U.S.
Environmental Protection Agency (“EPA”) announced a new partnership, to regionally coordinate federal housing, environmental protection, and transportation planning and investment, and
WHEREAS, the South Florida and Treasure Coast Regional Planning Councils (“RPC”) are developing a joint application to HUD’s Sustainable Communities Planning Grant Program, and WHEREAS,
the City of Miami Gardens already engages in a number of sustainable development and green initiatives, and the RPC is inviting cities, such as Miami Gardens, to partner in its efforts
towards the sustainable development and redevelopment of Southeast Florida, and WHEREAS, the City must execute a Memorandum of Understanding and provide a twenty percent (20%) local
in-kind match, however, the proposed Memorandum of Understanding does not obligate the City to provide a firm commitment to the RPC collaboration, and 1 Page 79 of 167
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, staff recommends that City Council adopt a Resolution supporting the City’s participation in the Federal Sustainable
Communities Planning Grant Program with the South Florida and Treasure Coast Regional Planning Councils, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific
part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby supports the City’s involvement in the Federal Sustainable Communities Planning
Grant Program with the South Florida and Treasure Coast Regional Planning Councils, and further authorizes the City Manager to execute a Memorandum of Understanding, attached hereto
as Exhibit “A”. Section 3. AUTHORIZATION: The City Council hereby authorizes a Twenty Percent (20%) local local in-kind match in funds to support the green initiatives and sustainable
development programs of the South Florida and Treasure Coast Regional Planning Councils. Section 4. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three
(3) fully executed copies of the Mayor’s Letter of Support and a Memorandum of Understanding, with one (1) to be maintained by the City, and two (2) to the delivered to the South Florida
and Treasure Coast Regional Planning Councils, respectively. 2 Page 80 of 167
3 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 Section 5. 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 _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST:
_________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE:
_____ 33 Mayor Shirley Gibson (Yes) ___(No) 34 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 35 Councilman Melvin L. Bratton (Yes) ___(No) 36 Councilman Oliver Gilbert, III (Yes) ___(No)
37 Councilwoman Barbara Watson (Yes) ___(No) 38 Councilwoman Sharon Pritchett (Yes) ___(No) 39 Councilman André Williams (Yes) ___(No) Page 81 of 167
City of Miami Gardens July 14, 2010 Shirley Gibson Mayor Aaron Campbell Jr. Vice Mayor Melvin L. Bratton Council Member Oliver G. Gilbert III Council Member Sharon Pritchett Council
Member Barbara Watson Council Member André Williams Council Member Dr. Danny O. Crew City Manager Ronetta Taylor, MMC City Clerk Sonja K. Dickens City Attorney The Honorable Samuel Ferreri,
Chair The Honorable Joseph Scuotto, Chair Treasure Coast Regional Planning Council South Florida Regional Planning Council 421 SW Camden Avenue 3440 Hollywood Boulevard, Suite 140 Stuart,
Florida 34994 Hollywood, Florida 33021 Subject: Federal Sustainable Communities Initiative Dear Chairman Ferreri and Chairman Scuotto: The City of Miami Gardens continues implementing
sustainable development programs within the City. From our proposed City Hall being LEEDS Platinum to our award winning Comprehensive Plan’s new urbanism approach within the City’s three
major transportation corridors, we are committed to green initiatives and similar programs to enhance our community. A list of our programs related to this effort is attached. By this
letter, we wish to express our support for a joint, regional application to the U.S. HUD Sustainable Communities Planning Grants Program that will be submitted by the South Florida and
Treasure Coast Regional Planning Councils (Councils) on the behalf of the many public, private, non-profit, and other regional stakeholders from the sevencounty region of Monroe, Miami-Dade,
Broward, Palm Beach, Martin, St. Lucie, and Indian River Counties. This application is being developed through a collaborative partnership of regional stakeholders including transportation
agencies, water resource, housing, environmental agencies; local governments, non-profits, academia, and private sector organizations. A key component of the Sustainable Communities
Initiative is the development of a “Regional Plan for Sustainable Development” that will serve as the framework for the creation of a more sustainable region. We recognize the need for,
and support the development of this multijurisdictional, regional plan and cohesive, integrated “vision” across issue areas and political boundaries in Southeast Florida. We support
your efforts and look forward to continuing to work in partnership with the Councils and other regional stakeholders in this important effort. Sincerely yours, Shirley Gibson, Mayor
Attachment: City of Miami Gardens Green Initiatives 1515 N.W. 167th Street ● Bldg.5 ● Suite 200 ● Miami Gardens, Florida 33169 ● Tel: (305) 622-8000 ● Fax: (305) 622-8001 ● www.miamigardens-fl.gov
Page 82 of 167
• City of Miami Gardens Green Initiatives • City Hall: The City is currently in the process of constructing the largest, new construction City Hall in the United States expected to be
certified as LEED Platinum. LEED Platinum is the highest rating a building can achieve requiring state-of-the-art sustainability features from site generated electricity to use of wood
from certified sustainable forests. The $53 million, 120,000 square foot facility includes a City Hall, Police Headquarters and a 500 car parking structure. Currently in design, construction
is expected to be completed by early 2013. • In 2007 and in 2010, the City adopted ‘new urbanism’ principles for land use in the city. These included density credits for development
near existing public transportation nodes, pedestrian friendly standards for sidewalks and bikes, enhanced landscaping standards, and tougher stormwater standards for runoff. The City’s
first Comprehensive Development Master Plan adopted in 2007 won two outstanding innovation awards. The Plan envisions mixed use, new urbanism development along the City’s three major
transportation corridors. These three corridors, designated “Commerce Areas” in the Plan, were translated into a unique new zoning district called, “Planned Corridor Development” in
the City’s new Zoning Code adopted in 2010. • The City developed a Livable Community Study which included green principles for roadway and adjacent-to-roadway design. These principles
were incorporated as city-wide major corridor streetscape standards in the new Zoning Code. • During the 2009-2010 school year the City of Miami Gardens partnered with Kids Ecology Corp
to provide environmental education to 16 of the city’s 18 elementary public schools. The curriculum offered a unique hands-on presentations and eco-action programs that educate children
and youth about: keeping our oceans clean; the importance of trees; the role re-planting our coastal wetlands play in beach conservation; water conservation; pollution prevention; global
climate change and energy conservation; and protecting local natural habitats for native wildlife. It is a program we hope to provide for all of our school in the 2010-2010. • Keep America
Beautiful's Great American Cleanup, the nation's largest community improvement program, takes place annually from March 1 through May 31, involving an estimated 3 million volunteers
and attendees. The hardworking volunteers donated more than 5.2 million hours in 2009 to clean, beautify and improve more than 32,000 communities during more than 30,000 events in all
50 states and beyond. Our City’s activities included beautifying parks and recreation areas, cleaning seashores and waterways, handling recycling collections, picking up litter, planting
trees and flowers, and conducting educational programs and litter-free events. The city has been participating annually since 2005. • Arbor Day is a nationally-celebrated observance
that encourages tree planting and care. This is the fifth year Miami Gardens has earned its Tree City national certification. Miami Gardens also received a Tree City USA Growth Award
for demonstrating progress in its community forestry program in the following activity areas: • Education and Public Relations • Literature distribution • Local awards program • Youth
education • Planning and Management Page 83 of 167
• Tree-maintenance budget • Miami Gardens has planted over 5,000 trees throughout the city and have given away an additional 4,000 trees to our residents. • Earth Day is a day that inspires
awareness and appreciation for the Earth's natural environment. Each year city volunteers remove litter, plants trees and beautify neighborhoods in recognition of Earth Day. • In conjunction
with Earth Day, the City holds a yearly art contest for various aged students to come up with an environmental themed work of art. Winners receive small cash prizes. • The City also
holds a “Trashion” show for school kids. Here, the students must make a fashion garment out of recycled materials. A runway show is held and winners receive a cash prize and recognition.
• An easy way to lower a water bill and save water is to participate in North Miami Beach /City of Miami Gardens Showerhead Exchange Program. This program is available to all Miami Gardens
residents. To participate, simply remove the old, water-wasting showerhead and bring it in to the city’s Public Works Office. Residents can trade in the old showerhead and receive a
new, high-efficiency showerhead with pulsating massage settings. • Earth Hour is a global event organized by WWF (World Wide Fund for Nature, also known as World Wildlife Fund) and is
held on the last Saturday of March annually, asking households and businesses to turn off their non-essential lights and other electrical appliances for one hour to raise awareness towards
the need to take action on climate change. Miami Gardens has taken this global effort one step further by giving away over 1,000 compact fluorescent light bulbs (Low-energy light-bulb)
to our resident since 2009. • Through the KAB /Waste Management grant, Miami Gardens has outfitted 10 of the City’s most frequented parks with aluminum can and glass bottle recycling
bins. The city is also donating recycling bins to businesses, churches, schools and community organizations that are currently recycling or are soon to provide recycling services for
their property. The city provides paper recycling services to all of its office buildings. • Each year the city sponsors an environmental friendly art competition. The contest differs
from year to year, but the ultimate goal is to get young people thinking about their impact on our environment and how they can make our planet a cleaner place. • The City has hired
three Department of Corrections’ work crews to remove litter from our roadways. Each crew consists of 6 inmate volunteers who remove litter five days per week. This is funded by the
City’s Stormwater Utility at $55,000 per year per crew. Over the past three years, these crews have collected over 28,000 bags of litter destined for our waterways. • City funds an energy
efficiency retrofit program for residents – The City is leveraging $107,000 of DOE funds with $150,000 in CDBG-R funds for this program. The program consists of installing insulation,
replacing inefficient central air conditioning units, and replacing inefficient water heaters. The application deadline was Friday, June 25 and to date the City has received over 240
applications, 6 homes having receive new insulation and air conditioning and 4 homes are scheduled for installation next week. • City fund an energy efficiency retrofit program for businesses
– The City has budgeted $150,000 for this program, which will mirror our current Business Incentive Program. Eligible local business owners who
are approved will receive a free energy audit of their business location, and will be eligible for up to $15,000 in loan funds (in the form of a 5-year forgivable loan) to implement
the energy efficient and conservation upgrades that are identified in the energy audit. Staff is currently working on the policies and procedures and will be issuing an RFP for energy
audit services within the next month. Page 84 of 167
• City is Developing Green ordinances (standards for rezoning and building design) – The City has budgeted $50,000 for this program, which will include first the review of and then the
enhancing of our current codes and ordinances in an effort to develop specific green design standards including rezoning, development standards, landscaping requirements, and plans for
incentives. An RFP will be issued within the next month for consulting services to assist us with this program. • City has funded the installation of Musco Sports lighting at City Parks
to reduce energy consumption of fossil fuel powered generator lighting – The City has budgeted $240,000 for this project, which includes the replacement of inefficient lighting at the
baseball field and installing new lighting at the football/soccer field at Miami Carol City Park. The replacement of the lighting will reduce energy consumption and green house gas emissions
currently being emitted by portable diesel fueled lighting. This project is underway, and installation of the lighting is scheduled to be completed in August 2010. • City has funded
development of an Energy Management System that will aid City in tracking its energy performance and setting energy savings priorities – The City has budgeted $50,000 for this program.
With all these energy efficient and conservation programs the City needed a system of tracking the energy saved, the green house gas emissions reduced, the water conserved, etc. This
program will include the development of a tracking program and any hardware or software that the City will need to purchase in order to be able to track our savings. An RFP for consulting
services to help us design and implement this program will be issued within the next month. • Weatherization. Over the past four years, the City has used CDBG and ARRA funds to assist
lower income households cut their energy costs through substantial weatherizing of their existing homes. • In 2007, the City used the proceeds of a HUD “Dollar” house to set up a program
where where the city would provide free florescent bulbs to families turning in old incandescent bulbs. • Shop with a Cop: The members of the City’s police department collect donations
from its officer to purchase energy star appliances for needy homeowners in the City. This not only helps the families by receiving a new appliance, but also contributes to a reduction
in their monthly energy bills. Page 85 of 167
SUSTAINABLE COMMUNITIES INITIATIVE MEMORANDUM OF UNDERSTANDING FOR THE SOUTHEAST FLORIDA REGION I. Purpose The purpose of this Memorandum of Understanding (MOU) is to provide a mutual
understanding in support of the signatory agencies, organizations, governments, and individuals that will be working in cooperation to: 1) prepare a successful Sustainable Communities
Initiative (SCI) grant application; and 2) complete the work funded under the SCI grant. II. Background On June 16, 2009, the U.S. Department of Housing and Urban Development (HUD) joined
with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) to help improve access to affordable housing, more transportation options, and lower
transportation costs while protecting the environment in communities nationwide. A set of guiding livability principles and a federal interagency partnership agreement is intended to
guide their efforts in coordinating federal housing, transportation, and other infrastructure investments designed to protect the environment, promote equitable development, and help
to address the challenges of climate change. Congress provided a total of $150,000,000 to U.S. HUD for the SCI program to encourage regional planning efforts that integrate housing and
transportation decisions, and increase State, regional and local capacity to incorporate livability, sustainability and social equity principles into land use and zoning. From that total
amount, $100,000,000 is being made available to encourage metropolitan regions to develop integrated regional plans that articulate a vision for growth that federal housing, transportation
and other federal investments can support. 1 Page 86 of 167
More importantly, the three federal agencies have made a commitment to utilize the integrated regional plans or visions to guide their planning and funding decision-making. Funding to
these metropolitan regions would generally be directed towards programs and projects identified in “Regional Plans for Sustainability” aimed at increasing transportation choices, reducing
combined housing and transportation costs for American families, improving the quality of life in communities, and improving the natural and built environment. III. Agreement Whereas,
there is a recognized need among the signatories for a coordinated, collaborative regional effort to prepare and carry out a successful SCI grant application and work program; and Whereas,
an SCI grant application and work program will be prepared and managed by the Treasure Coast and South Florida Regional Planning Councils in cooperation with the MOU signatories, including,
but not limited to, City of Miami Gardens, Florida, with the intent of establishing a comprehensive regional plan or vision identifying critical projects and infrastructure to: 1) improve
the Region’s sustainability; and 2) assist and guide federal funding agencies in prioritizing and focusing future federal investment in Southeast Florida; and Whereas, the signatories
agree to the best of their abilities and within the limits of their budgets to work cooperatively on the grant application and funded project; and Whereas, any private sector organization,
non-profit, academic or research institution, philanthropic partner, community organization, governmental entity, individual, or intermediary agency that bears responsibility for or
has an interest in the sustainable development and redevelopment of Southeast Florida may be a partner and signatory to this MOU; and 2 Page 87 of 167
Whereas, each of the signatories to this MOU understands urban redevelopment and the promotion of infill development in Southeast Florida represents environmental, transportation, social,
and economic and community development strategies for restoration of the Everglades ecosystem and advancing the goals of the federal SCI program; and Whereas, each of the signatories
to this MOU is committed to following the Livability Principles relating to the sustainable development and redevelopment of Southeast Florida: 1. Provide more transportation choices.
Develop safe, reliable and economic transportation choices to decrease household transportation costs, reduce our nation’s dependence on foreign oil, improve air quality, reduce greenhouse
gas emissions, and promote public health. 2. Promote equitable, affordable housing. Expand location-and energy-efficient housing choices for people of all ages, incomes, races and ethnicities
to increase mobility, and lower the combined cost of housing and transportation. 3. Enhance economic competiveness. Improve economic competiveness through reliable and timely access
to employment centers, educational opportunities, services, and other basic needs by workers as well as expanded business access to markets. 4. Support existing communities. Target funding
toward existing communities through such strategies as transit-oriented, mixed-use development and land recycling – to increase community revitalization, improve the efficiency of public
works investments, and safeguard rural landscapes. 5. Coordinate policies and leverage investment. Align policies and funding to remove barriers to collaboration, leverage funding, and
increase the accountability and effectiveness of all levels of government to plan for future growth, including making smart energy choices such as locally generated renewable energy.
3 Page 88 of 167
6. Value communities and neighborhoods. Enhance the unique characteristics of all communities by investing in healthy, safe, and walkable neighborhoods – rural, urban or suburban. 7.
Enhance community resiliency to the impacts of Climate Change. Enhance community resiliency to the impacts of climate change through the development of mitigation and adaptation strategies.
Whereas, any regional plan document developed under the SCI grant will support these Livability Principles and should, to the greatest extent possible and where appropriate, be built
upon the foundation of work that has been accomplished and undertaken in the region where existing plans, partnerships, and processes enhance regional planning, coordination and efficiency,
reduce unnecessary duplication of effort and responsibilities, and add clarity and accountability to implementation processes. Now, Therefore, this MOU is established to create a framework
for coordinating efforts related to the preparation of a successful SCI grant application and successfully completing the work funded under the SCI grant. IV. Programming, Budgeting,
Funding and Reimbursement Arrangement a. This MOU is neither a fiscal nor a funds obligation document. Any transfer of funds between parties may take place through existing authorities
and procedures. b. Generally, any endeavor involving the transfer of funds will follow normal procurement or other appropriate processes and will be affected in writing by representatives
of the organizations involved. c. This MOU in no way restricts the signatories from participating in similar activities or arrangements with other entities or agencies. 4 Page 89 of
167
d. Nothing in this MOU shall obligate the signatories to expend appropriations, obligate funds or enter into any contract or other agreement. V. Effective Date This MOU will become effective
upon signature by any two parties. Any Party may terminate its participation in this MOU upon written notice to the other Parties. The provisions of the MOU will be reviewed periodically,
as appropriate, and amended or supplemented as may be mutually agreed upon. VI. Other Memorandum of Understandings There are no superseding MOUs on this topic among the Parties hereto.
VII. Signatures This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Each Party has signed this five-page agreement on a separate page. The original signature pages are on file at the South Florida Regional Planning Council, 3440 Hollywood Boulevard,
Suite 140, Hollywood, FL 33021; (954) 985-4416. 5 Page 90 of 167
6 SUSTAINABLE COMMUNITIES INITIATIVE MEMORANDUM OF UNDERSTANDING FOR THE SOUTHEAST FLORIDA REGION By my signature below, my organization/agency becomes a signatory to the Sustainable
Communities Initiative Memorandum of Understanding for the Southeast Florida Region, dated _July 14, 2010. I understand that the MOU will be executed in one or more counterparts, each
of which will be deemed an original, but all of which shall constitute one and the same instrument. This original signature page will be kept on file at the South Florida Regional Planning
Council. _______________________________ Signature Shirley Gibson, Mayor______________________________ Name and Title Office of the Mayor, City of Miami Gardens__ Organization/Agency
July 14, 2010 __________________________ Date Please return to: South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Page 91 of 167
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 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: Florida Department of Transportation – ic Work sportati Fund Publ Tran
on 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 THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), ATTACHED HERETO AS EXHIBIT “A,” FOR THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00)
FOR SCHOOL SAFETY ENHANCEMENT AND EDUCATIONAL PROJECTS AND TO EXECUTE ANY ATTENDANT DOCUMENTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary:
On May, 2005, the Planning and Zoning Department in conjunction with the Public Works Department and the School Crossing Guard Department submitted an application to the Metropolitan
Planning Organization (MPO) to be eligible to receive grant funding under the Transportation Enhancement Program (TEP). The TEP is an element of the Federal Highway Administration’s
(FHWA) Surface Transportation Program that provides funds for the development of “non‐traditional” transportation projects. ITEM J-4) CONSENT AGENDA RESOLUTION Agreement with FDOT Page
92 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 A Local Agency Program (LAP) Agreement is required for each transportation project in which the City receives financial
assistance from the Florida Department of Transportation (FDOT). The agreement states the terms and conditions upon which the assistance will be provided, and the understandings as to
the manner in which the project will be undertaken and completed. The following are components of the City’s project: • Installed new and repair existing sidewalks in areas around the
City to address the safety concerns of local children walking to school along streets and/or through grass swale areas. • Improve existing canal crossing bridge at NW 175th Street and
NW 42nd Avenue which interconnects part of the community with a school which is currently not a pedestrian friendly bridge because of narrow sidewalk, no ADA accessibility and no safety
buffer between vehicles and pedestrian. The sidewalk on the bridge is so narrow that children walk on the street portion of the bridge to get across. This creates a safety hazard for
pedestrians and vehicles. A proposed improved pedestrian bridge will alleviate these unsafe conditions and permit the children to cross over the canal safely. • Construction of a Safety
Town as a tool to educate our children. A Safety Town is a community‐based project designed to introduce and teach young children various aspects of safety. Through the use of age‐appropriate,
hands‐on, interactive experiences, children will enjoy learning behaviors and practices that can help reduce the chance of serious injury. Safety Town is a safe and interesting learning
environment that is set up to simulate an actual town. This portable site features mock buildings, sidewalks and streets, and is used as a practice area for safety lessons in a community.
The total amount awarded to the City of Miami Gardens to complete these school safety enhancement and educational projects is $1,000,000. There are no matching requirements from the
the City of Miami Gardens. Proposed Action: It is recommended that City Council authorize the City Manager to take any and all steps necessary to fully execute the Local Agency Program
Agreement with the FDOT as well as any and all future required documents under this Local Agency Program Agreement. Attachment: LAP Agreement LAP Agreement Exhibit A: Project Description
and Responsibilities LAP Agreement Exhibit B: Schedule of Funding Page 93 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 94 of 167
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 THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), ATTACHED HERETO AS EXHIBIT “A,”
FOR THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) FOR SCHOOL SAFETY ENHANCEMENT AND EDUCATIONAL PROJECTS AND TO EXECUTE ANY ATTENDANT DOCUMENTS;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens’ Planning and Zoning Department, in conjunction with the Department of
Public Works and the School Crossing Guard Division, applied for grant funds for the development of non-traditional transportation projects, and WHEREAS, the grant funds will be awarded
by the Florida Department of Transportation (FDOT) and will be utilized to support three projects aimed at promoting child safety, and WHEREAS, many sidewalks throughout the City lack
an adequate buffer between school children travelling to school and passing vehicles, and WHEREAS, City staff recommends installing and repairing existing sidewalks to promote a safe
environment for children, and WHEREAS, City staff recommends the construction of a pedestrian bridge across the canal located at N.W. 175th Street and N.W. 42nd Avenue to alleviate current
safety issues, and 1 Page 95 of 167
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 also proposes the construction of a Safety Town which is a community-based project designed to introduce
and teach young children about safety through the use of age-appropriate and hands-on interactive experiences, and WHEREAS, the total amount of the grant awarded to the City of Miami
Gardens for the aforementioned school safety enhancement and educational projects is One Million Dollars ($1,000,000.00), 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 the City Clerk, to execute and
attest, respectively that certain Agreement with the Florida Department of Transportation, attached hereto as Exhibit “A,” for the acceptance of grant funds in the amount of One Million
Dollars ($1,000,000.00) for school safety enhancement and education projects and to execute attendant documents. 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 to be delivered to
the Florida Department of Transportation. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 2 Page 96 of 167
3 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 _________________,
2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED
BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 30 Mayor Shirley Gibson (Yes) ___(No) 31 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 32 Councilman Melvin L.
Bratton (Yes) ___(No) 33 Councilman Oliver Gilbert, III (Yes) ___(No) 34 Councilwoman Barbara Watson (Yes) ___(No) 35 Councilwoman Sharon Pritchett (Yes) ___(No) 36 Councilman André
Williams (Yes) ___(No) 37 38 39 Page 97 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 1 FPN: 4209141 Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:
Contract No: Vendor No: Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made
and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and The City of
Miami Gardens hereinafter called the Agency. W I T N E S S E T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation
system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in the Miami Gardens School Safety Enhancement
Program and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the “project,” and to provide Department financial assistance
to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed.
1.01 Attachments: Exhibit(s) A & B are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable
Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if
fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued
is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails
to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding
either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will
be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department,
if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency’s failure or nonperformance. In addition to loss
of funding, the Department will consider de-certification of said Agency for future LAP projects. Removal of All Funds Page 98 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 2 If all funds are removed from the project, including amounts previously
billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts
from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before . If the Agency does not
complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period
is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project.
The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that
any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake
the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with
respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable
the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such
data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total
Cost: The total cost of the project is $ 1,000,000. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost
of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department
agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount
of federalaid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood
that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents
and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds:
The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is
in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit “B” for funding levels by fiscal
year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in
writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of
Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any Page 99
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 3 contract which, by its terms, involves the expenditure of money
in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made
shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts
of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement
until the Agency has received a written Noticeto-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred
in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division
Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof
involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined
to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable
non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department
may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this
Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and
shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be
revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded forwarded to the Department's Comptroller and to the
Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department’s
Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available
upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the
Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs.
If any litigation, claim or audit is is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the
records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency
or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not
be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported
by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal
and state funds are to have audits done annually using the following criteria: Page 100 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 4 The administration of resources awarded by the Department to the
Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular
A-133 and Section 215.97, Florida Statutes, as revised (see “Audits” below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope
audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to
comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the FDOT’s Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I -Federally Funded:
Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following
criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised. Exhibit “1” of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the
federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of
amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General
in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph
1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than
$500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects
to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such
an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA)
title and number, award number and year, and name of the awarding federal agency. Part II -State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2)
(l), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to
or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97,
Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. Exhibit “1” to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial
assistance expended in its its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department,
other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for
federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements
of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Page 101 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 5 3. If the recipient expends less than $500,000 in state financial
assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit
must be paid from the recipient’s resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title
and number, award number and year, and name of the state agency awarding it. Part III -Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action action and current status of the audit findings is required. Current year audit findings require
corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved.
Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority
of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV
-Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be
submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following
address(es): Florida Department of Transportation 1000 NW 111 Avenue, Room 6202-B Miami, FL 33172 Attn: Michelle L. Meaux b) The Federal Audit Clearinghouse designated in OMB Circular
A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the
Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to
be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section
.320 (e)(2) and a copy of the recipient’s audited Schedule of Expenditures of Federal Awards directly to each of the following: Florida Department of Transportation 1000 NW 111 Avenue,
Room 6202-B Miami, FL 33172 Attn: Michelle L. Meaux In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting
package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Page 102
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 6 Florida Department of Transportation 1000 NW 111 Avenue, Room
6202-B Miami, FL 33172 Attn: Michelle L. Meaux 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient
directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation 1000 NW 111 Avenue, Room 6202-B Miami, FL 33172 Attn:
Michelle L. Meaux b) The Auditor General’s Office at the following address: Auditor General’s Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the
following address(es): Florida Department of Transportation 1000 NW 111 Avenue, Room 6202-B Miami, FL 33172 Attn: Michelle L. Meaux 5. Any reports, Management Letters, or other information
required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting
packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and forprofit organizations),
Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V -Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the
audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent
audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report
is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives
and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development
of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, subcontractor or materials vendor to allow public
access to all documents, papers, letters or other material subject to the provisions of Chapter Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement
(Section 287.058(1) (c), Florida Statutes). Page 103 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 7 5.06 Uniform Relocation Assistance and Real Property Statistical
Report: For any project requiring additional rightof-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities
on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R.
Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation
for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds
from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061,
Florida Statutes, and Chapter 3-“Travel“ of the Department’s Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion,
any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for
work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting
any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department
will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible
costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall
have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith
or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely
affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement,
requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict
of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to
be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA,
or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all
projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are
not provided for in the latest approved schedule of funding in Exhibit “B” for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting
the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing
by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted
after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: Page 104 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 8 8.01 Termination or Suspension Generally: The Department may,
by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that
the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty
(30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time
period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to
correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and
all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination
in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before
the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment, however, shall
not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action
Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other
action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts
and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and
cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within
a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of
this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate
itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project
without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto
itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation
Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering,
architecture or surveying services, is contingent on the Agency’s complying in full with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. At
the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the
Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
It is the policy of the Department that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole
or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors
agree to ensure that DBE’s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable
steps in accordance with applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and Page 105 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 9 perform contracts. The Agency and its contractors and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees
that: (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: “The recipient shall not discriminate
on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R.
Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The
recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department
may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies
Act of 1986 (31 U.S.C. 3801 et seq.).” (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance:
“The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.” 11.00 Compliance with Conditions and Laws: The Agency
shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all
requirements imposed by applicable federal, state, and local laws and regulations, including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
– Lower Tier Covered Transactions,” in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection
with the
carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability
or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age,
religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing
provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the
standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies
or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available
to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI – Civil
Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued
thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. Page 106 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 10 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency
will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity
Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases
of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List,
kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial
of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been
determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract
with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection
with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years
thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any
such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided
that any such present member, officer or employee shall not participate in any action by the Agency or the the locality relating to such contract, subcontract or arrangement. The Agency
shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert
in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest,
direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate
to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations:
The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will
reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties:
The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the
making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part
of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the
Department with respect to such breach Page 107 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 11 or default. 13.04 How Agreement Is Affected by Provisions Being
Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any
bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe
or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the
end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities
on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans
and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed
appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of
the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts
and subcontracts. 13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state
requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in
place on the Agency’s facility, adequate title is in the Agency’s name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words
used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall
extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed
to be an original, and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated
funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Page 108 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 12 State: No funds received pursuant to this contract may be expended
for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors
(in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days
to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment
(voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance
with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements
do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516
or by calling the State Comptroller's Hotline, 877-693-5236. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations.
If at any time a review conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement
of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the
Agency from adherence to federal guidelines, procedures, and regulations. Page 109 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT 02/09 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to
be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Title: Title: Attest: Attest: Title: Title: As to form: As
to form: _______________________________________ __________________________________________ Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller.
Page 110 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT “A” PROJECT DESCRIPTION AND RESPONSIBILITIES 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page FPN:
4209141 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and The City of Miami Gardens Dated PROJECT LOCATION: The project
is X is not on the National Highway System. The project is X is not on the State Highway System. PROJECT DESCRIPTION: • Sidewalks need to be installed/repaired in many areas around the
City due to safety concerns for children walking to school. These required sidewalks need to be added due to the safety of children walking on the streets and/or through grass swale
areas. • The existing canal crossing bridge at NW 175th Street and NW 42 Avenue which interconnects part of the community with a school is a not pedestrian friendly bridge because of
narrow sidewalk, no ADA accessibility and no safety buffer between vehicles and pedestrian. In addition, the sidewalk on the bridge is so narrow that children walk on the street part
of the bridge to get across. This creates a safety hazard for pedestrians and vehicles. A proposed pedestrian bridge will alleviate these unsafe conditions and permit the children to
cross over the canal safely. • To educate our children, a Safety Town will be constructed. A Safety Town is a community-based project designed to introduce and teach young children various
aspects of safety. Through the use of age-appropriate, hands-on, interactive experiences, children will enjoy learning behaviors and practices that can help reduce the chance of serious
injury. Safety Town is a safe and interesting learning environment that is set up to simulate an actual town. This portable site features mock buildings, sidewalks and streets, and is
used as a practice area for safety lessons in a community. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance
that will reflect the Department’s contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt
and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of
the design plans for the Department’s review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) N/A Study to be completed
by . b) Design to be completed by Spring 2011. c) Right-of-Way requirements identified and provided to the Department by TBD . d) Right-of-Way to be certified by . Page 111 of 167
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT “A” PROJECT DESCRIPTION AND RESPONSIBILITIES 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page e) Construction
contract to be let by Summer 2011. f) Construction to be completed by Winter 2012. If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule
or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: Page 112 of 167
Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 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: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Aaron Campbell
Council Member Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR AARON CAMPBELL’S APPOINTMENT OF RITA
PIERRE TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE TO FILL AN UNEXPIRED TERM ENDING MARCH 10, 2012; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff
Summary: In accordance with the establishment of the Caribbean Affairs Board, Vice Mayor Aaron Campbell hereby submits his appointee for membership in accordance with Ordinance No. 2009‐11‐183.
Effective upon ratification, the committee will recognize Rita Pierre as an appointee of Vice Mayor Campbell to fill an unexpired term ending March 10, 2012. Recommendation: It is recommended
that the City Council approves Vice Mayor Campbell’s appointment of Rita Pierre to the Caribbean Affairs Committee. Attachment: ITEM J-5) CONSENT AGENDA RESOLUTION Vice Mayor Campbell's
appointment to Caribbean Affairs Advisory Committee Page 113 of 167
1 RESOLUTION NO. ____ 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, CONFIRMING
VICE MAYOR AARON CAMPBELL’S APPOINTMENT OF RITA PIERRE TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE TO FILL AN UNEXPIRED TERM ENDING MARCH 10, 2012; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the City established a Caribbean Affairs Board in accordance with Ordinance No. 2009-11-183, and WHEREAS, Vice Mayor Campbell wish to appoint Rita
Pierre to the Caribbean Affairs Advisory Committee to fill an unexpired term, and WHEREAS, in accordance with Ordinance No. 2009-11-183, it is appropriate for the City Council to ratify
the appointment, 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: RATIFICATION OF APPOINTMENT: The City Council hereby ratifies
Vice Mayor Campbell’s appointment of Rita Pierre to the Caribbean Affairs Committee to fill an unexpired term ending March 10, 2012. 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 ___________, 2010. _________________________________
__ SHIRLEY GIBSON, MAYOR Page 114 of 167
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST: _______________________________ RONETTA TAYLOR, MMC, CITY CLERK Reviewed by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY:
Vice Mayor Aaron Campbell Jr. Moved by: __________________ VOTE: _________ 18 Mayor Shirley Gibson ____ (Yes) ____(No) 19 Vice Mayor Aaron Campbell Jr. ____ (Yes) ____(No) 20 Councilman
Melvin L. Bratton ____(Yes) ____(No) 21 Councilwoman Barbara Watson ____ (Yes) ____(No) 22 Councilman Andre’ Williams ____(Yes) ____(No) 23 Councilwoman Sharon Pritchett ____ (Yes) ____(No)
24 Councilman Oliver Gilbert ____ (Yes) ____(No) 25 26 27 28 29 Page 115 of 167
Page 116 of 167
Page 117 of 167
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 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, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT FIFTH PROGRAM YEAR ACTION PLAN, ATTACHED HERETO AS EXHIBIT “A;”
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background As required by the US Department of Housing and Urban Development (HUD), each Community
Development Block Grant (CDBG) Entitlement City must submit an Annual Action Plan that outlines the activities (programs) to be carried out by each grantee using Federal funds. The CDBG
Annual Action Plan must coincide with the 5‐Year Consolidated Plan, which covers 2006‐2011. Current Situation The City of Miami Gardens has been allocated $1,516,676 in CDBG funds for
fiscal year 2010‐2011. This amount represents an increase of $113,925 from the previous year’s allocation. The attached Annual Action Plan is for the City’s Fifth (5th) Program Year
and provides the detail of the activities to be carried out. It also incorporates public comments received during the two (2) public meetings held on March 30th and April 1st, 2010.
Below is a breakdown of the activities to be carried out during the program year, and the amounts allocated for each activity: ITEM L-1) RESOLUTION PUBLIC HEARING CDBG 5th Year Program
Page 118 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Activity Amount Housing Rehabilitation $ 300,000.00 Public Services $ 227,501.00 Infrastructure Improvements $ 200,000.00
Commercial Redevelopment $ 135,840.00 Parks Capital Improvements $ 200,000.00 Code Enforcement $ 150,000.00 Program Administration $ 303,335.00 Total CDBG 2010‐2011 Allocation $ 1,516,676.00
A draft of the attached Annual Action Plan was publicly advertised for thirty (30) days, allowing for public comments. No public comments were received during the 30 day comment period.
Upon City Council’s approval, the Annual Action Plan must be submitted to HUD prior to the August 15th deadline in order to secure the City’s funding allocation. Proposed Action: Staff
recommends that City Council approve of the attached 5th Program Year Annual Action Plan and authorize the City Manager to submit the Plan to the US Department of Housing and Urban Development
by August 15, 2010 for review and approval. Attachments: • 5th Program Year Year Annual Action Plan (2010‐2011) • 5th Program Year Project Allocations Page 119 of 167
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 COMMUNITY
DEVELOPMENT BLOCK GRANT FIFTH PROGRAM YEAR ACTION PLAN, ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City
is an “entitlement city” under the Federal Community Development Block Grant Fund Program (“CDBG”) for Fiscal Year 2010-2011, and WHEREAS, the U.S. Housing and Urban Development Department
(“HUD”) requires each entitlement city to submit an Annual Action Plan which outlines the activities to be carried out by the entitlement grantee using federal funds, and WHEREAS, the
City of Miami Gardens has been allocated One Million, Five Hundred Sixteen Thousand, Six Hundred Seventy-Six Dollars ($1,516,676.00) in Community Development Block Grant (“CDBG”) funds
for Fiscal Year 2010 – 2011, and WHEREAS, this amount represents an increase in One Hundred Thirteen Thousand, Nine Hundred Twenty-Five Dollars ($113,925.00) from the previous year’s
allocation, and WHEREAS, the Annual Action Plan, attached hereto as Exhibit “A”, provides details of the activities to be carried out for Fiscal Year 2010-2011, using CDBG funds, 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 120 of 167
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 38 Section 2. APPROVAL: The City Council of the City of Miami Gardens hereby approves
the Community Development Block Grant Fifth Program Year Action Plan 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 _________________, 2010. _________________________________ SHIRLEY GIBSON,
MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________
VOTE: _____ 39 Mayor Shirley Gibson (Yes) ___(No) 2 Page 121 of 167
3 1 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 2 Councilman Melvin L. Bratton (Yes) ___(No) 3 Councilman Oliver Gilbert, III (Yes) ___(No) 4 Councilwoman Barbara Watson (Yes) ___(No)
5 Councilwoman Sharon Pritchett (Yes) ___(No) 6 Councilman André Williams (Yes) ___(No) 7 8 9 Page 122 of 167
City of Miami Gardens Department of Community Development Fifth Program Year Action Plan FY 2010‐ 2011 Submitted to: Urba ment The US Department of Housing & elop 500 n Development Community
Planning & Dev 909 SE First Avenue, Room Miami, Florida 33131‐3028 Page 123 of 167
City of Miami Gardens Fifth Program Year Action Plan 2 Version 2.0 Fifth Program Year Action Plan The CPMP Fifth Annual Action Plan includes the SF 424 and Narrative Responses to Action
Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives
are optional. Narrative Responses GENERAL Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance.
Program Year 5 Action Plan Executive Summary: Program Year 5 Action Plan for the City of Miami Gardens covers the period beginning October 1, 2010 through September 30, 2011. As in previous
years, the
programs and activities described in this Fifth Year Action Plan are developed with three primary objectives, 1) providing benefits to low‐and moderate income individuals, and households,
2) providing benefits to neighborhoods with high concentrations of low‐low‐and moderate income residents, and 3) benefits to the City as a whole. The City will also use the plan to coordinate
its efforts with other federal, state, and local grant programs to produce decent housing, a suitable living environment and increase economic opportunities in the community. It is evident
from current economic conditions that sustaining affordable housing stock remains the highest priority in this community. With the rapid increase of abandoned and foreclosed homes and
the continuing decline in home values, it is imperative to keep focus on preservation of the current housing stock while encouraging homeownership. In Program Year 5 the City intends
to fully utilize the $1,516,676 allocation of CDBG funds to continue addressing the priority needs identified in the 2006‐2011 Consolidated Plan. The City expects to expand existing
programs and to leverage other funding that was awarded, including Neighborhood Stabilization Program (NSP), Community Development Block Grant‐Recovery (CDBG‐R), and Homelessness Prevention
and Rapid Re‐Housing (HPRP) program funds. Page 124 of 167
City of Miami Gardens Fifth Program Year Action Plan 3 Version 2.0 NSP funds will continue to be used to implement revitalization strategies in communities with high foreclosure rates.
The City has already purchased 36 abandoned and foreclosed homes in neighborhoods where high foreclosures and sub‐prime mortgages exist, rehabbed 26 homes, and resold 3 of these homes
to eligible homebuyers. The City will continue to provide indirect subsidies to eligible homebuyers participating in the NSP program by selling the homes purchased and rehabbed with
NSP funds at below market rates. These activities are already underway and will continue as part of the Program Year 5 Action Plan. The expected overall outcome of the NSP program is
revitalization of communities where foreclosures are prevalent in causing decline in home values and the quality of life. It is anticipated that the remaining 10 housing units that have
been purchased will be rehabilitated and all 36 homes will be sold to eligible homebuyers during Program Year 5. The City will continue its implementation of the Homelessness Prevention
and Rapid Re‐Housing Program (HPRP) funds. This new funding stream is providing social services to residents that may be experiencing homelessness in the form of temporary financial
assistance and services. The City is working in partnership with Citrus Health Network, a local non‐profit organization, as well as Harvest Fire International Ministries, a faith‐based
non‐profit organization located in Miami Gardens, to deliver assistance to the community. The overall outcome of HPRP is to provide financial assistance to individuals and households
that are homeless or at risk of becoming homeless to establish stable housing and reduce the instances of homelessness within the City. In the first year of the program, 34 households
have received financial assistance to prevent them from becoming homeless. In Program Year 5, the city expects to assist an additional 36 individuals and households through the HPRP
program. Through the CDBG‐R funding allocation, the City will increase its public service activities with an emphasis on job creation. In addition, the City continues to implement the
home Energy Efficiency Retrofit program, which provides for the installation of insulation in homes where inadequate insulation exists, and the replacement of air conditioners and water
heaters to more energy efficient models. This program has assisted 10 households thus far, and anticipates providing assistance to an additional 100 households. The CDBG‐R funds were
also utilized for stormwater drainage improvements in the Bunche Park Neighborhood Strategy Revitilation Area (NRSA). This project was completed in August 2010 and 56 low‐mod income
households were benefited by this activity. The City also intends to expand its economic development activities through re‐evaluation and enhancement of the current façade improvement
program and implementation of a program geared more toward financial assistance to new business owners and attracting new business to the community. The City also intends to implement
a redevelopment strategy for the Sunshine State International Park, a once vibrant and thriving business district with both manufacturing and retail businesses. Now the area has deteriorated
and businesses have either gone out of business or relocated to another community. It is the City’s intention to reengage the industrial park as a mixed‐use site with the appropriate
combination of commercial, entertainment and service uses that harmonize with existing industrial uses. The Page 125 of 167
City of Miami Gardens Fifth Program Year Action Plan 4 Version 2.0 redevelopment of the park will spur economic activity into the local economy through tourism/visitor revenues, job
creation and tax revenues. General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which
assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe
the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities.
3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4. Identify the federal, state, and local resources expected to be made
available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low‐Income Housing Tax Credits, and competitive
McKinney‐Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Action Plan General Question
responses: 1. Geographic areas of the jurisdiction The City of Miami Gardens was incorporated on May 13, 2003, as the 33rd city in Miami‐Dade County. With an estimated population of
105,414, it is the third largest city in the County, according to the 2000 Census. 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 City of Miami Gardens is comprised of seven communities identified in the 2000 Census as Census Designated Places
(CDP): 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. The City is 77% non‐Hispanic Black, 16% Hispanic, 4% White non‐Hispanic, and 3% other. Page 126 of 167
City of Miami Gardens Fifth Program Year Action Plan 5 Version 2.0 According to the 2000 Census, 11,151 households in the City of Miami Gardens have income at or below 80% of the area
median income and are therefore classified as low or moderate income by HUD. This represents about 38% of the citywide population for whom household income could be determined. Maps
I‐1 through I‐4 in the 2006‐2011 Consolidated Plan illustrate the following areas of the City: (1) the City location, (2) the Community Designated Places in the 2000 census that are
comprised in the City, (3) the CDBG priorty areas by census block group and neighborhood and, (4) racial demographic by census block group. 2. Basis for Allocating Funding Since the
primary national objective of the Consolidated Plan programs are to benefit low‐and moderate‐income residents, the City of Miami Garden’s Community Development Block Grant (CDBG) program
funds will be utilized to develop programs and activities that will provide assistance to this target population, and benefit the City as a whole in improving the quality of life for
the residents. Target Areas: The City of Miami Gardens has identified thirteen (13) areas that have a low‐to moderateincome population of 51% or more. These areas are designated CDBG
priority areas for the purpose of program funding. Area name Census Tracts Andover & Vicinity 009802‐(4), 009901‐(9) *Bunche Park 000402‐(3)(4) 000403‐(5), Brentwood & Vicinity 010002‐(1)
*Cloverleaf Estates & Vacninty 009501‐(9) Eagles Landing/Leslie Estates 010002‐(2) Kings Gardens 010010‐(2) Lake Lucerne 009904‐(1), 009904‐(9) LeJune Gardens & Vicinity 010006‐(1)(2),
010009‐(2)(3) Myrtle Grove & Vicinity 009400‐(4)(3) Norland & Vicinity 009600‐(2), 009902‐(3) Opa Locka North 000501‐(2)(4)(5), 000502‐(1) Rainbow Park 000401‐(6), 000403‐(1)(6), 000402‐(2)
000501‐(3)(1) Scott Lake 009502‐(4)(6) *indicates neighborhood with greater than 70% low‐mod income Page 127 of 167
City of Miami Gardens Fifth Program Year Action Plan 6 Version 2.0 Neighborhood Revitalization Strategy: The City has designated the area of Bunche Park as a Neighborhood Revitalization
Strategy Area (NRSA). This community has more than a 70% low‐income population. Rehabilitation programs in the NRSA include an exterior paint program and infrastructure improvements
as well as economic development activities. The Paint Program will leverage funds from the Department of Labor (DOL) through a program called Project MPACT. Miami Partnership for Action
in Communities Task force (MPACT) receives a grant from DOL for an intervention program for high risk youth ages 12‐22. The City has partnered with Project MPACT who will work with paint
contractors to provide graduates of their program training and employment. The grant funding from the DOL allows Project MPACT to pay the youth to work up to 20 hours per week for up
to 3 months. Giving the youth a sense of empowerment and self‐worth as well as providing them a set of skill that they can use to gain employment. Public Services: The City has implemented
several programs including, home delivered meals program for elderly residents. This program provides nutritious food for senior citizens. The City has also partnered with a not‐for‐profit
agency that provides assistance to youth aging out of the foster system including intensive case management and wrap‐around services. Various housing programs are also available for
low‐to moderate‐income residents including a rehabilitation loan program, a disaster recovery assistance program, and a first‐time homebuyer down payment assistance program. Economic
Development Additionally, a Business Incentive Program has been implemented for business owners in the City. This program provides financial assistance for items such as acquisition,
space build‐out, and permits and fees. Additionally, this program offers façade improvements to existing businesses with the intent of increasing their aesthetic value and thus increasing
their business volume that will ultimately result in the need to create jobs within that business. 3. Obstacles to Meeting Underserved Needs One primary obstacle to meeting underserved
needs is identifying not‐for‐profit organizations with adequate capacity to deliver and administer social services while meeting all HUD regulations and requirements. In Program Year
4, the City had more success with social services program providers; however, the types of programs carried out were very limited. A lack of resources for these programs continues to
be an obstacle when compared to the population of low‐and moderate‐income individuals and households in the City. The City is still recovering from the impact of past hurricane seasons.
Signs of past storm seasons as long as five years ago or more, continue to be prevalent on the City’s housing stock. Limited resources from federal, state and local agencies are insufficient
to meet all the needs Page 128 of 167
City of Miami Gardens Fifth Program Year Action Plan 7 Version 2.0 adequately. The City will continue to seek partnerships with various state, county, and nonprofit agencies with existing
programs in the community to leverage the City's CDBG allocation. 4. Federal, State, and Local Resources Expected The City anticipates various sources of federal, state and local resources
to carry out activities in the Program Year 5 Action Plan. Among expected resources, the City has already received allocations of Neighborhood Stabilization Program funds (NSP) in the
amount of $6.8 million, Homelessness Prevention and Rapid Re‐Housing Program (HPRP) in the amount of $567,612, Community Development Block Grant Recovery (CDBG‐R) in the amount of $371,207,
and the Department of Energy’s Energy Efficiency and Conservation Block Grant (EECBG) Program in the amount of $989,200. With these additional resources, our focus will be centered on
providing families and individuals at risk of homelessness find stable housing, further further preservation of the current housing stock, and re‐investing in the local economy and creating
an environment‐friendly community that is better informed on the importance of conserving our natural resources and more energy efficient. As a part of programs developed with this additional
funding, the City intends to strongly encourage the use of local vendors as a method to further stimulate the local economy. Managing the Process 1. Identify the lead agency, entity,
and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies,
groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing,
health, and social service agencies. Action Plan Managing the Process response: 1. Lead Agency As the entitlement grantee for the CDBG programs, the City of Miami Gardens’ Department
of Community Development is the lead agency for the development of this 2010‐2011 Action Plan that outlines the proposed activities and expenditures under these programs. Community Development
staff will also act as the public agency that will administer the programs and activities under the plan. This Department will oversee economic development, community development, housing,
lead paint abatement, and historic and urban renewal programs (where applicable). Page 129 of 167
City of Miami Gardens Fifth Program Year Action Plan 8 Version 2.0 2. Plan Development Process The City of Miami Gardens has implemented a process for the development of the 5 Year Consolidated
Plan and the 2010‐2011 Action Plan that encouraged broad participation from the community. This process began with the creation of the City’s Comprehensive Development Master Plan. At
each step in the process, care has been taken to ensure that low‐and moderate‐income residents, members of minority groups, agencies involved in the provision of services to these populations,
and others who are directly impacted by the programs and projects supported by the Consolidated Plan programs have been actively involved. Table I‐6 in the 5 Year Consolidated Plan document
lists all the organizations that were invited to participate in the visioning process. Of this list, the organizations that actively participated in the process included seven (7) homeowner
associations, five (5) faith‐based organizations, four (4) community organizations and two (2) other service providers. 3. Enhanced Coordination As stated above, the City of Miami Gardens
has limited resources to address the many priorities identified by the community. As such, during the upcoming year the City will continue working to create partnerships with public
and private housing agencies, and health and social service providers to leverage the 2010 CDBG allocation. Citizen Participation 1. Provide a summary of the citizen participation process.
2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including
outreach to minorities and non‐English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments
were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Action Plan Citizen Participation response: 1. Citizen Participation
Process The City of Miami Gardens encourages its citizens toparticipate in the development of its Consolidated Plan, Annual Action Plan, any Amendments, and required Consolidated Annual
Performance and Evaluation Report (CAPER). The City publicly advertises the meetings and Page 130 of 167
City of Miami Gardens Fifth Program Year Action Plan 9 Version 2.0 holds the meetings in the City’s Council Chambers and other central locations in the City, such as the library, which
are publicly accessible. In addition, the City will take steps to encourage the participation of all its citizens, including minorities and non‐English speaking persons, as well as persons
with disabilities by providing translation services for any public meeting or public hearing, if a request for such services is requested four days in advance of the meeting. In addition,
all meetings are conducted in areas and locations that are accessible to persons with disabilities. Citizen Input: The City, on an annual basis, will make available to citizens, public
agencies, and other interested parties, information that includes the amount of assistance the City expects to receive, including specific grant funds, available unspent prior years
funds, and related program income. The City will also disclose the range of activities that may be undertaken including the estimated amount that will benefit persons of low‐and moderate‐income.
City’s Notification Requirement Regarding Draft Plan Availability: For program year five, notification was advertised in a local newspaper of general circulation to inform the public
that a draft Consolidated Plan, or draft Annual Action Plan is available to examine and subject to public comment. The notification will provide a summary of the proposed Consolidated
Plan, or Annual Action Plan, and describe the contents and purpose of the particular plan. The notice will also be posted on the City’s website (www.miamigardensfl.gov/cd/index.html)
and on bulletin boards at the locations below. The public notice will state that copies of the particular Plan will be available for review on the City’s website and at the following
locations for thirty (30) days: City of Miami Gardens City Hall North Dade Regional Library 1515 NW 167 Street, Building 5, Suite 200 2455 NW 183rd Street Miami Gardens, FL. 33169 Miami
Gardens, Fl. 33056 Public comment can also be submitted electronically by sending emails to: hudcomment@miamigardens‐fl.gov Citizen Response Time Frame: The City will make the Plan public,
and upon request in a format accessible to persons with disabilities. The City will provide the citizens a reasonable opportunity to comment on the Plan, and on any amendments to the
Plan as defined by this Citizen Participation Plan. The City will consider any comments or views of citizens received in writing, or orally, at any of the public hearings, or during
the 30‐day public review and will address those comments in the preparation of the final Consolidated Plan or Annual Action Plan. The City will include any written or oral comments in
the final Consolidated Plan or Annual Action Plan submitted to HUD. The City will also make copies of the draft plan, and final plan available to the general public, at no cost on the
City’s website (www.miamigardens‐fl.gov/cd/index.html). Hard copies will also be available upon request. Page 131 of 167
City of Miami Gardens Fifth Program Year Action Plan 10 Version 2.0 Amendments: The City will amend its approved plan whenever it makes one of the following decisions: 1. To make a change
in the goal, priority, or activity of the Consolidated Plan; or 2. To carry out an activity, using funds from any program covered by the Consolidated Plan (including program income),
not previously covered in the Action Plan; or 3. To change the purpose, scope, location, or beneficiaries of an activity included in the Annual Action Plan. Each amendment must be authorized
by the City Manager or his designee, and submitted to HUD. All amendments will also be made public by posting at City Hall, and on the City of Miami Gardens’ website (www.miamigardens‐fl.gov/cd/index
.html). Amendments involving at least $50,000 and/or a change from one activity to another will also be advertised in the local newspaper. The amendment may be implemented immediately
after submitting it to HUD and making it public. A substantial amendment to the Consolidated Plan or Annual Action Plan is defined by the City as a transfer between two or more plan
activities that is greater than 20% of the CDBG program funds. Substantial amendments to the Plan will need to be presented to the City of Miami Gardens City Council for their review
and approval. The public will also be notified of the amendment by advertising in the local newspaper. The advertising of the substantial amendment will begin a thirty (30) day citizen
review and comment period. The City will consider any comments or views of citizens received in writing or orally during the comment period, and will be submitted to HUD, and made available
at City Hall, the North Dade Regional Library, and the City’s Parks and Recreation Department. The City Manager will submit to HUD a letter authorizing the amendment after the thirty‐day
comment period, and will implement the amendment at that time. Performance Report: At the end of each program year, a Comprehensive Annual Performance and Evaluation Report ((CAPER)
must be submitted to HUD. The CAPER gives an actual account of the activities that occurred during the previous program year, and how the City maintained and expended the funds outlined
in the Annual Action Plan for that program year. Upon completion of the CAPER, and at least fifteen (15) days prior to its submission to HUD, the City will hold two (2) public hearings
to adopt the CAPER. The hearings shall be advertised at least one week in advance in a newspaper of general circulation throughout the area(s) eligible to receive funds under the programs
advertised. Additionally, the report will be made available to the general public for a fifteen (15) day public review and comment period. The notice and the draft CAPER will also be
made available to the public via the City’s website Page 132 of 167
City of Miami Gardens Fifth Program Year Action Plan 11 Version 2.0 (www.miamigardens‐fl.gov/cd/index.html) at least two weeks prior to the hearing date. Any comments received from the
general public will be included in the CAPER submitted to HUD. Each public hearing notice must include the availability of an interpreter if a significant number of non‐English speaking
or hearing‐impaired persons are expected to participate at the hearing. It will be the responsibility of the residents to notify the City at least four (4) days in advance of the hearing
if interpreter services are needed. Each public hearing notice will indicate this policy and provide a telephone number to contact the City. The City will consider any comments or views
of citizens received in writing, or orally at the public hearings. Access to Records: The City will provide citizens, public agencies and other interested parties access to information
and records relating to the City’s Consolidated Plan and the City’s use of funds for the CDBG CDBG funds. Citizens will be able to download program information, action plans, and the
consolidated plan documents from the City’s website. In addition, citizens will be able to request hard copies or to meet with City staff to go over the records. Technical Assistance:
The Community Development Department will provide technical assistance to groups representative of persons of low‐and moderate‐income that request such assistance in developing proposals
for funding assistance under any of the federal or state programs covered by the Consolidated Plan. Specifically, as a result of limited Public Service Proposals received, the Department
of Community Development has determined to provide technical assistance to non‐profit organizations that service this community. The level and type of assistance will be determined by
the Department of Community Development, but shall not include the provision of funds to any person, group, or agency. Complaints: Citizens with complaints related to the Consolidated
Plan, Annual Action Plan, Action Plan Amendments, and the Comprehensive Annual Performance Reports (CAPER) must submit the complaint in writing to: City of Miami Gardens Community Development
Department 1515 NW 167th Street, Building 5, Suite 200 Miami Gardens, FL 33169 Attention: Daniel A. Rosemond, Assistant City Manager/Community Development Director If the complaint is
given orally, the person initiating the complaint must schedule a meeting with the Director at the above‐mentioned address and a formal complaint letter will be transcribed. The person
must sign the letter and submit an address for response. Upon receipt of the written complaint, the Director of Community Development will respond to the complaint in writing within
fifteen working days. Page 133 of 167
City of Miami Gardens Fifth Program Year Action Plan 12 Version 2.0 Use of the Citizen Participation Plan: The requirements for citizen participation do not restrict the responsibility
or authority of the jurisdiction in the development and execution of the City’s Consolidated Plan. 2. Citizens Comments/Views on the plan The City scheduled two citizens participation
meetings to give residents an opportunity to give their input on the use of program year 5 federal funds. Meeting were held on March 30, 2010 during normal business hours and on April
1, 2010, during the evening to accommodate residents that may not be available for the earlier time slot. Both meeting were held at City Hall. Attendance at the meetings was improved
over the previous years, with nine participants in attendance at the first meeting and three at the second. Participants that were present gave their comments on the plan. Comments received
from the public are attached to this plan under Public Comments. 3. Efforts made to broaden public participation Due to the poor turnout and lack of input in last program year’s citizen
participation process, the City made every effort to reach out to residents, businesses and non‐profit organizations to ensure their participation in this program year’s process. A flyer
was created detailing the program and dates and times of the meetings and was widely distributed throughout the City. Flyers were posted in City departments and at City Hall, at the
local public library, post offices and police department. Additionally, flyers were distributed to all clients receiving services through our public service partnering agencies, to residents
who have received assistance or are on the waiting lists of the City’s housing rehab and NSP homebuyer programs, neighborhood crime watch groups, homeowners associations, area clubs,
churches, and through all the public schools in the City. Furthermore, a community development representative attended all City advisory committee and senior club meetings during the
month of March 2010 to talk about the citizen participation process and distribute flyers. 4. Explanation of comments not accepted All public comments were accepted. Institutional Structure
1. Describe actions that will take place during the next year to develop institutional structure. Action Plan Institutional Structure response: 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 sources, as well as other Federal and State grants for housing, economic, and community development. Page 134 of 167
City of Miami Gardens Fifth Program Year Action Plan 13 Version 2.0 The City of Miami Gardens City Council acts as the final authority for the allocation of funds for Annual Action Plan
activities under the Consolidated Plan grant programs, following the recommendations of the City Manager. Within each of the priority funding areas, activities will be completed and
managed by a diverse team of public, private, not‐for‐profit, and institutional partners. The lists below identify some of the principal partners for each priority funding area. Decent
Housing ‐Programs in Support of this Goal: Program Partners: • Miami‐Dade Housing Agency • Miami Dade Department of Housing and Community Development • Metro Miami Action Plan • City
of Miami Gardens Building Services Division • City of Miami Gardens Code Compliance Division • City of Miami Gardens Planning and Zoning Department Housing Rehabilitation Program: Housing
rehabilitation provides assistance for low‐to moderate‐income residents Citywide. Given the age of of the City’s housing stock, priority will placed on improving energy efficiency and
water conservation in these units by replacing obsolete appliances that are no longer energy efficient, addressing building and code violations, along with meeting Housing Quality Standards
(HQS). However, when feasible, this program will also focus on disaster mitigation and weatherization. Homeownership Assistance Program: Provide both direct and indirect homeownership
assistance to low‐to moderate‐income first‐time homebuyers city‐wide. Neighborhood Stabilization Program (NSP): With NSP funds, the City intends to purchase and rehabilitate foreclosed
homes. The rehabilitation will be done using the same standards as the housing rehabilitation program; however, because of the condition of some of these homes, repairs will be more
extensive. Suitable Living Environment ‐Programs in Support of this Goal: Program Partners: • City of Miami Gardens Public Works Department • City of Miami Gardens Building Services
Division • City of Miami Gardens Code Compliance Division • City of Miami Gardens Parks and Recreation Department • City of Miami Gardens Police Department Page 135 of 167
City of Miami Gardens Fifth Program Year Action Plan 14 Version 2.0 Livable Neighborhoods Initiative Program: Fund improvements to residential storm water drainage facilities, street
lighting, and landscaping to address flooding, and safety issues in three specifically designated neighborhoods. All three neighborhoods have been determined to be at least 51% low‐moderate
income. Public Facilities Improvements: Provide funding for improvements to parks and recreational facilities in low‐mod census tracts. Public Services ‐Programs in Support of this Goal:
Program Partners: • City of Miami Gardens Parks and Recreation Department • Faith Based Organizations • Not‐for‐Profit Organizations Youth and Senior Services: Provides funding support
to eligible non‐profit agencies that will, through a sub‐recipient agreement, carry out public service activities that benefit youth and assist elderly residents. Expanded Economic Opportunities
‐Programs in Support of this Goal: Program Partners: • Beacon Council • Miami‐Dade Dade Department of Housing and Community Development • Partners for Self Employment • Miami Dade Chamber
of Commerce • Financial lending institutions Commercial Redevelopment Program/Special Economic Development Program (Technical Assistance): Provides funding to improve commercial corridors
throughout the City and provides technical assistance and access to capital to City businesses. Consolidated Plan Delivery System: As a still relatively new municipality, the City of
Miami Gardens will strive to use the CDBG program to create successful partnerships among public and private sector entities. The delivery system for the Consolidated Plan programs is
no exception. Communication and cooperation between the City of Miami Gardens Community Development Department and the partner agencies and organizations that administer activities is
strong. The City hired an Economic Development Manager to address potential gaps and deficiencies in the delivery system as it relates to economic development opportunities. The Community
Development Department has begun defining the needs of small business owners and Page 136 of 167
City of Miami Gardens Fifth Program Year Action Plan 15 Version 2.0 identifying appropriate programs to expand economic opportunities for local businesses. One primary issue is the need
for technical training. Many businesses lack the business acumen to efficiently run their businesses; further they are not aware of various resources available to assist in operating
the business at its full potential. The Department will begin providing technical assistance to small and local businesses directly or through community partnerships. Creation of Economic
Development Strategy: • To specifically identify the activities that would further engage the City to institute its master plan in the development of neighborhoods by using economic
development tools. • A written plan of execution for the City of Miami Gardens to use: (1) as a set of guidelines for participation for engaging existing businesses in the growth of
the community, thereby escalating their business potential, (2) to forge new partnerships with proposed businesses in the relocation and/or equivalent investment with the city, (3) disseminate
a clear planning process for continued development, thereby creating an environment of economic sustainability and (4) encourage additional policy discussions/recommendations regarding
density in relation to the proposed use of a site. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects
and ensure long‐term compliance with program requirements and comprehensive planning requirements. Action Plan monitoring response: The City of Miami Gardens Community Development Department
shall conduct an initial site visit with each sub‐recipient within the first quarter of the contract period to provide technical assistance with implementing the program. A comprehensive
annual on‐site monitoring visit will also be scheduled during the program year. New sub‐recipients may be visited more frequently in order to assist with questions and check on program
progress. A monitoring schedule will be prepared and the sub‐recipient visits will be prioritized by determining if any organizations are considered high risk, i.e., new to the CDBG
program‐first year as a subrecipient; high staff turnover‐especially in key positions; carrying out high‐risk activities, such as economic development and/or conducting multiple CDBG
activities for the first time. The annual monitoring visits include the following: First, the assigned monitor contacts the agency to explain the purpose of monitoring and schedules
a date and time for the on‐site visit. Once this is completed, a confirmation letter is sent before the scheduled visit to confirm all aspects of the monitoring and to explain what can
be expected. In preparation for the monitoring visit, the monitor will review all written data on file for the sub‐recipient, such as application for CDBG funding, written agreement
and amendments, monthly reporting requirements, documentation of previous monitoring, and copies of audits. Page 137 of 167
City of Miami Gardens Fifth Program Year Action Plan 16 Version 2.0 During the actual visit, a thorough review of the sub‐recipient’s files ensures they comply with all regulations governing
their administrative, financial and programmatic operations and that they are achieving their performance objectives within schedule and budget. A clear written record of the on‐site
visit is kept by using one or more of the City's monitoring checklists. The assigned monitor will fill out the form during the visit. At the end of the visit, the monitor concludes the
visit by reviewing the tentative conclusions from the monitoring. At this point, there will be a clear understanding between the monitor and sub‐recipient of the areas of disagreement
and agreement regarding the monitoring results. Once the on‐site visit is completed, the monitor prepares a formal written letter describing the results of the visit, providing recognition
of the sub‐recipient’s strengths and weaknesses. A copy of this letter is kept on file with the sub‐recipient’s grant agreement and monthly reports. If the sub‐recipient is experiencing
problems or is failing to comply with regulations, these issues will be specifically outlined in the monitoring follow‐up letter, along with recommendations or requirements to address
and rectify the problems. If a concern or finding is issued for noncompliance with federal rules and regulations, the monitoring follow‐up letter will provide recommendations on how
the situation can be remedied, but no additional action is required. When a finding is issued, the monitoring follow‐up letter will identify a deadline for when the specific issues must
be corrected. The monitor will then follow‐up with the organization to make sure the corrections have been made. For situations in which the recommended corrections have not been made,
the organization will be placed on a probationary period, which must be approved by the Community Development Director, until the issues have been rectified and the sub‐recipient is
once again in compliance with Federal regulations and the grant Lead-based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of
housing units containing lead‐based paint hazards in order to increase the inventory of lead‐safe housing available to extremely low‐income, low‐income, and moderate‐income families,
and how the plan for the reduction of lead‐based hazards is related to the extent of lead poisoning and hazards. Action Plan Lead‐based Paint response: Participant property owners are
notified of the hazards of lead‐based paint and of the symptoms associated with lead‐based contamination. The City of Miami Gardens further prohibits the use of lead‐based paint in any
federally funded construction or rehabilitation project. Page 138 of 167
City of Miami Gardens Fifth Program Year Action Plan 17 Version 2.0 The City of Miami Gardens shall either perform paint testing on the painted surfaces to be disturbed or replaced during
rehabilitation activities, or presume that all these painted surfaces are coated with lead‐based paint. For residential properties receiving an average of up to and including $5,000.00
per unit the City of Miami Gardens shall: Perform paint testing on the painted surfaces to be disturbed or replaced during rehabilitation activities, or presume that all these painted
surfaces are coated with lead‐based paint. If testing indicates that the surfaces are not coated with lead‐based paint, safe work practices and clearance shall not be required. In addition
the City of Miami Gardens will follow all additional requirements as listed in 24 CFR 35.930 (b). For residential properties receiving an average more than $5,000.00 and up to and including
$25,000.00 per unit the City of Miami Gardens shall follow requirements of 24 CFR 35.930(c) which include but are not limited to risk assessments and interim controls. For residential
properties receiving an average of more than $25,000.00 per unit the City of Miami Gardens shall follow regulations as set forth in 24 CFR 35.930 (d) which include abatement. The City
of Miami Gardens will further coordinate with the Miami‐Dade Public Health Unit to implement educational programs on the hazards of lead‐based paint and blood testing of children at‐risk.
HOUSING Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes
to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified
needs for the period covered by this Action Plan. Action Plan Specific Objectives response: 1. Housing Objectives The following table outlines the specific Housing accomplishment goals
that the City of Miami Gardens hopes to achieve over the 2010‐2011 Action Plan period. Page 139 of 167
City of Miami Gardens Fifth Program Year Action Plan 18 Version 2.0 ACTIVITY ACCOMPLISHMENT UNITS GOAL Direct Homeownership Assistance Households 2 NSP Rehabilitation Households 10 Rehab,
Single‐Unit Residential Housing Units 7 2. Use of Resources The City of Miami Gardens currently uses its allocation of SHIP funds from the Florida Housing Finance Corporation to augment
the housing rehabilitation program. Because of budget cuts, we anticipate not receiving an allocation of SHIP funds during Program Year 5. Nonetheless, the City will continue to maximize
its resources by leveraging the funds it does receive and work creatively to attempt to meet the community’s needs. The allocation of NSP funds will continue to expand our housing program
activities, including rehabilitation and homeownership assistance. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of
public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2.
If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other
assistance in improving its operations to remove such designation during the next year. Action Plan Public Housing Strategy response: 1. Partnership with Public Housing Agency The Miami‐Dade
Housing Agency (MDHA) encourages public housing residents to become more involved in the management of the housing developments and to participate in homeownership through its Family
Self‐Sufficiency (FSS) program. 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. Homeownership programs
include: Surtax, State Housing Initiative, HOME, and infill programs. 2. Troubled Designation Page 140 of 167
City of Miami Gardens Fifth Program Year Action Plan 19 Version 2.0 Two public housing projects have been identified as troubled designations in the City. These sites have a history
of high crime including violent crimes. Although these sites are administered by the Miami‐Dade Housing Agency, the City has been actively involved in an effort to increase public safety,
health and welfare of citizens residing in this area. The City has held meeting with the local HUD office, as well as with the County regarding the issues. During the fifth program year,
the City will continue in its efforts to resolve issues surrounding these projects. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to
remove barriers to affordable housing. Action Plan Barriers to Affordable Housing response: 1. Barriers to Affordable Housing The City of Miami Gardens has experienced a tremendous increase
in housing prices (120%) over the previous five years (notwithstanding the last 2 years where the national housing market has slumped). This urban community is 93% built out with a forecasted
8% increase in population growth by 2010. In addition, the recent economic crisis throughout the country has created an increase in job losses and foreclosures whereby creating a decrease
in persons who are “mortgage ready.” The City of Miami Gardens had to adopt many of the Land Development Regulations and zoning codes of Miami‐Dade County. These regulations are in effect
until the City completes the lengthy statutory and public participation requirements associated with creating a code specifically for Miami Gardens. While the current codes are appropriate
for planning on a countywide level, they lack some of the flexibility and creativity that can be applied by a smaller unit of government. These regulatory barriers can be time consuming
and costly to private development and may in some cases result in higher development costs. 2. Strategy to Remove Barriers The City of Miami Gardens has established a new comprehensive
plan and associated land development regulations specific to the City. In recognition of the impact that regulatory requirements have on the cost of development, the City has developed
goals, objectives, and policies to address affordable housing issues in the City. These policies will guide all future growth management policies established by the City. The goals are
as follows: • Affordable Housing Incentives: Provide incentives to assist in the provision of affordable housing. Page 141 of 167
City of Miami Gardens Fifth Program Year Action Plan 20 Version 2.0 • Adopt land development regulations and appropriate policies that assist private developers with providing (and sustaining)
affordable housing. • Through the comprehensive planning process and the land development regulations, streamline the permitting process providing for efficient review with minimal delays
and waiving or reducing costs for development with a substantial affordable housing component. • Offer technical assistance and referral services to applicants interested in developing
affordable housing opportunities. • Investigate the feasibility of using inclusionary zoning to encourage or require a certain percentage of dwelling units of new development or redevelopment
to be set aside for lowor moderate‐income housing. The City has adopted a new zoning code that includes Article VI Housing which addresses the following: a) Promote the development and
provision of high quality housing in the City of Miami Gardens; b) Implement the goals, objectives and policies of the Housing Element of the City of Miami Gardens Comprehensive Development
Master Plan to the maximum extent practicable; c) Implement the recommendations of the City of Miami Gardens Affordable Housing Advisory Committee to the maximum extent practicable;
d) Increase and otherwise encourage home ownership opportunities within the city; e) Stimulate private sector production of workforce housing units for ownership, available to families
within the range of 65 percent to 200 percent of the area median income; f) Facilitate and encourage residential development that includes a range of high quality housing opportunities
through a variety of residential types, forms of ownership, and home sale prices; g) Encourage even and widespread distribution of high quality housing opportunities throughout the City;
and h) Insure that new housing in the City meets high quality development standards. • Consider awarding density and height bonuses for the provision of workforce housing in in new developments,
on infill sites, or within mixed‐use developments as referred to in the Future Land Use Element. • Encourage the development of rental housing alternatives for family households. • Examine
the feasibility of adopting a mixed income ordinance that requires any new mixeduse development exceeding a specific threshold of units to include an affordable component. Page 142 of
167
City of Miami Gardens Fifth Program Year Action Plan 21 Version 2.0 • Develop incentive programs in conjunction with a Community Design Element of the Comprehensive Development Master
Plan for increasing residential housing densities and providing enhanced urban amenities with funding programs for multistory parking, combining public open space, shared parking areas
for use in high density/intensity projects and other similar techniques and mechanisms. HOME/American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described
in § 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of
the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing
guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate
that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation
and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long‐term needs of the project can be met;
and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current
affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment
of HOME funds may be jurisdiction‐wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2)
or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including
CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b.
Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies,
for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. Page 143 of 167
City of Miami Gardens Fifth Program Year Action Plan 22 Version 2.0 c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain
homeownership, such as provision of housing counseling to homebuyers. Action Plan HOME/ADDI response: Not applicable HOMELESS Specific Homeless Prevention Elements *Please also refer
to the Homeless Needs Table in the Needs.xls workbook. 1. Sources of Funds—Identify the private and public resources that the jurisdiction expects to receive during the next year to
address homeless needs and to prevent homelessness. These include the McKinney‐Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted
to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publiclyowned land or property. Please describe, briefly, the
jurisdiction’s plan for the investment and use of funds directed toward homelessness. 2. Homelessness—In a narrative, describe how the action plan will address the specific objectives
of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness—The jurisdiction
must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this.
4. Homelessness Prevention—The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming
homeless. 5. Discharge Coordination Policy—Explain planned activities to implement a cohesive, community‐wide Discharge Coordination Policy, and how, in the coming year, the community
will move toward such a policy. Action Plan Special Needs response: 1. Source of Funds The Homeless Trust pools the Entitlement Jurisdiction funds for all of Miami‐Dade County to provide
a wide variety variety of Homeless Assistance Programs. The City of Miami Gardens along with Page 144 of 167
City of Miami Gardens Fifth Program Year Action Plan 23 Version 2.0 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. These funds will go directly to Miami‐Dade County for regional distribution. The City of Miami Gardens has mirrored the priorities
of the Homeless Trust as its regional service provider. The table below outlines the relative priorities of various categories of homeless needs within the Continuum of Care. Activities
that are identified as “Medium” priorities will likely receive Consolidated Plan funding if the applicable formula grants to the City of Miami Gardens are increased during the next five
years. 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 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 they are funded under the County's programs,
if the Consolidated Plan funding would be insufficient to have a meaningful impact on these needs, or if adequately funding them would result in minimal output or outcome accomplishments
relative to the amount of funds expended at the expense of other priority programs. Table III‐4: Priority 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 The addition of HPRP funds has allowed the City to address the needs of individuals and families that are either at risk of homelessness or currently homeless with assistance
in housing stability. The HPRP will meet the needs of population that are at or below 50% AMI. 2. Homelessness As required by HUD each jurisdiction must develop a local continuum of
care plan, the City of Miami Gardens in partnership with Miami‐Dade County Homeless Trust operate under the Miami‐Dade County Community Homeless Plan. The Miami‐Dade County Homeless
Trust serves as the lead agency implementing a countywide strategy to serve homeless individuals and families throughout our community. The Homeless Trust pools the entitlement jurisdiction
funds for all of Miami‐Dade County to provide a wide variety of Homeless Assistance Programs. The City of Miami Gardens, along with the Cities of Miami, Miami Beach, Hialeah, and North
Page 145 of 167
City of Miami Gardens Fifth Program Year Action Plan 24 Version 2.0 Miami has joined in partnership with Miami‐Dade County Homeless Trust to provide countywide Homeless Assistance Services.
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 identified in this plan. 3. Chronic Homelessness Chronic Homelessness Strategy: A. Carry out activities identified in 10 Year Plan
to End Homelessness, adopted in December, 2004 more specifically outlined below: B. Coordinated Outreach to the Chronically Homeless ‐In April, 2005, the Miami‐Dade County Homeless Trust
executed a contract with Citrus Health Network for a County‐Wide Chronic Homeless Outreach program based on the Philadelphia Model Coordinated Outreach Program which includes coordination
between all outreach teams, licensed clinical staff, and a psychiatrist. This program is identifying and tracking all chronically homeless people in our Continuum of Care (CoC) via Homeless
Management Information Strategies (HMIS) (including wireless laptop computers for outreach teams immediate HMIS access and referral
services in the field), and providing targeted assessment, clinical, and primary health services, placement of clients into appropriate permanent supportive housing and treatment. All
homeless outreach teams now have access to reciprocal information, which allows all of them to focus their efforts on target outreach services to specific individuals experiencing chronic
homelessness. Additionally, the contract calls for the identification, by name, of all chronically homeless individuals in Miami‐Dade County. C. Housing First – The Homeless Trust made
funding Housing First, and other models serving the chronically homeless population the number one funding priority of new programs in this application. D. General Obligation Bond ‐In
November 2004, the voters of Miami‐Dade County overwhelmingly passed a General Obligation bond. The Bond included $15 million in funding over the next 15‐years specifically for the Homeless
Trust, to be utilized for capital for permanent supportive housing. These units are earmarked for individuals experiencing chronic homelessness. E. Expanded Safe Havens ‐At present,
the continuum has two Safe Havens located in diverse geographic areas. The Safe Haven model has proven highly effective in engaging the chronic homeless, especially those who are also
impacted by mental illness. The Homeless Trust has been supportive and instrumental in obtaining $1 million in capital funding from the County’s Department of Housing and Community Development,
and $700,000 in operational funding from HUD to fund the relocation of Camillus House to a safe haven model. The Page 146 of 167
City of Miami Gardens Fifth Program Year Action Plan 25 Version 2.0 Camillus House is a homeless shelter provider, serving a high percentage of chronically homeless individuals by offering
overnight emergency shelter and a soup kitchen in downtown Miami. This relocation will allow chronic homeless individuals to be served in an indoor, low demand 125 bed open space Safe
Haven, combined with mental health and substance treatment beds. F. Jail Discharge Services – Improve discharge planning from systems most impacted by chronic homelessness, such as local
jails, crisis units and hospitals: Misdemeanor arrests account for more than 60% of all homeless arrests. Often, homeless detainees are given “credit for time served,” resulting in a
very quick revolving door in and out of the criminal justice system. A highly successful jail outreach/discharge program targeting those individuals at release, primarily those released
within 1‐3 days of arrest, has been implemented inside the County Jail where all releases of homeless individuals are made. Outreach staff are co‐located at the Jail and attend arraignments,
bond hearings, work with the public defenders and court disposition specialists to identify chronic homeless individuals. Local Judges, the Public Defenders and the State Attorney’s
Office, and the Corrections and Local Law enforcement departments are all involved. This program provides transportation, assessment, case management, emergency housing, and access to
the local Continuum of Care. This program is also tracking recidivism and following up on client placements. G. Criminal Justice Program‐Through the efforts of a Homeless Trust Board
member, Judge Steve Leifman, a highly successful and nationally recognized best practice model links chronically homeless mentally ill individuals meeting Baker Act criteria (voluntary/involuntary
commitment) with case management, crisis stabilization services, and outplacement services into mental health crisis beds funded via the Homeless Trust. This program also provides provides
crisis intervention team training to local police officers to encourage the appropriate treatment of mentally ill individuals and reduce harm to all involved. This program reduced recidivism
from 1196 people a year prior to this program, to 70 people after the first year of implementation. A SAMHSA grant has been implemented providing case management and evaluation of this
best practice model. H. HMIS‐HMIS will offer access and linkages to the criminal mental health project, via a Health Foundation Grant and cooperative agreement, will allow a “super‐case
manager” to track chronically homeless clients across criminal justice, mental health, substance abuse, crisis stabilization units, and the Homeless Continuum of Care. Client Outcomes,
cost analysis, and recidivism, will be evaluated via Florida International University. I. A Mental Health Drop In Center ‐located in an area of high concentration of individuals experiencing
chronic homelessness increased contact with case management services, with 651 individuals served since inception. J. Regional Planning Efforts ‐The Homeless Trust’s Executive Director
participates in the Florida Coalition for the Homeless Regional Planning Committee that is addressing regional Page 147 of 167
City of Miami Gardens Fifth Program Year Action Plan 26 Version 2.0 strategies for the 10‐year plan to end homelessness, local, regional and state strategies toward funding supportive
housing. K. State Legislative Budget Request ‐The Homeless Trust has submitted a $752,000 Legislative Budget Request to fund long term supportive housing initiatives for chronically
homeless people with mental health/co‐occurring disorders. This request is of course subject to the approval of the State Legislature and Governor. L. Arrest Information ‐In order to
better track and offer services to chronically homeless individuals, the Homeless Trust is working with the Department of Corrections, the State Attorney’s Office, and local law enforcement
to modify the arrest forms to indicate whether a person is homeless at the time of arrest. This change, which was just agreed upon, will help identify homeless people upon entrance into
the criminal justice system and will assist in discharge planning for those individuals. M. Florida Assertive Community Treatment (FACT) Team ‐The Florida Department of Children & Families
administers two FACT teams, with a third dedicated FACT team designed to provide intensive wrap‐around services and housing allowances, to homeless individuals who are severely mentally
ill, and those who are mentally ill with addiction disorders. 4. Homelessness Prevention Through the Countywide Homeless Hotline, individuals and families at risk of homelessness are
assessed and provided with or linked to appropriate services, including but not limited to: case management, rental assistance, mortgage assistance, utility assistance, and other services.
FEMA funds available through the Emergency Food and Shelter Board, are used for the same purpose. The Greater Miami Prosperity Campaign via the Human Services Coalition provides Tax
and Earned Income Tax Credit Assistance to individuals residing in Miami‐Dade County Homeless Assistance Centers and in One Stop locations. During Program Year 5, HPRP funds will be
utilized to provide homelessness prevention services to individuals and families at or below 50% AMI. These services include case management, short‐term financial assistance, data collection
and evaluation, outreach, moving and relocation costs, security and utility deposits, and arrearage of utility and rental payments. 5. Discharge Coordination Policy The Homeless Trust
currently has executed interagency agreements with; the Department of Children & Families for youth exiting foster care, the 11th Judicial Circuit for mentally ill homeless individuals
exiting jail who are homeless upon discharge, and outreach and assessment services at the County Jail, where all individuals who are deemed homeless upon arrest are discharged. These
strategies are in place to ensure that individuals discharged from these other systems of care are not homeless upon release. The County’s 10 Year Plan to End Homelessness has as a goal
the development of a Memorandum of Understanding between the Page 148 of 167
City of Miami Gardens Fifth Program Year Action Plan 27 Version 2.0 Homeless Trust, the Department of Children & Families, the Courts, the Department of Corrections and the Public Health
Trust ensuring that the discharge of individuals discharged from these systems is coordinated and does not result in homelessness. Emergency Shelter Grants (ESG) (States only) Describe
the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Action Plan ESG response: Not applicable
COMMUNITY DEVELOPMENT Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non‐housing community
development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements,
public services and economic development. 2. Identify specific long‐term and short‐term community development objectives (including economic development activities that create jobs),
developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment
and expand economic opportunities, principally for low‐and moderate‐income persons. *Note: Each specific objective developed to address a priority need, must be identified by number
and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative
terms, or in other measurable terms as identified and defined by the jurisdiction. Action Plan Community Development response: 1. Priority non‐housing community development needs As
defined in the City of Miami Garden’s mission statement, the City’s core community development needs are those activities that enhance the quality of life through the efficient and professional
delivery of public services. The City is committed to fostering civic pride, participation and responsible economic development for the community, and as such the City anticipates using
Community Development Block Grant (CDBG) funding to support programs to: • Improve recreational programs and facilities in the Community • Improve streets, install sidewalks and provide
for pedestrian safety Page 149 of 167
City of Miami Gardens Fifth Program Year Action Plan 28 Version 2.0 • Redevelop blighted commercial areas • Attract new businesses and retain existing businesses CDBG and other funding
will be used to strengthen, preserve, and enhance the physical character of and quality of life in City of Miami Gardens neighborhoods. Designated funding will be used to improve the
housing stock, and the public infrastructure and facilities, with particular emphasis on the low‐and moderate‐income neighborhoods. In addition, code enforcement for existing residential
and commercial buildings will be emphasized, so deteriorating properties do not have a detrimental influence on the neighborhoods. Finally, homeownership programs will be supported to
help improve community stability by maintaining homeownership rates in the City. Develop Economic Development Programs: The City will seek to partner with entities that provide training,
education, and employment opportunities to help expand Miami Gardens’ workforce, particularly by by lifting low‐and moderate‐income residents into stronger positions in the evolving
economy. Through the creation of business incentive programs, the City hopes to create new jobs that could be filled by individuals that are trained by the City’s partners in this effort.
To assist in the successful accomplishment of this goal the City has appointed an economic development manager that will carry out economic development activities utilizing CDBG funds
and also on a broader level to benefit the City at large. One of the primary components of the Commercial Façade Redevelopment Program is the creation of new, permanent jobs. The City’s
policy mandates a certain amount of new, permanent jobs are created as a direct result of financial assistance received from the City. Particular emphasis will be placed on programs
that cultivate entrepreneurship and create opportunities for larger‐scale job creation through site assembly, environmental remediation, building rehabilitation, infrastructure development,
technical assistance, and assistance to businesses. Create Programs and Services for Youth and Elderly Residents: CDBG and other funding will be used to implement programs to assist
the youth and elderly populations in providing them increased access to benefits and credits. Consistent with HUD Community Development Needs Table, the relative priority of community
development activities were identified with input obtained from numerous outreach efforts, and consultations during the 2006‐2011 consolidated planning process. Three distinct tables
in the Consolidated Plan document defines activities that received high, medium and low priority ranking during the visioning and focus group exercises conducted in support of the Consolidated
Plan. The first table (Table IV‐1), identified Public Facilities and Improvements Priorities, the second table (Table IV‐2), identified Public Services Priorities, and the third table
(Table IV‐3), identified Housing, Economic Development, & Historic Preservation Priorities. Activities identified as high and medium priorities were consistent in all three tables. Page
150 of 167
City of Miami Gardens Fifth Program Year Action Plan 29 Version 2.0 High and medium priorities centered around housing rehab, street and drain improvements, homeownership assistance,
energy efficiency, services for youth and seniors. 2. Specific Long Term and Short Term Objectives Accomplishment goals have been established for those activities that received a high
priority ranking. The following tables, consistent with HUD Community Development Need Table provide the specific output accomplishment goals for each activity. These activities are
listed under the five community priorities as defined by the stakeholders throughout the visioning process. Because funding for "medium" and "low" priority activities may not be available,
accomplishment goals have not been provided for these categories. The accomplishment goals represent the activities anticipated in the 2010‐20111 Action Plan period. A discussion of
anticipated outcomes for each conceptual goal is as follows: 1. Public Services: ACTIVITY ACCOMPLISHMENT UNITS GOAL Youth Services People Served 100 Senior Services People Served 150
Homebuyer Counseling/Foreclosure Prevention People Served 25 Priority projects in this category include support for public service activities that benefit youth and senior populations.
These activities will assist the City of Miami Gardens in moving closer to achieving its goal of providing sustained services for the residents of Miami Gardens. 2. Redevelop aging housing
stock in residential areas: ACTIVITY ACCOMPLISHMENT UNITS GOAL Rehab, Single‐Unit Residential Housing Units 7 Energy Efficiency Improvements Housing Units 100 The priority projects in
this category includes housing rehab projects benefiting low‐to moderate‐income residents with a focus on energy efficiency, and code enforcement activities to eliminate substandard
and blighted influences. 3. Public Facilities and Improvements: ACTIVITY ACCOMPLISHMENT UNITS GOAL Infrastructure (Livable Neighborhoods) Area Benefit (households) 2500 Parks, Recreation
Facilities Area Area Benefit (households) 3000 Priority projects in this category include improvements to residential storm water drainage facilities to address flooding issues in specific
low‐mod census tracts, including the designated Page 151 of 167
City of Miami Gardens Fifth Program Year Action Plan 30 Version 2.0 Neighborhood Revitalization Strategy Area. This activity also includes improvements to parks and recreation facilities
that are located in and serve low‐to moderate‐income residents. 4. Commercial Redevelopment Programs: ACTIVITY ACCOMPLISHMENT UNITS GOAL Building Acquisition, Construction, Rehabilitation
(façade) Businesses 2 Direct assistance to new businesses Businesses 2 Priority projects in this category include Economic Development activities to improve blighted conditions within
commercial corridors citywide. 5. Neighborhood Revitalization Strategy Area ACTIVITY ACCOMPLISHMENT UNITS GOAL Rehab, Single‐Unit Residential Housing Units 7 Infrastructure Improvements
Area Benefit (Households) 800 Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Action Plan Antipoverty
Strategy response: The City of Miami Gardens Anti‐Poverty Strategy describes the programs and policies that will be utilized to reduce the number of households with incomes below the
poverty line, in coordination with affordable housing efforts. The Department of Community Development will deploy a strategy responsive to the needs of low‐income citizens and disadvantaged
populations throughout the City. The Department of Community Development will further the U.S. Department of Housing and Urban Development (HUD) national objectives by coordinating the
priorities established in the City’s visioning process with goals and objectives adopted by HUD. The City’s strategy will: • Work with existing programs to maximize program dollars for
residents. • Leverage potential CDBG eligible activities with private, state, and local funds. • Implement programs in the Neighborhood Revitalization Strategy Areas to maximize funding
and program opportunities in neighborhoods with greater than 70% low to moderate‐income residents. Page 152 of 167
City of Miami Gardens Fifth Program Year Action Plan 31 Version 2.0 NON-HOMELESS SPECIAL NEEDS HOUSING Non-homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless
Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe
how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this
Action Plan. Action Plan Specific Objectives response: 1. Priorities and specific objectives The chart below (consistent with HUD Non‐Homeless Special Needs) outlines the relative priority
needs for various identified special needs categories for housing and supportive services in Miami Gardens. Activities which are labeled as “High” priorities in the table below and elsewhere
in this plan are those which will receive 2010‐2011 Action Plan funding. Activities which are identified as “Medium” priorities are those that will not receive Action Plan funding unless
additional funds are secured or particularly strong projects are identified. Activities that receive a “Low” priority will not receive Plan funding without a Plan Amendment. Special
Needs Category Housing Supportive Services Elderly High Medium Frail Elderly High Medium Persons w/Severe Mental Illness Low Low Disabled (Develop. Or Physical) Medium Low Alcohol/Other
Drug Addicted Low Low Persons w/HIV/AIDS Low Low 2. Use of Resources As still a relatively new entitlement, the City of Miami Gardens is working to secure various funding streams to
enhance our CDBG programs. Currently, the City of Miami Gardens will expand programs for homelessness prevention by utilizing HPRP funding. The City will also utilize funds from the
Department of Energy to implement energy efficiency and conservation strategies that will enhance the CDBG program as well as benefit the City as a whole. The City does not have the
benefit of being able to draw from historical data to estimate other revenue that would supplement the CDBG program since this is only the fifth program year as Page 153 of 167
City of Miami Gardens Fifth Program Year Action Plan 32 Version 2.0 an entitlement agency. However, as indicated above, the City is in the process of negotiating with the various agencies
to determine the level of funding that can be pooled with CDBG dollars to maximize program opportunities. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table
in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/type of housing
activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing,
and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and
outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future
plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short‐term rent, mortgage and utility payments to avoid homelessness; (2)
rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any
assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public
and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing
needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non‐regulatory) encountered, actions in response
to to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide
additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local
HOPWA program during the next year. Page 154 of 167
City of Miami Gardens Fifth Program Year Action Plan 33 Version 2.0 Action Plan HOPWA response: Not applicable Specific HOPWA Objectives Describe how Federal, State, and local public
and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Specific HOPWA Objectives
response: Not applicable Other Narrative Include any Action Plan information that was not covered by a narrative in any other section. Page 155 of 167
City of Miami Gardens Fifth Program Year Action Plan 34 Version 2.0 Public Comments The following are the public comments received during the Citizen’s Participation Meeting held on
March 30, 2010, where nine (9) people attended. Comments have been grouped into categories. Public Services Q: Do you have any programs for the elderly? A: Yes, currently the City offers
a home delivered meals program that is serving 69 elderly and disabled residents. Q: What public service programs are currently being funded? A: Currently the City is funding a home
delivered meals for the elderly program, a wrap around services for youth aging out of foster care program, an after school tutoring program, and a teen summer camp. Q: When will the
Public Services RFP be issued? A: A technical assistance workshop will be held sometime in May, with the RFP being issued in June. Comment: There needs to be a larger emphasis on youth
violence prevention programs and youth and family strengthening programs. Would like to see programs like these funded under public services. Energy Efficiency Q: Will the Energy Efficiency
(EE) program help pay for utilities that are in arrears? A: Not at this time. The program is an energy efficient retrofits program that consists of 3 phases: 1) installing insulation,
2) central air conditioning replacement, and 3) water heater replacement. Q: In the EE Retrofit program, will the water heaters be replaced with tankless? A: The type of water heater
replacement will depend on the home and the household size, and will be based on an assessment by a licensed City inspector. Q: In the EE Retrofit program, will the A/C replacement include
any duct, structural, or electrical work? A: No, only the A/C will be replaced. Any duct, structural or electrical work would be considered housing rehab and would need to be conducted
under that program. At this time the housing rehab application cycle is closed. Q: In the EE Retrofit program, will the water heater be installed to code? Page 156 of 167
City of Miami Gardens Fifth Program Year Action Plan 35 Version 2.0 A: Yes, all water heaters, A/Cs and insulation will be installed by a licensed and insured contractor. The size and
type of the water heater will depend on the needs of the home and what the home is already piped for. Neighborhood Stabilization Program (NSP) Q: How many homes have been purchased or
sold with NSP funds? A: To date, 25 homes have been purchased, but the City is continuing to identify abandoned and foreclosed properties to purchase. None of the homes have been sold,
however, rehab has been completed for 3 of the homes and they will be the first available for purchase. City staff is currently working to qualify buyers for these homes using the City’s
homebuyer pool. Housing Rehab Q: How does an applicant for housing rehab find out about the status of their application? A: Applicants are asked to call the Department of Community Development
at 305‐622‐8041 and to please have the application number they received when the application was submitted. Q: Is Emergency Rehab assistance still available? A: Yes, please call the
Department of Community Development at 305‐622‐8041 to find out if the situation is eligible for emergency rehab. The following are the public comments received during the Citizen’s
Participation Meeting held on April 1, 2010, where three (3) people attended. Comments have been grouped into categories. Homeless Prevention and Rapid Re‐housing Program Q: How long
will the Homeless Prevention program go on? A: This program will continue until the funds are exhausted. Q: Where should someone go if they are in need of homeless prevention assistance?
A: They need to call the homeless helpline (877‐994‐4357). Energy Efficiency Q: Is the EE retrofits program for residential property and will it be income based? A: The program is for
residential homes that are owner occupied and who are current with all mortgage, real estate taxes and insurance. It is also income based, the household must not make more that 80% of
the area median income (and income chart was displayed for the audience). Q: Does the EE retrofits program only include insulation? A: The program includes three (3) phases; 1) insulation
or reflective roof paint, 2) replacement of inefficient central air conditioning systems, and 3) replacement of inefficient water heaters. Neighborhood Stabilization Program Q: What
is the homebuyer pool? Page 157 of 167
City of Miami Gardens Fifth Program Year Action Plan 36 Version 2.0 A: The homebuyer pool is for people who are interested in purchasing one of the homes being acquired and rehabbed
through the NSP program. Miscellaneous Questions Q: A private community with a homeowners association is in need of street lighting in the neighborhood, but due to the economic downturn
and many foreclosures, the association is unable to pay for the lighting. Is there any CDBG or economic stimulus funds that can help? A: Unfortunately, no. In order for the City to use
CDBG or ARRA funds to do infrastructure projects like lighting, the City would need to own the land/streets where the improvements are being conducted. Because this is in a private community,
the streets are all owned by the community association and therefore are ineligible. Q: Is the housing paint program only for the Bunche Park Neighborhood? A: Yes, the Bunche Park neighborhood
is an established Neighborhood Revitalization Strategy Area and the exterior paint program is one of many program established for this area to assist the residents. The following are
the public comments received during the 30‐day Public Comment Period which began on June 6, 2010 and ended July 7,
2010. Comments have been grouped into categories. No comments were received from the public during the 30‐day Public Comment Period. Page 158 of 167
City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 14, 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 A SUBSTANTIAL AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT THIRD YEAR ACTION PLAN, ATTACHED HERETO
AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The City of Miami Gardens submitted the 3rd Program Year Annual Action
Plan (2008‐2009) to the US Department of Housing and Urban Development (HUD) in August 2008. As As an Entitlement jurisdiction, the City is required to submit an Action Plan each year
for the Community Development Block Grant (CDBG) Program. The 3rd Program Year Action Plan outlined the following activities for funding: Activity Amount Commercial Redevelopment $249,946
Public Services $205,005 Infrastructure Improvements $500,000 Housing Rehabilitation $138,410 Program Administration $273,340 Total CDBG 2008‐2009 Allocation $1,366,701 ITEM L-2) RESOLUTION
PUBLIC HEARING CDBG 3rd Year Action Plan Page 159 of 167
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation City Staff is proposing to add Code Enforcement as a new activity to the 3rd Program Year Action
Plan. This activity will fund the enforcement of the local code in areas of the City that are deteriorating and low‐to‐moderate income. The Code Enforcement efforts to be carried out
using CDBG Funds are in line with the City’s 5‐year Consolidated Plan to address residential housing units that are deemed blighted. This activity will work in conjunction with the City’s
other CDBG Housing Rehab and Neighborhood Stabilization Program activities to arrest the decline of these designated low‐moderate income areas. Adding a new activity requires an Amendment
to the Annual Action Plan. The Amendment will re‐allocate funds from the Infrastructure Improvements and Commercial Redevelopment activities as follows: Activity Reduction Increase Final
Allocated Amount Infrastructure Improvements $50,000.00 $450,000.00 Commercial Redevelopment $50,000.00 $164,023.00 Code Enforcement $100,000.00 $100,000.00 A draft of the attached Amendment
to the 3rd Program Year Action Plan was publicly advertised for thirty (30) days, allowing for public comments. No public comments were received. A resolution is needed to amend the
City’s 3rd Program Year Action Plan allocating funds to the Code Enforcement activity. Upon City Council’s approval, the Amendment must be submitted to HUD. Proposed Action: Staff recommends
that City Council approve of the attached Amendment to the 3rd Program Year Annual Action Plan (2008‐2009) and authorize the City Manager to submit the Amendment to the US Department
of Housing and Urban Development for review and approval. Attachments: • 3rd Program Year Annual Action Plan Amendment Page 160 of 167
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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A SUBSTANTIAL
AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT THIRD YEAR ACTION PLAN, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens is an “entitlement city” under the Federal Community Development Block Grant Fund Program (“CDBG”), and WHEREAS, the U.S. Department of Housing and
Urban Development (“HUD”) allocated One Million, Three Hundred Sixty-Six Thousand, Seven Hundred One Dollars ( $1,366,701.00) to the City to support activities under the Third Year Action
Plan, and WHEREAS, City staff proposes to reallocate grant funds to add code enforcement as an additional activity to the Third Year Action Plan, and WHEREAS, adding a new activity requires
an amendment to the Annual Action Plan, and WHEREAS, the amendment will re-allocate funds from from the Infrastructure Improvements and Commercial Redevelopment activities, and WHEREAS,
the Code Enforcement efforts to be carried out using CDBG funds, are in line with the City’s Five Year Consolidated Plan to address residential housing units that are deemed blighted,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 161 of 167
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 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. APPROVAL: The City Council of the City of Miami Gardens hereby approves
the amendment to the Community Development Block Grant Program Third Year Action Plan. 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 _________________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST:
_________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE:
_____ 2 Page 162 of 167
3 1 2 Mayor Shirley Gibson (Yes) ___(No) 3 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 4 Councilman Melvin L. Bratton (Yes) ___(No) 5 Councilman Oliver Gilbert, III (Yes) ___(No) 6
Councilwoman Barbara Watson (Yes) ___(No) 7 Councilwoman Sharon Pritchett (Yes) ___(No) 8 Councilman André Williams (Yes) ___(No) 9 10 11 Page 163 of 167
City of Miami Gardens Department of Community Development Action Plan Amend (Program Year 3) ment #1 FY 2008‐ 2009 Submitted to: The US Department of Housing & Urban Development; Community
Planning & Development 909 SE First Avenue, Room 500 Miami, Florida 33131‐3028 Page 164 of 167
Action Plan Amendment #1 FY 20082009 City of Miami Gardens Page 2 1. INTRODUCTION EXECUTIVE SUMMARY This report consists of modifications (amendments) implemented to activities identified
in the City of Miami Gardens’ 3rd Program Year Action Plan (FY 2008‐2009), for its Community Development Block Grant (CDBG) Programs. With the approval of the City Manager, this report
delineates adjustments to activities carried out by the Department of Community Development. These amendments were necessary due to a change in the nature of the projects indicated herein.
In an effort to better meet the priorities and needs of low‐and moderate‐income city residents, funding allocations have been increased or decreased appropriately by means of transfer,
reallocation, or de‐obligation. All funding determinations are consistent with the goals and objectives set‐forth in the 2006‐2011 Consolidated Plan in conjunction with the Citizen Participation
Plan. As it relates to citizen participation, a summary of the amendments was made available to the public for review and comment. The final amendment will be publicly posted and available
on the City’s website at http://www.miamigardens‐fl.gov/cd/index.html for review by the general public. As an Entitlement Jurisdiction, the City of Miami Gardens is dedicated to complying
with the goals and regulations mandated by the U.S. Department of Housing and Urban Development (U.S. HUD), while attempting to provide decent housing, a suitable living environment,
and increased economic opportunity for low‐and moderate income residents. The Department of Community Development initiated such amendments with the intent of meeting the following CDBG
national objectives: 1) Provide benefits to low‐to‐moderateincome families; 2) Aid in preventing “slums and blight”; 3) To meet other community development needs that have a particular
urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community. Projects submitted in the 3rd Program Year Action Plan were designed
to give maximum priority to feasible activities that promote the CDBG national objectives. Furthermore, Entitlement Grant monies, such as CDBG will be awarded by the City of Miami Gardens
to agencies and projects which further the national federal objectives. As a result, the same essential factor is exercised when allocating additional funding to existing programs and/or
subsidizing initial funding for new applicants. Page 165 of 167
Action Plan Amendment #1 FY 20082009 City of Miami Gardens Page 3 2. BACKGROUND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) The City of Miami Gardens received its first allocation of Community
Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) in 2006. The primary objective of the CDBG Program as set forth by Congress is the
“development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate
income.” Federal regulations define persons who are low and moderate‐income as those individuals (or households) earning less than 80% of the area median income (AMI) as determined by
HUD, adjusted by household size. Usage of the CDBG funds is guided by the City’s Consolidated Plan for Community Development and Housing programs. The Consolidated Plan establishes a
long‐range strategy for investment of its HUD resources and other resources linked to activities directed at the community development, housing and homeless services needs. The plan
covers a five‐year period, beginning October 1, 2006 and ending September 30, 2011. Lastly, the City must prepare an Annual Action Plan describing actions/strategies designed to fulfill
the Consolidated Plan. As an Entitlement City, Miami Gardens is awarded an annual CDBG allocation on a formula basis. The formula takes into account total population, overcrowding and
poverty. CDBG funds must be used for activities that benefit low‐and moderate income persons. Eligible activities include affordable housing, job creation, business expansion opportunities,
and services to the most vulnerable in the community. The Department of Community Development furthers the HUD national objectives by coordinating the priorities collectively established
in annual public hearings, with the CDBG national goals and objectives. Page 166 of 167
Action Plan Amendment #1 FY 20082009 City of Miami Gardens Page 4 3. AMENDMENTS DETAIL OF AMENDMENTS Number Key Activity Code Amendment Number (activity–P.Y.‐amendment #) Program Yr
Amendment Sequence BNFR (CDBG‐Infrastructure Improvements) BNFR‐03‐01 3rd 001 BCRD (CDBG‐Commercial Redevelopment) BCRD‐03‐01 3rd 002 BCE (CDBG‐Code Enforcement) BCE‐03‐01 3rd 003 No.
BNFR‐03‐01‐001 (Infrastructure Improvements): The 2008‐2009 Action Plan reflected the provision of infrastructure improvements in selected low‐mod census tracts in the City. This activity
was to consist of improvements to drainage, water/sewer, street lights, and street reconstruction. Amendment #1 will reduce the amount allocated to this activity by $50,000. This amount
will be re‐allocated to one activity: Code Enforcement. The new total amount in the Infrastructure Improvements activity will be $450,000.00. No. BCRD‐03‐01‐002 (Commercial Redevelopment):
The 2008‐2009 Action Plan reflected the provision of commercial redevelopment through a façade improvement program for eligible for‐profit businesses and the creation of a business incentive
program. Amendment #1 will reallocate $50,000 from the commercial redevelopment activity to the Code Enforcement activity. This will bring the total allocation for commercial redevelopment
to $164,023.00. No. BCE‐03‐01‐003 (Code Enforcement): This is a new activity for the 2008‐2009 Action Plan. This activity will include the payment of salaries and overhead costs that
are directly related to the enforcement of the local code in areas of the City that are deteriorating and low‐mod income. This activity will work in conjunction with our other Housing
Rehab and Neighborhood Stabilization Program activities to arrest the decline of these designated areas. Amendment #1 will re‐allocate funds from the infrastructure improvement and commercial
redevelopment activities to this activity. This will bring the allocation for the code enforcement activity to a total of $100,000.00. Summary of Amendments Activity Reduction Increase
Final Allocated Amount Infrastructure Improvements $50,000.00 $450,000.00 Commercial Redevelopment $50,000.00 $164,023.00 Code Enforcement $100,000.00 $100,000.00 Page 167 of 167