HomeMy WebLinkAboutSeptember 8, 2010 City Council Agenda
Regular City Council Agenda September 8, 2010 Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: September 8, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens,
Florida 33169 Next Regular Meeting Date: September 22, 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 Lisa Davis Councilman André Williams Councilwoman Felicia Robinson 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 – July 14, 2010 D-2) Regular City Council Minutes
– July 28, 2010 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Page 1 of 381
Regular City Council Agenda September 8, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Chief Matthew Boyd, Police Department Monthly Report F-2) Councilwoman Pritchett
– Javier Fernandez Spaze Cadet/Spase Desizn F-3) Mike Gambino, 2010 Flood Plan Management Progress 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, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MIAMI GARDENS, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR CORRECTIONS OF SCRIVENER’S ERRORS; PROVIDING AN EFFECTIVE DATE.(SPONSORED
BY THE CITY CLERK) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48 (“PURCHASING ORDINANCE”) TO CREATE ARTICLE IV TO PROVIDE
FOR A BONUS FOR ENTITIES AWARDED CITY CAPITAL IMPROVEMENT CONTRACTS, THAT HIRE CITY RESIDENTS TO PERFORM SERVICES; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR BONUS
STRUCTURE; PROVIDING FOR REPORTING AND COMPLIANCE REQUIREMENTS; 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 ANDRÉ WILLIAMS) H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING
A LOCAL HIRING PROCESS FOR CITY RESIDENTS; ESTABLISHING PROCEDURES; ESTABLISHING REPORTING REQUIREMENTS; 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 Page 2 of 381
Regular City Council Agenda September 8, 2010 Page 3 EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) H-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, CREATING THE PEOPLE WITH DISABILITIES ADVISORY COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) H-5) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, A RESIDENTIAL HIRING PREFERENCE; 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 ANDRÉ WILLIAMS) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ESTABLISHING AN ART IN PUBLIC PLACES FUND; ESTABLISHING PERMITTED USES OF FUNDS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; ESTABLISHING A COMMITTEE;
ESTABLISHING GUIDELINES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – July 28, 2010) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REQUIRING THE REGISTRATION
OF ABANDONED PROPERTIES; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR A DEFINITIONS; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ADOPTION OF Page 3 of 381
Regular City Council Agenda September 8, 2010 Page 4 REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) (1st Reading – July 28, 2010) I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE MIAMI
GARDENS SCHOLARSHIP PAGEANT COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading – July 28, 2010)
(J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND TWENTY-EIGHT THOUSAND, EIGHT HUNDRED SEVENTY-FIVE
DOLLARS ($28,875.00) IN LAW ENFORCEMENT TRUST FUND MONEY FOR THE PURCHASE OF ADDITIONAL LICENSES FOR THE POLICE DEPARTMENT TELESTAFF STAFFING/PAYROLL INTEGRATION PROGRAM AND THE PURCHASE
OF SUPPLIES TO UPDATE THE POLICE DEPARTMENT’S INVENTORY OF AUTOMATIC EXTERNAL DEFIBRILLATOR UNITS; 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, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY,
THAT CERTAIN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF ONE HUNDRED EIGHTY-TWO THOUSAND,
FIVE HUNDRED SIXTYSEVEN DOLLARS ($182,567.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 4 of 381
Regular City Council Agenda September 8, 2010 Page 5 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO METRO EXPRESS AS PRIMARY CONTRACTOR,
AND CEB CONSTRUCTION AS SECONDARY CONTRACTOR, WITH AN OPTION TO RENEW FOR TWO YEARS, FOR THE REPLACEMENT AND INSTALLATION OF SIDEWALKS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE
ORDERS ON AN AS-NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO J.B. BUILDERS & CONTRACTORS, INC. D/B/A BALLARENA CONSTRUCTION FOR THE BETTY T. FERGUSON
RECREATIONAL COMPLEX AMPHITHEATRE IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED SEVENTY-SEVEN THOUSAND TWO HUNDRED FORTY-TWO DOLLARS ($777,242.00) WHICH INCLUDES A 10% CONTINGENCY; AUTHORIZING
THE CITY MANAGER NEGOTIATE AND EXECUTE A CONTRACT; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SHAW ENVIRONMENTAL & INFRASTRUCTURE INC., IN THE AMOUNT OF NINETY-FIVE
THOUSAND EIGHT HUNDRED AND NINETY-NINE DOLLARS ($95,899.00) FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG); AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) RESOLUTIONS
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REQUESTING THAT THE MIAMI-DADE COUNTY BOARD OF COUNTY COMIMISSIONERS, ESTABLISH A SPECIAL TAXING DISTRICT
ENCOMPASSING THE ENTIRE CITY OF MIAMI Page 5 of 381
Regular City Council Agenda September 8, 2010 Page 6 GARDENS FOR THE PURPOSE OF ALLOWING THE CITY TO COLLECT THE AMOUNT INCURRED BY THE CITY FOR CLEAN UP OF VACANT AND ABANDONED PROPERTIES
ON PROPERTY TAX BILLS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING INSTRUCTIONS TO THE CITY MANAGER AND THE CITY ATTORNEY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE CITY MANAGER TO ADOPT A
HIRING POLICY TO REMOVE UNFAIR BARRIERS TO EMPLOYMENT FOR PEOPLE WITH CRIMINAL HISTORIES, WHO APPLY FOR GENERAL EMPLOYMENT WITH THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) K-3) A RESOLUTION OF THE CITY OF MIAMI GARDENS, MIAMIDADE COUNTY, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY ATTORNEY TO TAKE SUCH STEPS AS SHALL BE NECESSARY AND APPROPRIATE TO INSTITUTE EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES, REGARDING THE CONDEMNATION
OF THAT CERTAIN PROPERTY DESCRIBED AS THE EAST 3/5 OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ IN SECTION 2, TOWNSHIP 52 SOUTH, RANGE 41 EAST, LESS THE SOUTH
50 FEET, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA, HAVING A CIVIL STREET ADDRESS OF 1401 NW. 183RD ST., MIAMI GARDENS, FLORIDA, ("SUBJECT PROPERTY") IT BEING DETERMINED, AFTER IN
INQUIRY DAND INVESTIGATION, THAT THE ACQUISITION OF FEE SIMPLE TITLE TO THE SUBJECT PROPERTY SHALL SERVE THE PUBLIC PURPOSE OF FACILITATING THE IMPROVEMENT OF ROLLING OAKS PARK AND THE
RECREATIONAL OPPORTUNITIES OF THE CITY'S RESIDENTS AND GUESTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR DETERMINATIONS OF PUBLIC PURPOSE AND NECESSITY; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 6 of 381
Regular City Council Agenda September 8, 2010 Page 7 (L) RESOLUTION(S)/PUBLIC HEARING(S) L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11
CDBG PUBLIC SERVICE FUNDS IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO HARVEST FIRE INTERNATIONAL OUTREACH MINISTRIES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT
AGREEMENT FOR THIS PURPOSE; 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, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) TO JPM CENTRE AT MIAMI GARDENS DRIVE INC.; AUTHORIZING
THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) L-3)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN THE AMOUNT OF FORTY-NINE THOUSAND THREE HUNDRED TWENTY-ONE
DOLLARS ($49,321.00) TO KRISTI HOUSE, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) L-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN THE
AMOUNT OF ONE HUNDRED TWENTY-EIGHT THOUSAND FIVE HUNDRED FORTY-THREE DOLLARS AND FIFTY CENTS ($128,543.50) TO SUNSHINE FOR ALL, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT
AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY
CLERK Page 7 of 381
Regular City Council Agenda September 8, 2010 Page 8 (N) REPORTS OF MAYOR AND COUNCIL MEMBERS (O) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (P) ADJOURNMENT
IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY
SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./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 8 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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 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 Dr. Danny Crew, City Manager Department: Public
Works Short Title: Progress report on flood losses and drainage improvements in the City of Miami Gardens. Staff Summary: The City of Miami Gardens currently participates in the National
Flood Insurance Program (NFIP) and the Community Rating System (CRS). Participation in these programs helps protect residents and businesses from flood events and provides discounts
to citizens in their flood insurance policies. One CRS requirement is that the City provides a yearly progress report on what has been done to mitigate flood losses. Proposed Action:
None Attachment: Attachment A -The City of Miami Gardens Floodplain Management Plan: Progress Report and Area Analysis for 2010 Attachment B – List of Floodplain Management Projects
ITEM F-3) PRESENTATIONS 2010 Flood Plan Management Progress Report Page 9 of 381
Attachment A City of Miami Gardens Public Works Department Floodplain Management Program 1050 NW 163 Drive Miami Gardens, Fl. 33169 Drafted by: M. Gambino, CFM Draft date: July 15, 2010
Telephone 305.622.8039 Email: mgambino@miamigardens-fl.gov City of Miami Gardens Floodplain Management Plan Progress Report/Area Analysis for 2010 NFIP Community Number 120345 Miami-Dade
County Local Mitigation Strategy (LMS) The City of Miami Gardens currently uses Miami-Dade County’s LMS working group as the basis for its’ floodplain management plan. The LMS is a comprehensive
group of community stakeholders that have identified the natural and man-made hazards that threaten our community. This group then created mitigation projects that would minimize or
eliminate those hazards. Each community in the group has a list of hazard mitigation projects they hope to implement to improve their community. The city has included drainage improvement
projects in this multi-hazard plan to reduce flooding, protect life and property, and treat pollution that is inherent in stormwater runoff. Annual Progress Report for Community Rating
System (CRS) Twice per year, the LMS group updates its list and submits the new lists to the Chairperson. It is expected that some projects may be funded through each community’s budgets,
while other projects may be funded through grants that are disclosed through the LMS group. The CRS also requires that an annual progress report of the flood mitigation projects, and
efforts to investigate repetitive loss properties be submitted for review. This is the subject of this Report. How Report was Prepared, How to Get a Copy, and How Report is Publicized
This Progress Report was prepared by Mike Gambino, CFM, Floodplain Administrator for the City of Miami Gardens. This Report will be released to the media through the City’s Event and
Media Coordinator, and will be presented to the City Council in September 2010. This Report will also be submitted to the Chairman of the LMS group for inclusion in the LMS plan, which
which is made available to the public through the County’s web site, www.miamidade.gov/oem/lms.asp and through announcements of its quarterly public meetings. The Report, which includes
the area analyses, is also available to the public at the Floodplain Administrator’s office at the above address and contact information. The public can obtain the original LMS plan
at the above web address, or through the County’s Department of Emergency Management and Homeland Security, at 305.468.5400. Page 10 of 381
Attachment A (continued) Miami Gardens Floodplain Management Progress Report 2010 Page 2 Review of LMS List of Drainage Improvement Projects A review of the drainage improvement projects
planned and completed for Miami Gardens is listed in Attachment B, Project Number 3. Attachment B is also the updated list of projects included in the LMS. This Attachment shows projects
that have been completed within the year, and adds new flood mitigation projects as they are developed. Repetitive Loss (RL) Area Analysis From the start of Miami Gardens’ Participation
in the CRS, The City had one property listed as a repetitive loss. A repetitive loss is defined by the Federal Emergency Management Agency as a property where two or more flood insurance
claims of $1,000.00 or more have been made within a ten-year period. Numerous attempts were made to contact the one RL property owner in question, without success. The area has been
inspected by city staff, and drainage currently exists in this neighborhood. A review of County records and dates of claims reveals the owner was not the owner of the property when both
of the losses occurred, so this owner may not have any pertinent information to share regarding those losses. However, this year the repetitive loss list for Miami Gardens has increased
to 20 properties. Preliminary data on each property has been collected, and an analysis of these properties was drafted. The City would like to inspect these properties during the rainy
season to see if chronic flooding occurs in these areas. Hopefully this will be accomplished during May to October of 2010. A letter was sent to all RL areas disclosing the potential
for flooding, making residents aware of funding opportunities, the benefits of flood insurance, and how they can protect themselves from major flooding in the future (copy attached).
This list included 248 properties. A list of all RL area homeowners can be provided upon request. Discussion of Progress in Reaching Capital Improvement Objectives Funding is limited
in the City for capital improvements due to extensive debt repayment to Miami-Dade County, the slow economy, and a shrinking tax base. Therefore, most of the funding for these types
of projects is derived from grants. The City was able to get approval from the South Florida Water Management District for two new drainage improvement projects within the city limits
during this year. Page 11 of 381
Attachment A (continued) Miami Gardens Floodplain Management Progress Report 2010 Page 3 Progress of 2009 Recommendations During 2010, the following progress has been made regarding
recommendations from the 2009 progress report: • Finding additional funding sources: The City has been able to fund two drainage improvement projects, in concert with the South Florida
Water Management District. • Work with residents with private roads on their drainage issues: the city was able to complete new roads and drainage in the King’s Estate area. This project
will mitigate flooding in this private neighborhood. The City continues to try to reach out to other private residents to improve their private roads and drainage. • Inspect chronically
flooded areas: The Floodplain Administrator and the Public Works crews continue to document flooded areas, and respond to complaints. Recommendations for 2010 Recommendations that will
be considered by the Floodplain Administrator and executive management include: • Finding additional funding sources to complete projects • Continue investigation of chronically flooded
areas throughout the City, to prioritize and implement future drainage improvements. • Further investigate new RL’s that have been assigned to the City. Drafted: 071410 Drafted by: M
Gambino, CFM Page 12 of 381
Attachment B City of Miami Gardens Programs Last Revision 060110 Project One: Storm Shutter Program Scope of work: The City will provide financial assistance to twenty owneroccupied
single family homeowners to install hurricane shutters on all windows. The financial assistance will be in the form of a deferred forgive-able loan for five years. The City has an existing
process for qualifying residents to participate in the program. The shutters will be installed by a City-approved licensed and insured contractor. Estimated cost: $100,000.00. Timeline
to complete project is < than one year. Project Two: Livable Neighborhoods Initiative The livable neighborhoods initiative is an infrastructure improvement project consisting of the
provision of new drainage, sewer, roadway paving, sidewalk, lighting, and landscaping of three low-to-moderate income residential neighborhoods in the City. The project will be implemented
in phases, depending upon funding availability. Estimated cost: $12,500,000.00. Timeline to complete project is > than one year. Project Three: Drainage Improvements The following areas
have been identified as having severe flooding problems, and the stated improvements will reduce property damage and repetitive losses from future rain events. These projects also improve
water quality of stormwater runoff, which is a requirement of the County and federal permits. All projects will consist of French Drain systems, with emergency overflow outfalls where
needed. French Drains capture the first inch of stormwater runoff on the property site, and allow treatment for pollution, and then percolation into the ground. Bunche Park Neighborhood
Revitalization Project Estimated cost: $325,000.00. Timeline to complete this project is > than one year. Page 13 of 381
Attachment B (continued) Funded with a CDBG Grant. Bidding completed and waiting for construction NW 38 Place and NW 208-209 Streets. Estimated cost: $150,977.00. Cost share is occurring
with grant from South Florida Water Management District Timeline to complete this project is < than one year. Status: Council approved the receipt of the grant. Next is design NW 38
Court, 210 Terrace to 210 Street. Estimated cost: $200,000.00. Timeline to complete this project is > than one year. NW 194 Street and 21 Ave. Estimated cost: $350,000 Timeline to complete
this project is < than one year. Status: Council approved receipt of the grant. Next is the design. NW 175 Street and 12 Ave. Estimated cost: $113,200 Timeline to complete project is
< than one year. Status: Design and bid completed. Awaiting construction is June/July 2010. NW 170 Street and west of 22 Avenue. Estimated Cost: $950,000, this site will need retention
area or pumped system to Marco Canal. Timeline to completion is > than one year 1311 NW 195 Street. Estimated cost: $100,000 Time to completion is > than one year. NW 151-159 Street
and 27-32 Avenues Cost: $800,000 Timeline to completion is > than one year. NW 205-207 Streets, from NW 28-33 Avenues Cost: $300,000 Timeline to complete is > than one year. Page 14
of 381
Attachment B (continued) NW 191Street-196 Terrace, from NW Sunshine State Parkway East to NW 12 Avenue Cost: $500,000 Timeline to completion is > than one year. NW 7 Ave Improvements
New roads, drainage and median Cost: 5.2 million dollars Timeline to complete >than one year. Drainage projects completed within the last year: King’s Garden Phases I and II: This also
includes road renovations Estimated cost: $480,000 Substantially Completed NW 171 Terrace from NW 44 Avenue to 45 Court. Estimated cost: $225,000.00. Completed 082009 Golden Glades Elementary
School Swale Restoration Cost: $32,098.60 NW 17 Avenue and 194 Street swale restoration Cost: $3,500 NW 159 Drive and 12 Avenue East swale restoration Cost: $2,758 Project Four: Swale
Tree Trimming and Debris Clearance Develop and implement a citywide program to trim trees prior to hurricane season, which will allow for increased survivability of trees and will reduce
safety concerns of residents. This initiative will also reduce debris and protect infrastructure such as sidewalks and roads. Estimated cost: $275,000.00. Page 15 of 381
Attachment B (continued) Timeline to complete this project is > than one year. Project Five: Removal of Australian Pines and other Exotics Debris removal after a storm is an expensive
and time-consuming process. Fallen trees can delay the re-entry process by blocking access to roads and properties. This project would create a permanent ongoing tree removal program.
It would ensure removal of exotic trees on public rights-of-way. The exotics would be replaced by appropriate native trees that will enhance the City’s tree canopy. The City will maintain
the new native trees. Estimated cost: $1,000,000.00. Timeline to complete this project is > than one year. Project Six: Community Emergency Response Teams (CERT) This project’s goal
is to continue CERTS for the City. When an emergency or disaster occurs at anytime and anyplace in the City, trained CERT volunteers will be ready and able to respond to save lives and
protect property. CERT members will be able to do the greatest good for the greatest number after a a disaster, while protecting them from becoming victims. This program will include
but not be limited to basic medical treatment procedures, scene safety, securing utilities, and other hazards, and some rescue operations. Estimated cost: $50,000.00. Timeline to complete
this project is > than one year. Project Seven: Emergency Broadcast System Install an emergency broadcast system to give the residents emergency and evacuation information. Estimated
cost: $271,000.00. Timeline to complete this project is < than one year. Project Eight: Burial of Power Lines Due to wind storms, the burial of main electrical lines (FPL, cable, telephone,
etc) is essential to the community. This will minimize damage to property and loss of life, and gain a faster return to normal operations as soon as possible. Estimated cost: $10,000,000.00.
Timeline to complete this project is > than one year. Page 16 of 381
Attachment B (continued) Project Nine: Floodproofing Police Department Building This Project consists of applying floodproofing techniques to all the doors and low-lying windows of the
City’s Police Department. This will reduce damage to the building and its contents during a major rain event. Estimated cost: $50,000.00. Timeline to complete this project is > than
one year. Project Ten: Pre-emptive Tree Trimming at City Parks This project consists of trimming trees in City parks to ISA standards. This includes: Removing dead and diseased wood
from all tree specimens within the park system; Removing trees that exhibit a geotropic growth pattern and that pose a public health and safety hazard to citizens in the parks; and remove
weak and deformed crotches as well as major branches that have been broken in previous storms. Estimated cost: $40,000.00.
Timeline to complete this project is > than one year. Page 17 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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 Ronetta Taylor, MMC City Clerk Department: Office
of the City Clerk Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MIAMI GARDENS, FLORIDA; PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR CORRECTIONS OF
SCRIVENER’S ERRORS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On December 13, 2006, the City Council by adoption of Resolution No. 2006-154-500 initiated the process to codify the
City of Miami Gardens Ordinances. That task has finally been completed. The attached ordinance officially adopts The Code entitled "Code of Ordinances, City of Miami Gardens, Florida,"
published by Municipal Code Corporation, consisting of Chapters 1 through 34. This Code of Ordinance is inclusive of the Land Development Code. All subsequent ordinances adopted amending
sections of this “Code”, will be codified. Individuals wishing to view or purchase this “Code” can do so through the Municipal Code website: www.municode.com. The following Codification
Team Members are to be acknowledged for their hard work, due diligence, assistance and input: City Attorney Sonja K. Dickens, City Manager Dr. Danny ITEM H-1) ORDINANCE FIRST READING
Adopting/Enacting A New Code For the City of Miami Gardens Page 18 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 O. Crew. Deputy City Manager Renee Crichton, Assistant City Manager Daniel Rosemond, Assistant City Manager Vernita
Nelson, and Deputy City Clerk Mario Bataille, providing technical assistance. Proposed Action: The City Clerk recommends that the City Council adopt this ordinance on first reading,
with second reading and public hearing to take place, September 22, 2010. Attachment: None Page 19 of 381
1 ORDINANCE NO. 2010 ____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, ADOPTING AND ENACTING A NEW CODE 5 FOR THE CITY OF MIAMI GARDENS, FLORIDA; PROVIDING
6 FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED 7 THEREIN; PROVIDING A PENALTY FOR THE VIOLATION 8 THEREOF; PROVIDING FOR THE MANNER OF AMENDING 9 SUCH CODE; PROVIDING FOR CORRECTIONS
OF 10 SCRIVENER’S ERRORS; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on December 13, 2006, the City Council by adoption of 13 Resolution No. 2006-154-500, initiated the process to codify
the City of Miami 14 Gardens Ordinances, and 15 WHEREAS, as a result of numerous reviews by city staff, and rewrites by 16 Municipal Code Corporation the task of codifying City of Miami
Gardens adopted 17 ordinance into a municipal code has been completed, and 18 WHEREAS, the attached ordinance officially adopts the Code entitled 19 "Code of Ordinances, City of Miami
Gardens, Florida," published by Municipal 20 Code Corporation, consisting of Chapters 1 1 through 34, 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 22 THE CITY OF MIAMI GARDENS,
FLORIDA, AS FOLLOWS: 23 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 24 Whereas paragraphs are hereby ratified and confirmed as being true, and the same 25 are hereby made a
specific part of this Ordinance. 26 Section 2. ADOPTION OF CODE: The Code entitled "Code of 27 Ordinances, City of Miami Gardens, Florida," published by Municipal Code 28 Corporation,
consisting of chapters 1 through 34, each inclusive, is adopted. Page 20 of 381
Section 3. GENERAL PENALTY PROVISION: 1 Unless another penalty is 2 expressly provided, every person convicted of a violation of any provision of the 3 Code or any ordinance, rule or
regulation adopted or issued in pursuance thereof 4 shall be punished by a not exceeding $500.00 or imprisonment for a term not 5 exceeding 60 days, or by both such fine and imprisonment
in the discretion of the 6 court. Each act of violation and each day upon which any such violation shall 7 continue or occur shall constitute a separate offense. The penalty provided
by 8 this section, unless another penalty is expressly provided, shall apply to the 9 amendment of any Code section, whether or not such penalty is reenacted in the 10 amendatory ordinance.
In addition to the penalty prescribed above, the city may 11 pursue other remedies such as abatement of nuisances, administrative 12 adjudication, injunctive relief and revocation of
licenses or permits. 13 Section 4. ADDITIONS/AMENDMENTS: Additions or amendments 14 to the Code when passed in such form as to indicate the intention of the city to 15 make the same
a part of the Code shall be deemed to be incorporated in the 16 Code, so that reference to the Code includes the additions and amendments. 17 Ordinances adopted after June 9, 2010, which
amend or refer to ordinances that 18 have been codified in the Code shall be construed as if they amend or refer to 19 like provisions of the Code. 20 Section 5. CORRECTIONS OF SCRIVENERS’
ERRORS: The City 21 Attorney and City Clerk are hereby authorized to correct scriveners errors 22 contained in the Code. Page 21 of 381
Section 6. CONFLICT: All ordinances 1 of a general and permanent 2 nature enacted on or before June 9, 2010, and not included in the Code or 3 recognized and continued in force by reference
therein, are repealed. The repeal 4 provided herein shall not be construed to revive any ordinance or part thereof 5 that has been repealed by a subsequent ordinance that is repealed
by this 6 ordinance. 7 Section 7. SEVERABILITY: If any section, subsection, sentence, 8 clause, phrase or portion of this Ordinance is for any reason held invalid or 9 unconstitutional
by any court of competent jurisdiction, such portion shall be 10 deemed a separate, distinct and independent provision and such holding shall 11 not affect the validity of the remaining
portions of this Ordinance. 12 Section 8. INCLUSION IN CODE: It is the intention of the City 13 Council of the City of Miami Gardens that the provisions of this Ordinance shall 14 become
and be made a part of the Code of Ordinances of the City of Miami 15 Gardens and that the section of this Ordinance may be renumbered or relettered 16 and the word “Ordinance” may be
changed to “Chapter,” “Section,” “Article” or 17 such other appropriate word or phrase, the use of which shall accomplish the 18 intentions herein expressed. 19 Section 9. EFFECTIVE
DATE: This Ordinance shall become effective 20 immediately upon its final passage. 21 PASSED ON FIRST READING ON THE _____ DAY OF __________, 22 2010. Page 22 of 381
PASSED ON SECOND READING ON 1 THE ____ DAY OF _________, 2 2010. 3 4 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 5 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY
OF 6 ______________, 2010. 7 8 ________________________________ 9 SHIRLEY GIBSON, MAYOR 10 11 12 13 ATTEST: 14 15 16 _________________________________ 17 RONETTA TAYLOR, MMC, CITY CLERK
18 19 Prepared by SONJA KNIGHTON DICKENS, ESQ. 20 City Attorney 21 22 SPONSORED BY: RONETTA TAYLOR, CITY CLERK 23 24 25 Moved by: __________________ 26 Second by: _________________ 27
28 VOTE: _________ 29 30 Mayor Shirley Gibson ____ (Yes) ____(No) 31 Vice Mayor Aaron Campbell ____, (Yes) ____ (No) 32 Councilwoman Lisa Davis ____ (Yes) ____ (No) 33 Councilman Oliver
Gilbert III ____ (Yes) ____ (No) 34 Councilman Andre’ Williams ____(Yes) ____(No) 35 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 36 Councilwoman Felicia Robinson ____ (Yes) ____
(No) 37 Page 23 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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:
Various Funds 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 Councilman Andre´ Williams Department:
Mayor and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48 (“PURCHASING ORDINANCE”) TO CREATE ARTICLE
IV TO PROVIDE FOR A BONUS FOR ENTITIES AWARDED CITY CAPITAL IMPROVEMENT CONTRACTS, THAT HIRE CITY RESIDENTS TO PERFORM SERVICES; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING
FOR BONUS STRUCTURE; PROVIDING FOR REPORTING AND COMPLIANCE REQUIREMENTS; PROVIDING FOR FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Councilman Andre´ Williams proposes a bonus program for entities awarded capital improvement contracts
that employ City residents. The voluntary program will assist in alleviating the high unemployment rate that currently plagues the City. The City and interested contractors will enter
into a Participation Agreement which incorporates a Workforce Plan. The Workforce Plan must delineate the number and category of administrative, construction trades and labor personnel
necessary to perform the work under the capital improvement project for which a bonus is sought. A bonus equal to ten percent (10%) of the salary paid to any new hire who meets the residency
requirement under the Ordinance, will be awarded to participating contractors and subcontractors, subject to the availability of funds. ITEM H-2) ORDINANCE FIRST READING Amending Amending
the Purchasing Ordinance Page 24 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilman Andre´ Williams recommends that the City Council adopts the attached Ordinance. Attachment:
None. Page 25 of 381
ORDINANCE NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48 (“PURCHASING ORDINANCE”) TO CREATE ARTICLE IV TO PROVIDE
FOR A BONUS FOR ENTITIES AWARDED CITY CAPITAL IMPROVEMENT CONTRACTS, THAT HIRE CITY RESIDENTS TO PERFORM SERVICES; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR BONUS
STRUCTURE; PROVIDING FOR REPORTING AND COMPLIANCE REQUIREMENTS; 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 Andre´ Williams is recommending that the City Council adopt an Ordinance to establish a bonus process for entities
that employ City residents to perform construction trades work or labor under Capital Construction Contracts, and WHEREAS, in accordance with the proposed Ordinance, contractors who
are awarded capital improvement contracts by the City will receive a financial incentive when when they hire City residents to perform services on these projects, and WHEREAS, the bonus
process will help to alleviate the high unemployment rate that currently plagues the City, 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. Page 26 of 381
Section 2. AMENDMENT: Ordinance No. 2005-10-48 is hereby amended to create Article IV establishing a residential hiring bonus process as follows: Section 33: Purpose. The purpose of
this Ordinance is to provide a financial incentive to those entities that are awarded capital improvement contracts, as well as their subcontractors, to hire city residents to provide
labor. Unless, otherwise prohibited by federal, state or local law. In accordance with this Ordinance, entities who meet certain requirements for hiring city residents will receive a
bonus, so long as certain requirements are met. Section 34: Definitions. For purposes of this section the following definitions shall apply: 1. Capital Construction Contract means the
building and or improvement of a specific fixed asset as approved by the City Council and based upon an open and competitive process. 2. Contract means a contract for Capital Construction.
3. Job means a specific trade such as painting, electrical, plumbing, etc., in which a person hired by the contractor or subcontractor, and which the length of the job may aggregate
to less than 120 days due to the nature of the job. Jobs that will be less than 30 days for completion may not be considered towards compliance with this ordinance. 4. New Hire means
any individual meeting the requirements for residency, as defined below, employed by the contractor or subcontractor and on the contractor's or subcontractor's payroll, pursuant to the
City’s approval of the Workforce Plan by the contractor (or subcontractor) to perform any construction trades work or labor under a contract, and who remains employed by the contractor/subcontractor
and performs the job as listed and approved on the contractor's or subcontractor's Workforce plan to include any approved revisions to the Workforce plan, for a minimum duration of one
hundred twenty (120) days or the length of the capital improvement project, whichever is less. 5. Resident. Resident means a person who has resided in Miami Gardens within the past year
(12 12 months), and who has presented Page 27 of 381
documents proof. Said person shall be required to remain a City of Miami Gardens resident for the duration of the job in order for a bonus to be paid. 6. Review Committee means the committee
established by the City Manager to review Workforce Plans. All Workforce Plans shall require the final approval of the City Manager. 7. Scope of Services or Scope of Work means the work
to be performed under a Contract for which a workforce bonus has been sought. 8. Subcontractor means any person, firm, entity, or organization at any tier, other than the employees of
the contractor, performing construction trade work and labor under a contract to for which a workforce bonus has been sought. 9. Work means the construction and services required by
the contract including all labor, materials, equipment and services to be provided by the contractor to fulfill the contractor's obligations. The work may constitute the whole or a part
of the contract. 10. Workforce Plan or Plan means a plan delineating the number and category of administrative, construction trades and labor personnel necessary to perform the work
under a Capital Construction Contract for which the workforce bonus has been sought. The Plan shall be organized by trade and indicate the number and category of positions already filled
and the number and category of positions that require recruitment; the anticipated date that the hiring process will be initiated; the deadline for referrals; the anticipated position
commencement date; and the duration of the position. Said Plan shall also include the following: a. A description of the type of capital improvements to be performed; b. The legal description
and address for the physical site of the property where the work will be performed; c. The name and address of all owners, equity holders, or major participants in the proposed project,
and if applicable the corporation, partnership (of any kind), or other. d. The number of jobs to be created, the per annum salary with itemized employer/employee paid fringes e. Method(s)
to be utilized for the solicitation of employees; f. Listing by job title and associated job description for all employees Page 28 of 381
11. Work Order means issuance of specific work based on an open work contract with fixed unit prices. Section 35: Bonus Structure. 1. Subject to the availability of funds, and upon the
approval of a Workforce Plan by the City Manager, the City Manager shall set aside a bonus payment to be paid to those entities in accordance with this Ordinance. 2. Upon approval of
a Workforce Plan and approval of bonus, any Contract between the parties shall enter into a Participation Agreement that incorporates the Workforce Plan and bonus structure. 3. The City
will agree to pay a bonus equal to ten percent (10%) of the salary (not including benefits) of any new hire who meets the residency requirement of this Ordinance, with a maximum amount
to be determined on a per award basis, taking into consideration the nature of the project. In no event shall the City Manager approve a bonus that exceeds five percent (5%) of the total
project cost, without City Council approval. Total project cost shall not include any contingency amounts. 4. The City shall not be responsible for payment of any administrative costs
associated with the Contractor or Subcontractor’s participation in the bonus process. 5. Nothing contained in this Ordinance shall be construed to be a guarantee or entitlement to approval
of a Workforce Plan, regardless of the applicants’ conformity to these guidelines, the city’s financial condition, or the amount of money budged for financial bonus. Section 36: Reporting
and Compliance Requirements. 1. The contract and all subcontractors performing work on a contract in accordance with a Workforce plan, shall maintain, and make readily available, all
records pertaining to employment by the contractor and subcontractors on the contract. 2. The contractor shall submit monthly reports itemizing, by trade, all new hires performing work
under the plan including, but not limited to the trade, the time period the work was performed and the permanent residence information. Page 29 of 381
3. The City will only pay a bonus to a contractor upon the hiring of all required jobs and acceptance and approval by the City of the Workforce Plan. Failure of an awardee to create
the number of jobs agreed upon in the Workforce plan shall result in the award being reduced based upon the final number of jobs created. No funds shall be provided if the business fails
to meet minimum requirements. 4. Money received in accordance with the bonus process must be utilized for the purpose outlined in the Plan. Failure of the contractor to demonstrate proper
use of the funds awarded shall obligate the contractor to repay the city for all funds expended for unauthorized purposes. 5. Awardees shall agree that the City shall be permitted to
audit any and all documents relating to compliance with the Workforce Plan. Section 37: Monitoring. The City shall maintain staff for the purpose of monitoring compliance with this ordinance.
Assigned individuals will be on site quarterly to review the progress towards meeting the requirements of the approved Workforce Plan. Section 3. CONFLICT: All ordinances or Code provisions
in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of
the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered Page 30 of 381
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE _____ 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 KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Councilman
Andre’ Williams Moved by: __________________ Second by: _________________ Page 31 of 381
VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____ (No) Vice Mayor Oliver Gilbert, III ____ (Yes) ____ (No) Councilwoman Lisa Davis ____ (Yes) ____ (No) Councilman Aaron Campbell ____
(Yes) ____ (No) Councilman Andre’ Williams ____ (Yes) ____ (No) Councilwoman Sharon Pritchett ____ (Yes) ____ (No) Councilwoman Felicia Robinson ____ (Yes) ____ (No) Page 32 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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;
ESTABLISHING REPORTING REQUIREMENTS; 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, 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-3) ORDINANCE FIRST READING Local Hiring Process for City Residents Page 33 of 381
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 will be required to make quarterly reports to the City Council on the number of residents who submit applications for
employment; the number of interviews afforded to residents; and the number of residents hired for employment within the City. 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 34 of 381
1 1 ORDINANCE NO. 2010 ____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF MIAMI GARDENS, FLORIDA, ESTABLISHING A 5 LOCAL HIRING PROCESS FOR CITY RESIDENTS; 6 ESTABLISHING PROCEDURES;
ESTABLISHING 7 REPORTING REQUIREMENTS; PROVIDING FOR 8 DEFINITIONS; PROVIDING FOR EXCEPTIONS; 9 PROVIDING FOR ADOPTION OF REPRESENTATIONS; 10 REPEALING ALL ORDINANCES IN CONFLICT; 11
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR 12 INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, Councilman Gilbert desires to establish a local hiring process 15 whereby
City residents will be entitled to a five point preference over non16 resident job applicants, and 17 WHEREAS, the establishment of a local hiring process will increase job 18 opportunities
and curtail residential flight to other cities in search of employment, 19 and 20 WHEREAS, residents have a greater personal knowledge of the City and 21 a personal stake in the community
making them ideal candidates for City 22 employment, 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 25 Section 1. ADOPTION
OF REPRESENTATIONS: The foregoing 26 Whereas paragraphs are hereby ratified and confirmed as being true, and the same 27 are hereby made a specific part of this Ordinance. 28 Section
2. ADOPTION OF ORDINANCE: The City Council of the City 29 of Miami Gardens hereby adopts an Ordinance establishing a preferential hiring 30 program for City residents. Page 35 of 381
2 Section 3. PURPOSE: The purpose of 1 this Ordinance is to encourage 2 the hiring of City residents. 3 Section 4. DEFINITIONS: The following words, terms and phrases, 4 when used in
this Ordinance, shall have the meanings ascribed to them in this 5 section, except when the context clearly indicates a different meaning: 6 A. Applicant means a person who has filed
an application for 7 employment in a particular position with the Department of Human 8 Resources. 9 10 B. Position shall mean a specific job approved in the City budget, or 11 otherwise
authorized by the City Manager. 12 13 C. Resident shall mean any person whose usual place of domicile is 14 located within the municipal boundaries of the City as established by 15 the
City’s Charter. 16 17 Section 5. ESTABLISHMENT OF LOCAL HIRING PROCESS: 18 Except where federal or state law mandates to the contrary, any and all 19 residents of the City making applications
for initial employment, who shall have 20 resided in the City six (6) months prior to making making an application, shall be entitled 21 to a five (5) point preference in hiring. 22
Section 6. ESTABLISHMENT OF PROCEDURES FOR APPLYING 23 LOCAL PREFERENCE POINTS: The City Manager shall establish a process 24 whereby the five (5) point residential preference is provided
to all applicants for 25 positions with the City, except as listed in Section 8 herein. 26 Section 7. ESTABLISHMENT OF REPORTING REQUIREMENTS: The 27 City Manager shall submit quarterly
reports to the Mayor and City Council 28 outlining the following statistical data: 29 A. The number of completed job applications submitted by City residents; Page 36 of 381
3 B. The number of interviews afforded 1 to residents; and 2 C. The number of residents hired for employment within the City. 3 Section 8. EXCEPTIONS: This Ordinance shall not apply
to the 4 following employment positions: 5 A. The City Manager; 6 7 B. The City Attorney; and 8 9 C. The City Clerk. 10 11 Section 9. CONFLICT: All ordinances or Code provisions in conflict
12 herewith are hereby repealed. 13 Section 10. SEVERABILITY: If any section, subsection, sentence, 14 clause, phrase or portion of this Ordinance is for any reason held invalid or 15
unconstitutional by any court of competent jurisdiction, such portion shall be 16 deemed a separate, distinct and independent provision and such holding shall 17 not affect the validity
of the remaining portions of this Ordinance. 18 Section 11. INCLUSION IN CODE: It is the intention of the City 19 Council of the City of Miami Gardens that the provisions of this Ordinance
shall 20 become and be made a part of the Code of Ordinances of the City of Miami 21 Gardens and that the section of this Ordinance may be renumbered or relettered 22 and the word “Ordinance”
may be changed to “Chapter,” “Section,” “Article” or 23 such other appropriate word or phrase, the use of which shall accomplish the 24 intentions herein expressed. 25 Section 12. EFFECTIVE
DATE: This Ordinance shall become effective 26 immediately upon its final passage. Page 37 of 381
4 PASSED ON FIRST READING ON THE _____ 1 DAY OF __________, 2 2010. 3 PASSED ON SECOND READING ON THE ____ DAY OF _________, 4 2010. 5 6 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE
CITY OF 7 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF
8 ______________, 2010. 9 10 ________________________________ 11 SHIRLEY GIBSON, MAYOR 12 13 14 15 ATTEST: 16 17 18 _________________________________ 19 RONETTA TAYLOR, MMC, CITY CLERK
20 21 PREPARED BY: SONJA K. DICKENS, ESQ., CITY ATTORNEY 22 23 SPONSORED BY: COUNCILMAN OLIVER GILBERT, III 24 25 Moved by: __________________ 26 27 Second by: _________________ 28 29
VOTE: _________ 30 31 Mayor Shirley Gibson ____ (Yes) ____(No) 32 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 33 Councilman Oliver Gilbert, III ____ (Yes) ____(No) 34 Councilwoman
Lisa Davis ____(Yes) ____(No) 35 Councilman Andre’ Williams ____(Yes) ____(No) 36 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 37 Councilwoman Felicia Robinson ____ (Yes) ____(No)
Page 38 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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 Councilwoman Sharon Pritchett Department: Mayor
and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE PEOPLE WITH DISABILITIES ADVISORY COMMITTEE; PROVIDING FOR MEMBERSHIP;
PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Summary: Councilwoman Sharon Pritchett desires to establish a committee to address the concerns
of disabled citizens. The Committee will serve in an advisory capacity, and will make recommendations to the Mayor and City Council on all issues affecting people with disabilities.
It is envisioned that the Committee will work to remove physical and attitudinal barriers that impede the full participation of persons with disabilities in all aspects of life throughout
the City. Proposed Action: Councilwoman Sharon Pritchett recommends that the City Council approve this Ordinance establishing a People with Disabilities Advisory Committee. Attachment:
None. ITEM H-4) ORDINANCE FIRST READING The People with Disabilities Advisory Committee Page 39 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Page 40 of 381
1 1 ORDINANCE NO. 2010 ____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, CREATING THE PEOPLE WITH 5 DISABILITIES ADVISORY COMMITTEE; PROVIDING FOR 6
MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; 7 PROVIDING FOR ORGANIZATION; PROVIDING FOR 8 RESPONSIBILITIES; PROVIDING FOR THE ADOPTION OF 9 REPRESENTATIONS; REPEALING ALL ORDINANCES IN
10 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 11 FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE 12 DATE. 13 14 WHEREAS, on July 26, 1990, the Americans With Disabilities
Act (“ADA”) 15 was signed into law to prohibit discrimination and ensure equal opportunity and 16 access to persons with disabilities, and 17 WHEREAS, on July 23, 2010, United States
Attorney General Eric Holder 18 signed final revisions to the ADA regulations, and 19 WHEREAS, there are over three million people with disabilities residing in 20 the State of Florida,
many of whom reside in the City of Miami Gardens, and 21 WHEREAS, it is important that the City promote the inclusion and full 22 participation of people with disabilities in all facets
of economic, social and 23 community life in Miami Gardens, and 24 WHEREAS, Councilwoman Pritchett is recommending that the City 25 Council establish a Committee to address the concerns
of disabled citizens 26 within the City of Miami Gardens (“Committee”), and 27 WHEREAS, the Committee will serve in an advisory capacity and will 28 make recommendations to the City
Council to improve the quality of life for the 29 City’s disabled residents, and Page 41 of 381
2 WHEREAS, it is envisioned that the Committee 1 will work to remove 2 physical barriers that impede the full participation of persons with disabilities in all 3 aspects of life in the
City, 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 5 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 6 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 7 Whereas paragraphs
are hereby ratified and confirmed as being true, and the same 8 are hereby made a specific part of this Ordinance. 9 Section 2. ESTABLISHMENT OF COMMITTEE: The City Council of 10 the
City of Miami Gardens hereby establishes the People with Disabilities Advisory 11 Committee as follows: 12 a. Creation/Composition. The Committee shall consist of seven (7) 13 members
all of whom have demonstrated their dedication to 14 issues affecting persons with disabilities. Each Committee 15 member shall commit to meet no less than once per month. 16 17 b. Appointment
and Terms of Members. The Mayor and each 18 member of the City Council shall appoint one one (1) member to the 19 Committee. 20 21 c. Terms of Office. To ensure that the terms of office
of all members 22 of the Committee shall not expire at the same time, the initial 23 appointment of the Mayor and the Council members serving at 24 large seats shall serve a three (3)
year term. The appointment of 25 Council members serving in seats 1, 2, 3, and 4 shall serve a two 26 (2) year term. Thereafter, all Committee members shall serve for 27 a period of
three (3) years, or until a successor is appointed, 28 whichever occurs first. 29 30 d. Duties of the Committee. The Committee shall: 31 32 1) Serve in an advisory capacity with respect
to all matters 33 pertaining to the status of persons with disabilities, including 34 but not limited to discrimination against persons with 35 disabilities, employment of persons with
disabilities, vocational Page 42 of 381
3 training for persons with disabilities, 1 establishment of 2 residential facilities in the community for persons with 3 disabilities, transportation needs of persons with disabilities,
4 perceptions towards persons with disabilities within the City of 5 Miami Gardens, and to make reports and recommendations to 6 the City Council with respect to such matters; 7 8 9
2) Adopt Bylaws as guiding principles of nondiscrimination, 10 barrier removal and full community inclusion for persons with 11 disabilities and/or as it deems best to govern its actions;
and 12 13 3) Perform any other duties assigned to it by the City Council. 14 15 e. All provisions of Ordinance No. 2005-02-40 (“Boards and 16 Committees Ordinance”) as amended, and which
are not in 17 conflict herewith, shall apply. 18 19 Section 3. CONFLICT: All ordinances or code provisions in conflict 20 21 herewith are hereby repealed. 22 23 Section 4. SEVERABILITY:
If any section, subsection, sentence, 24 clause, phrase or portion of this Ordinance is for any reason held invalid or 25 unconstitutional by any court of competent jurisdiction, such
portion shall be 26 deemed a separate, distinct and independent provision and such holding shall 27 not affect the validity of the remaining portions of this Ordinance. 28 Section 5.
INCLUSION IN CODE: It is the intention of the City 29 Council of the City of Miami Gardens that the provisions of this Ordinance shall 30 become and be made a part of the Code of Ordinances
of the City of Miami 31 Gardens and that the section of this Ordinance may be renumbered or re-lettered 32 and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article”
or 33 such other appropriate word or phrase, the use of which shall accomplish the Page 43 of 381
4 intentions herein expressed; provided, however, that Section 1 1 hereof or the 2 provisions contemplated thereby shall not be codified. 3 Section 6. EFFECTIVE DATE: This Ordinance
shall become effective 4 immediately upon its final passage. 5 PASSED ON FIRST READING ON THE _____ DAY OF _________, 6 2010. 7 PASSED ON SECOND READING ON THE ____ DAY OF _________,
8 2010. 9 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 10 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 11 ______________, 2010. 12 13 14 15 16 ______________________________
__ 17 SHIRLEY GIBSON, MAYOR 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 _________________________________ 29 RONETTA TAYLOR, MMC, CITY CLERK 30 31 32 PREPARED BY: SONJA K. DICKENS, ESQ.,
CITY ATTORNEY 33 34 35 SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT Page 44 of 381
5 1 2 Moved by: __________________ 3 4 Second by: _________________ 5 6 7 VOTE: _________ 8 9 Mayor Shirley Gibson (Yes) ___(No) 10 Vice Mayor Aaron Campbell (Yes) ___(No) 11 Councilwoman
Lisa Davis (Yes) (No) 12 Councilman Oliver Gilbert, III (Yes) ___(No) 13 Councilwoman Sharon Pritchett (Yes) ___(No) 14 Councilman André Williams (Yes) ___(No) 15 Councilwoman Felicia
Robinson (Yes) ___(No) Page 45 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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 Andre´ Williams Department: Mayor
and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING A RESIDENTIAL HIRING PREFERENCE; 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 Andre´ Williams desires to adopt a Residential Hiring Preference Ordinance. A residential hiring preference will increase job opportunities,
and will counteract the economic and social ills associated with the unemployment of City residents. Pursuant to the City’s Charter, the City Council is required to make efforts to encourage
the hiring of City residents. ITEM H-5) ORDINANCE FIRST READING Local Hiring Preference Page 46 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 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 Ordinance will not apply
to appointed officials, managerial or professional staff. Proposed Action: Councilman Andre´ Williams recommends that the City Council approve this Ordinance establishing a residential
hiring preference. Attachment: None. Page 47 of 381
1 1 ORDINANCE NO. 2010 ____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, A RESIDENTIAL HIRING 5 PREFERENCE; ESTABLISHING PROCEDURES; PROVIDING 6 FOR
DEFINITIONS; PROVIDING FOR EXCEPTIONS; 7 PROVIDING FOR ADOPTION OF REPRESENTATIONS; 8 REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A 9 SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN 10 CODE; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, Councilman Andre´ Williams desires to adopt a Residential 13 Hiring Preference Ordinance, and 14 WHEREAS, the establishment of
a residential hiring preference will 15 increase job opportunities for City residents, and 16 WHEREAS, pursuant to the City’s Charter, the City Council is required to 17 make all efforts
to encourage the hiring of City residents, and 18 WHEREAS, the residential hiring preference will serve to counteract grave 19 economic and social ills associated with the unemployment
of City residents, 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 21 THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 22 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing
23 Whereas paragraphs are hereby ratified and confirmed as being true, and the same 24 are hereby made a specific part of this Ordinance. 25 Section 2. ADOPTION OF ORDINANCE: The City
Council of the City 26 of Miami Gardens hereby adopts a Residential Hiring Preference Ordinance. 27 Section 3. PURPOSE: The purpose of this Ordinance is to encourage 28 the hiring of
City residents. Page 48 of 381
2 Section 4. DEFINITIONS: The following 1 words, terms and phrases, 2 when used in this Ordinance, shall have the meanings ascribed to them in this 3 section, except when the context
clearly indicates a different meaning: 4 A. Applicant means a person who has filed an application for 5 employment in a particular position with the Department of Human 6 Resources.
7 8 B. Managerial or Professional Staff shall mean appointed officials, 9 management, and senior staff as designated by the City Manager. 10 11 C. Position shall mean a specific job
approved in the City budget, or 12 otherwise authorized by the City Manager. 13 14 D. Resident shall mean any person whose usual place of domicile is 15 located within the municipal
boundaries of the City as established by 16 the City’s Charter. 17 18 Section 5. ESTABLISHMENT OF RESIDENTIAL HIRING 19 PREFERENCE: Except where federal or state law mandates to the
contrary, 20 any and all residents of the City making applications for initial employment, who 21 shall have resided in the City six (6) months prior to making an application, shall
22 be entitled to a five (5) point preference in hiring. 23 Section 6. ESTABLISHMENT OF PROCEDURES FOR APPLYING 24 LOCAL PREFERENCE POINTS: The City Manager shall establish a process
25 whereby the five (5) point residential preference is provided to all applicants for 26 positions with the City, except as listed in Section 7 herein. 27 Section 7. EXCEPTIONS: This
Ordinance shall not apply to appointed 28 officials, managerial or professional staff. 29 Section 8. CONFLICT: All ordinances or Code provisions in conflict 30 herewith are hereby repealed.
Page 49 of 381
3 Section 9. SEVERABILITY: If any section, 1 subsection, sentence, 2 clause, phrase or portion of this Ordinance is for any reason held invalid or 3 unconstitutional by any court of
competent jurisdiction, such portion shall be 4 deemed a separate, distinct and independent provision and such holding shall 5 not affect the validity of the remaining portions of this
Ordinance. 6 Section 10. INCLUSION IN CODE: It is the intention of the City 7 Council of the City of Miami Gardens that the provisions of this Ordinance shall 8 become and be made a
part of the Code of Ordinances of the City of Miami 9 Gardens and that the section of this Ordinance may be renumbered or relettered 10 and the word “Ordinance” may be changed to “Chapter,”
“Section,” “Article” or 11 such other appropriate word or phrase, the use of which shall accomplish the 12 intentions herein expressed; provided, however, that Section 1 hereof or the
13 provisions contemplated thereby shall not be codified. 14 Section 11. EFFECTIVE DATE: This Ordinance shall become effective 15 immediately upon its final passage. 16 PASSED ON FIRST
READING ON THE _____ DAY OF __________, 17 2010. 18 PASSED ON SECOND READING ON THE ____ DAY OF _________, 19 2010. 20 21 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 22 MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 23 ______________, 2010. Page 50 of 381
4 1 2 ________________________________ 3 SHIRLEY GIBSON, MAYOR 4 5 6 7 ATTEST: 8 9 10 _________________________________ 11 RONETTA TAYLOR, MMC, CITY CLERK 12 13 PREPARED BY: SONJA K.
DICKENS, ESQ., CITY ATTORNEY 14 15 SPONSORED BY: COUNCILMAN ANDRE´ WILLIAMS 16 17 18 Moved by: __________________ 19 20 Second by: _________________ 21 22 VOTE: _________ 23 24 Mayor
Shirley Gibson (Yes) ___(No) 25 Vice Mayor Aaron Campbell (Yes) ___(No) 26 Councilwoman Lisa Davis (Yes) (No) 27 Councilman Oliver Gilbert, III (Yes) ___(No) 28 Councilwoman Sharon Pritchett
(Yes) ___(No) 29 Councilman André Williams (Yes) ___(No) 30 Councilwoman Felicia Robinson (Yes) ___(No) 31 32 33 Page 51 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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:
Various Departments /Grants Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny O. Crew, City
Manager Department: Capital Improvements Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ESTABLISHING AN ART IN PUBLIC PLACES FUND; ESTABLISHING
PERMITTED USES OF FUNDS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; ESTABLISHING A COMMITTEE; ESTABLISHING GUIDELINES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Miami-Dade County implemented
the Art in Public Places (AIPP) requirement in 1973, which is meant to capture and enhance local artistic culture. In accordance with Section 2-11.15 (Art in Public Places) of the Miami-Dade
County Code of Ordinances, each municipality within Miami-Dade County shall provide for the acquisition of works of art equivalent to not less than one and one-half (1 ½) percent of
the construction cost of new public buildings. In addition, the reimbursement of any grant funding provided by Miami-Dade County is contingent upon meeting the requirements of the aforementioned
County ordinance. In order to obtain contracted grant funds, the Art in Public Places requirement must be met at the time of the construction project’s completion. ITEM I-1) ORDINANCE
SECOND READING/PUBLIC HEARING Art in Public Places Page 52 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Implementing its own Art in Public Places (AIPP) program will prevent the City from having to pay fees to Miami
Dade Cultural Affairs Department in order to administer the acquisition process, hence deducting from total funds available for the actual artwork. Furthermore, the City will direct
guidance of the selection of the art once City staff manages its own Art in Public Places program. The program shall consist of an Art in Public Places Advisory Committee (APPAC), in
order to provide professional advice and recommendations for any art that is to be acquired in accordance with the county’s Art in Public Places requirement. The Miami Gardens APPAC
shall consist of seven (7) members, comprised of local professionals in the field of art, architecture, interior design, art history, or architectural history. Current Situation The
City of Miami Gardens will soon embark on several capital projects for which compliance with the County’s ordinance (Section 2-11.15) related to Art in Public Places is a requirement.
Adoption of a Miami Gardens Art in Public Places Ordinance will allow Council and staff to have full control of the artwork selection process and associated funds. Proposed Action: It
is recommended that City Council authorize the City Manager to establish the City of Miami Gardens’ own Art in Public Places (AIPP) program, as outlined in the attached description.
Attachment: Attachment A – Miami-Dade County Ordinance, Section 2-11.15. Page 53 of 381
1 1 ORDINANCE NO. 2010____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, ESTABLISHING AN ART IN 5 PUBLIC PLACES FUND; ESTABLISHING PERMITTED USES 6 OF
FUNDS; PROVIDING FOR DEFINITIONS; PROVIDING 7 FOR EXCLUSIONS; ESTABLISHING A COMMITTEE; 8 ESTABLISHING GUIDELINES; PROVIDING FOR THE 9 ADOPTION OF REPRESENTATIONS; REPEALING ALL 10 ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY 11 CLAUSE; PROVIDING FOR INCLUSION IN CODE; 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, Miami-Dade County implemented the “Art in Public
Places” 15 (“AIPP”) requirements in 1973, to capture and enhance local artistic culture, and 16 WHEREAS, in accordance with Section 2-11.15, Miami-Dade County Code 17 of Ordinances,
each municipality within Miami-Dade County is required to provide 18 funds, for the acquisition of works of arts, equivalent to not less than one and one19 half (1 1/2) percent of the
construction cost of a new public building, and 20 WHEREAS, the City of Miami Gardens will soon embark on several capital 21 projects for which compliance with the County’s Art in Public
Places Ordinance is a 22 requirement, and 23 WHEREAS, the City desires to implement its own Art in Public Places 24 Program, which will allow Council and City staff to have full control
of the allocation 25 of funds and the artwork selection process, 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 28 Section
1. ADOPTION OF REPRESENTATIONS: The foregoing 29 Whereas paragraphs are hereby ratified and confirmed as being true, and the same 30 are hereby made a specific part of this Ordinance.
Page 54 of 381
2 Section 2. CREATION OF ORDINANCE: The City 1 Council of the City of 2 Miami Gardens hereby establishes an Art In Public Places Ordinance as follows: 3 A. Intent. 4 5 The purpose of
this Ordinance is to enhance the aesthetic environment of the 6 City of Miami Gardens by including works of art on public property within the City 7 on City construction projects. 8
9 B. Definitions. 10 The following words, terms and phrases, when used in this Ordinance, shall have 11 the meaning ascribed to them in this Section, except where the context clearly
12 indicates a different meaning: 13 14 1. City construction project means any construction contract to which the 15 City is a party for the new construction of any City-owned building,
16 facility, or other City-owned property, including but not limited to, parks, 17 pools, recreation trails and golf courses. 18 2. Construction cost is defined to include architectural
and engineering 19 fees, and site work. It does not include land acquisition or subsequent 20 changes to the construction contract. All construction costs shall be 21 calculated as of
the date the contract is executed. 22 23 3. Works of art is defined as the application of skill and taste to 24 production of tangible objects, according to aesthetic principles, 25
including, but not limited to, paintings, sculptures, engravings, 26 carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas27 reliefs, tapestries, photographs, lighting
designs and drawings. 28 29 C. Establishment of Art In Public Places Fund. 30 31 The City’s Art In Public Places Fund shall consist of the following: 32 33 1. Monies appropriated to
the fund by the City Council in accordance with 34 this Ordinance. 35 36 2. Monies donated to the fund by private individuals and organizations. 37 38 3. Monies received by the City
from award of federal or state grants for 39 the acquisition or maintenance of works of art on public property or at 40 public facilities in the City. 41 42 Page 55 of 381
3 D. Appropriations 1 By the City to the Fund. 2 3 1. All appropriations of City funding for City construction projects shall 4 include an appropriation of funds to the Art In Public
Places Fund. The 5 amount appropriated to the Art In Public Places Fund shall not be less 6 than 1 1/2 percent of the construction cost of any City construction 7 project, provided that
no funds may be appropriated for this purpose 8 from the ad valorem tax operations fund. The appropriation to the fund 9 shall be made at the time of the award of the construction contract
for 10 said City construction project. 11 12 2. For City construction projects that are developed by persons and 13 entities other than the City, but that are developed pursuant to a
14 development agreement entered into with the City, or which involve the 15 participation of the City as a ground lessor, the required appropriation 16 shall be made at the same time
as the appropriation of funding for the 17 construction project and be based upon the construction cost, 18 regardless of whether the construction cost is funded by the city or the 19
person or entity other than the City. 20 21 3. In considering the required appropriation for a particular City 22 construction project, the City Council may, by resolution: 23 24 a.
Waive the required appropriation, finding such waiver to be in 25 the best interest of the City; 26 b. Reduce the required appropriation amount; or 27 28 c. Find that the particular
City construction project is not an 29 appropriate site for works of art, and place all or a portion of the 30 required appropriation in the Art in Public Places Fund for use at 31 another
site. 32 33 4. The City Council shall also consider whether the funding source for a 34 particular City construction project is restricted by public bond covenants; 35 federal, state
or local laws; and/or legal parameters which would require 36 that the appropriation be utilized on the particular City construction project 37 site. 38 5. Prior to making a final determination
as to the required appropriation for a 39 City construction project, the City Council may consider the 40 recommendation of the Art in Public Places Advisory Committee. 41 42 Page 56
of 381
4 E. Permitted Uses of Art 1 In Public Places Funds. 2 3 Monies placed in the art in public places fund shall only be used for the following 4 purposes: 5 6 1. Acquisition of works of
art to be located on City construction projects or on 7 public property in the City or located in public buildings or in public 8 facilities within the City in accordance with this Ordinance.
9 10 2. Insurance, maintenance and preservation of works of art acquired by the 11 City pursuant to this Ordinance. 12 13 3. Expenses relating to the following: 14 15 a. Research and
evaluation by the City pertaining to proposed works 16 of art, including opinions when necessary from outside experts 17 and/or professional advisory committees; 18 19 b. Expenses related
to art contests sponsored by the City in 20 connection with acquisitions of works of art, including related 21 printing and distribution expenses; 22 23 c. Administrative expenses relating
to the operations of the Art in 24 Public Places Program, including but not limited to to supplies and 25 equipment for the keeping of minutes and printing and distribution 26 of board
agendas and correspondence; 27 28 d. Selected artist travel expenses, at the rates used Citywide and 29 approved in advance by the City Manager. 30 31 F. Exclusions. 32 33 The provisions
of this Ordinance shall not include the following types of City 34 construction projects: 35 36 1. Water and sewer related facilities, such as pump stations, water mains, 37 water lines,
sewer lines, treatment facilities, etc. 38 39 2. Storm drainage infrastructure. 40 41 3. Road construction or bridges. 42 43 4. Streetscape beautification projects, which include but
are not limited to, 44 one or all of the following elements: resurfacing, new curbs, gutters, Page 57 of 381
5 pavers, sidewalks, landscaping, lighting, 1 bus shelters, bus benches, 2 street furniture and signage. 3 4 5. City construction projects undertaken to reconstruct, or repair an 5 existing
public building or facility damaged or destroyed by a sudden 6 unexpected turn of events, such as an act of God, riot, fire, flood, 7 accident, or other urgent circumstance. 8 9 6. The
construction, remodeling, repair or improvement to a public 10 electric or gas utility system. 11 12 7. City construction projects undertaken to remodel, repair, or maintain of 13 an
existing public building or facility. 14 15 G. Program Administration. 16 17 The Art-in-Public-Places program shall be administered by the City Manager, or 18 his or her designee. 19
20 1. The City Manager shall act in the public interest upon all matters 21 relating to the program and shall support the program's goals and 22 objectives. The Department’s responsibilities
include the selection, 23 planning, public education and curating of all works of art acquired by 24 the program. 25 26 2. The City Manager shall have the following powers and duties:
27 28 a. To recommend to the City Council whether a particular 29 proposed City construction project
is an appropriate site for 30 works of art and whether all or part of the appropriation 31 required by this Ordinance should be utilized at the site, or 32 reduced or waived in its entirety,
or placed, whether in its 33 entirety or a portion thereof, in the Art in Public Places fund 34 for other acceptable uses. 35 36 b. To recommend to the City Council the selection of
existing 37 works of art or to determine whether to recommend the 38 selection of new works of art, and screen submissions 39 therefore, for the fulfillment of the requirements of this
40 Ordinance. 41 42 c. To conduct contests and competitions in order to select 43 works of art to be recommended for a particular site. 44 45 d. To recommend to the City Council the
maintenance and 46 insurance necessary to preserve and protect works of art. Page 58 of 3
816 1 2 e. To make a recommendation to the City Council regarding 3 proposed projects that include works of art and to participate 4 in the planning of such projects. 5 6 f. To recommend
legislation concerning public works of art in 7 the City. 8 9 g. To make recommendations to the City Council regarding the 10 placement of proposed donations of works of art for 11 placement
on public property in the City. 12 13 h. To perform all other duties and functions as requested by the 14 City Council. 15 16 H. Establishment of Art in Public Places Advisory Committee
(APPAC). 17 18 The APPAC shall be composed of seven (7) members appointed by the Mayor 19 and City Council. 20 21 1. The Mayor and Council members shall each appoint one (1) member 22
to serve on the APPAC. 23 24 2. Each member of the APPAC shall be a professional in the field of art, 25 architecture, art history, or architectural history. 26 27 3. Each APPAC member
shall serve a two-year term and may be 28 reappointed for a total of two (2) consecutive terms. 29 30 4. APPAC will screen submissions and will recommend to the City 31 Council for each
acquisition not more than three (3) possible 32 selections, which may be existing works of art or new commissions. 33 34 5. For each acquisition, the City Council shall direct the APPAC
to act as 35 a committee of the whole in determining selected works of art for 36 recommended acquisition. 37 38 I. Procedures for the Selection of Art. 39 40 1. The City Manager shall
extend a formal Call to Artists for each public 41 art project to be implemented in conjunction with an applicable City 42 construction project. The Call to Artist shall invite artists
to compete in 43 the form of an open entry or limited entry competition for the award of a 44 public art project. 45 46 2. The APPAC shall perform an initial evaluation and a secondary
47 evaluation of artists’ submission in response to a Call to Artists. The Page 59 of 381
7 initial evaluation shall rank each artist’s 1 submission and result in the 2 APPAC’s recommendations of no less than three artists, who shall 3 each be asked to submit an extended
proposal of the work of art to be 4 designed. The secondary evaluation shall rank each of the requested 5 proposals, which were selected as a result of the initial evaluation. 6 The
highest ranked submission as a result of the secondary evaluation 7 may be recommended to City Council for award. 8 9 3. The evaluations to be conducted by the APPAC in order to rank
each 10 Art in Public Places submission shall be performed in conjunction with 11 the following evaluation criteria: 12 EVALUATION CRITERIA POINTS AWARDED Artistic design 0 – 40 Artist’s
approach for the goal to be accomplished 0 – 20 Ability of artist to achieve the goal of this project 0 – 20 Experience, qualifications, and references of the artist 0 – 10 City of Miami
Gardens Local Preference 0 – 10 13 14 J. Guidelines for the Selection of Works of Art. 15 16 During the selection process, the following principles shall be observed: 17 18 1. Works
of art shall be located in areas where residents and visitors 19 congregate and shall be highly visible. 20 21 2. The inherently intrusive nature of public art on the lives of those
22 frequenting public places should be considered when selecting works of 23 art. Artworks reflecting enduring artistic concepts, not transitory ones, 24 should be sought. 25 26 3. Selected
works of art must reflect the cultural and ethnic diversity of the 27 City without deviation from a standard of excellence. 28 29 4. Final selection shall also take into account appropriateness
to the site, 30 permanence of the work in light of environmental conditions at the site, 31 maintenance requirements, quality of the work, diversity of artwork already 32 acquired by
the City, and the likelihood that the artist can successfully 33 complete the work with available funding. 34 35 36 Page 60 of 381
8 K. 1 Ownership and Upkeep. 2 3 Ownership of all works of art acquired by the City pursuant to this Ordinance is 4 vested in the City of Miami Gardens. The City is charged with the
custody, 5 supervision, maintenance and preservation of such works of art. In each 6 instance, the City shall acquire title to each work of art acquired. 7 8 L. Personnel. 9 10 The City
Manager shall provide adequate and competent clerical and 11 administrative personnel as may be reasonably required for the proper 12 performance of its duties, subject to budget limitations.
13 14 Section 3. CONFLICT: All ordinances or code provisions in conflict 15 herewith are hereby repealed. 16 Section 4. SEVERABILITY: If any section, subsection, sentence, 17 clause,
phrase or portion of this Ordinance is for any reason held invalid or 18 unconstitutional by any court of competent jurisdiction, such portion shall be 19 deemed a separate, distinct
and independent provision and such holding shall 20 not affect the validity of the remaining portions of this Ordinance. 21 Section 5. INCLUSION IN CODE: It is the intention of the City
22 Council of the City of Miami Gardens that the provisions of this Ordinance shall 23 become and be made a part of the Code of Ordinances of the City of Miami 24 Gardens and that the
section of this Ordinance may be renumbered or relettered 25 and the word “Ordinance” may be changed to “Chapter,” “Section,” “Ordinance” 26 or such other appropriate word or phrase,
the use of which shall accomplish the 27 intentions herein expressed; provided, however, that Section 1 hereof or the 28 provisions contemplated thereby shall not be codified. Page 61
of 381
9 Section 6. EFFECTIVE DATE: This Ordinance shall 1 become effective 2 immediately upon its final passage. 3 PASSED ON FIRST READING ON THE _____ DAY OF ____________, 4 2010. 5 PASSED
ON SECOND READING ON THE ____ DAY OF ___________, 6 2010. 7 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 8 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ______ DAY 9 OF _________________,
2010. 10 11 ________________________________ 12 SHIRLEY GIBSON, MAYOR 13 14 15 16 17 18 ATTEST: 19 20 21 _________________________________ 22 RONETTA TAYLOR, MMC, CITY CLERK 23 24 PREPARED
BY: SONJA K. DICKENS, CITY ATTORNEY 25 26 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 27 28 29 30 Moved by: __________________ 31 32 Second by: _________________ 33 34 35 36 VOTE: _________
37 Page 62 of 381
10 Mayor Shirley 1 Gibson (Yes) ___(No) 2 Vice Mayor Aaron Campbell (Yes) ___(No) 3 Councilwoman Lisa Davis (Yes) (No) 4 Councilman Oliver Gilbert, III (Yes) ___(No) 5 Councilwoman Sharon
Pritchett (Yes) ___(No) 6 Councilman André Williams (Yes) ___(No) 7 Councilwoman Felicia Robinson (Yes) ___(No) 8 Page 63 of 381
Sec. 2-11.15. Works of art in public places. 1. Art-in-public-places program. (a) Appropriation for construction to include amount for works of art. Miami-Dade County and each municipality
in Miami-Dade County shall provide for the acquisition of works of art equivalent in value to not less than one and one-half (1 1/2) percent of the construction cost of new governmental
buildings, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund. To the extent the total appropriation is not used for the acquisition
of works of art for said buildings, the remainder may be used for: (1) Program administrative costs, insurance costs or for the repair and maintenance of any works of art acquired under
this section; or (2) To supplement other appropriations for the acquisition of works of art under this section or to place works or art in, on, or near government facilities which have
already been constructed. (b) Waiver of requirements. The requirements of subsection (a) may be waived by resolution of the Board of County Commissioners of Miami-Dade County when and
if it appears to said Board that a construction project covered hereunder is not appropriate for application of the above requirements. (c) Definitions. For the purpose of this section,
the following terms are hereby defined: (1) Works of art is defined as the application of skill and taste to production of tangible objects, according to aesthetic principles, including,
but not limited to, paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, lighting designs and drawings.
(2) Construction cost is defined to include architectural and engineering fees, site work, and contingency allowances. It does not include land acquisition or subsequent changes to the
construction contract. All construction costs shall be calculated as of the date the contract is executed. 2. Art-in-Public-Places Trust. There shall be an Art-in-Public-Places Trust
to administer the program. (a) Purpose. The Trustees of the Art-in-Public-Places Trust shall act in the public interest upon all matters relating to the program and shall support the
program's goals and objectives. The Trustees' responsibilities include the selection, maintenance, planning, public education and curating of all works of art acquired by the program.
(1) Membership; qualifications. The Trust shall be composed of fifteen (15) Trustees appointed to staggered terms by the Board of County Commissioners, serving Page 64 of 381
without compensation. Each Board member shall be appointed to a term which shall end concurrently with the last day of the term of the County Commissioner who appointed the Board member,
as provided in Section 2-38.2 of this Code. If a vacancy occurs prior to the expiration of the Board member's term, the County Commissioner who appointed that member shall appoint a
new member to fill the balance of the term. Additionally, the Mayor shall appoint two (2) members of the Board of County Commissioners to sit as ex officio Trustees. Each Trustee must
be knowledgeable in public art, must be a resident of Miami-Dade County and may not operate, own or be employed by any art dealer, art gallery, artists' representative, museum or other
entity which derives income from the sale or display of art work. Membership is governed by Sections 2-11.38 and 2-11.39 of the Miami-Dade County Code. (2) Term of office. No trustee
shall serve more than eight (8) consecutive years on the Council; provided that this limitation shall shall not be applicable to Trustees with unexpired terms on November 1, 1993 who
were reappointed after that date. Nothing shall prohibit any individual from being reappointed to the Trust after a hiatus of two (2) years. (3) Duties. The Trustees shall prepare a
master art plan to ensure a coherent acquisition program and implementation guidelines, both of which shall be approved by the Board of County Commissioners. The Trustees shall approve
all program acquisitions in accordance with the master art plan and implementation guidelines and shall oversee the public education, and curatorial aspects of the program. The Trustees
shall recommend to the County Manager an Executive Director, a budget for staff and other expenditures necessary to operate the program and shall deliver an annual report to the Board
of County Commissioners. (b) Professional Advisory Committee. The Professional Advisory Committee shall be composed of eleven (11) members appointed by the Trust, and shall be compensated
for professional professional services in accordance with a schedule established by the Trust, although this shall not preclude donation of such services. (1) Membership, qualifications.
Each member of the professional advisory committee shall be a professional in the field of art, architecture, art history, or architectural history. Members' reasonable expenses shall
be reimbursed at a uniform rate to be established from time to time by the Trust. (2) Term of office. Each Professional Advisory Committee member shall serve a twoyear term and may be
reappointed for a total of three (3) consecutive terms. (3) Duties. The Professional Advisory Committee will screen submissions and will recommend to the Trust for each acquisition not
more than three (3) possible selections, which may be existing works of art or new commissions. Page 65 of 381
(4) Proceedings. For each acquisition the Trust shall direct the Professional Advisory Committee to act as a committee of the whole or in smaller subcommittees. (c) Selections of works
of art. All acquisitions will be in accordance with the master art plan. Trustees shall approve each acquisition from those elections recommended by the Professional Advisory Committee.
The County Manager will negotiate and execute appropriate contracts to acquire each approved work of art. Funds may be aggregated to acquire works of art. (1) Selection criteria. In
the selection process, the following principles shall be observed: a. Works of art shall be located in areas where residents and visitors live and congregate and shall be highly accessible
and visible. b. Areas used by tourists, including the airport, seaport, beaches, parks and thoroughfares, shall each have a separate master plan which shall be incorporated as a portion
of the master art plan. c. The Trustees should consider the inherently intrusive nature of public art on the lives of those frequenting public places. Artworks reflecting enduring artistic
concepts, not transitory ones, should be sought. d. The Trust's selections must reflect the cultural and ethnic diversity of this County without deviation from a standard of excellence.
e. Final selection shall also take into account appropriateness to the site, permanence of the work in light of environmental conditions at the site, maintenance requirements, quality
of the work, likelihood that the artist can successfully complete the work within the available funding, diversity of works already acquired by the Trust, diversity of the artists whose
work has been acquired by the Trust. (d) Master art plan and implementation guidelines. The Trustees shall adopt and publish a master art plan and written uniform guidelines to govern
the manner and method of the submission of proposed works of art to the Professional Advisory Committee, the process by which the Professional Advisory Committee shall make recommendations
recommendations to the Trustees and the process by which the Trustees shall approve acquisition. These shall be approved by the Board of County Commissioners. Purchases and Commissions
pursuant to such approved guidelines shall be reflected on the information section of the Commission agenda, but shall not require Commission approval. 3. Ownership and Upkeep. Ownership
of all works of art acquired by the County under this section is vested in Miami-Dade County. The Art-in-Public-Places Trust is charged with the custody, supervision, maintenance and
preservation of such works of art. In each instance, the County shall acquire title to each work of art acquired. Page 66 of 381
4. Personnel. The County Manager shall provide adequate and competent clerical and administrative personnel as may be reasonably required by the Trust for the proper performance of its
duties, subject to budget limitations. (Ord. No. 73-77, §§ 1--4, 9-18-73; Ord. No. 78-75, § 1, 11-7-78; Ord. No. 82-90, § 1, 9-21-82; Ord. No. 82-112, § 1, 12-21-82; Ord. No. 84-14,
§ 1, 2-7-84; Ord. No. 94-12, § 1, 1-18-94; Ord. No. 98-18, § 1, 2-3-98) Editor's note: Ord. No. 73-77, § 5, provided for inclusion of the ordinance as a part of this Code, but did not
specify the manner of inclusion; hence, codification of §§ 1--4 as § 2-11.15 was at the discretion of the editors. Cross references: Center for Fine Arts, § 2-301 et seq. Page 67 of
381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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:
Development Services Fund-Building and Code 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 Councilman
Andre Williams Department: Mayor and Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REQUIRING THE REGISTRATION OF ABANDONED PROPERTIES; PROVIDING
FOR A REGISTRATION FEE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The purpose of this program will be to compile a list of homes that are
vacant and/or abandoned throughout the City of Miami Gardens. The list will be generated as a part of the Code Compliance Division’s abandoned or vacant property enforcement process.
This information will be shared with the police department in the event of a call for service or problem that arises at the vacant or abandoned property location. This list will identify
what party has care/custody of the property and as a part of the code enforcement process and the property owners will be required to place signage on the home that alerts neighbors
on who to call to report suspicious activity. PROPOSED PROCESS: • Property owner contacts the city to register abandoned property, and pays a fee to be established by resolution. • A
decal will be provided by the City but placed on the property by the owner. ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Registration of Abandoned Properties Page 68 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • The cost of the decal will be passed on the owner (Estimated cost $10.00) • Code compliance will compile a list
of all of the abandoned properties which will identify which parties live and /own the properties. • If a Code Officer identifies an abandoned property that has not been registered with
the City, the officer may enforce this ordinance in accordance with the City’s code enforcement procedures. Administrative Cost Estimate: • Initial Decal Purchase: $ 1,500.00 • Education
Campaign: $ 3,500.00 Estimated Cost: $ 5,000.00 Proposed Action: That the City Council adopt the attached resolution creating the vacant/abandoned property watch list program. Attachment:
Exhibit A: Proposed Decal Layout Page 69 of 381
1 1 ORDINANCE NO. 2010 ____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA REQUIRING THE REGISTRATION 5 OF ABANDONED PROPERTIES; PROVIDING FOR A 6 REGISTRATION
FEE; PROVIDING FOR DEFINITIONS; 7 PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; 8 PROVIDING FOR ADOPTION OF REPRESENTATIONS; 9 REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
10 SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN 11 CODE; PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, due to the current economic climate and the number of abandoned 15 residential
properties within the City, there is an opportunity for squatters to break into 16 these properties and reside there unbeknownst to the owners of these properties, and 17 WHEREAS, this
problem is worsening due to the current foreclosure crisis, and 18 WHEREAS, former Councilwoman Barbara Watson is proposed that the City 19 Council adopt an ordinance requiring a registration
procedure for abandoned residential 20 properties within the City of Miami Gardens, and 21 WHEREAS, in accordance with the proposed Ordinance, the City, through its 22 Code Compliance
Division will identify abandoned properties, that have not been 23 registered and write violations for failure to comply, and 24 WHEREAS, violations will be processed through the City’s
Code Enforcement 25 and Property Maintenance Ordinance, and 26 WHEREAS, the Code Compliance Division will maintain a list of these properties, 27 which will identify which parties live
in and/or own these abandoned properties and the 28 same will be provided to the Police Department in the event of a “call for service,” 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY 30 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 70 of 381
2 Section 1. ADOPTION OF REPRESENTATIONS: 1 The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this
Resolution. 4 Section 2. ADOPTION OF ORDINANCE: The City Council of the City of 5 Miami Gardens hereby adopts an Ordinance requiring the registration of abandoned 6 properties as outlined
below. 7 Section 3. PURPOSE: The purpose of this Ordinance is to provide a 8 mechanism whereby the City and its residents are made aware of abandoned 9 properties within their respective
neighborhoods, so that they can be mindful of and 10 report suspicious behavior that can occur around these properties. 11 Section 4. DEFINITION: As used herein, the following terms
shall have the 12 following meanings: 13 a) Abandoned shall mean any condition that on its own, or combined with other 14 conditions, would lead a reasonable person to believe that the
property is 15 vacant and it is ultimately determined that the property is vacant. Such 16 conditions may include, but not be limited to, overgrown or dead vegetation; 17 potential for
collapsing, falling or burning; disconnected electricity, water, or 18 other utilities; stagnant swimming pool, or other evidence that the property is 19 vacant. 20 21 b) Code enforcement
officer or inspector means any authorized agent or 22 employee of the city whose duty it is to assure code compliance. 23 24 c) Mortgagee means the creditor, including but not limited
to, trustees; service 25 companies; lenders in a mortgage agreement; any agent, servant, or 26 employee of the creditor; any successor in interest; or any assignee of the 27 creditor's
rights, interests or obligations under the mortgage agreement. For 28 purposes of this article only, the term mortgagee does not apply to 29 governmental entities. 30 31 d) Owner means
every person, entity, or service company, who alone or 32 severally with others: 33 Page 71 of 381
3 (1) Has the legal or equitable title to any dwelling, 1 dwelling unit, mobile 2 dwelling unit, building, structure, or parcel of land, vacant or otherwise, 3 including a mobile home
park; or 4 5 (2) Has care, charge, or control of any dwelling, dwelling unit, mobile dwelling 6 unit, building, structure, or parcel of land, vacant or otherwise, including a 7 mobile
home park, in any capacity including, but not limited to, agent, 8 executor, executrix, administrator, trustee, or guardian of the estate of the 9 holder of legal title; or 10 11 (3)
Is a mortgagee in possession of any such property; or 12 13 (4) Is an agent, trustee, or other person appointed by the courts and vested 14 with possession or control of any such property;
or 15 16 (5) Is a person who operates a rooming house. 17 18 e) Property means any real property, or portion thereof, located in the city, 19 including buildings or structures situated
on the property. For the purposes of 20 this article only, property does not include commercial property or property 21 owned or subject to the control of the city or any other governmental
bodies. 22 23 Section 5. REQUIREMENTS: 24 All owners of abandoned properties as defined herein, shall be required to 25 register said property with the City. Said registration shall
include the following: 26 a) The registration shall state the property address; the owner's name, 27 mailing address, and telephone number; and email address. 28 29 b) All property registrations
are valid for one calendar year, and there shall 30 be no registration fee. 31 32 c) Once a property is no longer abandoned, the owner must provide proof of 33 sale or written notice
and proof of occupancy to the city. 34 35 d) Owners who have registered a property under this Ordinance must report 36 any change of information contained in the registration within
ten (10) 37 days of the change. 38 39 f) Upon registration, abandonded properties must be posted with a decal to be 40 provided by the City. 41 42 Section 6. Registration Fee. Page 72
of 38
14 The City Council shall establish the registration f 1 ee by separate resolution. 2 Section 7. Penalty; Enforcement. 3 4 This Ordinance shall be enforced in accordance with the City’s
Code Enforcement 5 Ordinance No. 2004-11-27, as amended, and Property Maintenance Ordinance 2005-13-6 51, as amended. Any person found in violation of this Ordinance shall be punished
by a 7 fine not to exceed five hundred dollars ($500.00) per violation, or by imprisonment not to 8 exceed sixty (60) days, or both. 9 Section 8. CONFLICT: All ordinances or Code provisions
in conflict herewith 10 are hereby repealed. 11 Section 9. SEVERABILITY: If any section, subsection, sentence, clause, 12 phrase or portion of this Ordinance is for any reason held invalid
or unconstitutional by 13 any court of competent jurisdiction, such portion shall be deemed a separate, distinct 14 and independent provision and such holding shall not affect the validity
of the remaining 15 portions of this Ordinance. 16 Section 10. INCLUSION IN CODE: It It is the intention of the City Council of 17 the City of Miami Gardens that the provisions of this
Ordinance shall become and be 18 made a part of the Code of Ordinances of the City of Miami Gardens and that the 19 section of this Ordinance may be renumbered or relettered and the
word “Ordinance” 20 may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or 21 phrase, the use of which shall accomplish the intentions herein expressed.
22 Section 11. EFFECTIVE DATE: This Ordinance shall become effective 23 immediately upon its final passage. 24 PASSED ON FIRST READING ON THE 28th DAY OF JULY, 2010. Page 73 of 381
5 PASSED ON SECOND READING ON 1 THE ____ DAY OF _______, 2010. 2 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 3 GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF
4 ____________, 2010. 5 6 ________________________________ 7 SHIRLEY GIBSON, MAYOR 8 9 10 11 ATTEST: 12 13 14 _________________________________ 15 RONETTA TAYLOR, MMC, CITY CLERK 16
17 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 18 19 20 SPONSORED BY: Councilman Andre Williams 21 22 Moved by: __________________ 23 Second by: _________________ 24 25 VOTE: _________
26 27 Mayor Shirley Gibson ____ (Yes) ____(No) 28 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 29 Councilwoman Felicia Robinson ____(Yes) ____(No) 30 Councilman Oliver Gilbert III ____
(Yes) ____(No) 31 Councilman Andre’ Williams ____(Yes) ____(No) 32 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 33 Councilwoman Lisa C. Davis ____ (Yes) ____(No) 34 35 Page 74 of
381
CITY OF MIAMI GARDENS RESIDENTIAL ZERO TOLERANCE ZONE NO TRESPASSING PERMITTED ON THIS PREMISES TRESPASSERS WILL BE ARRESTED BY THE MIAMI GARDENS POLICE DEPARTMENT TO REPORT A SUSPECTED
TRESPASSER CONTACT THE MIAMI GARDENS POLICE DEPARTMENT AT 305-474-MGPD (6473) Page 75 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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: Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Department: Mayor and Council Short Title: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE MIAMI GARDENS SCHOLARSHIP PAGEANT COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING
FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Since 2007, the City of Miami
Gardens has conducted the Miss Miami Gardens Scholarship Pageant. Recommending that the City Council adopt an Ordinance to create a Committee to provide advice as to the production and
coordination of the event, as well as assist with the preparation for the Miss Florida Pageant. Proposed Action: Recommending that the City Council adopt the attached Ordinance creating
a Miss Miami Gardens Scholarship Pageant Committee. Attachment: None ITEM I-3) ORDINANCE FIRST READING/PUBLIC HEARING Miami Gardens Scholarship Pageant Committee Page 76 of 381
1 1 ORDINANCE NO. 2010____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, CREATING THE MIAMI 5 GARDENS SCHOLARSHIP PAGEANT COMMITTEE; 6 PROVIDING FOR MEMBERSHIP;
PROVIDING FOR TERMS 7 OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING 8 FOR RESPONSIBILITIES; PROVIDING FOR THE ADOPTION 9 OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN 10 CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; 11 PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN 12 EFFECTIVE DATE. 13 14 WHEREAS, since 2007, the City of Miami Gardens has hosted the Miss 15 Miami
Gardens Scholarship Pageant (“Pageant”) in conjunction with the Miss 16 Florida Pageant Scholarship, Inc., and 17 WHEREAS, the City Council would like to host the Pageant on an annual
18 basis commencing in 2011, and would like to authorize the City Manager to take 19 all steps necessary to continue hosting the Pageant, and 20 WHEREAS, Councilman Melvin Bratton is
recommending that the City 21 utilize the services of a committee to assist with organizing the Pageant, 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 23 CITY OF MIAMI
GARDENS, FLORIDA, AS FOLLOWS: 24 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 25 Whereas paragraphs are hereby ratified and confirmed as being true, and the same 26 are hereby
made a specific part of this Ordinance. 27 Section 2. ESTABLISHMENT OF COMMITTEE: The City Council of the 28 City of Miami Gardens hereby establishes the Miami Gardens Scholarship Pageant
29 Committee. Page 77 of 381
2 a. Creation/Composition: The Committee 1 shall consist of seven (7) 2 members all of whom shall have experience with pageant organization, 3 performances, and/or talent coordination.
4 5 b. Appointment and Terms of Members. The Mayor and each member of 6 the City Council shall appoint one (1) member to the Committee. 7 8 c. Terms of Office. In order that the terms
of office of all members of the 9 Committee shall not expire at the same time, the initial appointment of 10 the Mayor and the Council members serving at large seats shall serve a 11
three (3) year term. The appointees of Council members serving in 12 seats 1, 2, 3, and 4 shall serve a two (2) year term. Thereafter, all 13 Committee Members shall serve for a period
of three (3) years, or until a 14 successor is appointed, whichever occurs first. 15 16 d. Duties of the Committee. The Committee shall serve in an advisory 17 capacity to the City Council,
for the coordination of the Miss Miami 18 Gardens Scholarship Pageant and the Miss Florida Pageant. 19 20 e. Organizational Meetings of Committee. The Committee shall determine 21 the
number of meetings, and the time and place for the meetings to be 22 held. All provisions of Ordinance No. 2005-02-40 (“Boards and 23 Committees Ordinance”) as amended, and which are
not in conflict 24 herewith, shall apply. 25 26 27 Section 3. CONFLICT: All ordinances or code provisions in conflict 28 herewith are hereby repealed. 29 Section 4. SEVERABILITY: If
any section, subsection, sentence, 30 clause, phrase or portion of this Ordinance is for any reason held invalid or 31 unconstitutional by any court of competent jurisdiction, such portion
shall be 32 deemed a separate, distinct and independent provision and such holding shall 33 not affect the validity of the remaining portions of this Ordinance. 34 Section 5. INCLUSION
IN CODE: It is the intention of the City Council 35 of the City of Miami Gardens that the provisions of this Ordinance shall become 36 and be made a part of the Code of Ordinances of
the City of Miami Gardens and Page 78 of 381
3 that the sections of this Ordinance may be renumbered 1 or relettered and the 2 word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other 3 appropriate word
or phrase, the use of which shall accomplish the intentions 4 herein expressed; provided, however, that Section 1 hereof or the provisions 5 contemplated thereby shall not be codified.
6 Section 6. EFFECTIVE DATE: This Ordinance shall become effective 7 immediately upon its final passage. 8 PASSED ON FIRST READING ON THE 28th DAY OF JULY, 2010. 9 PASSED ON SECOND READING
ON THE _____ DAY OF 10 ______________, 2010. 11 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 12 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ________ DAY 13 OF __________________,
2010. 14 15 ________________________________ 16 SHIRLEY GIBSON, MAYOR 17 18 19 20 21 22 ATTEST: 23 24 25 _________________________________ 26 RONETTA TAYLOR, MMC, CITY CLERK 27 28 29
PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 30 31 SPONSORED BY: 32 33 Moved by: __________________ Page 79 of 381
4 1 Second by: _________________ 2 3 4 5 VOTE: _________ 6 7 Mayor Shirley Gibson (Yes) ___(No) 8 Vice Mayor Aaron Campbell (Yes) ___(No) 9 Councilwoman Lisa Davis (Yes) (No) 10 Councilman
Oliver Gilbert, III (Yes) ___(No) 11 Councilwoman Sharon Pritchett (Yes) ___(No) 12 Councilman André Williams (Yes) ___(No) 13 Councilwoman Felicia Robinson (Yes) ___(No) 14 Page 80
of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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:
Law Enforcement Trust Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny Crew, City Manager
Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND TWENTY-EIGHT THOUSAND, EIGHT
HUNDRED SEVENTY-FIVE DOLLARS ($28,875.00) IN LAW ENFORCEMENT TRUST FUND MONEY FOR THE PURCHASE OF ADDITIONAL LICENSES FOR THE POLICE DEPARTMENT TELESTAFF STAFFING/PAYROLL INTEGRATION
PROGRAM, AND THE PURCHASE OF SUPPLIES TO UPDATE THE POLICE DEPARTMENT’S INVENTORY OF AUTOMATIC AUTOMATIC EXTERNAL DEFIBRILLATOR UNITS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. Staff Summary: Upon implementation of the Miami Gardens Police Department (MGPD) the City Council created by ordinance, the Law Enforcement Trust Fund (LETF).
This Fund is authorized by Florida State Statute as an account to process seized and forfeited funds received by the Police Department. The funds may be used for law enforcement purposes
to include “defraying the cost of protracted or complex investigations and providing additional equipment or expertise.” The Statute provides that the funds may be expended by authorization
of the governing body. The MGPD anticipates using $13,875.00 from the LETF toward the purchase of additional licenses for the new TeleStaff Staffing/Payroll integration program and $15,000.00
for the purchase of supplies to update the Department’s inventory of Automatic External Defibrillator (AED) Units assigned to patrol officers. These items are necessary for the efficient
operation of the Department and continued response in public safety situations. ITEM J-1) CONSENT AGENDA RESOLUTION Law Enforcement Trust Fund Page 81 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council approves the attached resolution authorizing the City manager to expend $28,875.00
in LETF funds for the law enforcement purposes described above. Attachment: Attachment A: Additional Telestaff License Quote Page 82 of 381
1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXPEND 5 TWENTY-EIGHT THOUSAND, EIGHT HUNDRED SEVENTY-FIVE
DOLLARS 6 ($28,875.00) IN LAW ENFORCEMENT TRUST FUND MONEY FOR THE 7 PURCHASE OF ADDITIONAL LICENSES FOR THE POLICE DEPARTMENT 8 TELESTAFF STAFFING/PAYROLL INTEGRATION PROGRAM AND THE
9 PURCHASE OF SUPPLIES TO UPDATE THE POLICE DEPARTMENT’S 10 INVENTORY OF AUTOMATIC EXTERNAL DEFIBRILLATOR UNITS; 11 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 12 AN EFFECTIVE
DATE 13 14 15 WHEREAS, the City of Miami Gardens has established a Law Enforcement Trust 16 Fund (LETF), and 17 WHEREAS, funds deposited into the LETF are those recouped from goods and
18 property seized by the Police Department, and 19 WHEREAS, in accordance with Florida Statutes, the City can use LETF funds for 20 the purpose of “defraying the costs of protracted
or complex investigations and 21 providing additional equipment or expertise”, and 22 WHEREAS, the Police Chief has requested through the City Manager, that the 23 City expend Thirteen
Thousand, Eight Hundred Seventy-Five Dollars ($13,875.00) from 24 the LETF towards the purchase of additional licenses for the new TeleStaff 25 Staffing/Payroll integration program,
and 26 WHEREAS, the Police Chief has also requested that the City expend Fifteen 27 Thousand Dollars ($15,000.00) for the purchase of supplies to update the Department’s 28 inventory
of automatic external defibrillator units assigned to patrol officers, 29 Page 83 of 381
NOW THEREFORE, BE IT RESOLVED BY THE 1 CITY COUNCIL OF THE CITY 2 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 3 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 4 paragraphs
are hereby ratified and confirmed as being true, and the same are hereby 5 made a specific part of this Resolution. 6 Section 2. AUTHORIZATION: The City Council of the City of Miami
Gardens 7 hereby authorizes the City Manager to expend the sum of twenty-eight thousand, eight 8 seventy-five hundred dollars ($28,875.00) in Law Enforcement Trust Fund money for 9 the
law enforcement purposes described herein. 10 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 11 upon its final passage. 12 PASSED AND ADOPTED BY THE CITY COUNCIL
OF THE CITY OF MIAMI GARDENS 13 AT ITS REGULAR MEETING HELD ON___________________. 14 15 16 _________________________________ 17 SHIRLEY GIBSON, MAYOR 18 ATTEST: 19 20 21 22 _________________________
________ 23 RONETTA TAYLOR, MMC, CITY CLERK 24 25 26 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 27 28 29 SPONSORED BY: 30 31 32 33 MOVED BY:_____________________ Page 84 of 381
1 2 3 4 VOTE: _____ 5 6 Mayor Shirley Gibson (Yes) ___(No) 7 Vice Mayor Aaron Campbell (Yes) ___(No) 8 Councilwoman Lisa Davis (Yes) (No) 9 Councilman Oliver Gilbert, III (Yes) ___(No)
10 Councilwoman Sharon Pritchett (Yes) ___(No) 11 Councilman André Williams (Yes) ___(No) 12 Councilwoman Felicia Robinson (Yes) ___(No) 13 14 15 Page 85 of 381
SOFTWARE LICENSE QUOTATION Customer: Miami Gardens Police Department TeleStaff Products TELESTAFF Software License for 55 POLICE Staff Members $ 6,875.00 AUCTIONS Module License for
175 POLICE Staff Members $ 7,000.00 TOTAL $ 13,875.00 • Payment Terms: 100% of the total software purchased is due upon execution of this Quotation. • This quote is valid until October
31st 2010. By signing this Quotation, the parties acknowledge that they have read and agreed to the terms herein. PRINCIPAL DECISION SYSTEMS INTERNATIONAL, INC. Name: Signature: Title
Date: Miami Gardens Police Department Name: Signature: Title Date: Page 86 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 2010 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Police Department
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 UNITED STATES DEPARTMENT OF JUSTICE FOR THE ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF ONE HUNDRED EIGHTY-TWO THOUSAND, FIVE
HUNDRED SIXTY-SEVEN DOLLARS ($182,567.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE Staff Summary: The Miami Gardens Police Department has applied for and been awarded grant funding from the United States Department of Justice FY 10 Byrne
Grant in the amount of $182,567. These funds will be used in furtherance of enhanced enforcement initiatives throughout the Police Department. As in previous years, Byrne Grant funding
will provide additional resources for the Investigations, Operations and Community Policing Divisions to carry out targeted enforcement operations citywide as well as to conduct the
Department’s annual “Grinch Buster” Holiday Enforcement activities. The funds from this grant award will significantly assist the Department in its endeavor to continually impact criminal
activity and be progressive in the deployment of our officers. ITEM J-2) CONSENT AGENDA RESOLUTION Edward Byrne Memorial Justice Assistance Grant Page 87 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute a
contract with the United States Department of Justice allowing the Miami Gardens Police Department to utilize the $182,567 allocated by this grant. Attachment: Attachment A: FY 10 Byrne
Grant Acceptance Package and Contract Page 88 of 381
1 1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 5 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, 6 RESPECTIVELY,
THAT CERTAIN AGREEMENT WITH THE 7 UNITED STATES DEPARTMENT OF JUSTICE FOR THE 8 ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUSTICE 9 ASSISTANCE GRANT IN THE AMOUNT OF ONE HUNDRED 10 EIGHTY-TWO
THOUSAND, FIVE HUNDRED SIXTY-SEVEN 11 DOLLARS ($182,567.00), A COPY OF WHICH IS ATTACHED 12 HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO 13 THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF 14 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the Miami Gardens Police Department has been awarded the 17 Edward Byrne Memorial Justice Assistance Grant
(“Grant”) through the United States 18 Department of Justice, and 19 WHEREAS, as in previous years, the funding will provide additional resources for 20 the Investigations, Operations
and Community Policing Divisions to carry out targeted 21 enforcement operations citywide, and 22 WHEREAS, the funding will also be used to conduct the Department’s annual 23 “Grinch
Buster” holiday enforcement activities, and 24 WHEREAS, the grant will significantly assist the Department in its endeavor to 25 continually impact criminal activity and be progressive
in the deployment of officers, 26 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 28 Section 1. ADOPTION OF REPRESENTATIONS: The
foregoing Whereas 29 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 30 made a specific part of this Resolution. Page 89 of 381
2 Section 2. AUTHORIZATION: The City Manager 1 and the City Clerk are 2 hereby authorized to execute and attest, respectively, that certain Agreement with the 3 United States Department
of Justice for the acceptance of the Edward Byrne Memorial 4 Justice Assistance Grant in the amount of One Hundred Eighty-Two Thousand, Five 5 Hundred Sixty-Seven Dollars ($182,567.00),
a copy of which is attached hereto as 6 Exhibit “A”. 7 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 8 authorized to obtain two (2) fully executed copies of the
subject Agreement, with one to 9 be maintained by the City; and one to be delivered to the United States Department of 10 Justice. 11 Section 4. EFFECTIVE DATE: This Resolution shall
take effect immediately 12 upon its final passage. 13 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 14 GARDENS AT ITS REGULAR MEETING HELD ON___________________. 15 16
17 _________________________________ 18 SHIRLEY GIBSON, MAYOR 19 ATTEST: 20 21 22 23 _________________________________ 24 RONETTA TAYLOR, MMC, CITY CLERK 25 26 27 PREPARED BY: SONJA
K. DICKENS, CITY ATTORNEY 28 29 30 SPONSORED BY: DANNY O. CREW, CITY MANAGER 31 Page 90 of 381
3 1 2 3 MOVED BY:_____________________ 4 5 6 7 VOTE: _____ 8 9 Mayor Shirley Gibson ____ (Yes) ____(No) 10 Vice Mayor Aaron Campbell ____, (Yes) ____ (No) 11 Councilwoman Lisa Davis
____ (Yes) ____ (No) 12 Councilman Oliver Gilbert III ____ (Yes) ____ (No) 13 Councilman Andre’ Williams ____(Yes) ____(No) 14 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 15 Councilwoman
Felicia Robinson ____ (Yes) ____ (No) 16 17 18 Page 91 of 381
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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: Public Works Advertising Requirement: Yes No X Contract/P.O.
Required: Yes No RFP/RFQ/Bid #: ITB#09-10-069 Replacement & Installation of Sidewalks – Annual Contract X Sponsor Name Dr. Danny Crew, City Manager Department: Public Works Department
Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO METRO EXPRESS, INC. AS PRIMARY CONTRACTOR AND CEB CONSTRUCTION, INC. AS SECONDARY
CONTRACTOR FOR REPLACEMENT AND INSTALLATION OF SIDEWALKS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Miami Gardens’ Public Works Department continues to install, repair and replace sidewalks throughout
the City on an as needed basis. The current contractor, to whom the City Council awarded this service to on June 24, 2009 was defaulted for non-preformance. Funding for this expenditure
to be provided next fiscal year under the anticipated People’s Transportation Plan Municipal Revenue Sharing from Miami Dade County. The City, acting as the lead agent for the Southeast
Florida Governmental Cooperative Group, prepared specifications for an annual contract with options to renew annually, subject to appropriations, for a maximum of two years. The solicitation
ITB#09-10-069 Replacement & Installation of Sidewalks – annual ITEM J-3) CONSENT AGENDA RESOLUTION Awarding a bid to CEB Construction Page 103 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 contract was posted on July 12, 2010. A broadcast notice was sent to 393 vendors. Thirty-one bid packages were requested.
Twelve bids were opened and publicity read on August 5, 2010. One bid received was non-responsive as required documents were not submitted. Bids were evaluated for compliance with the
specifications and their ability to perform the work. Reference checks were sent for the two apparent low bidders. The references were checked by staff and found favorable for the primary
and secondary contractor(s). Inasmuch as several Cities are participating in this contract, the specifications require award to a primary and secondary contractor to ensure sufficient
coverage. The first and second apparent low bidders, are primary – Metro Express, Inc. located in Medley,Florida and secondary – CEB Construction, Inc., located in Miami, Florida. Co-Op
Cities participating are: City of Deerfield Beach; City of Lauderdale Lakes; City of Sunrise; City of Coconut Creek; City of Oakland Park; City of Dania Beach and Town of Pembroke Park.
Proposed Action: That City Council approve the attached resolution awarding the annual contract for the Replacement & Installation of Sidewalks (ITB#09-10-069) with option to renew for
a maximum of two years to Metro Express, Inc. as primary contractor and CEB Construction, Inc as secondary contractor and authorizing the City Manager to issue purchases orders on as
needed basis not to exceed the allocated budget for the replacement and installation of sidewalks. Attachment: Exhibit A: Tabulation Sheet Page 104 of 381
1 1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AWARDING A BID TO METRO 5 EXPRESS AS PRIMARY CONTRACTOR, AND CEB 6 CONSTRUCTION
AS SECONDARY CONTRACTOR, WITH AN 7 OPTION TO RENEW FOR TWO YEARS, FOR THE 8 REPLACEMENT AND INSTALLATION OF SIDEWALKS; 9 AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE 10 ORDERS ON AN
AS-NEEDED BASIS, NOT TO EXCEED THE 11 ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE 12 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the Miami Gardens
Public Works Department continues to install, 16 repair and replace sidewalks throughout the City on an as-needed basis, and 17 WHEREAS, the City of Miami Gardens acting as Lead Agent
for the Southeast 18 Florida Governmental Cooperative Group prepared specifications for ITB#09-10-069 for 19 the replacement and installation of sidewalks, and 20 WHEREAS, the first
and second apparent lowest bidders were Metro Express, 21 Inc. located in Medley, Florida and CEB Construction, Inc. located in Miami, Florida, 22 respectively, and 23 WHEREAS, Metro
Express, Inc. will serve as the primary contractor and CEB 24 Construction, Inc. will serve as the secondary contractor on sidewalk construction 25 projects, 26 NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 105 of 381
2 Section 1. ADOPTION OF REPRESENTATIONS: 1 The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this
Resolution. 4 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens 5 hereby awards a bid to Metro Express, Inc., as primary contractor, and CEB 6 Construction, Inc.,
as secondary contractor, with an option to renew for a maximum of 7 two years, for the replacement and installation of sidewalks. The City Manager is 8 further authorized to issue purchase
orders on an as-needed basis, not to exceed the 9 allocated budgeted amount. 10 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 11 upon its final passage. 12
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 13 GARDENS AT ITS REGULAR MEETING HELD ON___________________. 14 15 16 _________________________________ 17 SHIRLEY GIBSON,
MAYOR 18 19 ATTEST: 20 21 22 23 _________________________________ 24 RONETTA TAYLOR, MMC, CITY CLERK 25 26 27 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 28 29 30 SPONSORED BY: DR.
DANNY O. CREW, CITY MANAGER 31 32 Page 106 of 381
3 1 2 MOVED BY:_____________________ 3 4 5 6 VOTE: _____ 7 8 Mayor Shirley Gibson (Yes) ___(No) 9 Vice Mayor Aaron Campbell (Yes) ___(No) 10 Councilwoman Lisa Davis (Yes) (No) 11 Councilman
Oliver Gilbert, III (Yes) ___(No) 12 Councilwoman Sharon Pritchett (Yes) ___(No) 13 Councilman André Williams (Yes) ___(No) 14 Councilwoman Felicia Robinson (Yes) ___(No) 15 16 17 Page
107 of 381
ITB#09-10-069 Sidewalk Replacements & Installation -Annual Contract August 5, 2010 @2:00 p.m. Tabulation Est. Horizon Contactor Quantity UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total
UOM TOTAL Total UOM TOTAL Total Bonds Projects $150,000 or $3,000.00 $6,500.00 $15,000.00 $6,000.00 Replace 4" Sidewalk Sq. Ft. 73,000 $2.90 $211,700.00 $3.00 $219,000.00 $3.55 $259,150.00
$4.00 $292,000.00 $4.45 $324,850.00 Replace 6" Sidewalk Sq. Ft. 16,500 $3.50 $57,750.00 $3.50 $57,750.00 $3.80 $62,700.00 $4.50 $74,250.00 $5.00 $82,500.00 New 4" Sidewalk Sq. Ft. 39,000
$2.80 $109,200.00 $3.00 $117,000.00 $3.75 $146,250.00 $4.00 $156,000.00 $4.45 $173,550.00 New 6" Sidewalk Sq. Ft. 5,000 $3.50 $17,500.00 $3.50 $17,500.00 $4.00 $20,000.00 $4.50 $22,500.00
$5.00 $25,000.00 Lime Rock C.Yd. 100 $12.00 $1,200.00 $30.00 $3,000.00 $18.00 $1,800.00 $45.00 $4,500.00 $15.00 $1,500.00 Curb Type D L Ft. 2 5 0 $12.00 $3,000.00 $14.00 $3,500.00 $14.00
$3,500.00 $17.00 $4,250.00 $14.00 $3,500.00 Curb Type F L Ft. 1,725 $15.00 $25,875.00 $$16.00 $27,600.00 $14.00 $24,150.00 $24.00 $41,400.00 $18.00 $31,050.00 Valley-gutter L Ft. 3,000
$10.00 $30,000.00 $16.00 $48,000.00 $16.00 $48,000.00 $20.45 $61,350.00 $17.00 $51,000.00 R.O.W. Survey (to establish t li ) L. Ft. 3,000 $10.00 $30,000.00 $3.50 $10,500.00 $0.33 $990.00
$1.24 $3,720.00 $0.30 $900.00 Tree Root & Bio tree 125 $100.00 $12,500.00 $80.00 $10,000.00 $35.00 $4,375.00 $350.00 $43,750.00 $45.00 $5,625.00 Tree Remove 0”+ to 18” tree 10 $50.00
$500.00 $100.00 $1,000.00 $100.00 $1,000.00 $300.00 $3,000.00 $35.00 $350.00 8" + to 18" tree 10 $100.00 $1,000.00 $200.00 $2,000.00 $250.00 $2,500.00 $650.00 $6,500.00 $40.00 $400.00
18" + to 30" tree 20 $300.00 $6,000.00 $300.00 $6,000.00 $700.00 $14,000.00 $1,200.00 $24,000.00 $50.00 $1,000.00 30" + tree 20 $400.00 $8,000.00 $400.00 $8,000.00 $1,200.00 $24,000.00
$1,600.00 $32,000.00 $60.00 $1,200.00 Live Oak Fla. #1 10’-12’ tree 15 $400.00 $6,000.00 $350.00 $5,250.00 $200.00 $3,000.00 $140.00 $2,100.00 $250.00 $3,750.00 Mahogany Fla. #1 10’-12’
12’ tree 10 $400.00 $4,000.00 $350.00 $3,500.00 $150.00 $1,500.00 $180.00 $1,800.00 $260.00 $2,600.00 Crape Fla. #1 10’-12’ tree 10 $400.00 $4,000.00 $350.00 $3,500.00 $150.00 $1,500.00
$180.00 $1,800.00 $400.00 $4,000.00 Curbs Cut Each 510 $10.00 $5,100.00 $40.00 $20,400.00 $3.00 $1,530.00 $2.00 $1,020.00 $1.00 $510.00 Relocate Fench L Ft. 1 0 0 $10.00 $1,000.00 $10.00
$1,000.00 $10.00 $1,000.00 $13.00 $1,300.00 $8.00 $800.00 Install new Fench L Ft. 100 $15.00 $1,500.00 $20.00 $2,000.00 $10.00 $1,000.00 $26.00 $2,600.00 $12.00 $1,200.00 Type III Concrete
Sq. Ft. 500 $2.00 $1,000.00 $14.00 $7,000.00 $5.00 $2,500.00 $3.00 $1,500.00 $1.00 $500.00 Detectable Warn Surf Sq. Ft. 200 $27.00 $5,400.00 $30.00 $6,000.00 $22.00 $4,400.00 $40.00
$8,000.00 $12.00 $2,400.00 Replace detectable Sq. Ft. 200 $27.00 $5,400.00 $30.00 $6,000.00 $22.00 $4,400.00 $35.00 $7,000.00 $12.00 $2,400.00 Relocate2" PVC lines L Ft. 3 0 0 $5.00
$1,500.00 $10.00 $3,000.00 $3.00 $900.00 $12.00 $3,600.00 $3.00 $900.00 Install 2" PVC lines L Ft. 300 $6.00 $1,800.00 $10.00 $3,000.00 $3.00 $900.00 $12.00 $3,600.00 $3.00 $900.00 Irrigation
Heads Each 40 $15.00 $600.00 $15.00 $600.00 $7.00 $280.00 $47.00 $1,880.00 $2.00 $80.00 Relocate Signs Each 20 $60.00 $1,200.00 $60.00 $1,200.00 $20.00 $400.00 $100.00 $2,000.00 $5.00
$100.00 Compaction Test Each 50 $50.00 $2,500.00 $100.00 $5,000.00 $100.00 $5,000.00 $115.00 $5,750.00 $50.00 $2,500.00 Maggolc Inc Miami, Fl Miami, FL Metro Express Medley, FL Items
Price per UOM CEB Construction F&L Construction Hialeah, FL Miami, FL Page 108 of 381
Cont. Metro Express Horizon Contactor Bid item UOM Qty. UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total Raise Utilities Each 50 $100.00 $5,000.00 $150.00
$7,500.00 $120.00 $6,000.00 $200.00 $10,000.00 $50.00 $2,500.00 Brick Pavers/Clean Sq. Ft. 500 $0.25 $125.00 $1.00 $500.00 $0.20 $100.00 $1.00 $500.00 $1.50 $750.00 Night & weekend pav
Sq. Ft. 500 $0.30 $150.00 $2.00 $1,000.00 $0.30 $150.00 $2.00 $1,000.00 $1.50 $750.00 Sidwalks/Clean Sq. Ft. 1,000 $0.25 $250.00 $1.00 $1,000.00 $0.20 $200.00 $1.00 $1,000.00 $1.50 $1,500.00
Night & weekend side Sq. Ft. 1,000 $0.30 $300.00 $2.00 $2,000.00 $0.30 $300.00 $2.00 $2,000.00 $1.50 $1,500.00 (New) Sod Sq. Ft. 1,000 $0.25 $250.00 $5.00 $5,000.00 $0.60 $600.00 $2.00
$2,000.00 $0.60 $600.00 Est. Grand Total $531,100.00 $578,050.00 $599,525.00 $753,470.00 $749,975.00 Line items E8, E19-25 and
Line items E41,42, 45 were not included in Est. Grand Total Construct Group non-responsive -proof of insurance not submitted This is only a tabulation of prices submitted and is not
an indication of award or responsiveness CEB Construction F&L Construction Maggolc Inc Page 109 of 381
ITB#09-10-069 Sidewalk Replacements & Installation -Annual Contract August 5, 2010 @2:00 p.m. Tabulation Est. Quantity UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total
UOM TOTAL Total Bonds Projects $150,000 or 0.025 $500.00 $15,000.00 Replace 4" Sidewalk Sq. Ft. 73,000 $4.15 $302,950.00 $4.15 $302,950.00 $4.90 $357,700.00 $5.00 $365,000.00 $5.00 $365,000.00
Replace 6" Sidewalk Sq. Ft. 16,500 $5.40 $89,100.00 $5.15 $84,975.00 $4.98 $82,170.00 $7.00 $115,500.00 $5.50 $90,750.00 New 4" Sidewalk Sq. Ft. 39,000 $4.35 $169,650.00 $3.85 $150,150.00
$3.20 $124,800.00 $4.00 $156,000.00 $3.00 $117,000.00 New 6" Sidewalk Sq. Ft. 5,000 $5.60 $28,000.00 $4.85 $24,250.00 $3.28 $16,400.00 $5.00 $25,000.00 $4.00 $20,000.00 Lime Rock C.Yd.
100 $28.00 $2,800.00 $20.00 $2,000.00 $24.00 $2,400.00 $75.00 $7,500.00 $10.00 $1,000.00 Curb Type D L Ft. 2 5 0 $16.00 $4,000.00 $22.00 $5,500.00 $13.00 $3,250.00 $20.00 $5,000.00 $20.00
$5,000.00 Curb Type F L Ft. 1,725 $21.00 $36,225.00 $23.75 $40,968.75 $15.00 $25,875.00 $20.00 $34,500.00 $22.00 $37,950.00 Valley-gutter L Ft. 3,000 $21.85 $65,550.00 $26.00 $78,000.00
$14.75 $44,250.00 $20.00 $60,000.00 $22.00 $66,000.00 R.O.W. Survey (to establish t li ) L. Ft. 3,000 $1.95 $5,850.00 $1.00 $3,000.00 $2.33 $6,990.00 $1.00 $3,000.00 $2.50 $7,500.00
Tree Root & Bio tree 125 $100.00 $12,500.00 $50.00 $6,250.00 $50.00 $6,250.00 $350.00 $43,750.00 $100.00 $12,500.00 Tree Remove 0”+ to 18” tree 10 $310.00 $3,100.00 $100.00 $1,000.00
$200.00 $2,000.00 $150.00 $1,500.00 $200.00 $2,000.00 8" + to 18" tree 10 $450.00 $4,500.00 $125.00 $1,250.00 $275.00 $2,750.00 $325.00 $3,250.00 $400.00 $4,000.00 18" + to 30" tree
20 $670.00 $13,400.00 $150.00 $3,000.00 $350.00 $7,000.00 $375.00 $7,500.00 $600.00 $12,000.00 30" + tree 20 $880.00 $17,600.00 $200.00 $4,000.00 $450.00 $9,000.00 $500.00 $10,000.00
$800.00 $16,000.00 Live Oak Fla. #1 10’-12’ tree 15 $260.00 $3,900.00 $195.00 $2,925.00 $450.00 $6,750.00 $300.00 $4,500.00 $175.00 $2,625.00 Mahogany Fla. #1 10’-12’ tree 10 $260.00
$2,600.00 2,600.00 $195.00 $1,950.00 $400.00 $4,000.00 $300.00 $3,000.00 $175.00 $1,750.00 Crape Fla. #1 10’-12’ tree 10 $280.00 $2,800.00 $195.00 $1,950.00 $400.00 $4,000.00 $300.00
$3,000.00 $175.00 $1,750.00 Curbs Cut Each 510 $75.00 $38,250.00 $0.75 $382.50 $150.00 $76,500.00 $100.00 $51,000.00 $15.00 $7,650.00 Relocate Fench L Ft. 1 0 0 $18.00 $1,800.00 $18.00
$1,800.00 $5.00 $500.00 $15.00 $1,500.00 $15.00 $1,500.00 Install new Fench L Ft. 100 $22.00 $2,200.00 $20.00 $2,000.00 $15.00 $1,500.00 $25.00 $2,500.00 $20.00 $2,000.00 Type III Concrete
Sq. Ft. 500 $2.75 $1,375.00 $3.50 $1,750.00 $1.33 $665.00 $3.00 $1,500.00 $4.00 $2,000.00 Detectable Warn Surf Sq. Ft. 200 $44.00 $8,800.00 $30.00 $6,000.00 $18.75 $3,750.00 $30.00 $6,000.00
$50.00 $10,000.00 Replace detectable Sq. Ft. 200 $42.00 $8,400.00 $32.00 $6,400.00 $16.00 $3,200.00 $55.00 $11,000.00 $50.00 $10,000.00 Relocate2" PVC lines L Ft. 3 0 0 $9.00 $2,700.00
$10.00 $3,000.00 $20.00 $6,000.00 $3.00 $900.00 $12.00 $3,600.00 Install 2" PVC lines L Ft. 300 $9.50 $2,850.00 $10.00 $3,000.00 $20.00 $6,000.00 $3.00 $900.00 $12.00 $3,600.00 Irrigation
Heads Each 40 $14.00 $560.00 $20.00 $800.00 $30.00 $1,200.00 $8.00 $320.00 $50.00 $2,000.00 Relocate Signs Each 20 $130.00 $2,600.00 $150.00 $3,000.00 $75.00 $1,500.00 $125.00 $2,500.00
$250.00 $5,000.00 Compaction Test Each 50 $295.00 $14,750.00 $50.00 $2,500.00 $150.00 $7,500.00 $40.00 $2,000.00 $100.00 $5,000.00 Items Price per UOM Darcon Group Straightline Eng Homestead
Concrete Construct Group Miami Lakes, FL Miami Gardens,FL Homestead, FL Medley, FL Hialeah Gardens,FL Williams Paving Page 110 of 381
Cont. Bid item UOM Qty. UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total Raise Utilities Each 50 $195.00 $9,750.00 $300.00 $15,000.00 $250.00 $12,500.00
$125.00 $6,250.00 $300.00 $15,000.00 Brick Pavers/Clean Sq. Ft. 500 $0.85 $425.00 $1.00 $500.00 $1.20 $600.00 $1.00 $500.00 $5.00 $2,500.00 Night & weekend pav Sq. Ft. 500 $0.95 $475.00
$1.00 $500.00 $1.50 $750.00 $1.00 $500.00 $5.00 $2,500.00 Sidwalks/Clean Sq. Ft. 1,000 $0.85 $850.00 $1.00 $1,000.00 $1.10 $1,100.00 $1.00 $1,000.00 $5.00 $5,000.00 Night & weekend side
Sq. Ft. 1,000 $0.95 $950.00 $1.00 $1,000.00 $1.50 $1,500.00 $1.00 $1,000.00 $5.00 $5,000.00 (New) Sod Sq. Ft. 1,000 $0.45 $450.00 $0.60 $600.00 $4.75 $4,750.00 $0.50 $500.00 $5.00 $5,000.00
Est. Grand Total $811,935.00 $745,176.25 $792,600.00 $903,120.00 $816,570.00 Line items E8, E19-25 and Line items E41,42, 45 were not included in Est. Grand Total Construct Group non-responsive
-proof of insurance not submitted This is only a tabulation of prices submitted and is not an indication of award or responsiveness Darcon Group Straightline Eng Homestead Concrete Williams
Paving Constructio Group Page 111 of 381
ITB#09-10-069 Sidewalk Replacements & Installation -Annual Contract August 5, 2010 @2:00 p.m. Tabulation Est. Quantity UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total UOM TOTAL Total
UOM TOTAL Total Bonds Projects $150,000 or .02/1.00 Replace 4" Sidewalk Sq. Ft. 73,000 $5.20 $379,600.00 $6.00 $438,000.00 Replace 6" Sidewalk Sq. Ft. 16,500 $5.90 $97,350.00 $7.00 $115,500.00
New 4" Sidewalk Sq. Ft. 39,000 $3.30 $128,700.00 $5.00 $195,000.00 New 6" Sidewalk Sq. Ft. 5,000 $4.75 $23,750.00 $5.60 $28,000.00 Lime Rock C.Yd. 100 $35.00 $3,500.00 $60.00 $6,000.00
Curb Type D L Ft. 2 5 0 $23.00 $5,750.00 $55.00 $13,750.00 Curb Type F L Ft. 1,725 $19.75 $34,068.75 $45.00 $77,625.00 Valley-gutter L Ft. 3,000 $21.70 $65,100.00 $45.00 $135,000.00
R.O.W. Survey (to establish L. Ft. 3,000 $1.20 $3,600.00 $3.00 $9,000.00 Tree Root & Bio tree 125 $112.10 $14,012.50 $200.00 $25,000.00 Tree Remove 0”+ to 18” tree 10 $147.50 $1,475.00
$50.00 $500.00 8" + to 18" tree 10 $590.00 $5,900.00 $70.00 $700.00 18" + to 30" tree 20 $1,121.00 $22,420.00 $120.00 $2,400.00 30" + tree 20 $2,006.00 $40,120.00 $200.00 $4,000.00 Live
Oak Fla. #1 10’-12’ tree 15 $737.50 $11,062.50 $350.00 $5,250.00 Mahogany Fla. #1 10’-12’ tree 10 $737.50 $7,375.00 $250.00 $2,500.00 Crape Fla. #1 10’-12’ tree 10 $737.50 $7,375.00
$255.00 $2,550.00 Curbs Cut Each 510 $49.00 $24,990.00 $200.00 $102,000.00 Relocate Fench L Ft. 1 0 0 $27.00 $2,700.00 $14.00 $1,400.00 Install new Fench L Ft. 100 $53.10 $5,310.00 $30.00
$3,000.00 Type III Concrete Sq. Ft. 500 $3.25 $1,625.00 $7.00 $3,500.00 Detectable Warn Surf Sq. Ft. 200 $20.00 $4,000.00 $50.00 $10,000.00 Replace detectable Sq. Ft. 200 $21.00 $4,200.00
$50.00 $10,000.00 Relocate2" PVC lines L Ft. 3 0 0 $5.90 $1,770.00 $4.50 $1,350.00 Install 2" PVC lines L Ft. 300 $9.50 $2,850.00 $4.20 $1,260.00 Irrigation Heads Each 40 $35.40 $1,416.00
$17.00 $680.00 Relocate Signs Each 20 $21.00 $420.00 $100.00 $2,000.00 Compaction Test Each 50 $148.00 $7,400.00 $100.00 $5,000.00 Cont. Lambert Bros. Bid item UOM Qty. UOM T o t a l
UOM T o t a l UOM T o t a l UOM T o t a l UOM T o t a l Raise Utilities Each 50 $207.00 $10,350.00 $250.00 $12,500.00 Pompano Bch, FL Hartzell Const. Items Price per UOM Lambert Bros.
Hartzell Const. Ft. Lauderdale, FL Page 112 of 381
Brick Pavers/Clean Sq. Ft. 500 $0.18 $90.00 $0.30 $150.00 Night & weekend pav Sq. Ft. 500 $2.50 $1,250.00 $0.75 $375.00 Sidwalks/Clean Sq. Ft. 1,000 $0.70 $700.00 $0.30 $300.00 Night
& weekend side Sq. Ft. 1,000 $1.15 $1,150.00 $0.75 $750.00 (New) Sod Sq. Ft. 1,000 $1.80 $1,800.00 $0.50 $500.00 Est. Grand Total $823,252.25 $1,196,015.00 $0.00 $0.00 $0.00 Line items
E8, E19-25 and Line items E41,42, 45 were not included in Est. Grand Total Construct Group non-responsive -proof of insurance not submitted This is only a tabulation of prices submitted
and is not an indication of award or responsivenessPage 113 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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: Safe Neighborhood Parks Grant; Building Better Communities
General Obligation Bond Funds; Capital Improvement Funds Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#09-10-071 CMG Phase II -Amphitheatre X Sponsor
Name Dr. Danny Crew, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO J.B. BUILDERS
& CONTRACTORS, INC. D/B/A BALLARENA CONSTRUCTION FOR THE BETTY T. FERGUSON RECREATIONAL COMPLEX AMPHITHEATRE IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED SEVENTY-SEVEN THOUSAND TWO HUNDRED
FORTY-TWO DOLLARS ($777,242.00) WHICH INCLUDES A 10% CONTINGENCY; AUTHORIZING THE CITY MANAGER NEGOTIATE AND EXECUTE A CONTRACT; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. ITEM J-4) CONSENT AGENDA RESOLUTION Awarding a Bid to Ballarena Construction Page 114 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff Summary: Background On July 15, 2009 Miami-Dade County announced the availability of approximately $6 million
in Safe Neighborhood Parks Bond (SNP) grant funds for land acquisition and capital improvements of public parks. The SNP grants require a dollar-for-dollar cash match. All funds must
be expended within one year after funds are allocated by the Miami-Dade Board of County Commission. On August 18, 2009, the SNP Oversight Committee selected the proposed Amphitheatre
Project, located on the site of the Betty T. Ferguson Recreational Complex, for recommendation to the Miami-Dade Board of County Commission. The proposed budget for the project is $1,000,000
of which SNP and the City would each provide equal amounts. On February 25, 2009, the City Council in accordance with Resolution No: 2009-14-959 authorized the City Manager to approve
a Nonexclusive Continuing Service Agreement with CPZ Architects, Inc. located in Plantation, Florida. On December 9, 2009 the City Council in accordance with Resolution No: 2009-230-1176
authorized the City Manager to negotiate and execute a contract with CPZ Architects, Inc. for Architectural and Engineering services for the Amphitheatre Project. The Amphitheatre scope,
budget and schedule were finalized and a purchase order was issued to CPZ Architects, Inc. in February 2010. CPZ completed the construction documents on schedule and the project was
advertised for bid on June 22, 2010. Current Situation The plans and specifications prepared by CPZ were broadcasted as ITB #09-10-071 on June 22, 2010. A broadcast notice was sent to
1376 vendors. A pre-bid meeting was held on July 1, 2010. The bids were opened on August 6, 2010. Eight bids were received and publicity read at that time. The Procurement Manager evaluated
the bids for compliance with the specifications and the construction firm’s ability to perform the work. The Finance Department reviewed Ballarena Construction financial report and found
the company financially stable. The references of the apparent low bidder were checked by staff and found favorable. The apparent low respondent is J.B. Builders & Contractors, Inc.
d/b/a Ballarena Construction, located in Coral Gables, Florida. A copy of the proposal document is available for review at the office of the Assistant to the Mayor and Council. The funding
will be provided by the Safe Neighborhood Parks (SNP) Bond Program and matched with the City’s Building Better Communities (GOB) General Obligation Bond Program funds. Proposed Action:
That City Council approve the attached resolution awarding the bid to J.B. Builders & Contractors, Inc. d/b/a Ballarena Construction, located in Coral Gables, Florida in the amount not
to exceed $777,242.00, which includes two of the bid alternates and a 10% contingency, and authorizing the City Manager to negotiate and execute a contract with same. Attachment: Page
115 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment A: Bid Tabulation Sheet Attachment B: Agreement Page 116 of 381
1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AWARDING A BID TO J.B. 5 BUILDERS & CONTRACTORS, INC. D/B/A BALLARENA 6 CONSTRUCTION
FOR THE BETTY T. FERGUSON 7 RECREATIONAL COMPLEX AMPHITHEATRE IN AN AMOUNT 8 NOT TO EXCEED SEVEN HUNDRED SEVENTY-SEVEN 9 THOUSAND TWO HUNDRED FORTY-TWO DOLLARS 10 ($777,242.00) WHICH
INCLUDES A 10% CONTINGENCY; 11 AUTHORIZING THE CITY MANAGER NEGOTIATE AND 12 EXECUTE A CONTRACT; PROVIDING FOR DIRECTIONS TO 13 THE CITY CLERK; PROVIDING FOR THE ADOPTION OF 14 REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, on July 15, 2009, Miami-Dade County announced the availability of 17 approximately $6 million dollars in Safe Neighborhood Parks Bond
(SNP) grant funds 18 for the acquisition and capital improvements of public parks, and 19 WHEREAS, the SNP Oversight Committee selected the proposed Amphitheatre 20 Project, located
on the site of the Betty T. Ferguson Recreational Complex, for an 21 award of funding in the amount of One Million Dollars ($500,000.00 from SNP money 22 and $500,000.00 from the City’s
match of funds), and 23 WHEREAS, CPZ Architects, Inc., the City’s contracted architect, prepared plans 24 and specifications for the Amphitheatre in accordance with ITB# 09-10-071, which
was 25 advertised on June 22, 2010, and 26 WHEREAS, eight (8) bids were received and publicly read, and 27 WHEREAS, City staff evaluated the bids for compliance with the specifications
28 and the firm’s ability to perform the work, and Page 117 of 381
WHEREAS, the apparent low bidder is J.B. Builders & 1 Contractors, Inc. d/b/a 2 Ballarena Construction, and the recommendation is being made that the City Council 3 award the contract
to that entity, 4 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 5 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 6 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
7 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 8 made a specific part of this Resolution. 9 Section 2. AUTHORIZATION: The City Council of the City
of Miami Gardens, 10 Florida, hereby awards a bid to J.B. Builders & Contractors, Inc. d/b/a Ballarena 11 Construction in an amount not to exceed Seven Hundred Seventy-Seven Thousand,
12 Two Hundred Forty-Two Dollars ($777,242.00), which includes bid alternatives and a 13 10% contingency, the City Council further authorizes the City Manager to negotiate and 14 execute
a contract for this purpose. 15 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 16 authorized to obtain two (2) fully executed copies of the subject agreement with
one to 17 be maintained by the City, and one to be delivered to J.B. Builders & Contractors, Inc. 18 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 19 upon
its final passage. 20 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 21 AT ITS REGULAR MEETING HELD ON___________________. 22 23 24 _________________________________
25 SHIRLEY GIBSON, MAYOR Page 118 of 381
1 ATTEST: 2 3 4 5 _________________________________ 6 RONETTA TAYLOR, MMC, CITY CLERK 7 8 9 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 10 11 12 SPONSORED BY: DR. DANNY CREW, CITY MANAGER
13 14 15 16 MOVED BY:_____________________ 17 18 19 20 VOTE: _____ 21 22 Mayor Shirley Gibson ____ (Yes) ____(No) 23 Vice Mayor Aaron Campbell ____, (Yes) ____ (No) 24 Councilwoman Lisa
Davis ____ (Yes) ____ (No) 25 Councilman Oliver Gilbert III ____ (Yes) ____ (No) 26 Councilman Andre’ Williams ____(Yes) ____(No) 27 Councilwoman Sharon Pritchett ____ (Yes) ____(No)
28 Councilwoman Felicia Robinson ____ (Yes) ____ (No) Page 119 of 381
ITB#09-10-071 MIAMI GARDENS COMMUNITY CENTER phase II AMPHITHEATRE AUGUST 6, 2010 @2:00 p.m. TABULATION SHEET Ballarena Zurqui Cons N&J Const Thunder * Vertical** ABC Const Trinte Link
Const. Contractors Remolition Managmnt Construct. ITEM UOM Coral Gables Miami Miami Miami Miami Miami Opa-Locka Miami Bond 10% LS yes yes yes yes yes yes yes yes Mobil/Demob LS $8,960.00
$8,768.00 $17,000.00 $16,893.00 $30,000.00 $41,000.00 $26,250.00 incl #3 Ins/Bond LS $16,800.00 $19,179.00 $10,600.00 $24,223.00 $26,000.00 $34,763.00 $20,979.00 $15,499.00 Gen Cond
LS $17,472.00 $63,475.00 $31,300.00 $49,993.00 $50,000.00 $24,345.00 $34,528.00 $139,571.00 Sub Total $43,232.00 $91,422.00 $58,900.00 $91,109.00 $106,000.00 $100,108.00 $81,757.00 $155,070.00
Site Wk/Demo LS $227,360.00 $239,795.00 $252,900.00 $296,479.00 $280,000.00 $285,532.00 $271,825.00 $308,347.00 Concrete LS $71,843.35 $106,267.00 $124,100.00 $106,056.00 $130,000.00
$89,680.00 $135,116.00 $69,700.00 Masonry LS $8,400.00 $10,456.00 $9,600.00 incl #3 incl #3 $$15,000.00 $13,574.00 $30,000.00 Metals LS $39,200.00 $43,354.00 $52,500.00 $37,700.00 $60,000.00
$76,560.00 $48,252.00 $51,880.00 Wood & Plastic LS $2,800.00 $9,800.00 $10,900.00 $1,017.00 $2,000.00 $2,200.00 $7,439.00 $6,335.00 Protection LS $39,200.00 $20,697.00 $22,300.00 $23,296.00
$20,000.00 $34,908.00 $25,289.00 $22,411.00 Doors & Wind LS $6,384.00 $6,064.00 $8,400.00 $6,026.00 $4,000.00 $6,050.00 $6,857.00 $8,066.00 Finishes LS $53,300.80 $34,600.00 $28,700.00
$44,418.00 $25,000.00 $39,590.00 $34,600.00 $31,485.00 Sound Equip LS $28,000.00 $25,438.00 $19,800.00 $18,737.00 $20,000.00 $24,645.00 $28,878.00 $24,645.00 Mechanical LS $29,904.00
$29,644.00 $24,000.00 $22,000.00 $20,000.00 $23,464.00 $21,121.00 $21,588.00 Electrical LS $145,600.00 $137,324.00 $143,600.00 $130,000.00 $131,340.00 $143,595.00 $152,290.00 $132,000.00
Sub Total LS $651,992.15 $663,439.00 $696,800.00 $685,729.00 $692,340.00 $741,224.00 $745,241.00 $706,457.00 TOTAL BASE $695,224.15 $754,861.00 $755,700.00 $776,838.00 $798,340.00 798,340.00
$841,332.00 $826,998.00 $861,527.00 Alternate Sidewalk LF $26.00 $50.00 $31.00 $36.00 $4.30 $44.00 $30.00 $31.65 Pipe Grid SF $120.00 $62.00 $10.00 $23.00 $20,000.00 $11.00 $25.00 $24.30
Photographs LS $2,000.00 $1,500.00 $400.00 $1,694.00 $1,500.00 $1,500.00 $3,337.00 $746.00 Sod SF $0.85 $0.35 $0.33 $0.22 $0.30 $0.32 $1.08 $0.29 This is only a tabulation of prices
submitted and is not an indication of award or responsiveness * Thunder Remolition Inc. -is non-responsive as required documents were not submitted: i.e. proof of insurance; questionnaire;
financials, drug free workplace etc. ** Vertical Management Bid Item A -Sidewalk provided square foot price -$4.30/sq.ft. Page 120 of 381
CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of this _______ day of ______________,20___, by and between J.B. Builders & Contractors, Inc. D/B/A Ballarena Construction,
hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY. WITNESSETH, that whereas, the
CITY has awarded to the CONTRACTOR the Work of performing certain construction: NOW, THEREFORE, the CITY and the CONTRACTOR, for consideration hereinafter named, agree as follows: ARTICLE
1 -CONTRACT DOCUMENTS 1.1 Enumeration of Contract Documents: The Contract Documents comprise the entire agreement between CITY and CONTRACTOR and consist of the following: (1) This Agreement
and General Conditions (2) Construction performance bond. (3) Construction payment bond. (4) Insurance certificate(s). (5) Notice of Award and Notice to Proceed. (6) Invitation to Bid
and the Specifications prepared by the CITY (7) CONTRACTOR's Response to the CITY's Invitation to Bid No. 09-10-071 dated August 6, 2010 The aforementioned documents are hereby incorporated
herein by reference, and made a part hereof. Any amendments executed by the CITY and the CONTRACTOR shall become part of this Agreement. Documents not included in this Article do not,
and shall not, form any part of this Agreement. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is
established: a. Specific direction from the City Manager (or designee). b. This Agreement dated __________________ and any attachments. c. Bid Document, including General Conditions;
Specifications and plans prepared by the City and Architect d. Contractor’s Bid Proposal 1.2 Conflict, Error or Discrepancy: Page 121 of 381
If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before
proceeding with the Work affected shall obtain a written interpretation or clarification from CITY. 1.3 Representation of CONTRACTOR: Execution of the Contract by the CONTRACTOR is a
representation that CONTRACTOR has visited the Work site and is familiar with the local conditions under which the Work is to be performed. ARTICLE 2. SCOPE OF WORK The CONTRACTOR hereby
agrees to furnish all of the materials, tools, equipment, labor, services, incidentals and everything necessary to perform; and shall perform, all of the Work, herein referred to as
Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRACTOR shall commence scheduling activities
and permit applications within five (5) calendar days after receipt of the Notice of Award. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR’S submission
to CITY of all required documents including, but not limited to: Performance and Payment Bonds, Insurance Certificates fully executed Contract. 3.1.1 The receipt of all necessary permits
by CONTRACTOR and acceptance of the full construction schedule in accordance with general terms and conditions section, submittal schedule and schedule of values is a condition precedent
to the issuance of the Notice to Proceed to mobilize on the Project site and commence with the Work. The CONTRACTOR shall submit all necessary documents required by this provision within
fifteen (15) calendar days of the issuance of Notice of Award. 3.2 The Work must begin within ten (10) calendar days from Notice to Proceed or the date fixed in the Notice to Proceed,
whichever is later, and shall be carried on at a rate to insure its substantially completed within one hundred sixty-eight(168) calendar days from the issuance of the Notice to Proceed,
completed and ready for final payment in accordance with Article 6 within two hundred twenty-four (224) days from the date certified by CITY as the date of Final Completion. 3.3 Upon
failure of CONTRACTOR to substantially complete the WORK, herein referred to as Substantial Completion, within the specified period of time, plus approved time extensions, if any, CONTRACTOR
shall pay to CITY the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial Completion.
After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 3.2 above, plus approved time extensions, if any, for completion
and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Five Hundred Dollars ($500.00) for each Page 122 of 381
calendar day after the time specified in Section 3.2 above, plus any approved extensions, if any, for completion and readiness for final payment. These amounts are not penalties, but
are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties,
recognizing the impossibility of precisely ascertaining the amount of damages which the CITY will suffer as a result of the CONTRACTOR’S failure to perform and that will be obviate a
formal resolution concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract as required hereunder. The above-stated liquidated
damages shall apply separately to each portion of the Project for which a time for completion is given. 3.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR
for the Work under this Contract. 3.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the Architect/Engineer in administering
the construction of the WORK beyond the completion date specified above, plus approved time extensions, if any. Architect/Engineer construction costs shall be pursuant to the contract
between CITY and Architect/Engineer, a copy of which is available upon request of the CONTRACTOR. All such costs shall be deducted from the monies due CONTRACTOR for performance of WORK
by means of unilateral credit change orders issued by CITY, as costs are incurred by Architect/Engineer and agreed to by CITY. ARTICLE 4. COMPENSATION CITY shall pay CONTRACTOR as full
compensation for the all material, services, labor and performance, including overhead and profit, associated with completion of all the Work in full conformity with the requirements
as stated or shown in the Contract Documents, the sum of Seven Hundred Six Thousand Five Hundred Eighty-Four Dollars Fifteen cents ($706,584.15) which includes alternate – photographs
($2,000.00) and sidewalk (360 LF) @$26.00/linear foot. ARTICLE 5. PROGRESS PAYMENTS CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than once
a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract Price as progress payments. The CONTRACTOR’S application shall show a complete breakdown
of the Project components as dictated by the CITY, including an updated Schedule of Values showing the quantities completed and the amount requested, together with such supporting evidence
as may be required by the CITY. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY as required by the General Conditions and
a release of liens relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to the CITY. The CITY shall make payment
to the CONTRACTOR within thirty (30) Page 123 of 381
business days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. Ten percent (10%) of all monies earned by
the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by the CITY in accordance with the terms and conditions stipulated in the Contract Documents. Upon
Final Completion and acceptance one half (1/2) of the retainage will be returned to CONTRACTOR in accordance with the terms and conditions stipulated in the Contract Documents. One half
(1/2) of the retainage fee shall be held and shall be redeemable upon satisfactory completion of the twelve (12) months or six (6) months warranty period. The City shall select length
of warranty period upon notice of award. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a) Defective
Work not remedied. b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c) Failure of CONTRACTOR to make payments properly
to Sub-Contractors or for material or labor. d) Damage to another CONTRACTOR not remedied. e) Liquidated damages, as well as costs incurred by the CITY for extended construction administration.
When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or a consent of Surety, satisfactory to the CITY which will protect the CITY in the amount withheld,
payment may be made in whole or in part. ARTICLE 6. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final inspection
and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The CONTRACTOR shall only receive payments If CITY finds the Work acceptable, the requisite documents
have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, the Architect/Engineer and CITY’S
Representative will submit a statement stating such to the CITY Manager. Before the Final
Payment, CONTRACTOR shall deliver to CITY a complete waiver of lien(s) or release of all lien(s), as applicable, arising out of this Contract, or receipts in full for all Work; and an
Page 124 of 381
Affidavit certifying that all suppliers and Sub-Contractors have been paid in full, and that all other indebtedness connected with the Work has been paid. The CITY may withhold, in whole
or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective Work not remedied. B. Claims filed or reasonable evidence indicating probable
filing of claims by other parties against CONTRACTOR. C. Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. D. Damage to another CONTRACTOR
not remedied. E. Liquidated damages and costs incurred by CITY for extended construction administration. When the above grounds are removed or resolved satisfactorily to the CITY, payment
may be made. Final payment constituting the entire unpaid balance of the Contract sum shall be paid by CITY to the CONTRACTOR within thirty (30) days after completion of all Work, Contract
fully performed and a final certificate for payment has been issued by the CITY’S representative. ARTICLE 7. MISCELLANEOUS 7.1 Conflict: Where there is a conflict between any provision
set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall control.
7.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision
of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents or sub-contractors of the CITY and CONTRACTOR shall be responsible
for any actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the parties a partnership or joint venture. 7.3 Qualifications: CONTRACTOR,
and the individual executing this Contract on behalf of the CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole proprietorship, etc.) in good standing,
and that the CONTRACTOR has all the required licenses and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described.
CONTRACTOR shall insure that all Sub-Contractors have all required licenses Page 125 of 381
and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. 7.4 Entire Contract – Modification: No statements,
representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Contract, shall have any legal validity between the parties or be
binding upon any of them. The parties acknowledge that this Contract contains the entire understanding of the parties. No modifications hereof shall be effective unless made in writing
and executed by the parties hereto with the same formalities as this Contract is executed. If any term in the CONTRACTOR’S proposal appears to be in direct or apparent conflict with
the Contract, then the terms of the Contract shall control. 7.5 Third Party Beneficiaries: Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this
Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract Therefore, the parties agree
that there are no third-party beneficiaries to this Contract and that no third-party shall be entitled to assert a claim against either of them based upon this Contract. 7.6 Notices:
All notices required in this Contract shall be sent by certified mail, return receipt requested and, if sent to the CITY shall be mailed to: City of Miami Gardens Attn: City Manager
1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 With a Copy to: City Attorney C/O City of Miami Gardens 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 And if sent to
the CONTRACTOR shall be mailed to: Name: J.B. Builders & Contractors Inc. D/B/A Ballarena Construction Fed. ID# 20-2753807 Address: 3727 SW 8th Street Telephone # 305-441-9118 Address:
Suite 105 Fax # 305-441-8111 City, State & Zip: Coral Gables, FL 33134 Contact Person: Jorge Ballarena Title: President 7.7 Assignment and Performance: Neither this Contract nor any
interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the Work required by this Contract except
as authorized in the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services
to CITY'S satisfaction for the agreed compensation. Page 126 of 381
CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR'S performance and all interim and final
product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 7.8 Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement,
duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY'S failure to
enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not
be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 7.9 Severance: In the event a portion of this Contract is found
by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective, unless CITY or CONTRACTOR elects to terminate this Contract. An election
to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.10 Applicable Law and Venue: This Contract shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive
venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have
to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract. 7.11
Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in
connection connection with any provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees, expenses and court costs, including
appellate fees incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 7.12 Amendments: No modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed
by the CITY and CONTRACTOR. 7.13 Prior Contracts: This document incorporates and includes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments, Contracts or understandings concerning the subject matter of this Contract that are not contained
in this document. Accordingly, the parties agree that no Page 127 of 381
deviation from the terms hereof shall be predicated upon any prior representations or Contracts, whether oral or written. It is further agreed that no modification, amendment or alteration
in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 7.14 Future Litigation: Contractor certifies that it
shall notify the City within five (5) days of the receipt of any claims, lawsuits, or actions filed against Contractor relating to any construction projects, work or tasks either performed
by Contractor or to be performed by Contractor. 7.15 Risk of Loss; Ownership: The risk of loss, injury or destruction of any personal property, including but not limited to the $706,584.00,
shall be on CONTRACTOR until acceptance of the Work by CITY. Title to the Work shall pass to CITY upon final acceptance of the Work by CITY. 7.16 Indemnification: Contractor shall indemnify
and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which
the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners, principals or subcontractors. Contractor shall pay all
claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided. One percent ( 1%) of the contract amount shall represent the consideration to be provided for this indemnification. Nothing contained herein shall
be deemed a waiver of sovereign immunity. [The remainder of this page is intentionally left blank.] Page 128 of 381
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: WITNESSES: CONTRACTOR: ________________________________ By:_________________________________ Print
Name:_______________________ Print Name: __________________________ Title:_______________________________ Seal: ATTEST: CITY OF MIAMI GARDENS ________________________________ ________________________
___ City Clerk City Manager APPROVED AS TO FORM: ________________________________ CITY Attorney Dated: Page 129 of 381
City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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: Energy Efficiency and Conservation Block Grant (EECBG) Advertising
Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X RFP #09-10-080 Sponsor Name Danny Crew, City Manager Department: Community Development
Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SHAW ENVIRONMENTAL & INFRASTRUCTURE INC., IN THE AMOUNT OF NINETY-FIVE THOUSAND
EIGHT HUNDRED AND NINETY-NINE DOLLARS ($95,899.00) FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG); AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A CONTRACT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The American Recovery and
Reinvestment Act of 2009, Public Law 111-5 signed by President Obama on February 17, 2009, appropriated $3.2 billion for the Energy Efficiency and Conservation Block Grant (EECBG) Program
through the Department of Energy (DOE). The Program represents a Presidential priority to deploy the cheapest, cleanest, and fastest energy sources. The Program provides federal grants
to units of local government, Indian tribes, states, and territories to reduce energy use and fossil fuel emissions, and for improvements in energy efficiency. Additionally, the program
will further economic growth through job creation and/or retention. ITEM J-5) CONSENT AGENDA RESOLUTION Awarding a bid to Shaw Environmental & Infrastructure Inc. Page 130 of 381
On March 22, 2010, the DOE approved the City’s EECBG Application and Activities. Miami Gardens has been awarded $989,200 in EECBG funds. As part of the application, the City proposed
to carry out the following four (4) activities: 1) Development of a Comprehensive Energy Management System – This activity will include the development of an energy management system
to track, calculate and manage energy consumption and green house gas (GHG) emissions for municipal operations, City capital improvement and community projects, and to identify the potential
for energy improvement in the future. 2) Review and Upgrade of Existing Codes and Ordinances and Development of Green Design Standards – This activity will include the review and evaluation
of City, County and State building and zoning codes and ordinances, land use policies, building and development permitting processes, and other existing or potential new relevant policies
and programs; the development of code and permitting process updates and policy and procedural recommendations, from the perspective of maximizing energy efficiency and minimizing GHG
emissions; and the development of specific design standards including rezoning, development standards, landscaping requirements, and plans for incentives. 3) Business Energy Efficiency
Retrofit Program (Energy Audits only) – This activity will include the performance of energy audit services for City of Miami Gardens businesses that have been approved for funding under
the City’s Business Energy Efficiency Retrofit Program. 4) Green Technology Workshops for Businesses – This activity will include the development and conduct training and informational
workshops on the upgraded codes, permitting processes, new green design standards, and incentive programs that the City may adopt (see #2 above), targeting design professionals and contractors
that do business in Miami Gardens, and businesses located within the city limits of Miami Gardens. Current Situation Staff prepared specifications to retain a firm to assist City staff
with the development and implementation of these four activities. RFP 09-10-080 was broadcast on July 15, 2010, with notices sent to 1,110 vendors. Fifty-five (55) proposal packages
were requested. The proposals were opened August 12, 2010. Two (2) proposals were received and publicly read for Energy Grant Consulting Services. A copy of the proposal documents and
submittals are available at the assistant to the Mayor and Council’s office for review. The selection/evaluation committee consisted of: Laurin Yoder, Community Development Specialist;
Ron McKenzie, IT Director; and Shellie Ransom, Building Official. Each committee member was provided the evaluation ranking sheet, proposals, copy of the solicitation and instructions
as to the ranking process. The ranking sheets were returned to procurement on August 18, 2010. At which time the scores, excluding cost, were combined and totaled. A committee meeting
was held on August 19, 2010 to tabulate and discuss the proposers cost estimates, reference questions, and to determine if oral presentations were needed. The committee decided that
the proposer, Shaw Environmental & Infrastructure, Inc. was very qualified, and agreed that their project approach and schedule, along with all of the other required criteria was more
than sufficient to determine award recommendation. Shaw Environmental & Infrastructure, Inc. successfully completed the development of an Energy Efficiency and Conservation Strategy
(EECS), which Council awarded in November, 2009. Page 131 of 381
The proposals received were: Consultant Carbon Solutions America, Deerfield Beach, FL Shaw Environmental & Infrastructure, Miami Lakes, FL Proposed Action: Staff recommends that the
City Council approve the attached resolution authorizing the City Manager to negotiate and execute a contract with Shaw Environmental & Infrastructure, located in Miami Lakes, Florida
for the development and implementation of the above four activities in an amount not to exceed $95,899.00. Attachment: • Exhibit A – Evaluation Ranking Sheet Page 132 of 381
1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AWARDING A BID TO SHAW 5 ENVIRONMENTAL & INFRASTRUCTURE INC., IN THE 6 AMOUNT OF NINETY-FIVE
THOUSAND EIGHT HUNDRED AND 7 NINETY-NINE DOLLARS ($95,899.00) FOR THE 8 DEVELOPMENT AND IMPLEMENTATION OF THE ENERGY 9 EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG); 10 AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND 11 EXECUTE A CONTRACT FOR THIS PURPOSE; PROVIDING 12 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the American
Recovery and Reinvestment Act of 2009, appropriated 16 $3.2 Billion Dollars for the Energy Efficiency and Conservation Block Grant (EECBG) 17 Program, through the Department of Energy,
and 18 WHEREAS, the purpose of the Program is to assist with finding the cleanest and 19 fastest energy sources, and 20 WHEREAS, the Program provides federal grants to units of local
government for 21 energy efficiency, and 22 WHEREAS, the City of Miami Gardens applied for funding through the EECBG 23 Program and has been awarded Nine Hundred and Eighty-Nine Thousand
Dollars 24 ($989,000.00) in funds, and 25 WHEREAS, the City Manager is recommending that the funds be used to 26 develop a Comprehensive Energy Management System, review and upgrade
existing 27 codes and ordinances relating to Green Design Standards, provide for a Business 28 Energy Efficiency Retrofit Program, and provide Green Technology Workshops for 29 Businesses,
and Page 133 of 381
WHEREAS, on July 15, 2010, RFP# 09-10-080 1 was broadcast for the purposes 2 of retaining a firm to assist the City with development and implementation of the 3 aforementioned activities,
and 4 WHEREAS, two (2) proposals were received and publicly read, and 5 WHEREAS, staff evaluated the proposals and has determined that Shaw 6 Environmental & Infrastructure Inc., is
the most qualified company to provide services to 7 the City, and 8 WHEREAS, City staff is recommending that the City Council award a bid and 9 authorize the City Manager to contract
with Shaw Environmental & Infrastructure Inc. for 10 this purpose, 11 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 13 Section
1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 14 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 15 made a specific part of this Resolution.
16 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens 17 hereby awards a bid to Shaw Environmental & Infrastructure Inc., in the amount of 18 Ninety-Five Thousand
Eight Hundred and Ninety-Nine Dollars ($95,899.00) for the 19 development and implementation of the Energy Efficiency and Conservation Block 20 Grant (EECBG). The City Council further
authorizes the City Manager to negotiate and 21 execute a contract for this purpose. 22 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 23 upon its final passage.
Page 134 of 381
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE 1 CITY OF MIAMI GARDENS 2 AT ITS REGULAR MEETING HELD ON___________________. 3 4 5 _________________________________ 6 SHIRLEY GIBSON, MAYOR
7 ATTEST: 8 9 10 11 _________________________________ 12 RONETTA TAYLOR, MMC, CITY CLERK 13 14 15 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 16 17 18 SPONSORED BY: 19 20 21 22 MOVED
BY:_____________________ 23 24 25 26 VOTE: _____ 27 28 Mayor Shirley Gibson (Yes) ___(No) 29 Vice Mayor Aaron Campbell (Yes) ___(No) 30 Councilwoman Lisa Davis (Yes) (No) 31 Councilman
Oliver Gilbert, III (Yes) ___(No) 32 Councilwoman Sharon Pritchett (Yes) ___(No) 33 Councilman André Williams (Yes) ___(No) 34 Councilwoman Felicia Robinson (Yes) ___(No) 35 36 37 Page
135 of 381
CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFP# 09-10-080 Energy Grant Consulting Services August 12, 2010 By signing this form as an Evaluator, I certify
that I have no conflict of interest Signed______________________________ Dated:_____________________ Company Firm Background & Experience (max 75 pts.) Project Approach & Schedule (max
75 pts.) Cost Estimate (max 60 pts) Completeness of Proposal ( max 45 pts) Firm(s) located in CMG (max. 30 pts.) Firm donate local schools (max. 15 pts) Total (max. 300 pts.) Carbon
Solutions America, Deerfield Beach, FL 60 55 35 30 0 0 180 Shaw Environmental & Infrastructure, Inc., Miami Lakes, FL 75 70 60 43 0 0 248 Comments: Carbon Solutions America, did not
receive any points for including a local firm due to the following: • In accordance with the Local Preference Ordinance – Proposer must indicate on proposal the amount of work and dollar
allocation to local business – this was not submitted • Local business has outstanding monies owed to the City Page 136 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 2010 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name André Williams, Council Member Department: Mayor
and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REQUESTING THAT THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, ESTABLISH A SPECIAL
TAXING DISTRICT ENCOMPASSING THE ENTIRE CITY OF MIAMI GARDENS FOR THE PURPOSE OF ALLOWING THE CITY TO COLLECT THE AMOUNT INCURRED BY THE CITY FOR CLEAN UP OF VACANT AND ABANDONED PROPERTIES
ON PROPERTY TAX BILLS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING INSTRUCTIONS INSTRUCTIONS TO THE CITY MANAGER AND THE CITY ATTORNEY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. Staff Summary: Due to the high rate of foreclosures, properties within the City are becoming vacant and abandoned. This can create a decline in property
values within the City of Miami Gardens and produce unattractive nuisances that could lead to a general decrease in neighborhood and community aesthetics. The condition of some vacant
and abandoned properties can also pose a serious threat to public health and safety and can discourage buyers from purchasing properties within the City. ITEM K-1) RESOLUTION Special
Taxing District Page 137 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 It is the responsibility of the owners of these vacant and abandoned properties to insure that their properties
are kept up to standards. Unfortunately, the City has incurred the additional expense of mowing, cleaning, and in some cases, boarding up these properties out of its general fund. In
Fiscal Year 2009-2010, the City incurred approximately $140,000 in abating nuisances on these properties. Councilman André Williams is proposing that the City request that Miami-Dade
County establish a Citywide special taxing district, whereby the City will be able to recuperate monies that it pays in maintaining and cleaning these abandoned and vacant properties,
from the property owners. The creation of a special taxing district will enable the City to collect the monies due, without assessing all the other properties within the City. In the
event the City is required to take any steps to abate a nuisance on a property where the property owner has has failed to do so, the amount incurred by the City will be placed on the
property owner’s tax bill. The money will be collected at the time the property owner pays the tax bill. In the event the property is foreclosed, the money would be collected at the
time of foreclosure. In the event a tax certificate is issued, then the money would be collected upon issuance of the tax certificate. Proposed Action: Councilman Williams recommends
that the City Council approve the Resolution. Attachment: None Page 138 of 381
1 1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, REQUESTING THAT THE MIAMI-DADE COUNTY 5 BOARD OF COUNTY COMMISSIONERS, ESTABLISH
A SPECIAL 6 TAXING DISTRICT ENCOMPASSING THE ENTIRE CITY OF MIAMI 7 GARDENS FOR THE PURPOSE OF ALLOWING THE CITY TO 8 COLLECT THE AMOUNT INCURRED BY THE CITY FOR CLEAN UP OF 9 VACANT
AND ABANDONED PROPERTIES ON PROPERTY TAX BILLS; 10 PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING 11 INSTRUCTIONS TO THE CITY MANAGER AND THE CITY ATTORNEY; 12 PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, due to the high rate of foreclosures, properties within the City are 16 becoming vacant and abandoned,
and 17 WHEREAS, vacant and abandoned properties can lead to a decline in property 18 values, create unattractive nuisances, and can lead to a general decrease in 19 neighborhood and
community aesthetics, and 20 WHEREAS, the condition of some vacant and abandoned properties can pose a 21 serious threat to public health and safety and can discourage buyers from purchasing
22 properties within the City, and 23 WHEREAS, the owners of these vacant and abandoned properties include not 24 only those that do not reside within the City, but also out-of-state
lenders and trustees, 25 who fail to maintain these properties, and 26 WHEREAS, as a result, the City has incurred expenses in abating the nuisances 27 created by these vacant and abandoned
properties, and 28 WHEREAS, it is the responsibility of the owners of these vacant and abandoned 29 properties to insure that their properties are kept up to standards, and Page 139
of 381
2 WHEREAS, the City has incurred the additional 1 expense of mowing, cleaning, 2 and in some cases, boarding up these properties out of its general fund, and in Fiscal 3 Year 2009-2010,
the City incurred approximately $140,000 in abating the nuisances on 4 these properties, and 5 WHEREAS, the City has a vested interest in protecting against the blighted 6 conditions
used by vacant and abandoned properties, while at the same time, insuring 7 that collected tax dollars do not benefit private properties, and 8 WHEREAS, Councilman André Williams is
proposing that the City request that 9 Miami-Dade County establish a City-wide special taxing district, whereby the City will 10 be able to recuperate the monies that it has paid in
maintaining and cleaning the 11 abandoned and vacant properties from the owners of these properties, and 12 WHEREAS, the creation of a special taxing district will enable the City to
collect 13 the monies due without assessing all the other properties within the City, and 14 WHEREAS, in the event the City is required to take any steps to abate a 15 nuisance on a
property where the property owner has failed to do so, the amount 16 incurred by the City will be placed on the property owner’s tax bill, and same will be paid 17 either at the time
the property owner pays the tax bill, or in the event the property is 18 foreclosed upon, at the time of foreclosure, or in the event a tax certificate is issued, 19 upon issuance of
the tax certificate, 20 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 140 of 381
3 Section 1. ADOPTION OF REPRESENTATIONS: 1 The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this
Resolution. 4 Section 2. DIRECTIONS: The City Council of the City of Miami Gardens 5 hereby requests that the Miami-Dade County Board of County Commissioners create a 6 special taxing
district encompassing
the entire the City of Miami Gardens for the 7 purpose stated herein. 8 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 9 directed to send a certified copy of this
Resolution to the Miami-Dade County Board of 10 County Commissioners. 11 Section 4. 12 EFFECTIVE DATE: This Resolution shall take effect immediately upon its final 13 passage. 14 PASSED
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 15 AT ITS REGULAR MEETING HELD ON _________________, 2010. 16 17 18 _________________________________ 19 SHIRLEY GIBSON,
MAYOR 20 21 ATTEST: 22 23 24 25 _________________________________ 26 RONETTA TAYLOR, MMC, CITY CLERK 27 28 29 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 30 31 Page 141 of 381
4 SPONSORED BY: ANDRÉ 1 WILLIAMS, COUNCIL MEMBER 2 3 4 5 MOVED BY:_____________________ 6 7 8 9 VOTE: _____ 10 11 12 Mayor Shirley Gibson (Yes) ___(No) 13 Vice Mayor Aaron Campbell (Yes)
___(No) 14 Councilwoman Lisa Davis (Yes) (No) 15 Councilman Oliver Gilbert, III (Yes) ___(No) 16 Councilwoman Sharon Pritchett (Yes) ___(No) 17 Councilman André Williams (Yes) ___(No)
18 Councilwoman Felicia Robinson (Yes) ___(No) 19 20 21 Page 142 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 2010 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Councilman Andre’ Williams Department:
The Mayor and City Council Office of the Mayor and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE CITY MANAGER TO ADOPT A HIRING
POLICY TO REMOVE UNFAIR BARRIERS TO EMPLOYMENT FOR PEOPLE WITH CRIMINAL HISTORIES, WHO APPLY FOR GENERAL EMPLOYMENT WITH THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. Summary: Councilman Andre’ Williams is recommending that the City Council urge the City Manager to enact a policy to remove unfair barriers to employment for people
with criminal histories. Numerous cities across the country have enacted policies that remove barriers from those persons with criminal histories from being hired. In an effort to allow
persons who have criminal records to re-enter the workforce, Councilman Williams is requesting that the City Council urge the City Manager to create a policy whereby criminal background
checks of those persons seeking employment by the City are delayed until the later stages of the hiring process. In accordance with Section 7.3 of the City’s Charter, the City Manager
has the sole authority to enact policies relating to the hiring, firing, and promoting of City employees; except employees of the City Attorney and City Clerk. As such, Councilman Williams
is asking that the City ITEM K-2) RESOLUTION Remove Unfair Barriers Page 143 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Council urge the City Manager to enact such a policy to apply to those persons apply for general employment with
the City. The policy would not apply to professional or managerial positions. Proposed Action: Councilman Andre’ Williams recommends that the City Council adopt the attached resolution.
Attachment: Attachment “A”-periodical Page 144 of 381
1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, URGING THE CITY MANAGER TO 5 ADOPT A HIRING POLICY TO REMOVE UNFAIR BARRIERS TO 6
EMPLOYMENT FOR PERSONS WITH CRIMINAL HISTORIES 7 APPLYING FOR GENERAL EMPLOYMENT WITH THE CITY; 8 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 9 PROVIDING AN EFFECTIVE DATE. 10 11
WHEREAS, there are a growing number of persons with criminal histories who 12 are unable to find positions within their communities due to their histories, and 13 WHEREAS, oftentimes
these criminal activities were either minor in nature, or so 14 remote in time, such that they should not prevent these persons from becoming 15 gainfully employed, and 16 WHEREAS, a
number of cities across the United States have enacted policies to 17 remove unfair barriers to employment for persons with criminal histories, and 18 WHEREAS, in accordance with these
policies, many of these municipalities defer 19 background checks until the later stages of the hiring process, some have even 20 removed questions relating to criminal history from
the initial employment application, 21 and 22 WHEREAS, in accordance with section 7.3 of the City of Miami Gardens Charter, 23 “all new employment, appointments, and promotions of city
employees shall be made 24 pursuant to personnel procedures established by the City Manager from time to time”, 25 and 26 WHEREAS, Councilman Andre’ Williams is recommending that the
City Council 27 enact this resolution urging the City Manager to enact a policy to move unfair barriers to Page 145 of 381
employment of people who apply for general employment 1 with the city, who have 2 criminal histories, in accordance with a policy to be establish by the City Manager, and 3 WHEREAS,
the policy will not apply to persons who are applying for managerial 4 or professional positions, 5 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 6 OF MIAMI GARDENS,
FLORIDA, AS FOLLOWS: 7 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 8 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 9 made a specific
part of this Resolution. 10 Section 2. CITY COUNCIL EXPRESSION: The City Council of the City of 11 Miami Gardens hereby urges the City Manager to enact an employment policy to 12 remove
unfair barriers to employment for people with criminal histories, who apply for 13 general employment with the City, in accordance with a policy to be established by the 14 City Manager.
15 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 16 upon its final passage. 17 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 18 AT ITS
REGULAR MEETING HELD ON___________________. 19 20 21 _________________________________ 22 SHIRLEY GIBSON, MAYOR 23 ATTEST: 24 25 26 27 _________________________________ 28 RONETTA TAYLOR,
MMC, CITY CLERK Page 146 of 381
1 2 3 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 4 5 6 SPONSORED BY: COUNCILMAN ANDRE’ WILLIAMS 7 8 9 10 MOVED BY: _____________________ 11 12 13 14 VOTE: _____ 15 16 Mayor Shirley
Gibson (Yes) ___(No) 17 Vice Mayor Aaron Campbell (Yes) ___(No) 18 Councilwoman Lisa Davis (Yes) (No) 19 Councilman Oliver Gilbert, III (Yes) ___(No) 20 Councilwoman Sharon Pritchett
(Yes) ___(No) 21 Councilman André Williams (Yes) ___(No) 22 Councilwoman Felicia Robinson (Yes) ___(No) 23 24 25 Page 147 of 381
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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:
CIP Budget -Bond Proceeds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name City Manager Department: City
Manager’s Office Short Title: A RESOLUTION OF THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH STEPS AS
SHALL BE NECESSARY AND APPROPRIATE TO INSTITUTE EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES, REGARDING THE CONDEMNATION OF THAT CERTAIN PROPERTY DESCRIBED
AS THE EAST 3/5 OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ IN SECTION 2, TOWNSHIP 52 SOUTH, RANGE 41 EAST, LESS THE SOUTH 50 FEET, LYING AND BEING IN MIAMI-DADE
COUNTY, FLORIDA, HAVING A CIVIL STREET ADDRESS OF 1401 NW. 183RD ST., MIAMI GARDENS, FLORIDA, ("SUBJECT PROPERTY") IT BEING DETERMINED, AFTER IN INQUIRY AND INVESTIGATION, THAT THE ACQUISITION
OF FEE SIMPLE TITLE TO THE SUBJECT PROPERTY SHALL SERVE THE PUBLIC PURPOSE OF FACILITATING THE IMPROVEMENT OF ROLLING OAKS PARK AND THE RECREATIONAL OPPORTUNITIES OF THE CITY'S RESIDENTS
AND GUESTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR DETERMINATIONS OF PUBLIC PURPOSE AND NECESSITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO
THE CITY CLERK; ITEM K-3) RESOLUTION Eminent Domain Proceedings Page 165 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff Summary: The City Council previously authorized the City Manager, City Attorney to negotiate with the property
owner of the property described in the attached Resolution, and if said negotiations were unsuccessful, to take all steps to condemn through eminent domain. Jim Brady of Arnstein & Lehr,
LLP was retained and the negotiations with the property owner ensued but were unsuccessful. As a result, a Petition for Condemnation was filed, and an Order of Taking hearing commenced.
After testimony given at the hearing and based upon inquiries made by the Court for the City’s actual need for the property and matters such as Levels of Service, etc., it is being recommended
by outside counsel that the City Council adopt another Resolution that makes certain specific legislative findings with respect to the need for the property, the Parks Master Planning
process, levels of service and additional information. As such, the attached Resolution is before the City Council for consideration. Proposed Action: That the City Council adopt the
attached Resolution Attachment: Exhibits to Resolution. Page 166 of 381
RESOLUTION No. 2010-A RESOLUTION OF THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH STEPS AS SHALL BE
NECESSARY AND APPROPRIATE TO INSTITUTE EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES, REGARDING THE CONDEMNATION OF THAT CERTAIN PROPERTY DESCRIBED AS THE
EAST 3/5 OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ IN SECTION 2, TOWNSHIP 52 SOUTH, RANGE 41 EAST, LESS THE SOUTH 50 FEET, LYING AND BEING IN MIAMI-DADE
COUNTY, FLORIDA, HAVING A CIVIL STREET ADDRESS OF 1401 NW. 183RD ST., MIAMI GARDENS, FLORIDA, ("SUBJECT PROPERTY") IT BEING DETERMINED, AFTER IN INQUIRY AND INVESTIGATION, THAT THE ACQUISITION
OF FEE SIMPLE TITLE TO THE SUBJECT PROPERTY SHALL SERVE THE PUBLIC PURPOSE OF FACILITATING THE IMPROVEMENT OF ROLLING OAKS PARK AND THE RECREATIONAL OPPORTUNITIES OF THE CITY'S RESIDENTS
AND GUESTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR DETERMINATIONS OF PUBLIC PURPOSE AND NECESSITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO
THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Miami Gardens 1 is charged with broad 2 powers to ensure the health, safety and welfare of the residents
of the City, including 3 responsibility to provide services for current residents and to plan for future generations 4 of residents, and 5 WHEREAS, the provision of parks and recreation
services and activities is critical 6 to the current and future health and welfare of its residents, and 7 WHEREAS, in December 2006, after extensive staff research and public input,
8 the City Council adopted a Comprehensive Development Master Plan (“Master Plan”) Page 167 of 381
as required by State statutes, analyzing and planning for a variety 9 of municipal services 10 including park and recreation services, establishing minimum levels of service for 11 various
municipal activities, and setting other goals, objectives and policies to guide the 12 City in planning and carrying out its serviced responsibilities [Exhibit 1], and 13 WHEREAS, the
Recreation and Open Space Element, Goals, Objectives 14 and Policies of Chapter V, establishes the following Goal for the open space and 15 recreation needs of the City: "provide citizens
of all ages residing in the City of 16 Miami Gardens a system of open space and recreation facilities to meet their future 17 active and passive recreation needs," and 18 WHEREAS, the
City has adopted a level of service standard for open space and 19 recreation needs at 1 acre of public parkland, per 1000 residents, and 20 WHEREAS, an inventory of existing and available
open spaces and recreational 21 facilities indicates that the City has surpassed its adopted minimum level of service, but, 22 further examination of the data reveals that the open space,
recreation and park 23 opportunities of the City are not well-distributed, with the supply of such opportunities on 24 the east side of the City found wanting, and 25 WHEREAS, it is
in the public’s interest to provide for an even distribution of park 26 and recreational opportunities across the approximately 20 square miles of the City, so 27 that the youth, middle-aged
and elder populations on the east side of the City will 28 have equal opportunities to access such areas, as compared to those in the west side 29 of the City, and Page 168 of 381
WHEREAS, in 2008, the City Council adopted a Parks 30 Master Plan for the 31 various City parks including Rolling Oaks Park, which included preliminary designs for 32 future improvements
and activities at the park [Exhibit 2], and 33 WHEREAS, the Capital Improvements Element of the Comprehensive 34 Development Master Plan, updated in February 2010, provides for the purchase
of 35 additional lands for Rolling Oaks Park [Exhibit 4: Capital Improvements Element of the 36 Comprehensive Development Master Plan dated February 2010, Goals, Objectives and 37 Policies],
and 38 WHEREAS, because the acquisition of real property is expensive and, in a City 39 that is over 93% built-out, it is critical to identify such acquisition opportunities early so
40 that financial and operational planning for such acquisitions can be carried out in an 41 orderly and effective manner, the City Council, in 2009, adopted a Comprehensive Land 42
Acquisition Program identifying key parcels for future acquisition by the City [Exhibit 3], 43 and 44 WHEREAS, upon advice of the City Manager and Director of Development 45 Services,
the City Council has determined that it is necessary and appropriate to 46 augment Rolling Oaks Park by the acquisition of the Subject Property, 47 NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY 48 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 49 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 50 paragraphs are hereby ratified and confirmed as
being true, and the same are hereby 51 made a specific part of this Resolution. Page 169 of 381
Section 2. FINDINGS OF FACT: Based on the aforementioned 52 studies, plans, 53 and extensive public input and participation, the City Council hereby makes the 54 following legislative
findings of fact regarding the acquisition of the “Washuta” parcel of land located at 1401 NW 183rd 59 1. While the City has met its adopted minimum level of service standard for 60
open space and recreation facilities, the existing parks and recreational facilities are not 61 well-located to equally and adequately serve the residents and guests of the City; 55
Street, and more particularly described as “the east 3/5 56 of the South ½ of the Southeast ¼ of the Southwest ¼ of the Southwest ¼ in Section 2, 57 Township 52 south, Range 41 East,
less the south 50 feet, lying and being in Miami-58 Dade county, Florida,” by the exercise of its powers of eminent domain: 62 2. That “level of Service” is not the only criterion that
the City uses to 63 determine whether parks and recreation services meet the health, safety and welfare 64 64 needs of the public, and that among other factors that should be considered
are: 65 a. the physical configuration of said facilities and their limitations, 66 thereof; 67 b. the mitigation of the negative impact of parks and other municipal 68 facilities on
neighboring residential land uses; 69 c. the effective and efficient provision of such services; 70 d. the safety and ease of the access to such services and facilities; 71 e. the provision
of adequate parking; 72 f. the nature and variety of services provided at each facility; 73 g. the physical distribution of facilities, services and programming to 74 various geographical
areas throughout the City; Page 170 of 381
h. the appropriateness of the intensity of the 75 various services and 76 programming at each park; and 77 i. the lack of a regional-sized park and the necessity to utilize and 78 otherwise
expand and reconfigure the City’s two community parks 79 for more intense sports programming. 3. The one community park located on the west side of NW 27th 83 4. In order to function
as a community park for the east side, Rolling Oaks Park needs to be improved by providing full access to NW 183 80 Avenue, (the 81 “Betty T. Ferguson Community Center”), has direct
access to a four-lane arterial 82 roadway; rd 86 5. Rolling Oaks Park is the only community sized park located on the east side of Miami Gardens, i.e., east of NW 27 84 Street/Miami
Gardens 85 Drive, a six-lane arterial roadway and a recreation center; th 89 6. Policy 1.1.6 of Chapter V of the Master Plan provides that the master 90 planning process shall provide
master site planning for each existing park and shall 91 prioritize park improvements in terms of their development, infrastructure, and 92 amenities; 87 Avenue, and is currently accessed
from a 88 two-lane local street; 93 7. Policy 1.1.7 of Chapter V of the Comprehensive Development Master Plan 94 recognizes and acknowledges the lack of availability of large open space
park parcels 95 for future parks; Page 171 of 381
8. Policy 1.2.3 of Chapter V of the Comprehensive D 96 evelopment Master Plan 97 contemplates the coordination with civic and private groups to provide recreation 98 programs and events
for residents within the public park sites; 99 9. City staff has engaged the community through a series of Charettes and 100 facilitated meetings in order to identify the needs in desires
of the residents; 101 10. The Charettes and facilitated meetings noted above occurred during 102 development of the Comprehensive Development Master Plan as well as during the 103 development
of the Parks’ Design Charrette process; 104 11. Among the expressed needs and desires of the community was the need 105 for the establishment of a community park of adequate size, with
expanded indoor and 106 outdoor recreational opportunities, including football fields, recreation buildings and 107 meeting halls, on the east side of the City; 108 12. Policy 1.3.3
of Chapter V of the Comprehensive Development Master Plan 109 recognizes the need to address and complete city park renovations, improvements and 110 redevelopments through the master
planning process; 111 13. Policy 1.3.4 of Chapter V of the Comprehensive Development Master Plan 112 provides that the master planning process shall identify deficiencies in recreation
113 facilities and evaluate the feasibility of acquiring new land or redeveloping existing 114 facilities to overcome such deficiencies; 115 14. After careful review and inventory, the
City staff determined that Rolling 116 Oaks Park was a candidate park for renovation and expansion of the recreational 117 opportunities and that renovation of the Rolling Oaks Park
would be more cost and 118 time-efficient than the development of a new park or a series of pocket parks; Page 172 of 381
15. In 2009, the City Council approved a 119 Land Acquisition Program, 120 recommended by the City Manager, wherein the Subject Property was identified as an 121 opportunity for the
expansion and renovation of Rolling Oaks Park [Exhibit 3]; 122 16. That the Rolling Oaks Park Master Plan showed future development of 123 Rolling Oaks Park to include the “Washuta”
parcel as an integral and necessary part of 124 the park’s redevelopment by providing [Exhibit 2]; 125 a. an 11,000 square foot recreation facility in the currently existing 126 structure
on the property to serve the residents of the east side of the City of Miami 127 Gardens; 128 b. a relocated primary entryway to the park to a signal-controlled, 129 major arterial (NW
183rd Street at NW 14th Avenue), thus improving access and safety 130 for park users and traffic relief to residents of the Crestview and Rolling Oaks neighborhoods (NW 17th 133 c. relocation
of the football field from Scott Lake Park, five blocks to 134 the South, from a small, neighborhood park with inadequate parking, to Rolling Oaks 135 Park with expanded parking to the
“Washuta” and neighboring parcels. 131 Avenue) where the Park’s main entrance is currently located; 132 and 136 17. In anticipation of the acquisition of title to the Subject Property
and in light 137 of Policy 1.3.3, City staff undertook a study of appropriate renovations to Rolling Oaks 138 Park [Exhibit 2]. 139 18. In further anticipation of the acquisition of
title to the Subject Property and 140 the result of the site planning study, the City purchased and stored materials, Page 173 of 381
determined appropriate for the establishment of two football 141 fields, as proposed in the 142 site planning study; 143 19. Contemporaneously with the analysis of the opportunities
to achieve Goal 144 No. 1, expressed in Chapter V of the Master Plan, the City staff continued its dialogue 145 with the residents of the community and, particularly, the residents adjacent
to Rolling 146 Oaks Park; 147 20. Through the dialogue with the adjacent residential community, the City 148 staff identified concerns with safety, noise, odor, traffic, and other environmental
and 149 social impacts associated with the existing conditions at Rolling Oaks Park, as well as 150 the future design arising from the site planning study; 151 21. The City Council has
examined alternative approaches to the 152 enhancement of Rolling Oaks Park and has determined the enlargement of the Park 153 through the addition of the Subject Property affords the
City the best opportunity, over 154 the short and long terms, to fulfill the established Goal; 155 22. The City Council has determined that the site plan depicted on Exhibit 2, 156 attached
to this Resolution enhances safety by (a) mitigating park-traffic on NW 17th 157 Ave.; (b) directing new vehicular traffic, attracted to the enhanced facilities, to access 158 the Park
via NW 183rd Street, a six-lane divided traffic way, passing on the east of the 159 Park; (c) providing ingress and egress opportunities for vehicular and pedestrian traffic 160 at the
existing signalized intersection at NW 14th Ave. and NW 183rd Street, without the 161 necessity of U-turns or the traversing of residential neighborhoods; 162 23. The City Council has
also determined that the addition of the Subject 163 Property to Rolling Oaks Park will provide for (a) the opportunity to create a signature Page 174 of 381
entrance to the Park, affording better visual recognition; 164 (b) the almost immediate 165 creation of indoor recreational and educational opportunities to allow the enhancement 166
of programs for computer training, after-school mentoring, dance, exercise, and more, 167 and (c) the cost savings associated with surface parking determined necessity to serve 168 the
planned football and soccer events; 169 24. The acquisition of the Subject Property will serve a laudable public 170 purpose, facilitating the service and achievement of the subject
Goal No. 1 of Chapter V 171 of the Recreation and Open Space Element of the Comprehensive Development Master 172 Plan; 173 25. Table CIE IX-1 City of Miami Gardens Schedule of Capital
Improvements 174 contained in the Goals, Objectives and Policies of the Comprehensive Development 175 Master Plan includes “Rolling Oaks Land Addition, $2,436,700, through General 176
Revenues, Fees and Taxes, Assessments, Grants and Bonds [Exhibit 4]; 177 26. The acquisition of fee simple title to the entirety of the Subject Property is 178 necessary to the achievement
of the described public purpose in consideration of lack 179 of viable alternatives, the cost savings involved, the enhancements to public safety, 180 the equalization of parks and recreational
opportunities throughout the City and the 181 long-range plans of providing for an increasing population, without an adequate supply 182 of lands to serve future populations, this is
more adequately described in the depiction 183 included as Exhibit 5; 184 27. The City Manager, at the direction of the City Council, inaugurated 185 negotiations with the owner of the
Subject Property but, ultimately, such negotiations for 186 a voluntary transfer failed, and the City Council thereafter and pursuant to Resolution Page 175 of 381
No. 2009-138-1083 authorized the City Manager and City Attorney 187 to initiate eminent 188 domain proceedings in order to take ownership of the Subject Property; 189 28. In furtherance
of Resolution No. 2009-138-1083, the City has enlisted the 190 aid of consultant attorneys, obtained an appraisal of the fair market value of the Subject 191 Property, as well as a survey
thereof to locate the boundaries and lines of construction; 192 Section 3: DIRECTION AND AUTHORITY: The City Manager and City 193 Attorney are hereby authorized and directed to take
such steps as shall be necessary 194 and appropriate to institute eminent domain proceedings, pursuant to Chapters 73 and 195 74, Florida Statutes, against William Washuta, as Trustee
of the Stuart Enterprises 196 Profit Sharing Plan, and such others who may have or claim an interest in the Subject 197 Property it being legislatively determined that the acquisition
of fee simple title to the 198 entire Subject Property is necessary to accomplish the public purpose of enhancing the 199 existing park facility known as "Rolling Oaks Park," located
immediately adjacent to the 200 Subject Property, based upon the Findings of Fact set forth in Section 2 hereof. 201 Section 4. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
202 directed to provide three (3) fully executed and certified copies of this Resolution to 203 James C. Brady, Arnstein & Lehr LLP. 204 Section 5. EFFECTIVE DATE: This Resolution shall
take effect immediately 205 upon its final passage. 206 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 207 GARDENS AT ITS REGULAR MEETING HELD ON September 8, 2010. 208
209 210 211 Page 176 of 381
212 _________________________________ 213 SHIRLEY GIBSON, MAYOR 214 ATTEST: 215 216 217 218 _________________________________ 219 RONETTA TAYLOR, MMC, CITY CLERK 220 221 Reviewed by:
SONJA KNIGHTON DICKENS, ESQ. 222 City Attorney 223 224 SPONSORED BY: DANNY CREW, CITY MANAGER 225 226 MOVED BY:_____________________ 227 228 VOTE: _____ 229 230 Mayor Shirley Gibson
(Yes) ___(No) 231 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 232 Councilwoman Lisa Davis (Yes) ___(No) 233 Councilwoman Sharon Pritchett (Yes) ___(No) 234 Councilman André Williams
(Yes) ___(No) 235 Councilwoman Felicia Robinson (Yes) ___(No) 236 Councilman Oliver Gilbert, III (Yes) ___(No) 237 Page 177 of 381
CITY OF MIAMI GARDENS COMPREHENSIVE DEVELOPMENT MASTER PLAN RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVES AND POLICIES JULY 2006 Prepared By: The City of Miami Gardens Planning
and Zoning Department 1515 NW 167th Street, Building 5, Suite 200 Miami Gardens, Florida 33169 Page 178 of 381
CITY OF MIAMI GARDENS, FLORIDA GOALS, OBJECTIVES & POLICIES COMPREHENSIVE DEVELOPMENT MASTER PLAN RECREATION & OPEN SPACE ELEMENT Page V-i TABLE OF CONTENTS GOAL 1: OPEN SPACE AND RECREATION
NEEDS ..................................................................................1 OBJECTIVE 1.1: PARKS AND RECREATION MASTER PLAN .............................................................
.........................1 OBJECTIVE 1.2: COORDINATION WITH PUBLIC AND PRIVATE AGENCIES ................................................................2 OBJECTIVE 1.3: PARKS AND RECREATION
MASTER PLAN IMPLEMENTATION.........................................................3 OBJECTIVE 1.4: ACCESS ............................................................................................
............................................3
OBJECTIVE 1.5: RECREATIONAL TRAIL SYSTEM.....................................................................................................4 Page 179 of 381
CITY OF MIAMI GARDENS, FLORIDA GOALS, OBJECTIVES & POLICIES COMPREHENSIVE DEVELOPMENT MASTER PLAN RECREATION & OPEN SPACE ELEMENT Page V-1 CHAPTER V -RECREATION AND OPEN SPACE ELEMENT
GOALS, OBJECTIVES AND POLICIES In 2003, upon its incorporation, the City of Miami Gardens inherited an essentially existing community with a relatively defined amount of open space and
recreation lands and facilities. Included in that system are sixteen parks and four pools that encompass approximately 170 acres. These City parks are supplemented by two small County
parks in the City. These parks form the backbone of the City’s park and recreation facilities. Several open space opportunities include areas such as canal rights-of-way. The Recreation
and Open Space Element is intended to provide direction for the development and redevelopment of the city’s parks as well as methods for insuring meaningful open space and parks for
new development and redevelopment. GOAL 1: OPEN SPACE AND RECREATION NEEDS Provide citizens of all ages residing in City of Miami Gardens a system of open space and recreation facilities
to meet their future active and passive recreation needs. Objective 1.1: Parks and Recreation Master Plan In recognition that the City is essentially developed and that the City has
inherited a collection of existing parklands and facilities, the City shall develop a parks and recreation master plan (master plan) to maximize the potential of existing resources and
explore the feasibility of creating new ones. Monitoring Measures: Adoption of a master plan that includes a plan for improvements to existing facilities and potentially proposes new
sites for recreational facilities. Policy 1.1.1: The master planning process shall include an inventory of all existing park and recreational facilities, as well as public open space
resources in the City. Policy 1.1.2: The master plan shall establish definitions for the following terms: • Open Space • Park Facility (tot-lot; neighborhood; community; regional) •
Recreational Facility Policy 1.1.3: The City shall adopt the following level of service standard the open space and recreation: 1.0 Acre of public park per 1,000 residents Policy 1.1.4:
As apart of developing the City’s land development regulations determine the minimum open space that should be dedicated by private developments to promote the City’s “garden” concept.
These dedications would be designed to ensure that new projects enhance existing amenities Page 180 of 381
CITY OF MIAMI GARDENS, FLORIDA GOALS, OBJECTIVES & POLICIES COMPREHENSIVE DEVELOPMENT MASTER PLAN RECREATION & OPEN SPACE ELEMENT Page V-2 and increase aesthetic values to create livable
communities within the City. Policy 1.1.5: As part of developing the parks planning process the City shall determine, based on the adopted levels of service and recommended guidelines,
the current and projected parks and recreational facilities deficiencies in the City. Policy 1.1.6: The master planning process shall provide master site planning for each existing park
and shall prioritize park improvements in terms of their development, infrastructure, and amenities. Policy 1.1.7: Due to the lack of availability of large open space parcels for future
parks, the master planning process should look into the idea of developing “pocket” parks on vacant lots throughout the City. Policy 1.1.8: As part of the master planning process, the
City shall consider conducting a survey to determine the public’s priorities and preferences when it comes to recreation. Policy 1.1.9: The parks and recreation master planning process
shall be inclusive of citizens with a public involvement component that includes advertisements, notices, public meetings and similar techniques to ensure community participation. Policy
1.1.10: The parks planning process shall consider potential grants and other outside funding sources available to develop and redevelop the City’s park facilities. Policy 1.1.11: City’s
parks planning shall include an evaluation mechanism to review standards, improvements, and available capacity on a regular basis. Policy 1.1.12: As part parks planning, the City shall
develop a feasibility study to identify a regional park facility of approximately100 acres. Objective 1.2: Coordination with Public and Private Agencies The City shall coordinate its
planning efforts with other public and private agencies in order to meet current and future demand for recreation. Monitoring Measures: Number of recreation and open space related grant
applications developed on an annual basis. Monitoring Measures: Number of parks and recreational facilities that are constructed and/or redeveloped. Page 181 of 381
CITY OF MIAMI GARDENS, FLORIDA GOALS, OBJECTIVES & POLICIES COMPREHENSIVE DEVELOPMENT MASTER PLAN RECREATION & OPEN SPACE ELEMENT Page V-3 Policy 1.2.1: Continue to work with government
agencies and private sources for funding in the development of recreation facilities such as parks, greenways and bikeways, such as the proposed Snake Creek Bikeway. Policy 1.2.2: Continue
to work with Miami-Dade School Board to maximize the use of school site for public recreational activities in the future. Policy 1.2.3: Coordinate with civic and private groups to provide
recreation programs and events for residents within the public park sites. Policy 1.2.4: The City shall continue to require that open space be provided as a part of the development process
and that parks impact fees are collected. Objective 1.3: Parks and Recreation Implementation The City’s parks and recreation plans shall be implemented and monitored on an annual basis
as part of the City’s budget process. Monitoring Measures: Regular monitoring of parks and open space capacity and demand. Monitoring Measures: Successful implementation of improvements/renovation.
Policy 1.3.1: Pursuant to the City’s development review process, the City shall incorporate the dedication of open space, parks and recreational facilities into the City’s land development
regulations. Policy 1.3.2: Maintain and evaluate existing recreation facilities based on adopted/recommended standards, guidelines, impact fees and the available funding sources. Policy
1.3.3: Address and complete City park renovations, improvements and redevelopments per the master planning process. Policy 1.3.4: The master planning process shall identify deficiencies
in recreation facilities and evaluate the feasibility of acquiring new land or redeveloping existing facilities to overcome such deficiencies. Policy 1.3.5: Evaluate vacant property
that could be suitable for future or expanded park facilities. Policy 1.3.6: Pursue future strategic acquisition of lands through state/federally-funded grants and land acquisition programs.
Objective 1.4: Access The City shall ensure that adequate and appropriate access to all recreational facilities is made available to all citizens by automobile, transit, and bicycle/pedestrian
facilities. Page 182 of 381
CITY OF MIAMI GARDENS, FLORIDA GOALS, OBJECTIVES & POLICIES COMPREHENSIVE DEVELOPMENT MASTER PLAN RECREATION & OPEN SPACE ELEMENT Page V-4 Monitoring Measures: The appropriateness of
access methods to existing and future park sites; the number of parking spaces (including handicap spaces) and bicycle racks at park sites; the accessibility to future pedestrian ways
and trails. Monitoring Measures: The degree of success with transportation and mobility related enhancements as they directly improve/benefit the access to parks and recreation facilities.
Policy 1.4.1: Maintain and, if necessary, obtain additional public access points for recreation and open space facilities. Policy 1.4.2: Ensure pedestrian and bicycle access to all park
facilities upon completion of renovations and new construction. Policy 1.4.3: Investigate the feasibility of developing the land along canals to provide public access, greenway trails
and linear parks for public passive recreation or conservation. Policy 1.4.4: Assure adequate access for handicapped and elderly residents to public and private parks and recreation
facilities, in compliance with the Americans with Disabilities Act. Objective 1.5: Recreational Trail System Because the City has little vacant land available to convert to parks, it
is important to utilize those existing public properties to their fullest. To this end, the City should implement the recently adopted citywide Recreational Trails Master Plan (RTMP),
which utilizes canal rightsof-way and other blueways, existing parks, pedestrian walkways, sidewalks and bikeways, the Library Walking Trail and private lands to create an interconnected
system of trails. Monitoring Measures: Additional effective acreage added to the parks recreation and park system trough these linear trails. Monitoring Measures: The degree that the
component parts of the Recreational Trail System are joined by pedestrian facilities. Policy 1.5.1: All new and renovated parks should where possible, contain a pedestrian trail or walkway
accessible from public sidewalks or parking facilities. Policy 1.5.2: Develop and implement citywide trail/blueway/bike path projects along canals, other blueways, road rights-of-way,
and other rights-of-ways in coordination with existing parks and plans, other governmental agencies, private landowners, and the City Transportation Master Plan. Policy 1.5.3: Review
potential links between the various segments of the Recreational Trail System such as sidewalks and bike paths, identify missing links connecting these facilities and program their completion
through the Capital Improvement Program. Page 183 of 381
CITY OF MIAMI GARDENS, FLORIDA GOALS, OBJECTIVES & POLICIES COMPREHENSIVE DEVELOPMENT MASTER PLAN RECREATION & OPEN SPACE ELEMENT Page V-5 Policy 1.5.4: Review each component trail in
the City’s Recreational System for enhancements to more fully utilize these resources such as adding facilities or stations for fitness, family picnics, nature education, etc. Policy
1.5.5: All components of the City’s Recreational Trail System should be ADA compliant. Page 184 of 381
Page 185 of 381
City of Miami Gardens’ 3 to 5 Year Land Acquisition Program March, 2009 Dr. Danny O. Crew, City Manager Purpose The City of Miami Gardens is the third largest city in Miami-Dade County.
In order to carry out its duties and responsibilities to the residents of the City, it is necessary to have a number of physical facilities from which city business can be conducted.
Because of the generally significant cost of such facilities, it is prudent to identify as many of these needs as possible and establish a program for their acquisition over time. History
Subsequent to the City of Miami Gardens being incorporated, Miami-Dade County transferred a number of real estate-based assets to the City. These included: Roadways, parks, and canals.
In addition to these assets, the City has purchased several facilities since incorporation. These include: -3+ acres for the expansion of Rolling Oaks Park -.25 acre for a small pocket
park at Jordan’s Landing -4+ acre site for a future City Hall building -The Old Mt. Herman Church at Bunche Park for possible expansion -The Police Headquarters Facility in the Sunshine
International Park -The Public Works Compound/Building in the Sunshine International Park -A 5 acre parcel across from Carolmart for potential economic development initiatives -A 15
acre parcel at NW 7th Avenue for economic development purposes Asset Needs A city needs to have a healthy infrastructure inventory in order to effectively carry out its responsibilities
to provide the best and most effective public services possible. These needs fall into several categories: Public Facilities such as parks and recreations centers; business facilities
such as the police headquarters, roads, and maintenance facilities; and economic development land/facilities for economic development purposes. Because land in the City of Miami Gardens
is essentially fully developed, it becomes especially important to identify our long-term property needs so that the City can take advantage of opportunities to pursue grants and other
financing financing in a timely manner and purchase needed assets when they may become available. Analysis 1 Page 186 of 381
As indicated above, asset needs tend to fall into one (or more) of three categories: Public facilities, business facilities; and economic development facilities. This report will review
each in turn. 1. PUBLIC FACILITIES Public facilities are those facilities that have a direct connection to and where services are provided to the general public. These might include
Parks, recreations facilities, a City Hall, and roads. Roads: The City of Miami Gardens’ road system was inherited from Miami-Dade County. Being a fully developed, there is not expected
to be a need for additional roads. However, because of the general age of these roads, and the overcapacity of many of them, future projects involving the repaving and widening can be
expected. Since these projects will generally not involve land acquisition, they are not considered here. City Hall: A major investment in the future of any city is the building of its
first City Hall. Miami Gardens realized this early on and secured the preponderance of land for its its construction. City staff has identified one additional parcel that needs to be
purchased to complete the site. This is the Mint Lounge property. This should be added to the future property acquisition inventory. See MAP #1 below: MAP #1: Mint Lounge City Owned
Site City Hall Site #1 Parks: Upon incorporation, Miami-Dade County deeded some 16 parks to the City for our use. Most of these parks are neighborhood parks in the 2-5 acre size range.
Unfortunately, most of these parks are also heavily 2 Page 187 of 381
overused due to the lack of adequate community park-sized facilities (10-40 acres). This has caused numerous problems with adjacent residents and property owners and in maintenance of
those facilities. To address this problem, in 2006, the City began an extensive parks renovation program, upgrading existing parks and fully developing the few larger parks we have to
handle more intensive recreational activities. In looking at our parks system as a whole, it is clear that for a city our size, Miami Gardens is woefully deficient in parks and open
space. One accepted national standard (National Recreation and Parks Association) recommends 10 acres of parks land for every 1,000 residents. Miami Gardens has less than 2 acres per
1,000 residents, and this is if you also count School Board playgrounds and sports fields in the number. Given the scarcity of available land in the city, it becomes critical for the
City to identify potential park additions and act quickly when they come on the market, if not sooner. MAP MAP #2 below is a map of the current city park facilities. In addition, staff
has identified various parcels throughout the City that have the potential for enhancing our parks program. The City should act quickly if and when these parcels become available to
purchase, even if immediate development is not feasible. Once such parcels are developed for housing or commercial purposes, they are lost forever to the City as parks sites. Map #2
below identifies several potential park sites that are recommended for possible acquisition. MAP #2: Potential City Park Additions Park Site #2 Park Sites #3 & 4 Park Park Site #5 Site
#1 3 Page 188 of 381
Site #1 is approximately 190 acres at the NW corner of the City. While the entire site is not needed, approximately 100 acres would fulfill the City need for a regional parks and recreation
facility. See Map #3 below: Map #3: Park Site #1 Park Site #1 Site #2 is approximately 10 acres North of the Palmetto and immediately west of NW 22nd Avenue. This area is heavily wooded
and would help fill a gap in the City’s park system in that area. It is a prime location for a passive park with picnic and jogging facilities. See Map #4 below: MAP #4: Park Site #2
4 Park Site #2 Page 189 of 381
Site #3 is a two (2) acre site located on 183rd Street immediately south of Rolling Oaks Park. This site is currently rented part-time as a church and is tied up in litigation. This
is a critical piece for the future of Rolling Oaks Park, especially the plan to move the Park’s main entrance from NW 17th Avenue to 183rd Street. See Map #5 below: MAP #5: Park Site
#3 Park Site #3 Rolling Oaks Park Site #4 (MAP #6 below) is a nearly 2-acre site that is currently occupied by a Child Day Care center. The site is immediately south of Rolling Oaks
Park and west of Site #3. Because large tracts of land are so hard to come by in Miami Gardens, the City needs to take advantage of our existing parks by enlarging them whenever possible.
This tract is well located to do this. As Rolling Oaks is the City’s largest park, it makes sense to consolidate outparcels whenever possible. The additional parking this site would
provide would be invaluable for the park’s usage. MAP #6: Rolling Oaks Site #4 5 Park Site #4 Page 190 of of 381
Park Site #5 (MAP #7 below) is a 14 acre site currently owned by the Archdiocese of Miami and is adjacent to the Turnpike along NW 183rd Street and NW 12th Avenue. This site has a number
of buildings along with 10 or more undeveloped acres. This site, including the main 22,000 square foot building could easily be converted into a dedicated Senior Center. The vacant land
could be used by Keep Miami Gardens Beautiful to develop a formal “Garden” to reflect our namesake. MAP #7: Archdiocese of Miami Park Site #5 While these are the major tracts that the
City should work toward acquiring, there may also be smaller opportunities that arise from time to time, especially where they adjoin existing parks and could provide expansion opportunities
to these existing facilities. 2. BUSINESS FACILITIES Business facilities are those facilities that have a direct connection to the inner workings of the City workforce. Some like the
police headquarters can be both a public and a business facility while others, like a maintenance facility, is only a business facility designed to serve the internal city organization.
The City of Miami Gardens has several such facilities: The police headquarters in the Sunshine International Park; the Public Works facility also in the Sunshine International park,
and the Parks Maintenance Facility located at Myrtle Grove Park. In looking at our current and long term needs, the City should be looking at several additional business facilities to
more efficiently and effectively carry out its business operations. 6 Page 191 of 381
Vehicle Maintenance: One such facility that the City should be considering in the future is that of a vehicle maintenance facility. While it makes sense to outsource major vehicle repair
and equipment repair, with a fleet of over 500 vehicles and major pieces of equipment, it would be more cost effective to handle much of the routine maintenance at our own facility.
Tasks such as oil and fluid changes, preventive maintenance, tire changing, hose, belts and wiper replacement, etc., can all be done quicker and cheaper in-house. Another facility that
will need to be replaced in the future is that of the Police headquarters. The current facility, while adequate for the time being, was never designed to be used as a long-term answer
to the need. Currently, consideration is being given to co-locate the police department with the proposed City Hall on NW 27th Avenue. If this is done, it would open up the current police
facility to be used as a maintenance facility, solving the problem identified above. This makes sense as the City is currently planning to install a fuel station at this site. That facility
would be managed by the City’s maintenance function. Fueling Facility: In looking further at the future needs of City public facilities, an expansion of the proposed fueling facility
may be required to accommodate alternate fuel vehicles such as CNG/LPG, biofuels and electric. In order to accommodate this, it would probably be necessary to expand the current proposed
fueling facility through the purchase of an additional ½ acre to the east of the current site. This tract is unused and has little or no access, but would fit nicely into our proposed
fueling station. MAP #8: Future Business Facility real estate needs. Business Site #1 7 Page 192 of 381
Currently, the City Police and Public Works have their offices at the 3 acre compound in NW 163 Drive in the Sunshine International Park as shown in Map #9 below: MAP #9: City Property
Addition Current Public Works Building and Walled Compound Current Police Building & Possible Future Maintenance Police Parking Lot & Future Fuel Depot Business Site #1 The site identified
as MAP #9 is a small ½ acre vacant parcel of property located immediately east of the police parking lot. This lot is only accessible through the City’s property from the west and from
the east, a non approved Railroad crossing on the spur line. As the City expands in the future, this parcel could prove to be useful for an expansion of the future fuel depot and for
site integrity. 3. ECONOMIC DEVELOPMENT OPPORTUNITIES In addition to large tracts of land for parks and city business enterprises, a municipality may want to obtain vacant infill lots,
or lots where City-developed housing or other public services such as parking could be provided provided might be appropriate. These can play a key role in the provision of workforce
housing within the community. For Miami Gardens, these objectives are carried out by the City’s Community Development Department and will not be the subject of this report. Another reason
for a municipality to purchase land not necessarily destined for a municipal use is to acquire land for economic development purposes. A major responsibility of local government is to
ensure that the City develops in such a fashion that new development is an asset and reflects the community’s needs and image. One way in which cities accomplish this is through its
planning and zoning regulations; however, these are not always sufficient to bring about the desired end. Another way for the city to ensure the type of development, especially in certain
8 Page 193 of 381
9 ‘high visibility’ corridors, or in certain priority uses, is for the city to own the land. By having site control, the City can entertain proposals and effectively negotiate with only
those that reflect its desired development objectives. While the purchase of property for economic development is common among cities and counties throughout the nation, it should be
approached carefully. The City is not a speculator and should not purchase land without a valid economic development reason. The City’s recent purchase of the Warren Henry tract is a
good example. Here, the City entered into a transaction in which it could further the economic development efforts of the City while at the same time protect its investment through the
acquisition of the property at a substantial discount under the appraised market value. These types of opportunities should be considered in the future in those cases where the City
can assist in the development of a site while at the same time, ensuring that our investment is sound and that our return on investment is positive. Page 194 of 381
CITY OF MIAMI GARDENS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT DATA INVENTORY AND ANALYSIS FEBRUARY 2010 Prepared By: The City of Miami Gardens Planning and
Zoning Division of the Development Services Department 1515 NW 167th Street, Building 5, Suite 200 Miami Gardens, Florida 33169 Page 195 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-i TABLE OF CONTENTS A. INTRODUCTION
......................................................................................................................................................................... 1 B. INVENTORY
OF PUBLIC FACILITY NEEDS AND FUNDING SOURCES ............................................................ 1 1. Public Health ..........................................................................
............................................................. 1 2. Schools ............................................................................................................................
..................... 2 3. Parks and Recreation .......................................................................................................................... 2 4. Water,
Sewer and Solid Waste Facilities and Services ............................................................... 2 5. Stormwater/Drainage ................................................................
......................................................... 2 6. Transportation .........................................................................................................................
............ 3 C. EXISTING REVENUE SOURCES AND FUNDING MECHANISMS .......................................................................... 3 1. General Fund Revenues ...............................
...................................................................................... 4 a. Ad Valorem Taxes-Real and Personal Property ...............................................................
..................................... 4 b. State Revenue Sharing ......................................................................................................................................
........... 4 c. Utility Franchise Taxes ................................................................................................................................................
4 d. Utility Taxes ...................................................................................................................................................................
5 e. Half-Cent Sales Taxes.................................................................................................................................................. 5 f. Other
Local Revenues .................................................................................................................................................. 5 2. Transportation
Fund ........................................................................................................................... 6 3. Development Services Fund .......................................
...................................................................... 6 4. Capital Projects Fund .....................................................................................................
.................... 6 5. General Services Fund ....................................................................................................................... 6 6. Special Revenue
Fund ........................................................................................................................ 6 7. Stormwater Fund ....................................................
............................................................................ 6 D. CAPITAL IMPROVEMENTS ANALYSIS REQUIREMENTS ..........................................................................
............. 7 1. Current Local Practices that Guide Capital Improvements ........................................................ 7 a. Level of Service (LOS) .......................................
......................................................................................................... 7 b. Schedule of Capital Improvements .......................................................
..................................................................... 7 c. Additional Capital Improvements ............................................................................................
.................................. 8 d. Concurrency Management and Public Facility Monitoring ................................................................................. 8 Page
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CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-ii e. Plan Monitoring and Evaluation
and Appraisal ...................................................................................................... 9 2. Other Public Facility Timing and Location Practices
................................................................. 9 a. User Charges and Connection Fees ...............................................................................................
.......................... 10 b. Mandatory Dedications of Fees in Lieu of.............................................................................................................
10 c. Moratorium ................................................................................................................................................................... 10
3. General Fiscal Implications of Existing Deficiencies and Future Needs .............................. 10 a. Transportation ..........................................................................
.................................................................................... 10 b. Public Parks (Recreation and Open Space) ...................................................................
........................................ 11 c. Stormwater Drainage ....................................................................................................................................
............. 11 d. Potable Water ...............................................................................................................................................................
12 e. Sanitary Sewer ............................................................................................................................................................. 12
f. Solid Waste ................................................................................................................................................................... 12
g. Other Capital Improvements .................................................................................................................................... 12 h. Cost Analysis
of Capital Improvements and Basis of Cost Estimates ............................................................ 12 E. IMPACT OF PROPOSED PUBLIC SCHOOL OR MEDICAL SYSTEM FACILITIES ON
PUBLIC FACILITIES .................................................................................................................................................................................
13 F. TIMING AND LOCATION OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE FUTURE LAND USE PLAN .........................................................................................................
............................................................. 13 G. CONCLUSION ........................................................................................................................
.................................................... 15 Page 197 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-iii LIST OF TABLES TABLE CIE IX -1:
MIAMI-DADE HOSPITALS WITHIN 12 MILES OF THE CITY OF MIAMI GARDENS... 17 TABLE CIE IX -2: HEALTH CARE FACILITIES IN MIAMI GARDENS .....................................................................
17 TABLE CIE IX -3: PUBLIC SCHOOLS INVENTORY ......................................................................................................... 18 TABLE CIE IX -4: PUBLIC PARKS
INVENTORY ............................................................................................................... 19 TABLE CIE IX -5: CITY OF MIAMI GARDENS BUDGET SUMMARY, FY
05-06 .................................................. 20 TABLE CIE IX -6: PROJECTION OF AD VALOREM TAX REVENUES .....................................................................
21 TABLE CIE IX -7: PROJECTIONS OF NON-AD VALOREM TAX REVENUES ....................................................... 22 TABLE CIE IX -8: PROJECTIONS OF OPERATING COSTS .............................
.............................................................. 22 TABLE CIE IX -9: MIAMI GARDENS LEVEL OF SERVICE STANDARDS ..............................................................
23 TABLE CIE IX -10: CITY OF MIAMI GARDENS SCHEDULE OF CAPITAL IMPROVEMENTS ...................... 27 TABLE CIE IX -11: CITY OF MIAMI GARDENS SCHEDULE OF ADDITIONAL CAPITAL IMPROVEMENTS..............
..................................................................................................................................................... 45 TABLE CIE IX -12: CITY OF MIAMI
GARDENS 5-YEAR REVENUE AND EXPENDITURE SUMMARY ... 49 Page 198 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-1 CHAPTER IX – CAPITAL IMPROVEMENTS
ELEMENT DATA, INVENTORY AND ANALYSIS A. INTRODUCTION Miami Gardens’ Capital Improvements Element data, inventory and analysis provides a general overview and discussion of the City’s
financial situation and sets the overall economic framework that evaluates the combined fiscal impact of all improvements specified in the CDMP. Its purpose is three-fold: (1) Evaluate
the need for future capital improvements for each type of public facility identified in the CDMP to maintain the adopted level-of-service (LOS) pursuant to Growth Management requirements;
(2) Identify the funding for such improvements; and (3) Schedule the funding and construction of improvements. The CIE also has a key relationship to the Future Land Use Element through
concurrency, which stipulates that facilities and services must be available at their adopted service standard concurrent with the impacts of development. Therefore, decisions concerning
the planning of capital improvements and land use are directly correlated with each other. In that regard, the City of Miami Gardens will replace the existing Miami Dade County Plan.
One question regards the difference between the two plans upon facilities and services including but limit to transportation, water, sewer, and solid waste. Given that there are differences
between the proposed City and the existing County plans, will the City’s plan generate more or less development potential? To answer that question, a comparison analysis of development
potential for uncommitted vacant land is provided in the Future Land Use Element’s Data and Analysis section. Calculations of uncommitted vacant land development potential for both the
proposed City and the existing County plans illustrate that there is negligible difference between the two plans: 70 dwelling units. Therefore, the City of Miami Gardens’ new Comprehensive
Development Master Plan neither increases nor decreases the impact of development upon capital facilities and urban services in an appreciable manner. B. INVENTORY OF PUBLIC FACILITY
NEEDS AND FUNDING SOURCES Miami Gardens is a fast growing city that currently meets the needs of its residents by providing services such as public health, public schools, parks and
recreation, utilities, police, fire, and transportation. Although, these services with the exception of park and recreation are owned and/or operated by either the State or the County,
the City plays a major role in making this infrastructure (public facilities) available to its residents. To further explore a more detailed analysis of the public and educational facilities
see the Public Schools Element. 1. Public Health The City of Miami Gardens currently does not have any major health care facilities located within the City. The closest hospital is Parkway
Regional Medical Center located at 160 NW 170 Street, North Miami Beach, which is approximately 2 miles east of the City. Table CIE-1 details the five (5) hospitals located within a
12-mile radius outside of the City. There are also two minor health care facilities in Miami Gardens that are Page 199 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-2 available to the public. These facilities
along with addresses are indicated in Table CIE IX-2. 2. Schools The City of Miami Gardens currently has a total of twenty-seven (27) public schools and one (1) charter school within
the City limits: Eighteen (18) elementary schools, five (5) middle schools, two (2) senior high schools and two (2) alternative schools. There are also four schools (2 elementary, 1
middle and 1 high school) outside the City limits serving a significant number of students from the City of Miami Gardens. Table CIE IX-3 lists the name, address and grades of each school.
A detailed inventory and analysis of the public education facilities is referred in the Public School Facilities Element. The Miami-Dade County Public School Board has plans to fully
replace Miami Carol City Senior (Year 2007-2008) and Norland Senior (Year 2008-2009). 3. Parks and Recreation The City of Miami Gardens currently has a total of nineteen (19) locations
within the City limits offering recreational opportunities to its residents. Of the 19 locations, sixteen (16) are City parks, three of which include pools; one (1) is a stand-alone
pool facility; and two (2) are County facilities. There is also a walking trail – The Library Walking Trail, located just south of the Dolphins Stadium. Table CIE IX-4 contains a listing
of name, address and acreage of each park. A detailed inventory and analysis of the parks’ location and amenities can be found in the Recreation and Open Space Element. The proposed
city-wide Parks and Recreation Master Plan will address each park facility and its specific needs to maximize the potential of existing resources and explore the feasibility of creating
new ones. 4. Water, Sewer and Solid Waste Facilities and Services The City of Miami Gardens relies on Miami-Dade County WASD and the cities of North Miami Beach and Opa-Locka to provide
water, sanitary sewer and solid waste services to the City residents. As noted in the Infrastructure Element, the infrastructure providers have adequate capacity to meet the needs of
the future City residents. The City continuously coordinates with the County and DERM to ensure adequate service to its residents and does not have any plans for system improvements
that would require funding or scheduling. Each development must pay impact fees to the appropriate entity in order to insure that the impact upon facility capacity is met for each increment
of development. 5. Stormwater/Drainage At the date of this writing, the City was preparing a Stormwater Master Plan funded in part by the South Florida Water Management District. That
plan will identify and priorities deficiencies such as flooding problem areas within the City. A detailed inventory of the existing stormwater system, conducted as part of the master
plan process, shows a general deficiency of the following nature: Page 200 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-3 • Lack of stormwater facilities
• Hydraulically inadequate stormwater facilities • Low lying structures • Inadequate maintenance of stormwater system At the date of this writing, the City was negotiating takeover of
the stormwater utility from Miami Dade County. This was accomplished in March 2007. Once that is accomplished, the City anticipates upwards of 6. Transportation As an already-developed
community, the City of Miami Gardens has had an established grid street system for well over fifty years. As reflected in the Transportation Element, the overall street system functions
well at the present time but it includes several street segments that are operating below acceptable peak hour level of service standards. Most of the LOS E and F conditions are on roadway
segments entering/exiting the city. By 2015 the overall LOS begins to deteriorate. Very few segments will operate better than LOS C. By 2030 even fewer segments will operate at LOS C
or better. The analysis shows that, for the most part, existing internal circulation is moving at acceptable levels of service and that mobility is beginning to breakdown at some of
the entries/exits of the community. The Transportation Element further states that mitigation of the future lack of mobility can take place through a focus of increasing physical capacity
where feasible, increasing transit capacity, utilization of transportation management policies as well as through the use of effective growth management tools and incentives through
land use policies, and concurrency management tools of infill development, redevelopment, and more dense mixed use development. The element further identifies three main broad areas:
Physical Capacity, Alternative Mode, and Transportation Management. There are no proposed road widenings or other major capacity improvements. The road system is basically complete and
has been for a number of years. However, there are a number of intersection improvements suggested that are intended to help provide better flow and safety. Alternative mode improvements
are suggested by way of transit and related improvements, many of which are identified as being by Miami Dade Transit. Regarding transportation management, along with a number of alternatives
suggested, the City has developed a transportation concurrency management area system which is reflected in the level of service standards contained in this plan. C. EXISTING REVENUE
SOURCES AND FUNDING MECHANISMS The City of Miami Gardens utilizes an expanded and stable revenue system to implement the financing of operations and administrating capital improvements
required to efficiently maintain the City’s functionality. This section describes the revenue sources and funding mechanisms currently used by the City. The City of Miami Gardens’ budget
for the fiscal year 2006 2010 currently consists of seven funds: Consolidated Fund, Page 201 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-4 General Fund, Transportation Fund,
Development Services Fund, Capital Projects Fund, General Services Fund, Special Revenue Fund, Community Development Block Grant Fund (CDBG), State Housing Incentive Partnership Fund
(SHIP) and Stormwater Fund. See Table CIE IX–5, City of Miami Gardens Budget Summary FY 05-06 , for a detailed analysis of operating revenues and expenditures. Also see Table CIE IX-6:
Projections of Ad Valorem Tax Revenues, Table CIE IX -7: Projections of Non-Ad Valorem Tax Revenues, and Table CIE IX -8: Projections of Operating Costs for related data. 1. General
Fund Revenues The General Fund is used to account for revenues that are not allocated to specific purposes and serve as the general operating fund of the City. General Fund revenue sources
include ad valorem-property taxes, state revenue sharing, utility franchise taxes, utility taxes, half-cent sales tax, and other local revenues. a. Ad Valorem Taxes-Real and Personal
Property Ad valorem or property taxes are taxes levied against the assessed value of real and certain personal property. The municipality sets a tax rate based on its needs and levies
this dollar cost per $1,000 of taxable valuation. Property tax revenues for Miami Gardens for FY-06 10 increased decreased approximately 14% 4% from FY-05 09 due to property values increasing
decreasing from $2,589,285,977 $4,695,454,000 with a millage rate of 3.6484 5.1402 to the current total of $3,003,121,386 $4,503,604,000 with a millage rate of 3.6384 5.3734. Using a
millage rate of 5.3734, this tax base value is expected to generate $12,038,242 $24,199,666 in property taxes; however, the City is only allowed to budget for 95% of this number. Therefore,
the approximation of $11,417,660 $22,989,682 will be allocated to the General Fund. b. State Revenue Sharing State Revenue Sharing was created by the State of Florida to ensure revenue
parity among local governments statewide. It is comprised of various Statecollected revenues including a portion of the State’s sales and gas taxes. In FY-06, the City expects to receive
approximately $3,830,406 in state shared revenues, 71.78% ($2,749,465) is going to General Fund Revenue and 28.22% ($1,080,941) will go to the Transportation Fund. The State Department
of Revenue estimates that State Revenue Sharing, because of the continuing poor statewide economy, will remain the same as budgeted for FY-09, which was cut twice by the state during
the year. The General Fund expects to receive $2,418,000 for FY10. This represents 71.02% of the total received. State law requires the balance (28.98%) go to the Transportation Fund.
c. Utility Franchise Taxes Fees Franchise taxes fees are locally levied to compensate the municipality for allowing private utility businesses within the City to use the City’s rights-of-way
Page 202 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-5 to conduct their business. The agreement
between those utility providers and the City for this type of payment is spelled out in the City’s Charter. These taxes fees are paid to the City on an annual base. The City collected
$3,397,604 $5,588,428 in FY-095 and is budgeted to collect $4,266,231 $5,809,802 in FY-106 in utility franchise taxes fees. The Utility Franchise Tax Fee is economy-based revenue; therefore,
as an area grows, so does the revenue. The City has franchise agreements with: • Florida Power and Light (FP&L) • Bell-South • Stericycle • Mac-Pac Waste & Recycling, Inc. • BioMed Waste
Steritronix • Ransom Hauling • Lopefra Corporation • Gulf Equipment Corp • Waste Service USA, Inc. • World Waste Services, Inc. • C & C Waste Removal, Inc. • Waste Management of Dade
County • All Services Miami-Dade Division • BFI Waste Systems • Kaufs Towing Company d. Utility Taxes Utility taxes are paid by the customers who consume those serves such as water,
sewer, electric and communications as a percentage of their bill for using those various services. The City does not collect these taxes directly. The taxes are collected by Miami Dade
County and the State of Florida and remitted to the City in monthly increments. The estimated amount for FY-06 10 for all utility taxes received by the city is $8,195,264 $11,076,242.
e. Half-Cent Sales Taxes The Half-Cent Sale tax is a percentage of the retail sales on all goods and most services in the private sector. Miami Dade County’s tax rate is 6½%, therefore
holding the same for the City of Miami Gardens. This tax is collected by the State of Florida and then distributed to local governments based largely on population. Miami Gardens expects
to receive $6,579,548 in 2006 $6,610,000 in FY 10. f. Other Local Revenues Page 203 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-6 This revenue source is derived from
fees charged by the City for local services, including occupational licenses, alarm and landlord permits, certificates of use, parks and recreation fees, other operational revenues and
fines and forfeitures. Some of these revenues are collected by the County, while others are collected by the City. 2. Transportation Fund The Transportation Fund is made up of three
main sources of revenues. The first two are local gas taxes that are distributed at the County level and then shared with the municipalities. The first two taxes are the Local Option
Gas Tax, which is a 3-cent per gallon levy and the City is expected to receive bring the City $619,584 $1,675,000 in revenue for 2006 FY 10. New Local Option Gas Tax which is a 3 cent
per gallon levy is expected to bring in an estimated amount of $1,581,834 $660,000 to the City in 2006 2006 FY 10. As mentioned previously in the State Share Revenue section, the Transportation
fund also has revenue from the State. 3. Development Services Fund The City Development Services Fund was created to account for those activities that are principally designed to serve
the City’s development community, specifically, planning, zoning and building divisions. 4. Capital Projects Fund The Capital Project Fund is typically used for capital projects. The
revenues generated in this fund primarily come from grants; however, some funding also comes from the General Fund. For example, there is a percentage of ad valorem taxes that are set
aside for this fund. 5. General Services Fund The revenues that make up the General Services Fund have several sources, the primary one being the bank loan that was taken out to finance
capital projects for City operations. This is an internal service fund. 6. Special Revenue Fund The majority of the Special Revenue Fund is from impact fees paid by developers. The revenues
in this fund have to be dispersed for those specific improvements in which they were collected for. These fees are collected by the County (transportation, water, sewer, and fire) as
well as the City (parks and police). 7. Stormwater Fund The majority of the Stormwater Utility comes from a Stormwater Utility fee imposed by Miami-Dade County on utility bills. The
annual amount for this tax is $4 per Equivalent Residential Unit (ERU). Miami Gardens has approximately 70,000 ERU and is expected to receive fee revenues in the amount of $3,360,000
once the City takes control of Stormwater Utility from Miami-Dade County. Page 204 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-7 D. CAPITAL IMPROVEMENTS ANALYSIS
REQUIREMENTS This section is designed to present an analysis of the fiscal implications of the identified capital improvement needs within the City of Miami Gardens. Included in this
section are also descriptions of those current local practices that guide the timing and location of construction and/or extension of public facilities and services needed to stay concurrent
with the growth within the City. 1. Current Local Practices that Guide Capital Improvements a. Level of Service (LOS) Level of Service (LOS) is a performance measurement used to evaluate
the extent to which a public facility or service satisfies the demands placed on that system. LOS indicates the capacity per unit of demand of each public facility. The State of Florida
typically monitors level of service for potable water, sanitary sewer, stormwater drainage, solid waste, recreation and open space, transportation, and public schools as addressed in
local government comprehensive plans. These standards become the criteria used to evaluate the adequacy of new development applications and determine the appropriateness of issuing development
orders or permits to ensure that adequate facility capacity will be maintained and available for future development. LOS standards affect the timing and location of development by encouraging
development in areas where facilities have excess capacity, and not permitting development unless needed facilities and services are provided. Such provision and development may occur
in a phased sequence over time. See Table CIE IX-9, for a detailed listing of Miami Gardens’ LOS standards. b. Schedule of Capital Improvements A schedule of capital improvements program
(CIP) is a schedule for capital expenditures to be incurred each year over a fixed period of years (typically 5 years) to meet anticipated capital needs. The five-year CIP is updated
annually by the City Council. A Capital Improvement amendment schedule is used as an implementing mechanism. Table CIE IX-10, City of Miami Gardens Schedule of Capital Improvements provides
a detailed listing of the City’s projects, cost and schedule. The Schedule must reflect the goals, objectives and policies of the CDMP and be consistent with the implementation strategies.
The Schedule must also be consistent with the Capital Improvements Element of the City’s CDMP, and address the list of projects required to maintain and improve the adopted LOS standards
in accordance with Chapter 163, Florida Statutes. As noted already, the City of Miami Gardens does not have any capital improvement projects that are critical to maintaining or otherwise
improving level of service standards. All such facilities and services are provide by others including but not limited to major transportation facilities and services, potable water,
sanitary sewer, and solid Page 205 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-8 waste. The City will eventually
take over stormwater responsibilities from Miami Dade County. There are not level of service issues regarding services and facilities related to recreation and open space. c. Additional
Capital Improvements As a new city, the City of Miami Gardens is in the process of applying for a myriad of grants and other outside funding sources. Many agencies and organizations
require that the projects, facilities and services being requested be included in the local government’s comprehensive plan. As such, the City has compiled an additional list of capital
projects that are included in Table CIE IX-11, Schedule of Additional Capital Improvements. d. Concurrency Management and Public Facility Monitoring Concurrency Management is established
to ensure that adequate capacity of public facilities is available based on LOS standards adopted in the CDMP. It also ensures that the proper timing, location and design of supportive
facilities and services are concurrent with the impacts of new developments. Concurrency in the City is applied during the development review process. Approval is contingent on demonstrated
compliance with the County’s concurrency ordinance which the City adopted along with other county ordinances. Concurrent to developing and adopting its own land development regulations,
the City of Miami Gardens will adopt a Concurrency Management System (CMS), pursuant to Florida Statutes, Chapter 163, F.S. and Chapter 380, F.S., that insures the availability and sufficiency
of public facilities and services at the time that the impacts of development occur and provides a program to prevent a reduction in the levels of service (LOS) below the adopted LOS
standards. Such a CMS will assure the proper timing, location and design of supportive urban service systems concurrent with the impacts of new development. The following benefits may
also be realized with the adoption of the CMS: • Support consistency of the Capital Improvements Element with the Future Land Use Element; • Provide for the orderly and cost-effective
expansion of public facilities; • Supplement capital improvements expenditures and taxing structures for capital improvements; and • Reduce the possibility of damage to the environment
from the use of overburdened facilities. The Concurrency Management System, the basis of which is incorporated in the Land Use and Capital Improvement Elements, will include the guidelines
for interpreting and applying LOS standards to applications for development orders and development permits. It will establish development review procedures in the City’s Land Development
Regulations that will make development approval Page 206 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-9 contingent on the City’s ability
to provide facilities and services or require that the developer provide facilities and services in order to maintain adopted LOS standards. Petitioners will be required to supply public
facility impact information with their development applications. City staff will review and verify the project information, compare it with public facility capacity data and anticipated
committed development impacts to ensure that adopted LOS standards will be maintained if the development application is approved. If LOS will not be maintained, the petition will be
denied unless the applicant the applicant has presents revised plans demonstrating that the new development shall: • Be serviced with all requisite public facilities concurrent with
the impacts of proposed development; • Provide LOS for all requisite facilities which is compliant with the City’s adopted LOS standards; and • Shall not cause a reduction of levels
of service for existing infrastructure below minimum adopted thresholds. e. Plan Monitoring and Evaluation and Appraisal The City of Miami Gardens will formally evaluate and appraise
this Comprehensive Plan every 5-7
years, pursuant to Florida Statutes and Administrative Rules. The components of this comprehensive process include the updating of socioeconomic and development data, which is then evaluated
to determine if projections were accurate and what trends have occurred. The Goals, Objectives, and Policies of the adopted Plan are then examined for updating, compliance with current
law and introduction of new initiatives for the next planning period. Monitoring measures will be compiled and analyzed. In addition, the City will annually monitor Plan especially with
the Capital Improvements Schedule implementation with respect to goals, objectives and policies as part of the budgeting process. Public participation is built into into the entire process,
which results in a final Evaluation and Appraisal Report (EAR) that will be reviewed and adopted by the Local Planning Agency and City Council, and transmitted to the Florida Department
of Community Affairs (FDCA) for review. Once the EAR is approved by all agencies, EAR-based Plan amendments will be initiated and completed through the State-mandated process. 2. Other
Public Facility Timing and Location Practices In addition to the above listed local practices for controlling the timing and location of construction, extension or increases in capacity
of each public facility, there are several others that pay a major role. The City currently utilizes: user charges and connection fees, mandatory dedications of fees in lieu of, and
moratoria. These practices are described below. Page 207 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-10 a. User Charges and Connection
Fees User charges are payments for the cost of collective services and are primarily used as a financing device by local authorities. This avenue of collection may be applied to recreation
programs and other services. b. Mandatory Dedications of Fees in Lieu of The City may require that, as a condition of plat approval, subdivision developers dedicate a certain portion
of the land in the development for public purposes, such as roads, parks and schools. This contribution may be made to either the City or a private group such as a homeowners association.
In a case where the subdivision is too small or a land dedication cannot be reasonable acquired, the City may require the developer to donate a monetary amount in lieu of dedication
that is equivalent to the amount of land that would otherwise have been dedicated by the developer. The funds may be deposited into a separate account for future use toward the provision
of a public facility. c. Moratorium A moratorium is a temporary postponement of development for a specified period of time on an emergency basis authorized by City Council. This would
suspend activities such as building permits, development approvals or governmental services. Moratoria may generally be imposed for a reasonable time frame to allow for comprehensive
plan preparation, adoption and/or amendment such a Planned Town Centers. The City of Miami Gardens established a moratorium for the preparation and adoption of its future town center,
which was adopted as a master zoning plan in May 2006. 3. General Fiscal Implications of Existing Deficiencies and Future Needs Table CIE IX-10, City of Miami Gardens Five-Year Capital
Improvements Program, and Table CIE IX-11, City of Miami Gardens Additional Capital Improvements, list those capital facilities that have been identified to help address existing deficiencies
and projected needs for which the City has operation and maintenance responsibility. a. Transportation The City of Miami Gardens has developed a Transportation Master Plan to unify the
vision of the community and provide mobility options. As such, proposed improvements targeted for bicycle, pedestrian, and transit facilities within Miami Gardens are identified to provide
a balance to the existing transportation system and subsequently incorporation into the City’s Five-Year Schedule of Capital Improvements when such projects involve City funding and
responsibility. The Transportation Master Plan project list/project bank described in the Transportation Element includes Capital projects that consider transit, streetscape/beautification,
traffic calming, pedestrian and bicycle safety, and intersection improvements. Page 208 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-11 While the City has identified several
transportation projects being implemented by the City, there are no City projects that would be necessary for maintaining or improving the transportation level of service. Table CIE
IX-10 lists timing, cost estimates, and potential revenues sources for City projects. These projects generally reflect the City’s responsibilities in implementing the Transportation
Master Plan projects. Other agencies, especially the Florida Department of Transportation, Miami Dade Transit, and Miami Dade County, are responsible for maintaining the level of service
for transit as well as for roadways. Funding for such roadway and transit transportation projects is through a combination of local (County PTP), state and federal sources. While there
are numerous transit improvements planned by Miami Dade Transit listed in the Transportation Element, there are no significant roadway capacity improvements planned at this time. b.
Public Parks (Recreation and Open Space) There are no deficiencies in the City’s level of service for parks relative LOS for recreation and open space. As such, there are no proposed
capital improvements for parks that would be critical to maintaining level of service standards, i.e., adding lands. While that is true, the City should take appropriate opportunities
to add land to existing parks where feasible and appropriate. While level of service is not an issue per se, the City plans substantial facility improvements to better serve its citizens.
The short-range priority for the City is to renovate sixteen (16) parks and four (4) pools with amenity enhancements totaling $32 million over the next 5 years. These parks improvements
are summarized in the Recreation and Open Space Element. Table CIE IX-4 list existing parks in the city. Table CIE IX-10 illustrates timing, cost estimates and potential revenues sources
for future future park projects. Funding sources include City impact fees, developer contributions, grants, and General Fund. Together these sources provide for a financially feasible
parks and recreation renovation and improvement plan. c. Stormwater Drainage The South Florida Water Management District (SFWMD) and Miami-Dade County currently regulate and/or operate
all stormwater management facilities and programs within the City’s boundaries; however, the City of Miami Gardens is evaluating evaluated the feasibility of taking control of this stormwater
infrastructure. Currently, the City is preparing a Stormwater Master Plan that includes an assessment of the current stormwater management system within its boundaries. In February 2007
the City completed its first Stormwater Master Plan that included an assessment of its current stormwater management system within its boundaries. The primary objective for the City’s
stormwater master plan is to inventory the existing system and develop a plan to correct existing deficiencies. Stormwater facility improvement recommendations will be developed based
upon the ability of the existing drainage facilities to maintain the adopted LOS standards within the City. These recommendations will be incorporated in the Page 209 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-12 Five-Year Schedule of Capital Improvements,
which will detail the financial resources necessary to plan, construct, operate and maintain the City’s stormwater management program. The master plan will identify pre-existing drainage
deficiencies in the City of Miami Gardens and will prioritize improvements, and provide for maintenance cost, schedule and responsibilities. Funding of the Stormwater Master Plan comes
primarily from the South Florida Water Management District. Capital projects proposed in the Stormwater Master Plan will be funded from the stormwater utility fees currently administered
by Miami Dade County. d. Potable Water The Miami-Dade County Water and Sewer Department (WASD) and the City of North Miami Beach operate and maintain the potable water system. No improvements
are planned by the City of Miami Gardens. e. Sanitary Sewer The Miami-Dade County Water and Sewer Department (WASD) serves as the governing authority responsible for the collection,
transmission, primary and secondary treatment, and pumping facilities in Miami Gardens. The majority of land area within the city is connected to WASD’s sanitary sewer system for wastewater
treatment. Isolated commercial and single-family residential land uses within the city utilize septic tanks for sewage treatment. There are no sanitary sewer improvements projects programmed
or planned in the City by Miami Dade WASD or North Miami Beach. f. Solid Waste Per the City’s Charter, the Miami-Dade County Department of Solid Waste Management (DSWM) is responsible
for the collection and disposal of commercial and single family residential solid waste generated within Miami Gardens. The county also provides curbside recycling service to its residential
customers. Solid waste from non-residential and multifamily residential properties is collected by private waste haulers and disposed of at one of Miami-Dade County’s sites contracted
to receive these materials. User fees pay for all service and facility improvements. No solid waste improvements are planned by the City nor are any such improvements planned within
the City by Miami Dade County. g. Other Capital Improvements As already noted, the City is in the a continuous process of applying for various grants and funding programs. As such, many
applications for such funding require that the improvements be listed in the city’s comprehensive plan. As such, the City has developed Table CIE IX-11. h. Cost Analysis of Capital Improvements
and Basis of Cost Estimates Page 210 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-13 • All costs estimates shown in
Tables CIE IX-10 and 11 are based on 2008 – 2009 2009-2010 dollars. Due to inflationary factors associated with national and state economies, these costs are likely to increase over
the extent of the planning period. The City will update projects costs on an annual basis to reflect more accurate project costs. • The method employed to reach cost estimates for each
proposed capital improvement varies according to its respective public facility. The basis for these cost estimates is summarized as follows: • Public Parks and Public Buildings: City
of Miami Gardens Parks and Recreation Department • Transportation Improvements: City of Miami Gardens Transportation Master Plan and Florida Department of Transportation (FDOT) 5-Year
work program. • Drainage Improvements: The City of Miami Gardens Public Works Department is the department responsible for implementing drainage improvements. Cost estimates for drainage
improvements will be available upon the completion of the Stormwater Master Plan for the Miami Gardens. E. IMPACT OF PROPOSED PUBLIC SCHOOL OR MEDICAL SYSTEM FACILITIES ON PUBLIC FACILITIES
Pursuant to the Amended and Restated Interlocal agreement for Public School Facility Planning that the City entered into with Miami-Dade County on December 12, 2007, the City will coordinate
land use and public school facilities planning with all affected parties of the Agreement. As detailed in the Public School Facilities Element, the Miami-Dade County Public School Board
has proposed to completely replace two high schools within the Miami Gardens area. Any impacts that these schools will place on the City’s public facilities will be addressed on a case-by-case
basis. It is anticipated that because these are replacement schools, there will not be any significant effect on current or proposed levels of services for short and long–range planning
periods. Neither a hospital nor other major public health facility has been established within the City. Any improvements to the closest area hospitals will not have a direct significant
impact on the City of Miami Gardens. F. TIMING AND LOCATION OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE FUTURE LAND USE PLAN The City’s CDMP has incorporated management concepts that
require the efficient location and timing of supportive urban infrastructure to service existing and anticipated future development. Existing and anticipated future land use patterns
are included in the Future Land Use Element Data, Inventory and Analysis. The Future Land Use Map (FLUM) is adopted as part of the CDMP Goals, Objectives and Policies. Page 211 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-14 Management techniques which have
been applied in order to control the location, timing and design of public facilities are summarized below. Application of the following techniques has been mandated through goals, objectives
and policies within the Future Land Use, Transportation, Infrastructure and Capital Improvements Elements. This section primarily emphasizes techniques applicable to the location, timing
and design of potable water and wastewater systems as well as traffic circulation improvements since these facilities most significantly impact the location and timing of future development
and redevelopment. These techniques are as follows: a. Minimum levels of service standards have been adopted for potable water, sanitary sewer, solid waste, drainage, recreation and
open space and the transportation system. b. Principles to establish a concurrency management system (CMS) are incorporated in the Future Land Use Element, Transportation Element, and
Capital Improvements Element. The CMS shall assure the proper timing, location and design of supportive urban service systems concurrent with impacts of new development. This management
program will stipulate that no new development will be approved unless the applicant has presented plans demonstrating that the new development shall: o Be serviced with all public facilities
concurrent with the impacts of development; o Provide a level of service for all facilities in compliance with the City’s adopted LOS standards; and o Shall not cause a reduction of
level of service for existing infrastructure below minimum adopted thresholds. c. A Five Year Schedule of Capital Improvements is included herein. (see Table CIE IX-10). Because the
City of Miami Gardens was an already-established community that was substantially developed at the date of incorporation, responsibilities for services and facilities had already been
established. Those already-established responsibilities are reflected in the City’s Charter. At the date of this writing, the City has responsibility for parks facilities for which there
are no foreseen deficiencies in level of service, existing or anticipated. The City completed its Stormwater Master Plan in Spring 2007 and took over the stormwater utility from Miami
Dade County, and incurred the responsibility for drainage facilities and services. At that time, the City will update the Schedule of Capital Improvements with a prioritized project
list. d. The City’s budget process provides a process for annually inventorying and evaluating needed public improvements within the context of a public and continuing process. This
provides the basis to then amend the Schedule of Capital Improvements included in the Capital Improvements Element of the Comprehensive Development Master Plan. Each year a capital improvement
budget is adopted which describes capital improvements expenditures Page 212 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-15 programmed for the current fiscal
year as well as a schedule of anticipated capital improvements that are programmed over the next five-year period. While many of these improvements are not related to facilities and
services included in the Comprehensive Development Master Plan, the ones that are related to the plan must be reviewed and evaluated to insure consistency with the Plan. Major factors
included in the Schedule of Capital Improvements include the following: o The nature of the respective projects, including location and brief project descriptions; o Estimated cost of
respective projects; o Scheduled phasing and/or timing of respective projects; and o Identification of other governmental or private entities responsible for assisting in the execution
of capital improvements. This consideration incorporates intergovernmental coordination concepts which which link local interests with those of Miami Dade County, state and regional
agencies and special purpose districts. e. The Transportation, Infrastructure, and Capital Improvements Elements include stipulations that commit the City to continued enforcement of
performance standards and level of service standards that are integrated within the City’s land development regulations. These standards address the location, timing and design of on
and off-site facilities required to ease anticipated impacts of proposed new development. f. Impact analysis, availability of water and wastewater systems, surface water management improvements
and recreation. g. The City of Miami Gardens has adopted intergovernmental coordination policies to assure continued coordination with local, state and regional agencies that are responsible
for major components of urban infrastructure. G. CONCLUSION In order to support the goals, objectives and policies of the future land use element of the CDMP, as well as to provide an
efficient approach to land development, Table CIE IX-5 shows projected expenditures versus revenues for the City. The CIP analysis considers plans of regional agencies such as MPO’s
TIP, Miami-Dade County’s Water Supply Plan and other related agencies that provide public facilities to the City. The projects listed in Table CIE IX-10 are sufficient for their timing
and to support efficient land development and to support the goals, objectives and policies of the Future Land Use Element of the CDMP. Funding sources are noted with all priority projects
and additional capital improvement projects in Table CIE IX -11. Table CIE IX-12 shows a comparison between expeditures and operating revenues for the period of FY 08-09 09-10 through
FY 13-14 14-15. This is intended to demonstrate the financial feasibility of the CDMP. Tables CIE IX-5 and CIE IX-12 present a financial feasible scenario Page 213 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-16 because they demonstrate a surplus
and the City’s ability to finance capital improvements necessitated by the anticipated population and revenues. The listing of capital projects in Table CIE IX-10 is considered financially
feasible within the five-year period based on the current revenue projections and sources of funding. Chapter 163 of the Florida Statutes requires sufficient revenues be available for
the first three years or will be available from committed or planned funding sources for years 4 and 5 of a 5-year capital improvement schedule. The City has established the entire City
proper as an urban service area. While the City is committed to renovation and master planning of its existing parks, there are no required capital improvements necessary to maintain
the level of service for open space and recreation. While supporting the North Corridor Metrorail Extension and other Miami Dade Transit improvements and services, the City does not
fund or otherwise provide these facilities and services. Other than potential intersection improvements, there are no proposed road capacity improvements on roads in Miami Gardens; all
major roads are maintained by entities other than the City. Similarly, potable water and sanitary sewer services are provide by Miami Dade County, primarily through user fees. As noted
in the Future Land Use Element and Infrastructure Elements, there is very little change anticipated between the existing Miami Dade County Comprehensive Development Master Plan and the
City of Miami Gardens Comprehensive Development Master Plan. The difference between the two plans regarding infill development of vacant lands is insignificant. Redevelopment is encouraged
along existing and well-established major transportation corridors which are served by existing central services plus major transportation infrastructure and services. These corridors
are designated as Commerce areas. The City’s Neighborhood areas will not require major infrastructure because facilities and services are already in place. Page 214 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-17 Table CIE IX -1: Miami-Dade Hospitals
Within 12 Miles of the City of Miami Gardens NAME ADDRESS BEDS MILES Aventura Hospital 20900 Biscayne Blvd, Aventura, FL 33180 407 6.9 Jackson Memorial 1611 NW 12 Avenue, Miami, FL 33136
1567 11.5 Memorial West 703 North Flamingo Road, Pembroke Pines, FL 33023 174 12 Palmetto General 2001 West 68 Street, Hialeah, FL 33016 360 8.9 Jackson North 160 NW 170 Street, North
Miami Beach, FL 33169 382 2.2 Source: Miami Dade County, City of Miami Gardens Planning and Zoning Department, July 2006 Table CIE IX -2: Health Care Facilities in Miami Gardens NAME
ADDRESS North Dade Neighborhood Center 16545-55 NW 25 Avenue, Miami Gardens, FL 33054 Department of Health 1725 NW 167 Street, Miami Gardens, FL 33056 Sources: City of Miami Gardens
Planning and Zoning Department, July 2006 Page 215 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-18 Table CIE IX -3: Public Schools
Inventory SCHOOL NAME ADDRESS ACRES ELEMENTARY SCHOOLS (K-5) Barbara Hawkins Elementary 19010 NW 37 Av.; Miami Gardens 33056 26 Brentwood Elementary 3101 NW 191 St.; Miami Gardens 33056
10.9 Bunche Park Elementary 16001 Bunche Park Dr.; Miami Gardens 7.6 Carol City Elementary 4375 NW 173 Dr.; Miami Gardens 33056 10.9 Crestview Elementary 2201 NW 187 St.; Miami Gardens
33056 6.5 Golden Glades Elementary 16520 NW 28 Av.; Miami Gardens 33054 7 Hibiscus Elementary 18701 NW 1 Av.; Miami Gardens 33169 6.3 Lake Stevens Elementary† 5101 NW 183 St.: Miami,
FL 33055 -Miami Gardens Elementary 4444 NW 195 St.; Miami Gardens 33055 13.5 Myrtle Grove Elementary 3125 NW 176 St.; Miami Gardens 33056 9.3 Norland Elementary 19340 NW 8 Court; Miami
Gardens 33169 24.1 North County Elementary 3250 NW 207 St.; Miami Gardens 33056 8.2 North Dade Center for Modern Language* 1840 NW 157 St.; Miami Gardens 33054 10.3 North Glade Elementary†
5000 NW 177 St.; Miami, FL 33055 -Norwood Elementary 19810 NW 14 Ct.; Miami Gardens 33169 10.1 Parkview Elementary 17631 NW 20 Av.; Miami Gardens 33056 8.7 Parkway Elementary 1320 NW
188 St.; Miami Gardens 33169 7.9 Rainbow Park Elementary 15355 NW 19 Av.; Miami Gardens 33054 6.4 Scott Lake Elementary 1160 NW 175 St.; Miami Gardens 33169 8.5 Skyway Elementary 4555
NW 206 Terr.; Miami Gardens 33055 7.9 MIDDLE SCHOOLS (6-8) Carol City Middle 3737 NW 188 St.; Miami Gardens 33055 26 Lake Stevens Middle† 18484 NW 48 Pl.; Miami, FL 33055 -Norland Middle
1235 NW 192 Terr.; Miami Gardens 33169 13.9 North Dade Middle* 1840 NW 157 St.; Miami Gardens 33054 10.3 Parkway Middle 2349 NW 175 St.; Miami Gardens 33056 18.4 Andover Middle 1450
NE 2nd Avenue; Miami Gardens 33169 9 SENIOR HIGH SCHOOLS (9-12) Hialeah-Miami Lakes Senior High † 7977 West 12 Av.; Hialeah, FL 33014 -Miami Carol City Senior High 3422 NW 187 St.; Miami
Gardens 33056 29 Miami Norland Senior High 1050 NW 195 St.; Miami Gardens 33169 24 *Note: North Dade Middle and North Dade Center for Modern Language are located within the same facility.
† Schools located outside city boundaries, but serve a significant number of students residing in Miami Gardens. Source: Miami Dade County School Board and City of Miami Gardens Planning
and Zoning Department, October 2008. Page 216 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-19 Table CIE IX -4: Public Parks Inventory
PARK NAME PROPERTY ADDRESS ACREAGE Andover Park NW 209 St. & 1 AVE. 2.87 Brentwood Park NW 195 St. & NW 32 Ave. 10.00 Brentwood Pool 18800 NW 28 Place 4.50 Buccaneer Park 3100 NW 207
St. 5.50 Bunche Park & Pool 15600 Bunche Park Dr. West 7.11 Carol City Community Center Park NW 199 St. & 27 Ave. 24.00 Carol Park 4250 NW 178 St. 5.66 Cloverleaf Park 303 NW 191 St.
1.27 Lake Lucerne Park 20701 NW 22 Ave. 2.00 Library Walking Trail (County Park) East of North-Dade Regional Library and South of Dolphin Stadium 26.18 Miami Carol City Park 3201 NW
185 St. 16.61 Myrtle Grove Park & Pool 3030 NW 179 St. 7.69 North Dade Optimist Park 19455 NW 12 Ave. 4.13 Norwood Park & Pool 19401 NW 14 Ave 4.94 Risco Park 19000 NW 37 Ave 16.40 Rolling
Oaks Park 18701 NW 17 Ave. 39.53 Scott Park 17710 NW 15 Court 9.70 Scrub Oak Preserve (County Park) Natural Preserve Area south of Dolphin Stadium 6.28 Vista Verde Park 21001 NW 39 Ave.
4.82 Watermen Park South of Lot 21, Block 2 of Jordan’s Landing Plat 1.00 Source: City of Miami Gardens Development Services Department, April 2005 Page 217 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-20 Table CIE IX -5: City of Miami
Gardens Budget Summary, FY 08-09-10 ALL FUNDS ESTIMATED FY 08-09 (unaudited) BUDGETED FY 09-10 PERCENT CHANGE REVENUES Taxes 23,683,854 23,089,178 0.0 Franchise Fees 5,588,428 5,779,802
3.42 Intergovernmental Revenue 9,766,431 9,998,000 2.38 Utility Taxes 13,954,091 14,569,760 4.41 Fuel Taxes 2,295,000 2,335,000 -1.74 Fines and Forfeitures 361,000 377,000 4.43 Licenses&
Permits 4,258,000 4,510,000 5.92 Miscellaneous 4,088,726 8,162,417 86.94 Charges for Services 2,322,071 2,140,250 -7.83 Grants and /Loans/Bonds 17,668,752 37,606,182 112.80 Interfund
Transfers 27,100,375 20,721,455 33.88 Appropriated Fund Balance 23,733,377 20,800,094 -12.36 TOTAL OPERATING REVENUES 134,820,105 150,089,138 11.32 EXPENDITURES Personnel Services (1)
44,600,121 53,451,116 19.85 Operating Expenses (Including Debt Service) 42,257,762 46,559,174 10.18 Capital Outlay (2) 42,419,763 43,734,512 3.1 Administrative Charges 1,274,304 1,301,939
2.12 Contribution to CIP 12,029,717 14,418,284 16.6 Contribution to Reserve 0 0 0 Debt Services 5,542,459 6,344,306 14.47 TOTAL OPERATING EXPENDITURES 148,124,126 165,809,331 11 NOTES
* FY 2008-2009 2009-2010 Estimate Source: City of Miami Gardens Annual Operating Budget FY 2008-2009 2009-2010. Page 218 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page IX-21 Table CIE IX -6: Projection of
Ad Valorem Tax Revenues Year Projected Taxable Value (000) Millage Rate Projected Revenue 2009 4,695,454 5.1402 24,135,573 2010 4,503,604 5.3734 24,199,666 2011 4,548,640 5.3734 24,441,662
2012 4,730,586 5.3734 25,419,329 2013 4,967,115 5.3734 26,690,295 2014 5,265,142 5.3734 28,291,713 2015 5,581,050 5.3734 29,989,216 Methodology: 2008 and 2009 2009 and 2010 known; 2010-2014
2011-2015 projected based on 2008/2009/2010 trend. Source: City of Miami Gardens Planning and Zoning Finance Department; October, 2008 December 2009. Page 219 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY & ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-22 Table CIE IX -7: Projections of
Non-Ad Valorem Tax Revenues REVENUES FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FRANCHISE FEES Electric 4,564,802 4,564,802 4,610,450 4,771,816 4,938,829 5,111,688 Gas 160,000
161,600 163,216 164,848 166,497 168,162 Solid Waste 1,050,000
1,081,500 1,119,353 1,158,530 1,199,078 1,241,046 UTILITY TAXES Electricity 5,609,562 5,609,562 5,665,658 5,863,956 6,069,194 6,281,616 Water 955,740 974,855 994,352 1,014,239 1,034,524
1,055,214 Gas 277,000 282,540 288,191 293,955 299,834 305,830 LICENSES & PERMITS Occupational Licenses 1,345,000 1,345,000 1,345,000 1,345,000 1,345,000 1,345,000 Certificates of Use
350,000 350,000 350,000 350,000 350,000 350,000 Landlord Permits 195,000 196,950 198,920 200,909 202,918 204,947 Lien Searches 50,000 50,000 55,000 60,500 66,550 73,205 Alarm Permit
Fees 35,000 36,050 37,132 38,245 39,393 40,575 Lien reduction Applications 127,759 128,000 128,000 0 0 0 Bid Spec Fees 10,000 10,000 10,000 10,000 10,000 10,000 Judgment & Fines 340,000
349,450 359,231 371,804 382,281 393,125 Other Licenses, Fees & Permit 35,000 35,350 35,704 36,061 36,421 36,785 Source: City of Miami Gardens Finance Department, October 2008 December
2009. Table CIE IX -8: Projections of Operating Costs FUND FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Transportation 4,161,018 4,285,973 4,457,957 4,637,270 4,824,241 5,019,214
Parks 9,782,800 10,052,743 10,431,583 10,825,652 11,235,599 11,662,103 Source: City of Miami Gardens Finance Department, October 2008 December 2009. Page 220 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-23 Table CIE IX -9: Miami Gardens
Level of Service Standards TRANSPORTATION LEVEL OF SERVICE TABLE Facility Type Location Inside Miami Gardens Roadways Parallel to Exclusive Transit Facilities Inside Transportation Concurrency
Management Areas FIHS/SIS -Limited Access Highway LOS D [E] LOS E LOS D [E] FIHS/SIS -Controlled Access Highway LOS D LOS E LOS E Non -FIHS/SIS Facilities --Areawide LOS E* Notes: FIHS
= Florida Intrastate Highway System. SIS = Strategic Intermodal System LOS inside of [brackets] applies to general use lanes only when exclusive through lanes exist. * The overall average
LOS within each TCMA shall remain at E or better. FACILITIES LEVEL OF SERVICES STANDARDS Potable Water Miami-Dade County Service Area Level of Service Standard • Regional Treatment:
The regional treatment system shall operate with a rated capacity no less than 2 percent above the maximum daily flow for the preceding year and an average daily capacity 2 percent above
the average daily system demand for the preceding 5 years. • Water Quality: Water quality shall meet all federal, state, and county primary standards for potable water. • Countywide
Storage Capacity: County-wide storage capacity for Page 221 of 381
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STANDARDS finished water shall equal no less than 15 percent of the countywide average daily demand. • Water is delivered to users at a pressure no less than 20 pounds per square inch
(psi) and no greater than 100 psi. • Miami Gardens will adopt the County’s system-wide per capita of 155 gallons per capita per day as its LOS. • The minimum fire flows maintained by
WASD shall be based on the following land uses: Single Family Residential/Estate, Single Family, Duplex, and Residential on minimum lots of 7,500 square feet, Multifamily Residential;
Semiprofessional Offices, Hospitals; Schools, Business and Industry. City of North Miami Beach Service Area Level of Service Standard • Potable Water: the City's water system shall provide
144 gallons per person per day at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a water pressure of 40 pounds per square inch (psi) although 20 psi is
the legal minimum. • Miami Gardens will adopt the LOS standards of 144 gallons per person per day consistent with North Miami Beach level of service standards. Sanitary Sewer Miami-Dade
County Service Area Level of Service Standard • Regional wastewater treatment plants shall operate with a physical capacity of no less than the annual average daily sewage flow. • Effluent
discharged from wastewater treatment plants shall meet Page 222 of 381
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STANDARDS all federal, State, and County standards. • The system shall maintain the capacity to collect and dispose of 102 percent of average daily sewage demand for the preceding 5
years. City of North Miami Beach Service Area Level of Service Standard • The sanitary sewer collection system within the City shall accommodate an average daily flow of at least 85
gallons per person per day. • The County treatment and disposal system shall operate with a design capacity of 2 percent above the daily flow of the preceding year. Otherwise, septic
tanks shall be the level of service. Stormwater Drainage Water Quality Standard. Stormwater facilities shall meet the design and performance standards established in Chapter 62-25, Florida
Administration Code (FAC), with treatment of the runoff from the first one inch of rainfall onsite to meet the water quality standards required by Chapter 62-302, Rule 862-302.500, FAC
Water Quantity Standard. Where two or more standards impact a specific development, the most restrictive standard shall apply: • Post-development runoff shall not exceed the predevelopment
runoff rate for a 25-year storm event, up to and including an event with 24-hour duration. • Treatment of the runoff from the first one inch of rainfall onsite or the first ½ inch of
runoff from impervious areas, whichever is greater. Solid Waste Maintain solid waste disposal capacity sufficient enough to accommodate waste flows to the system through long-term Page
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STANDARDS interlocal agreements or contracts along with anticipated noncommitted waste flows for a period of five (5) years (Same as Miami Dade County). Public Schools Pursuant to state
law and administrative rules, the City shall coordinate with the Miami-Dade School Board and adopt a School Concurrency Program with an accompanying Level of Service Standard of 100%
utilization of Florida Inventory of School Houses (FISH) capacity (With relocatable classrooms) that will ensure the adequate supply of schools to serve the student population in the
City of Miami Gardens. Public Parks 1.0 acre(s) of public park facility per 1,000 residents. Page 224 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-27 Table CIE IX -10: City of Miami
Gardens Schedule of Capital Improvements PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE RECREATION AND
OPEN SPACE Andover Park $204,769 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Brentwood Park $200,000 TBD TBD TBD TBD TBD General Revenues, Fees
and Taxes, Assessments, Grants and Bonds Brentwood Park $20,000 $20,000 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Buccaneer Park Renovations & Improvements TBD
TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Buccaneer Park $510,285 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants
and Bonds A.J King Park Renovations & Improvements $245,500 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Page 225 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-28 Cloverleaf Park Renovations
& Improvements $163,788 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14
FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Lake Lucerne Park $231,588 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Miami Carol City Park
Complex Renovations & Improvements $590,734 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Miami Carol City Park $809,010 $300,000 $300,000 $1,409,010
General Revenues, Fees and Taxes, Assessments, Grants and Bonds MG Center $18,315,470 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds MG Recreation
Center $10,784,854 1,000,000 $11,784,854 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Myrtle Grove Park $195,440 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes,
Assessments, Grants and Bonds Norwood Park and Pool $441,664 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Page 226 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-29 Assessments, Grants and Bonds
Norwood Park and Pool $354,652 $354,652 General Revenues, Fees and Taxes, Assessments, Grants and Bonds PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14
FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Risco Park Renovations & Improvements $0 $0 $0 $0 $0 $0 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Scott Park Renovations
& Improvements TBD TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Vista Verde Park $199,000 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes,
Assessments, Grants and Bonds Bunche Park $1,592,051 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Bunche Park $1,466,170 $1,466,170 General Revenues,
Fees and Taxes, Assessments, Grants and Bonds Rolling Oaks Park $5,849,169 TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Page 227 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-30 Rolling Oaks Park and Trail
$4,159,933 $500,000 $1,500,000 $1,500,000 $7,659,933 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Rolling Oaks Land Addition $2,700,000 TBD TBD TBD TBD TBD General
Revenues, Fees and Taxes, Assessments, Grants and Bonds PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE
Rolling Oaks Land Addition $2,436,700 $2,436,700 General Revenues, Fees and Taxes, Assessments, Grants and Bonds North Dade Optimist Club Park $726,384 TBD TBD TBD TBD TBD General Revenues,
Fees and Taxes, Assessments, Grants and Bonds North Dade Optimist Park $1,041,084 $1,041,084 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Miscellaneous Parks $457,962
TBD TBD TBD TBD TBD General Revenues, Fees and Taxes, Assessments, Grants and Bonds Miscellaneous Parks $500,000 $500,000 $1,000,000 $500,000 $2,500,000 General Revenues, Fees and Taxes,
Assessments, Grants and Bonds New Park $1,500,000 $1,500,000 General Revenues, Fees and Taxes, Assessments, Grants Page 228 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-31 and Bonds Senior Center $400,000
$400,000 $100,000 $100,000 $1,000,000 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Spirit of Christ Land $100,000 $100,000 General Revenues, Fees and Taxes, Assessments,
Grants and Bonds PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE RECREATION AND OPEN SPACE SUBTOTAL $21,572,403
$1,700,000 $2,900,000 $2,100,000 $2,500,000 $500,000 $31,272,403 TRANSPORATION Miami-Dade County-Metropolitan Planning Organization (TIP) 1. S.R. 860/Miami Gardens Dr. $10,186,000 $400,000
Miami-Dade Metropolitan Planning Organization (Transportation Improvement Program) Federally-Funded Projects 2. S.R. 7/N.W. 2nd Ave. $5,209,000 Miami-Dade Metropolitan Planning Organization
(Transportation Improvement Program) Federally-Funded Page 229 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-32 Projects SR 7/NW 2nd Ave. 9From
NW 176 St. to 1200' S of NW 215 St. Resurfacing). $5,209,000 $5,209,000 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. 3. S.R. 826/Palmetto Expy.
$7,000,000 Miami-Dade Metropolitan Planning Organization (Transportation Improvement Program) Federally-Funded Projects PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY
12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE SR 826/Palmetto Expwy (from SR 93/I-75 to Golden Glades Interchange. PD&E/EMO Study). $7,050,000 $7,050,000 Miami-Dade
Metropolitan Planning Organization -2010 Transportation Improvement Program. 4. S.R. 826/Palmetto Expy. $5,660,000 Miami-Dade Metropolitan Planning Organization (Transportation Improvement
Program) Federally-Funded Projects Page 230 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-33 SR 826/palmetto Expwy (from
NW 67 Ave. to NW 47 Ave. Add Auxillary Lane(s).) $5,660,000 $5,660,000 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. 5. City Wide School Safety
Pgrm. $100,000 $900,000 Miami-Dade Metropolitan Planning Organization (Transportation Improvement Program) Federally-Funded FDOT District VI Projects PROJECT ADOPTED FY 08-09 ADOPTED
FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE 6. S.R.826/N.W. 167th Ave. $676,000 $476,000 $18,000 Miami-Dade Metropolitan Planning Organization
(Transportation Improvement Program) Federally-Funded Projects SR 826/NW 167 St. (From SR 817/NW 27 Ave. to NW 27 Ave. EB Offramp. Intersection -Modify). $476,000 $18,000 $494,000 Miami-Dade
Metropolitan Planning Organization -2010 Transportation Improvement Program. 7. Snake Creek $350,000 $3,350,000 Miami-Dade Page 231 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-34 Trail Metropolitan Planning
Organization (Transportation Improvement Program) Federally-Funded Projects Snake Creek Trail (from NE Miami Gardens Drive to NW 17 Ave/Turnpike. Bike Path/Trail). $400,000 $3,829,000
$4,229,000 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15
TOTAL COST (FY 09-TO 15) FUNDING SOURCE 8. MDTA-North Corridor $1,960,000 Miami-Dade Metropolitan Planning Organization (Transportation Improvement Program) Federally-Funded FDOT District
VI Projects MDTA North Corridor (From Martin Luther King Jr. Metrorail Station to Miami-Dade/Broward County Line. Metrorail $30,764,000 $66,899,000 $56,000,000 $56,000,000 $56,000,000
$265,663,000 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. Page 232 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-35 Extension). NW 7th Ave.(From
183 St. to 199 St. Widening, Drainage, Pavement Markings). $2,122,000 $2,122,000 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. SR 826/7 Ave.
Ext. (from 850' SW of NW 7 Ave. to SR7/US 441/NW 2nd Ave. Resurfacing). $0 $0 $0 $0 $0 $0 $0 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. PROJECT
ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Sr 7/N 7 Ave. (from NW 159 St. to NW 177 St. Landscaping.) $4,140,000
$699,000 $165,000 $5,004,000 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. Miami-Dade Countywide ADV Traveler Information System. Electronic
Signs/Monitoring. $20,000 $20,000 $40,000 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. Page 233 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-36 9. Resurface Miami-Dade Mainline
( From Golden Glades to Milepost 3.34) $300,000 $3,182,000 $3,482,000 Miami-Dade Metropolitan Planning Organization -2010 Transportation Improvement Program. MPO-TIP SUBTOTAL $38,222,000
$88,719,000 $60,012,000 $56,000,000 $56,000,000 $0 $298,953,000 FDOT, District VI-Five Year Work Program Non-Intrastate State Highway-SR 860, SR 7, SR 817 Landscaping Routine Maintenance
$31,357 $31,357 $31,357 $31,357 $31,357 Florida Department of Transportation FDOT District VI Non-Intrastate State Highway-SR 860, SR 7, SR 817 Landscaping Routine Maintenance $31,357
$31,357 Florida Department of Transportation FDOT District VI PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING
SOURCE Intrastate Turnpike-Construct Ort Plaza at Miami Gardens (Golden Glades Toll Plaza) SIS $$22,725 SIS Florida Department of Transportation FDOT District VI Page 234 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-37 Transit-MDTA – North Corridor
Metro rail Extension Along NW 27th Ave. (Fixed Guideway Improvements) $52,911,000 $60,302,000 $68,983,000 $68,983,000 $68,983,00 0 Florida Department of Transportation FDOT District
VI Transit-MDTA – North Corridor Metro rail Extension Along NW 27th Ave. (Fixed Guideway Improvements) $24,750,000 $24,750,000 Florida Department of Transportation FDOT District VI Transit-MDTA
– North Corridor Metro rail Extension Along NW 27th Ave. (Fixed Guideway Improvements) $2,450,000 $2,450,000 Florida Department of Transportation FDOT District VI PROJECT ADOPTED FY
08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Transit-MDTA – North Corridor Metro rail Extension Along NW 27th Ave. (Fixed
Guideway Improvements) $2,450,000 $2,450,000 Florida Department of Transportation FDOT District District VI Page 235 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-38 Non-System Specific-Snake Creek
Trail from NE Miami Gardens Dr. to NW 17th Ave./Turnpike Preliminary Engineering/Construction (Bike Trail) $400,000 $3,828,571 Florida Department of Transportation FDOT District VI Non-System
Specific Snake Creek Trail from NE Miami Gardens Drive to NW 17 Ave./Turnpike Bike Path/Trail. $645,000 $5,255,000 $5,900,000 Florida Department of Transportation FDOT District VI Non-Intrastate
State Highway-SR 817/NW 27th Ave. from SR 9/NW 27th Ave. to NW 187th St. (Resurfacing) $12,728 Florida Department of Transportation FDOT District VI PROJECT ADOPTED FY 08-09 ADOPTED
FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Non-Intrastate Off State Highway (NW 13/12th Ave. from NW 155 Drive to NW 179 St. Resurfacing)
$437,767 $437,767 Florida Department of Transportation FDOT District VI ARRA-FTA 5307 City of Miami $1,061,808 $1,061,808 Florida Department of Transportation FDOT Page 236 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-39 Gardens Urban Formula Funding
(Capital for Fixed Route) District VI Non-Intrastate off State Highway ( NW 12 Ave. from NW 183rd St. to NW 199 St. Resurfacing) $100,000 $100,000 Florida Department of Transportation
FDOT District VI Non-Intrastate Off State highway (NW 175 St. from NW 47 Ave. to NW 12 Ave. Resurfacing.) $291,860 $291,860 Florida Department of Transportation FDOT District VI Non-Intrastate
off State Highway (NW 191 St. from NW 47 Ave. to NW 27 Ave. Resurfacing). $319,571 $319,571 Florida Department of Transportation FDOT District VI PROJECT ADOPTED FY 08-09 ADOPTED FY
09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Non-Intrastate off State highway (NW 199 St. from NW 47 Ave. to SR 817/NW 27 Ave. Resurfacing).
$362,482 $362,482 Florida Department of Transportation FDOT District VI Page 237 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-40 Non-Intrastate Off State highway
(NW 22 Ave. from NW 79 St. to SR 826/Palmetto Expy. Lighting) Project partially in Miami Gardens. $2,360,000 $2,360,000 Florida Department of Transportation FDOT District VI Non-Intrastate
Off State Highway (NW 32 Ave. from NW 199 St. to NW 183 St. Resurfacing). $210,000 $210,000 Florida Department of Transportation FDOT District VI Non-Intrastate Off State highway (NW
42 Ave. from NW 156 St. to NW 1919 St. Resurfacing). $413,640 $413,640 Florida Department of Transportation FDOT District VI Non-Intrastate State Highway (SR 817/NW 27 Ave. at NW 207
St. Intersection -Modify). $18,144 $199,636 $217,780 Florida Department of Transportation FDOT District VI PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14
FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Intrastate State Highway (SR 826/Palmetto Expy Expy from NW 22 Ave. to NW 8 Ave. Landscaping). $139,000 $1,214,808 $166,452 $1,520,260
Florida Department of Transportation FDOT District VI Page 238 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-41 Intrastate State Highway (SR
826/Palmetto Expy from NW 42 Ave. t NW 22 Ave. Landscaping). $104,000 $1,148,613 $1,252,613 Florida Department of Transportation FDOT District VI Non-Intrastate Off State Highway City
of Miami Gardens Schools Safety Enhancement Program $100,000 $900,000 $1,000,000 Florida Department of Transportation FDOT District VI Non-Intrastate State Highway (SR 7/NW 7 Ave. from
NW 159 St. to NW 177 St. Landscaping). $145,000 $632,859 $777,859 Florida Department of Transportation FDOT District VI Intrastate State Highway (SR 826/NW 7 Ave. Ext. from 850' SW of
NW 7 Ave. to SR/US 441/NW 2nd Ave. Resurfacing). $51 $51 Florida Department of Transportation FDOT District VI PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY
13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Non-Intrstate State highway (SR 826/NW 167 St. at SR 817/NW 27 Ave. NW 27 Ave. $585,000 $585,000 Florida Department of Transportation
FDOT District VI Page 239 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-42 EB Offramp Intersection-Modify).
Intrastate State highway (SR 826/Palmetto Expy from NW 67 Ave. to NW 47 Ave. Add auxillary Lanes). $3,746,800 $3,746,800 Florida Department of Transportation FDOT District VI Non-Intrastate
State highway (SR7/NW 2nd Ave. from NW 176 St. to 1200' S of NW 215 St. Resurfacing). $60,442 $5,366,334 $5,426,776 Florida Department of Transportation FDOT District VI FDOT VI SUBTOTAL
$34,381,122 $7,418,001 $7,669,701 $3,746,800 $53,215,624 STORMWATER DRAINAGE Stormwater Drainage Project-Industrial Area $600,000 U.S. Environmental Protection Agency Grant (EPA) Industrial
Area Drainage Project –Out on Design PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE Stormwater Drainage
Project-NW 45th Court $100,000 U.S. Environmental Protection Agency Grant (EPA) NW 45 Court Drainage Project –Out on Design Page 240 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-43 Stormwater Drainage Projects-$745,000
U.S. Environmental Protection Agency Grant (EPA) – Awaiting Approvals 1. N.W. 208/209 ST & N.W. 38 Place 2. NW 210 St/210 Ter &NW 38 Court 3. NW 159 Street/NW 159 Street Road 4. NW 162
St /NW 20 Avenue 1. N.W. 208/209 ST & N.W. 38 Place $150,000 $150,000 U.S. Environmental Protection Agency Grant -Awaiting Approvals 2. NW 210 St/210 Ter &NW 38 Court $150,000 $150,000
U.S. Environmental Protection Agency Grant -Awaiting Approvals 3. NW 159 Street BETWEEN nw 26 Ave. to /NW 159 Street Road $150,000 $150,000 U.S. Environmental Protection Agency Grant
-Awaiting Approvals Page 241 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-44 PROJECT ADOPTED FY 08-09 ADOPTED
FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST (FY 09-TO 15) FUNDING SOURCE 4. NW 162 St /NW 20 Avenue $325,000 $325,000 Stormwater Utility Fee and South Florida Water
Management District. Stormwater Improvements per Stormwater Master Plan Prioritized Project List $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $600,000 Stormwater Utility Fee,
Grants and Other Funding Sources for Matching NW 21 Ave. from NW 194 Ter. To NW 196 St. $350,000 $350,000 Stormwater Utility Fee and South Florida Water Management District. STORMWATER
SUB-TOTAL $800,000 $100,000 $100,000 $100,000 $100,000 $1,650,000 TOTAL EXPENDITURES $93,422,614 $71,845,357 $87,083,357 $77,210,928 $69,114,357 $122,725 TOTAL EXPENDITURES $94,975,525
$97,937,001 $70,681,701 $61,946,800 $58,600,000 $384,141,027 TBD = To be Determined Source: City of Miami Gardens, October 2008 December 2009. FY 10-11*: Miami Gardens Short-Range Planning
Timeframe. Page 242 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-45 Table CIE IX -11: City of Miami
Gardens Schedule of Additional Capital Improvements PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST FY 10-15 FUNDING SOURCE Police Building
$446,827 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Police Building $446,827 $46,000 $46,000 General Revenues, Fees and Taxes, Assessments, Grants and Bonds City
Hall $2,250,000 $12,000,000 Bond Issue City Hall $42,300,000 $42,300,000 Bond Issue Administrative Facility – Building Design & Construction $2,000,000 $1,000,000 $10,000,000 Bond Issue
Fueling Station $2,300,000 Bond Issue Fueling Station $2,605,289 $2,605,289 Bond Issue Palmetto Beautification $250,000 $250,000 $500,000 $500,000 TBD Private and City Funds Palmetto
Beautification $120,000 $120,000 $250,000 $350,000 $500,000 $500,000 $1,840,000 Gas Taxes, General Fund, Developer Contributions Public Works Complex $500,000 Bond Issue Sidewalk Renovation
$150,000 $150,000 $150,000 $150,000 $150,000 $150,000 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Page 243 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-46 Sidewalks -New and Renovation
$100,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $850,000 Gas Taxes, General Fund PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15
TOTAL COST FY 10-15 FUNDING SOURCE Paving Program $300,000 $400,000 $500,000 $500,000 $500,000 $500,000 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Paving Program
$50,000 $400,000 $500,000 $350,000 $500,000 $500,000 $2,300,000 Gas Taxes, General Fund Tree Program $150,000 $150,000 $150,000 $150,000 $150,000 TBD General Revenues, Fees and Taxes,
Assessments, Grants and Bonds; State of Florida Tree Program $50,000 $150,000 $150,000 $150,000 $150,000 $150,000 $800,000 Gas Taxes, General Fund Dangerous Tree Mitigation $60,000 TBD
TBD Grant, General Revenues, Fees and Taxes, Assessments, Grants and Bonds NW 7th Ave. Reconstruction $600,000 $4,573,000 General Revenues, Fees and Taxes, Assessments, Grants and Bonds;
State of Florida NW 7th Ave. Reconstruction $2,173,000 $2,000,000 $1,000,000 $5,173,000 Gas Taxes, General Fund, Grant Page 244 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT
MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-47 PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST FY 10-15
FUNDING SOURCE City Garage Facility-Land/Building Acquisition & Construction/Renovation $2,000,000 TBD Bond Issue Miami Gardens Dr. Landscaping Project $1,500,000 $800,000 Funding: Public
works Budget and Florida Department of Transportation District VI Miami Gardens Dr./NW 183 ST Landscaping Project $1,500,000 $700,000 $200,000 $900,000 Funding: Public works Budget and
Florida Department of Transportation District VI Housing Projects $70,966 General Revenues, Fees and Taxes, Assessments, Grants and Bonds Police Crime Lab $150,000 $150,000 General Revenues,
Fees and Taxes, Assessments, Grants and Bonds UASI – Urban Area Security Inititave $500,000 $500,000 Homeland Security U.S. 441 FDOT Project $672,732 $672,732 Gas Taxes, General Fund
Page 245 of 381
381CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-48 U.S. 441 Beautification $75,000
$75,000 75,000 $275,000 $275,000 $775,000 Gas Taxes, General Fund PROJECT ADOPTED FY 08-09 ADOPTED FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 TOTAL COST FY 10-15 FUNDING SOURCE
PUBLIC SCHOOLS Miami Dade County Public Schools Five (5) year District Work Program September 2009 (Adopted by reference) Miami-Dade County School Board WATER SUPPLY Ten (10) year Water
Supply Facility Work Plan (Adopted by reference) City of North Miami Beach Miami-Dade County Water and Sewer Department-Water Supply Facilities Work Plan (Adopted by reference) Miami-Dade
County Water and Sewer Department TOTAL EXPENDITURES $11,577,793 $9,073,000 $1,050,000 $23,300,000 $1,300,000 $650,000 TOTAL EXPEDITURES $7,242,021 $3,095,000 $44,425,000 $1,275,000
$1,575,000 $1,300,000 $58,912,021 Source: City of Miami Gardens, October 2008 December 2009. FY 10-11*: Miami Gardens Short-Range Planning Timeframe. Page 246 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-49 Table CIE IX -12: City of Miami
Gardens 5-Year Revenue and Expenditure Summary PROJECT FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total Cost (FY 010-T0 FY 15) Fund Balance Forward $7,223,844 $26,840,514
$27,545,514 $29,570,514 $32,495,514 $36,770,514 $160,446,414 General Fund $2,450,000 $2,000,000 $1,700,000 $500,000 $500,000 $500,000 $7,650,000 Transportation Fund $1,061,000 $200,000
$400,000 $500,000 $500,000 $500,000 $3,161,000 Interest $125,000 $150,000 $50,000 $250,000 $250,000 $50,000 $875,000 Impact Fees $500,000 $300,000 $100,000 $150,000 $300,000 $150,000
$1,500,000 Bonds/Loans $0 $0 $42,300,000 $0 $0 $0 $42,300,000 Sale of Assets $1,000,000 $0 $500,000 $2,500,000 $4,000,000 $0 $8,000,000 Grants $21,722,691 $1,050,000 $500,000 $300,000
$300,000 $300,000 $24,172,691 Parks and Recreation $21,572,403 $1,700,000 $2,900,000 $2,100,000 $2,500,000 $500,000 $31,272,403 Storm Water Drainage $800,000 $100,000 $100,000 $100,000
$100,000 $1,650,000 $2,850,000 Safety Improv. /ADA Compliance $0 $100,000 $900,000 $0 $0 $0 $1,000,000 MDC-MPO Trans. Improv. Prog. $38,222,000 $88,719,000 $60,012,000 $56,000,000 $56,000,000
$0 $298,953,000 FDOT, District VI-Five Year Work Program $34,381,122 $7,418,001 $7,669,701 $3,746,800 $0 $0 $53,215,624 Miami Dade County Public Schools Five (5) year District Work Program
(adopted by reference) Ten (10) year Water Supply Facility Work Plan (adopted by reference) Miami-Dade County Water and Sewer Department-Water Supply Facilities Work Plan (adopted by
reference) TOTAL REVENUES $129,058,060 $128,577,515 $144,677,215 $95,717,314 $96,945,514 $40,420,514 $635,396,132 Page 247 of 381
CITY OF MIAMI GARDENS DATA, INVENTORY AND ANALYSIS COMPREHENSIVE DEVELOPMENT MASTER PLAN CAPITAL IMPROVEMENTS ELEMENT AMENDMENT FEBRUARY 2010 Page XII-50 Total Expenditures-Table 10
$94,975,525 $97,937,001 $70,681,701 $61,946,800 $58,600,000 $0 $384,141,027 Total Expenditures-Table 11 $7,242,021 $3,095,000 $44,425,000 $1,275,000 $1,575,000 $1,300,000 $58,912,021
TOTAL EXPENDITURES $102,217,546 $101,032,001 $115,106,701 $63,221,800 $60,175,000 $1,300,000 $443,053,048 BALANCE $26,840,514 $27,545,514 $29,570,514 $32,495,514 $36,770,514 $39,120,514
$192,343,084 Source: City of Miami Gardens, October 2008 December 2009. FY 10-11*: Miami Gardens Short-Range Planning Timeframe. Page 248 of 381
Washuta Site Exhibit – Rolling Oaks Park Traffic Signal Traffic Signal Rolling Oaks Park North Miami Beach WellField Page 249 of 381
Exhibit – Rolling Oaks Park Washuta Site Page 250 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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 Development Block Grant (CDBG) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew,
City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN
THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO HARVEST FIRE INTERNATIONAL OUTREACH MINISTRIES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Annually, the Department of Community Development makes available Community Development
Block Grant (CDBG) funds for the provision of public services to Miami Gardens’ residents. These funds are made available to interested non-profit or community based organizations applying
through a formal Request for Proposal (RFP) process. For FY 2010-11, an RFP was made available to the public on May 24, 2010. City staff held a Technical Assistance Workshop on April
22, 2010, at which approximately 10 agencies were informed of the program guidelines and requirements. Additionally, a Pre-Proposal ITEM L-1) RESOLUTION PUBLIC HEARING 2010-11 CDBG Public
Service Fundds-Harvest Fire International Outreach Ministries Page 251 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 meeting was held on June 8, 2010 at which 18 attendees were given the opportunity to ask specific questions about
the RFP. Proposals were due by 4:00 pm on July 9, 2010, and 12 proposals were received, evaluated and scored by staff. The top four (4) scoring agencies are being recommended to Council
to receive funding for the 2010-2011 program year. 1) JPM Centre at Miami Gardens Drive, Inc. $ 30,000.00 2) Kristi House $ 49,321.00 3) Sunshine For All, Inc. $128,543.50 4) Harvest
Fire International Outreach Ministries $ 10,000.00 $217,864.50 Current Situation Harvest Fire International Outreach Ministries, Inc. (Harvest Fire) is a non-profit, faith-based organization
located in Miami Gardens that administers a number of programs with a focus on education, social accountability, economic empowerment and community development. Through its Family Enrichment
Center, Harvest Fire provides many social programs, including FCAT/After School and Summer Program. The After School program assesses the youth’s needs, and a tutoring program is developed
specifically to meet that youth’s requirements, in addition to preparing them for the yearly FCAT examination. The Summer program is modeled in much the same way, keeping the youth engaged
in education during the summer months while preparing them for the next school year. These programs will be offered at the Harvest Fire facility located at 18291 NW 23 Avenue in Miami
Gardens. The FCAT/After School Tutoring will be offered Monday – Wednesday from 2-6pm. The Summer Program will run from June to August, Monday – Friday from 8:30am – 6:00pm. Harvest
Fire proposes to serve up to 30 youth in grades 2-12 from the City of Miami Gardens beginning October 1, 2010 and ending September 30, 2011. This program has not been funded previously
by the City. A resolution is required in order to allocate CDBG funds to Harvest Fire International Outreach Ministries, Inc. Subsequent to Council approval of staff’s recommendation,
a sub-recipient agreement will be executed between the City and Harvest Fire in which the scope of services, performance deliverables, and funding distribution will be outlined. Proposed
Action: Staff recommends approval of the proposed resolution allocating FY2010-11 CDBG Public Services funds in the amount of $10,000 to Harvest Fire International Outreach Ministries,
Inc. It is further recommended that City Council authorize the City Manager to execute a sub-recipient agreement with Harvest Fire. Attachment: Page 252 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Harvest Fire Sub-recipient Agreement (FY2010-11) • Harvest Fire Program Description Page 253 of 381
1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG 5 PUBLIC SERVICE FUNDS IN THE AMOUNT OF TEN 6 THOUSAND
DOLLARS ($10,000.00) TO HARVEST FIRE 7 INTERNATIONAL OUTREACH MINISTRIES, INC.; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE A 9 SUBRECIPIENT AGREEMENT FOR THIS PURPOSE; 10 PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, annually the Department of Community Development makes 14 available Community Development Block Grant
(CDBG) funds for the provision of public 15 services to Miami Gardens’ residents, and 16 WHEREAS, these funds are made available to interested non-profit or 17 community-based organizations
applying through a formal Request for Proposal (RFP) 18 process, and 19 WHEREAS, an RFP was issued on May 24, 2010, and 20 WHEREAS, twelve (12) proposals were received and evaluated
by City staff, and 21 WHEREAS, the top four (4) scoring agencies are being recommended to the City 22 Council to receive funding in the 2010-2011 program year, and 23 WHEREAS, City staff
is recommending that Harvest Fire International Outreach 24 Ministries, Inc., receive the sum of Ten Thousand Dollars ($10,000.00) for FCAT/after 25 school tutoring, as outlined in the
cover memo accompanying this Resolution, 26 27 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 254 of 381
Section 1. ADOPTION OF REPRESENTATIONS: 1 The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this Resolution.
4 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens 5 hereby allocates FY 2010-11 CDBG public service funds in the amount of Ten 6 Thousand Dollars ($10,000.00)
to Harvest Fire International Outreach Ministries, Inc., 7 and authorizes the City Manager to execute a subrecipient agreement with Harvest Fire 8 International Outreach Ministries,
Inc. for this purpose. 9 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 10 upon its final passage. 11 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS 12 AT ITS REGULAR MEETING HELD ON___________________. 13 14 15 _________________________________ 16 SHIRLEY GIBSON, MAYOR 17 ATTEST: 18 19 20 21 _________________________________
22 RONETTA TAYLOR, MMC, CITY CLERK 23 24 25 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 26 27 28 29 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 30 31 32 33 MOVED BY:_____________________
34 Page 255 of 381
1 2 3 VOTE: _____ 4 5 Mayor Shirley Gibson (Yes) ___(No) 6 Vice Mayor Aaron Campbell (Yes) ___(No) 7 Councilwoman Lisa Davis (Yes) (No) 8 Councilman Oliver Gilbert, III (Yes) ___(No)
9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) 11 Councilwoman Felicia Robinson (Yes) ___(No) 12 13 14 Page 256 of 381
CITY OF MIAMI GARDENS, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day of October,
2010, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter referred to as the “CITY”) and Harvest Fire International Outreach Ministries, Inc.,
a Florida not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $10,000.00 TERM OF THE AGREEMENT:
October 1, 2010 through September 30, 2011 IDIS NUMBER (to be completed by the City): ________ NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth,
the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit
A Corporate Resolution Authorizing Execution of this Agreement. Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit
E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form). Exhibit F Crime Entity Affidavit Page 257 of 381
2 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Agreement Records: Any
and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic
or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor
in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs,
electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community Development Block Grant Program. CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as established by the City of Miami Gardens, Florida. Department: The City of Miami Gardens Department of Community Development. Federal
Award: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. Low-and-Moderate
A member of a low-or moderate-income family Income Person: whose income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing
and Urban Development. Page 258 of 381
3 ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY’S execution of this Agreement: 2.1 The
Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section
shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where
appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries
will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and
deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this
Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this Agreement. 2.2 The Budget
Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of
all subcontracts. 2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles)
who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUBRECIPIENT’S corporate
personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 A letter accepting the Office of Management
and Budget (“OMB”) Circular No.A-87 “Principles for Determining Costs Applicable to Grants and Agreements with State, Page 259 of 381
4 Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110, Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and Custodial Requirements
for Records), “F” (Standards for Financial Management Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property Management Standards), and “O” (Procurement Standards);
OMB Circular Nos. A-122 and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations 24 CFR Part 35. 2.10 Copy of the SUBRECIPIENT’S last federal income
tax return (IRS Form 990). 2.11 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT’S Corporate
Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 ADA Certification. 2.13 Drug Free Certification. 2.14 All
other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the
CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall
begin on ___October 1, 2010 and end on September 30, 2011__. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program,
which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, Page
260 of 381
5 procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in
the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating
when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the
execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services
or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement.
ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION The amount of compensation payable by the City to the Project Sponsor shall be based on the rates, schedules and
conditions described in Exhibit “C” attached hereto, which by this reference is incorporated into this Agreement.” 4.2 INSURANCE: At all times during the term hereof, the SUBRECIPIENT
shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance
indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Commercial General Liability in
an amount not less than $300,000.00 per occurrence, $1,000,000.00 aggregate, protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an
accident occurring on or about, its property. (ii) Automobile liability for all owned vehicles and for non-owned and hired automobiles in the amount of $300,000 combined single limit
Page 261 of 3
816 for bodily and property damage and/or split limits in the amount of $100,000/$300,000 for bodily injury and $100,000 for property damage. (iii) Workers' compensation insurance as
required by the laws of the State of Florida. 4.2.2 All such insurance shall insure the CITY as the primary additional insured. The SUBRECIPIENT shall be required to furnish evidence
of any other insurance coverage the CITY may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification, and all such policies shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime
Policy (Employee Coverage) for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grant of
funds hereunder. The CITY shall be named as Loss Payee. 4.2.4 Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this
section or under any other section of this Agreement. 4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as “Indemnities”) and each of them from and against
all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death
of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Subrecipient or its employees, agents or subcontractors,
or (ii) the the failure of the Subrecipient to comply with any of the paragraphs herein or the failure of the Subrecipient to conform to statutes, Page 262 of 381
7 ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees
to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Subrecipient, or any of its
subcontractors, as provided above, for which the Subrecipient’s liability to such employee or former employee would otherwise be limited to payments under state Workers’ Compensation
or similar laws. 4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period
of three years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment
made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any
payments made to the SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in
the event that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and
local agencies. 4.5 CONTINGENCY CLAUSE: Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is
also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement,
the SUBRECIPIENT shall adhere to the following audit requirements: 5.1.1 If the SUBRECIPIENT expends $500,000 or more in the fiscal year it shall have a single audit or program specific
audit conducted for that year. The audit shall Page 263 of 381
8 be conducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity
with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform
sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the SUBRECIPIENT has complied with laws, regulations and the provisions of this
Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor’s report(s) or nine (9) months after the end of the audit period. The reporting
package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor’s report and the corrective
action plan. The auditor’s report shall include: a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity
with generally accepted principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects
in relation to the financial statements taken as a whole. b) a report on internal controls related to the financial statements and major programs. This report shall describe the scope
of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. c) a report on compliance with laws,
regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include
an opinion (or disclaimer of opinion) as to whether the SUBRECIPIENT complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct
and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. d) a schedule of findings and questioned cost which shall include
the requirements of OMB Circular A-133. Page 264 of 381
9 5.1.2 If the SUBRECIPIENT expends less than $500,000 in the fiscal year it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable
expense. The City, however, may request the SUBRECIPIENT to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and
address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences
of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and
the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT shall establish and maintain
sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the
SUBRECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is
eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of the CDBG Program regulations. Where information on income
by family size is required, the SUBRECIPIENT may substitute evidence establishing that the person assisted qualified under another program having income qualification criteria at least
as restrictive as that used in the definitions of “low-and moderate-income person” and “low-and moderateincome household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute
a copy of a verifiable certification from the assisted person that his or Page 265 of 381
10 her family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is
a referral from any governmental agency that determines persons to be “low-and moderate-income persons” based upon HUD’s criteria and agrees to maintain documentation supporting those
determinations. Such records shall include the following information: (i) For each activity determined to benefit low-and moderate-income persons, the income limits applied and the point
in time when the benefit was determined. (ii) For each activity determined to benefit low-and moderate-income persons based on the area served by the activity: (a) The boundaries of
the service area; (b) The income characteristics of families and unrelated individuals in the service area; and (c) If the percent of low-and moderate-income persons in the service area
is less than 51 percent, data showing that the area qualifies under the exception criteria set forth forth in 24 CFR 570.208(a)(1)(ii); (iii) For each activity determined to benefit
low-and moderate-income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low-and moderate-income
persons: (a) Documentation establishing that the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate
persons, or migrant farm workers, for which the regulations provide presumptive benefit to low-and moderate-income persons; or (b) Documentation describing how the nature and, if applicable,
the location of the facility or service establishes that it is used predominantly by low-and moderate-income persons; or (c) Data showing the size and annual income of the household
of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: Page 266 of 381
11 (i) Data on the extent to which each racial and ethnic group and singleheaded households (by gender of household head) have applied for, participated in, or benefited from, any program
or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain
or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b)
which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low-and moderate-income persons and the
use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. 6.1.5 Records required to be maintained in accordance with
other applicable laws and regulations set forth in Subpart K of 24 CFR. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT’S
records, including Project and programmatic records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the “Retention Period”).
All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient
to meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide
by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. Page 267 of 381
12 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities,
as such activities are described in this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in
its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this
Agreement 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities
pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending
litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing
both during the pendency of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period.
6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall
become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable
materials developed in the performance of this Agreement. These rights include the right of royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use,
and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of, other governmental agencies, and
those agencies issue monitoring reports, regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications
and reports Page 268 of 381
13 to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department
and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities
undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews,
the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set
forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or
not the SUBRECIPIENT’S justification is acceptable. At the request of the CITY, the SUBRECIPIENT SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT’s official
policies on specified issues relating to the SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff;
the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY
or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUBRECIPIENT shall report to the
Department the name, purpose for and any and all other relevant information in connection with any related-party transaction. The term “related-party transaction” includes, but is not
limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT is responsible
for appointing memberships. The SUBRECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior
to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. Page 269 of 381
14 ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201.
7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides
benefit to low and moderate-income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all
applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including
the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the
appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 SUBRECIPIENT shall, to the greatest possible,
give low-and-moderate-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement.
Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap,
be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The SUBRECIPIENT
shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24 CFR 570.600-612). 7.8
The Subrecipient and its subcontractors shall comply with the Davis-Bacon Act, the Lead-Based paint Poisoning Prevention Act, and any other applicable laws, ordinances and regulations.
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15 7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS.
The SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for Non-Profit Organizations” and with the applicable requirements of 24
CFR Part 84 (the revised OMB Circular No. A-110). 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT
agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.200(j). In accordance with the First Amendment
of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided
to primarily religious entities for any activities, including secular activities, as provided in 24 CFR Part 570.200(j). The SUBRECIPIENT shall comply with those requirements and prohibitions
when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time
of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured
thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action
for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply
with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility for initiating
the review process under Executive Order 12372. Page 271 of 381
16 ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is
generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG
funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such
activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7)
of the CDBG Program regulations. The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify
CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the
CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION,
TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the
date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby
understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default
under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. Page 272 of 381
17 If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments
pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both
the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded
to the SUBRECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The
Department may, for reasonable cause temporarily suspend the SUBRECIPIENT’S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending
necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective
or improper use of the CDBG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT
to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT’S submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUBRECIPIENT’S
authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by
this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for Page 273 of 381
18 such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY
does not receive funds to finance this Agreement from its funding source, or in the event that the CITY’S funding source de-obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered by certified mail, return
receipt requested, or by in person delivery with proof of delivery. In the event that the CITY’S funding source reduces the CITY’S entitlement under the CDBG Program, the CITY shall
determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate
this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the SUBRECIPIENT is not materially complying with any term or provision
of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists
an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY, direct or contingent, whether
now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT,
terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery
with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement. The provisions Page 274 of 381
19 hereof are not intended to be, and shall not be, construed to limit the Department’s right to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION.
The SUBRECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUBRECIPIENT’S activities
related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any persons acting for or on its behalf,
and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney’s fees, expenses, and liabilities incurred
by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both
parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall
be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use
if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant to this Agreement shall at
all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT.
The SUBRECIPIENT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed
to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. Page 275 of
381
20 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part,
without the CITY’S prior written consent which may be granted or withheld in the CITY’S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities
in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance
of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to
the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City City of Miami Gardens (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112,
Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within OMB
Circular No. A-110. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 570.611 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term
of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute
the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any
prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 10.10 GENERAL CONDITIONS. Page 276 of 381
21 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered
mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day
on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI GARDENS Daniel A. Rosemond, Assistant
City Manager/Community Development Director Department of Community Development 1515 N.W. 167 Street; Bldg. 5, Ste. 200 Miami Gardens, Florida 33169 SUBRECIPIENT Harvest Fire International
Outreach Ministries, Inc. 18291 NW 23 Avenue Miami Gardens, FL 33056 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10.10.3 In
the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 10.10.4 No waiver
of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made
in writing. 10.10.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or the City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent
necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions
of this Agreement shall remain unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees and agents shall be deemed to be independent
contractors and not agents or employees of the Page 277 of 381
22 CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees;
further, they shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the CITY. 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon
the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses
the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT’S governing body, authorizing the execution
of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT
to act in connection with this Agreement and to provide such information as m Page 278 of 381
23 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT Harvest
Fire International Outreach Ministries, Inc. 18291 NW 23 Avenue Miami Gardens, FL 33056 a Florida not-for-profit corporation ATTEST: _______________________________ By: Corporate Secretary
Date Name: Dr. Donald Clark Date Title: President SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: ___ Ronetta
Taylor Date
Danny O. Crew Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ ___ Taren Kinglee, Director
Date Sonja K. Dickens Date Human Resources/Risk Management City Attorney Page 279 of 381
City of Miami Gardens Department of Community Development FY 2010-2011 Public Services Proposals Summary 1 of 2 Name of Organization Name of Proposed Program Program Description Amount
Requested Avg Score Recommend Amount Comments 1 JPM Centre at Miami Gardens Drive, Inc. The JPM Centre After School Tutorial After school tutoring program serving up to 30 youth ages
5-18, Tues-Fri from 3-6pm. $50,000 98 97 98 Yes $ 3 0,000.00 Due to funding limtations the committee recommends funding this program at a reduced amount. Clear and measurable outcomes,
demonstrated experience. 2 Kristi House Child Sexual Abuse Services Services for 40 youth (and their nonoffending family members), up to 18 years old, who are victims of sexual abuse.
$49,321 96 86 91 Yes $ 4 9,321.00 The committee recommends funding at the requested amount. Clear and measurable outcomes, demonstrated experience. 3 Sunshine For All Elderly Meals Program
in-home meal delivery to elderly residents $142,871 89 90 90 Yes $ 128,543.50 Due to funding limtations the committee recommends funding this program at the same level as the previous
year. Clear and measurable outcomes, and demonstrated experience. 4 Harvest Fire Int'l Outreach Ministries Harvest Fire Family Enrichment Center After school tutoring program $14,200
92 83 88 No $ 1 0,000.00 Due to funding limitations the committee recommends funding this program at a reduced amount. Demonstrated experience, measurable outcomes. 5 CMG Youth Violence
Prevention Coalition Youth Violence Prevention Initiative Prevention, intervention services for 2,000 youth and their families, including, care coordination, family strengthening workshops,
summer & job placement programs. $350,000 88 87 88 No $ -Due to funding limitations the committee was unable to recommend funding this program. Although the Committee felt the program
was a needed service, they felt the funding amount requested was unreasonable and excessive. (100% salaries for four staff that would also be operating in Opa Locka). 6 South Florida
After-School All-Stars, Inc. AFASAS Fit Club 9-week after school nutrition and fitness program for 75 youth in middle schools, ages 11-15. $24,816 88 83 86 No $ -Due to funding limitations
the committee was unable to recommend funding this program; although a worthwhile program with demonstrated experience, the committee felt the need for this type of service was not as
high a priority as others that are recommended. 7 The ADMIT Project, Inc. Project WHAM! After School & Weekend program that engage youth in music expression & industry training as well
as giving at-risk youth the opp. to create music and other art forms. $49,982 84 76 80 No $ -Due to funding limitations the committee was unable to recommending funding this program.
A worthwhile program, however the committee felt that there were other proposals that offered services more in line with the City's needs. 8 Carrie Meek Foundation Leadership Institute
for Girls Program to help develop leadership abilities and provide positive role models for 20 middle school girls. $80,000 64 62.5 63 No $ -Did not meet the minimum score of 70. The
proposed use of funds is not reasonable (30 laptop computers for participants), no demonstrated experience, program intent is unclear, and their were no measurable outcomes provided.
Proposal Score Page 280 of 381
City of Miami Gardens Department of Community Development FY 2010-2011 Public Services Proposals Summary 2 of 2 Name of Organization Name of Proposed Program Program Description Amount
Requested Avg Score Proposal Score Recommend Amount Comments 9 Independent Living Community Services Healthy Aging Workshops for the elderly that educates about exercise, medications,
nutrition, etc. $58,039 61 63 62 No $ -Did not meet the minimum score of 70. Goals were not measurable, no demostrated experience conducting this program, and funding requested is unreasonable
($27,000 for IT and Finance Support). 10 Switchboard of Miami Seniors Never Alone Provide support to 100 seniors connecting them to appropriate resouces for services. $55,000 66 54 60
No $ -Did not meet the minimum score of 70. Although a service that could be beneficial to our seniors, the proposal was very unorganized, intent was unclear, budget included expenses
that were not explained and unreasonable 11 CMG Parks & Recreation Department Senior Program Program & Tech Program to teach seniors about computer technology. $30,000 55 56 56 No $
-Did not meet the minimum score of 70. The proposal was incomplete with what appeared to be missing pages, and therefore the committee could not fully understand the program being proposed.
The budget requested unreasonable expenses (5 computers), no demonstrated experience, and did not identify clearly the target or how many of the target will be served. 12 Alliance for
Musical Arts Productions, Inc. Keep Moving Forward Provide wrap-around services using partnerships with other organizations $355,945 41 49 45 No $ -Did not meet the minimum score of
70. The proposed budget was unclear and the funding requested is excessive. Additionally, provided no documentation of partnerships in place. Funding Recommended $ 217,864.50 indicates
programs recommended for funding Page 281 of 381
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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 Development Block Grant (CDBG) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew,
City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN
THE AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000.00) TO JPM CENTRE AT MIAMI GARDENS DRIVE INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Annually, the Department of Community Development makes available Community Development Block
Grant (CDBG) funds for the provision of public services to Miami Gardens’ residents. These funds are made available to interested non-profit or community based organizations applying
through a formal Request for Proposal (RFP) process. For FY 2010-11, an RFP was made available to the public on May 24, 2010. City staff held a Technical Assistance Workshop on April
22, 2010, at which approximately 10 agencies were informed of the program guidelines and requirements. Additionally, a Pre-Proposal meeting was held on June 8, 2010 at which interested
agencies were given the opportunity to ask specific questions about the RFP. ITEM L-2) RESOLUTION PUBLIC HEARING FY 2010-11 CDBG Public Service Funds JPM Centre at Miami Gardens Drive
Inc. Page 286 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposals were due by 4:00 pm on July 9, 2010, and 12 proposals were received, evaluated and scored by staff. The
top four (4) scoring agencies are being recommended to Council to receive funding for the 2010-2011 program year. 1) JPM Centre at Miami Gardens Drive, Inc. $ 30,000.00 2) Kristi House
$ 49,321.00 3) Sunshine For All, Inc. $128,543.50 4) Harvest Fire International Outreach Ministries $ 10,000.00 $217,864.50 Current Situation JPM Center at Miami Gardens Drive, Inc.
is a non-profit, faith-based organization located in Miami Gardens that administers an after school program to low-to-moderate income youth who live in Miami Gardens. The program focuses
on engaging youth during the after-school hours between 3-6pm Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as teaching self-esteem,
effective communication skills, good decision making techniques, anger management, conflict resolution and technical skills; all which build strong, solid character and values, as they
become adults. In addition, parents/guardians of participants also receive training workshops on positive parenting styles, discipline techniques and communication styles. The City has
previously funded JPM for this program in FY2008-09 in the amount of $40,000. The program served 30 youth, ages 7-15, from October 1, 2008 through September 30, 2009, and was successfully
completed. Additionally, the City is funding this program in the current fiscal year 2009-10 in the amount of $28,000. The program is serving up to 62 youth, ages 7-15, from February
1, 2010 through September 30, 2010. Through the JPM After School program, youth develop and improve their social skills, learn basic life skills and how to interact more effectively
with peers, parents, guardians, and other authority figures. Furthermore, the City’s CDBG Consolidated Plan (2006-2011) has identified public service activities that benefit youth and
senior as priorities. Therefore, staff is recommending that $30,000 of FY2010-11 Public Service funds be awarded to JPM’s After School program, which will serve at least 30 youth, ages
7-15, from October 1, 2010 through September 30, 2011. A resolution is required in order to allocate CDBG funds to JPM Center at Miami Gardens Drive, Inc. Subsequent to Council approval
of staff’s recommendation, a sub-recipient agreement will be executed between the City and JPM in which the scope of services, performance deliverables, and funding distribution will
be outlined. Proposed Action: Staff recommends approval of the proposed resolution allocating FY2010-11 CDBG Public Services funds in the amount of $30,000 to JPM Center at Miami Gardens
Drive, Inc. It is further recommended that City Council authorize the City Manager to execute a sub-recipient agreement with JPM. Page 287 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: • JPM Sub-recipient Agreement (FY2010-11) • JPM Program Work Plan Page 288 of 381
1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG 5 PUBLIC SERVICE FUNDS IN THE AMOUNT OF THIRTY 6 THOUSAND
DOLLARS ($30,000.00) TO JPM CENTRE AT MIAMI 7 GARDENS DRIVE INC.; AUTHORIZING THE CITY MANAGER 8 TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS 9 PURPOSE; PROVIDING FOR THE ADOPTION OF
10 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, annually the Department of Community Development makes 13 available Community Development Block Grant (CDBG) funds for
the provision of public 14 services to Miami Gardens’ residents, and 15 WHEREAS, these funds are made available to interested non-profit or 16 community-based organizations applying
through a formal Request for Proposal (RFP) 17 process, and 18 WHEREAS, an RFP was issued on May 24, 2010, and 19 WHEREAS, twelve (12) proposals were received and evaluated by City staff,
and 20 WHEREAS, the top four (4) scoring agencies are being recommended to the City 21 Council to receive funding in the 2010-2011 program year, and 22 WHEREAS, City staff is recommending
that the JPM Centre at Miami Gardens 23 Drive Inc., receive the sum of thirty thousand dollars ($30,000.00) for an after school 24 program as outlined in the cover memo accompanying
this Resolution, 25 26 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 289 of 381
Section 1. ADOPTION OF REPRESENTATIONS: 1 The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this Resolution.
4 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens 5 hereby allocates FY 2010-11 CDBG public service funds in the amount of Thirty 6 Thousand Dollars ($30,000.00)
to JPM Centre at Miami Gardens Drive Inc., and 7 authorizes the City Manager to execute a subrecipient agreement with JPM for this 8 purpose. 9 Section 3. EFFECTIVE DATE: This Resolution
shall take effect immediately 10 upon its final passage. 11 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 12 AT ITS REGULAR MEETING HELD ON___________________.
13 14 15 _________________________________ 16 SHIRLEY GIBSON, MAYOR 17 ATTEST: 18 19 20 21 _________________________________ 22 RONETTA TAYLOR, MMC, CITY CLERK 23 24 25 PREPARED BY:
SONJA K. DICKENS, CITY ATTORNEY 26 27 28 29 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 30 31 31 32 33 MOVED BY:_____________________ 34 Page 290 of 381
1 2 3 VOTE: _____ 4 5 Mayor Shirley Gibson (Yes) ___(No) 6 Vice Mayor Aaron Campbell (Yes) ___(No) 7 Councilwoman Lisa Davis (Yes) (No) 8 Councilman Oliver Gilbert, III (Yes) ___(No)
9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) 11 Councilwoman Felicia Robinson (Yes) ___(No) 12 13 14 Page 291 of 381
CITY OF MIAMI GARDENS, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day of October,
2010, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter referred to as the “CITY”) and JPM Centre at Miami Gardens Drive, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $30,000.00 TERM OF THE AGREEMENT: October
1, 2010 through September 30, 2011 IDIS NUMBER (to be completed by the City): ________ NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the
parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate
Resolution Authorizing Execution of this Agreement. Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification
Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form). Exhibit F Crime Entity Affidavit Page 292 of 381
2 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Agreement Records: Any
and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic
or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor
in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs,
electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community Development Block Grant Program. CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as established by the City of Miami Gardens, Florida. Department: The City of Miami Gardens Department of Community Development. Federal
Award: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. Low-and-Moderate
A member of a low-or moderate-income family Income Person: whose income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing
and Urban Development. Page 293 of 381
3 ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY’S execution of this Agreement: 2.1 The
Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section
shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where
appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries
will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and
deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this
Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this Agreement. 2.2 The Budget
Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of
all subcontracts. 2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles)
who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUBRECIPIENT’S corporate
personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 A letter accepting the Office of Management
and Budget (“OMB”) Circular No.A-87 “Principles for Determining Costs Applicable to Grants and Agreements with State, Page 294 of 381
4 Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110, Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and Custodial Requirements
for Records), “F” (Standards for Financial Management Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property Management Standards), and “O” (Procurement Standards);
OMB Circular Nos. A-122 and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations 24 CFR Part 35. 2.10 Copy of the SUBRECIPIENT’S last federal income
tax return (IRS Form 990). 2.11 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT’S Corporate
Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 ADA Certification. 2.13 Drug Free Certification. 2.14 All
other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the
CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall
begin on ___October 1, 2010 and end on September 30, 2011__. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program,
which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, Page
295 of 381
5 procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in
the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating
when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the
execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services
or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement.
ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION The amount of compensation payable by the City to the Project Sponsor shall be based on the rates, schedules and
conditions described in Exhibit “C” attached hereto, which by this reference is incorporated into this Agreement.” 4.2 INSURANCE: At all times during the term hereof, the SUBRECIPIENT
shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance
indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Commercial General Liability in
an amount not less than $300,000.00 per occurrence, $1,000,000.00 aggregate, protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an
accident occurring on or about, its property. (ii) Automobile liability for all owned vehicles and for non-owned and hired automobiles in the amount of $300,000 combined single limit
Page 296 of 3
816 for bodily and property damage and/or split limits in the amount of $100,000/$300,000 for bodily injury and $100,000 for property damage. (iii) Workers' compensation insurance as
required by the laws of the State of Florida. 4.2.2 All such insurance shall insure the CITY as the primary additional insured. The SUBRECIPIENT shall be required to furnish evidence
of any other insurance coverage the CITY may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification, and all such policies shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime
Policy (Employee Coverage) for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grant of
funds hereunder. The CITY shall be named as Loss Payee. 4.2.4 Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this
section or under any other section of this Agreement. 4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as “Indemnities”) and each of them from and against
all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death
of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Subrecipient or its employees, agents or subcontractors,
or (ii) the the failure of the Subrecipient to comply with any of the paragraphs herein or the failure of the Subrecipient to conform to statutes, Page 297 of 381
7 ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees
to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Subrecipient, or any of its
subcontractors, as provided above, for which the Subrecipient’s liability to such employee or former employee would otherwise be limited to payments under state Workers’ Compensation
or similar laws. 4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period
of three years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment
made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any
payments made to the SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in
the event that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and
local agencies. 4.5 CONTINGENCY CLAUSE: Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is
also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement,
the SUBRECIPIENT shall adhere to the following audit requirements: 5.1.1 If the SUBRECIPIENT expends $500,000 or more in the fiscal year it shall have a single audit or program specific
audit conducted for that year. The audit shall Page 298 of 381
8 be conducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity
with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform
sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the SUBRECIPIENT has complied with laws, regulations and the provisions of this
Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor’s report(s) or nine (9) months after the end of the audit period. The reporting
package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor’s report and the corrective
action plan. The auditor’s report shall include: a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity
with generally accepted principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects
in relation to the financial statements taken as a whole. b) a report on internal controls related to the financial statements and major programs. This report shall describe the scope
of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. c) a report on compliance with laws,
regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include
an opinion (or disclaimer of opinion) as to whether the SUBRECIPIENT complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct
and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned
costs. d) a schedule of findings and questioned cost which shall include the requirements of OMB Circular A-133. Page 299 of 381
9 5.1.2 If the SUBRECIPIENT expends less than $500,000 in the fiscal year it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable
expense. The City, however, may request the SUBRECIPIENT to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and
address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences
of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and
the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the
CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing
a full description of each activity assisted (or being assisted) with CDBG Funds, including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted,
obligated and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating
that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of the CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT
may substitute evidence establishing that the person assisted qualified under another program having income qualification criteria at least as restrictive as that used in the definitions
of “low-and moderate-income person” and “low-and moderateincome household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a verifiable certification from
the assisted person that his or Page 300 of 381
10 her family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is
a referral from any governmental agency that determines persons to be “low-and moderate-income persons” based upon HUD’s criteria and agrees to maintain documentation supporting those
determinations. Such records shall include the following information: (i) For each activity determined to benefit low-and moderate-income persons, the income limits applied and the point
in time when the benefit was determined. (ii) For each activity determined to benefit low-and moderate-income persons based on the area served by the activity: (a) The boundaries of
the service area; (b) The income characteristics of families and unrelated individuals in the service area; and (c) If the percent of low-and moderate-income persons in the service area
is less than 51 percent, data showing that the area qualifies under the exception criteria set forth forth in 24 CFR 570.208(a)(1)(ii); (iii) For each activity determined to benefit
low-and moderate-income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low-and moderate-income
persons: (a) Documentation establishing that the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate
persons, or migrant farm workers, for which the regulations provide presumptive benefit to low-and moderate-income persons; or (b) Documentation describing how the nature and, if applicable,
the location of the facility or service establishes that it is used predominantly by low-and moderate-income persons; or (c) Data showing the size and annual income of the household
of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: Page 301 of 381
11 (i) Data on the extent to which each racial and ethnic group and singleheaded households (by gender of household head) have applied for, participated in, or benefited from, any program
or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain
or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b)
which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low-and moderate-income persons and the
use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. 6.1.5 Records required to be maintained in accordance with
other applicable laws and regulations set forth in Subpart K of 24 CFR. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT’S
records, including Project and programmatic records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the “Retention Period”).
All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient
to meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide
by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. Page 302 of 381
12 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities,
as such activities are described in this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in
its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this
Agreement 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities
pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending
litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing
both during the pendency of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period.
6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall
become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable
materials developed in the performance of this Agreement. These rights include the right of royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use,
and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of, other governmental agencies, and
those agencies issue monitoring reports, regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications
and reports Page 303 of 381
13 to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department
and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities
undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews,
the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set
forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or
not the SUBRECIPIENT’S justification is acceptable. At the request of the CITY, the SUBRECIPIENT SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT’s official
policies on specified issues relating to the SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff;
the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY
or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUBRECIPIENT shall report to the
Department the name, purpose for and any and all other relevant information in connection with any related-party transaction. The term “related-party transaction” includes, but is not
limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT is responsible
for appointing memberships. The SUBRECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior
to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. Page 304 of 381
14 ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201.
7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides
benefit to low and moderate-income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all
applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including
the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the
appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 SUBRECIPIENT shall, to the greatest possible,
give low-and-moderate-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement.
Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap,
be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The SUBRECIPIENT
shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24 CFR 570.600-612). 7.8
The Subrecipient and its subcontractors shall comply with the Davis-Bacon Act, the Lead-Based paint Poisoning Prevention Act, and any other applicable laws, ordinances and regulations.
Page 305 of 381
15 7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS.
The SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for Non-Profit Organizations” and with the applicable requirements of 24
CFR Part 84 (the revised OMB Circular No. A-110). 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT
agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.200(j). In accordance with the First Amendment
of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided
to primarily religious entities for any activities, including secular activities, as provided in 24 CFR Part 570.200(j). The SUBRECIPIENT shall comply with those requirements and prohibitions
when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time
of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured
thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action
for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply
with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility for initiating
the review process under Executive Order 12372. Page 306 of 381
16 ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is
generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG
funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such
activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7)
of the CDBG Program regulations. The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify
CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the
CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION,
TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the
date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby
understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default
under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. Page 307 of 381
17 If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments
pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both
the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded
to the SUBRECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The
Department may, for reasonable cause temporarily suspend the SUBRECIPIENT’S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending
necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective
or improper use of the CDBG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT
to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT’S submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUBRECIPIENT’S
authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by
this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for Page 308 of 381
18 such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY
does not receive funds to finance this Agreement from its funding source, or in the event that the CITY’S funding source de-obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered by certified mail, return
receipt requested, or by in person delivery with proof of delivery. In the event that the CITY’S funding source reduces the CITY’S entitlement under the CDBG Program, the CITY shall
determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate
this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the SUBRECIPIENT is not materially complying with any term or provision
of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists
an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY, direct or contingent, whether
now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT,
terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery
with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement. The provisions Page 309 of 381
19 hereof are not intended to be, and shall not be, construed to limit the Department’s right to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION.
The SUBRECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUBRECIPIENT’S activities
related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any persons acting for or on its behalf,
and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney’s fees, expenses, and liabilities incurred
by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both
parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall
be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use
if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant to this Agreement shall at
all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT.
The SUBRECIPIENT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed
to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. Page 310 of
381
20 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part,
without the CITY’S prior written consent which may be granted or withheld in the CITY’S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities
in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance
of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to
the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City City of Miami Gardens (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112,
Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within OMB
Circular No. A-110. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 570.611 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term
of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute
the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any
prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 10.10 GENERAL CONDITIONS. Page 311 of 381
21 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered
mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day
on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI GARDENS Daniel A. Rosemond, Assistant
City Manager/Community Development Director Department of Community Development 1515 N.W. 167 Street; Bldg. 5, Ste. 200 Miami Gardens, Florida 33169 SUBRECIPIENT JPM Centre at Miami
Gardens Drive, Inc. 4055 NW 183 Street Miami Gardens, FL 33055 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10.10.3 In the
event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 10.10.4 No waiver of
breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in
writing. 10.10.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary
in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors
and not agents or employees of the Page 312 of 381
22 CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees;
further, they shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the CITY. 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon
the parties hereto, and their
respective heirs, executors, legal representatives, successors, and assigns. 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses the legal authority to enter
into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT’S governing body, authorizing the execution of the Agreement, including
all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with this
Agreement and to provide such information as m Page 313 of 381
23 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT JPM
Centre at Miami Gardens Drive, Inc. 4055 NW 183 Street Miami Gardens, FL 33055 a Florida not-for-profit corporation ATTEST: _______________________________ By: Corporate Secretary Date
Name: Dr. Gloria Y. Williams Date Title: President SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: ___ Ronetta
Taylor Date Danny O. Crew Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ ___ Taren Kinglee,
Director Date Sonja K. Dickens Date Human Resources/Risk Management City Attorney Page 314 of 381
City of Miami Gardens Department of Community Development FY 2010-2011 Public Services Proposals Summary 1 of 2 Name of Organization Name of Proposed Program Program Description Amount
Requested Avg Score Recommend Amount Comments 1 JPM Centre at Miami Gardens Drive, Inc. The JPM Centre After School Tutorial After school tutoring program serving up to 30 youth ages
5-18, Tues-Fri from 3-6pm. $50,000 98 97 98 Yes $ 3 0,000.00 Due to funding limtations the committee recommends funding this program at a reduced amount. Clear and measurable outcomes,
demonstrated experience. 2 Kristi House Child Sexual Abuse Services Services for 40 youth (and their nonoffending family members), up to 18 years old, who are victims of sexual abuse.
$49,321 96 86 91 Yes $ 4 9,321.00 The committee recommends funding at the requested amount. Clear and measurable outcomes, demonstrated experience. 3 Sunshine For All Elderly Meals Program
in-home meal delivery to elderly residents $142,871 89 90 90 Yes $ 128,543.50 Due to funding limtations the committee recommends funding this program at the same level as the previous
year. Clear and measurable outcomes, and demonstrated experience. 4 Harvest Fire Int'l Outreach Ministries Harvest Fire Family Enrichment Center After school tutoring program $14,200
92 83 88 No $ 1 0,000.00 Due to funding limitations the committee recommends funding this program at a reduced amount. Demonstrated experience, measurable outcomes. 5 CMG Youth Violence
Prevention Coalition Youth Violence Prevention Initiative Prevention, intervention services for 2,000 youth and their families, including, care coordination, family strengthening workshops,
summer & job placement programs. $350,000 88 87 88 No $ -Due to funding limitations the committee was unable to recommend funding this program. Although the Committee felt the program
was a needed service, they felt the funding amount requested was unreasonable and excessive. (100% salaries for four staff that would also be operating in Opa Locka). 6 South Florida
After-School All-Stars, Inc. AFASAS Fit Club 9-week after school nutrition and fitness program for 75 youth in middle schools, ages 11-15. $24,816 88 83 86 No $ -Due to funding limitations
the committee was unable to recommend funding this program; although a worthwhile program with demonstrated experience, the committee felt the need for this type of service was not as
high a priority as others that are recommended. 7 The ADMIT Project, Inc. Project WHAM! After School & Weekend program that engage youth in music expression & industry training as well
as giving at-risk youth the opp. to create music and other art forms. $49,982 84 76 80 No $ -Due to funding limitations the committee was unable to recommending funding this program.
A worthwhile program, however the committee felt that there were other proposals that offered services more in line with the City's needs. 8 Carrie Meek Foundation Leadership Institute
for Girls Program to help develop leadership abilities and provide positive role models for 20 middle school girls. $80,000 64 62.5 63 No $ -Did not meet the minimum score of 70. The
proposed use of funds is not reasonable (30 laptop computers for participants), no demonstrated experience, program intent is unclear, and their were no measurable outcomes provided.
Proposal Score Page 315 of 381
City of Miami Gardens Department of Community Development FY 2010-2011 Public Services Proposals Summary 2 of 2 Name of Organization Name of Proposed Program Program Description Amount
Requested Avg Score Proposal Score Recommend Amount Comments 9 Independent Living Community Services Healthy Aging Workshops for the elderly that educates about exercise, medications,
nutrition, etc. $58,039 61 63 62 No $ -Did not meet the minimum score of 70. Goals were not measurable, no demostrated experience conducting this program, and funding requested is unreasonable
($27,000 for IT and Finance Support). 10 Switchboard of Miami Seniors Never Alone Provide support to 100 seniors connecting them to appropriate resouces for services. $55,000 66 54 60
No $ -Did not meet the minimum score of 70. Although a service that could be beneficial to our seniors, the proposal was very unorganized, intent was unclear, budget included expenses
that were not explained and unreasonable 11 CMG Parks & Recreation Department Senior Program Program & Tech Program to teach seniors about computer technology. $30,000 55 56 56 No $
-Did not meet the minimum score of 70. The proposal was incomplete with what appeared to be missing pages, and therefore the committee could not fully understand the program being proposed.
The budget requested unreasonable expenses (5 computers), no demonstrated experience, and did not identify clearly the target or how many of the target will be served. 12 Alliance for
Musical Arts Productions, Inc. Keep Moving Forward Provide wrap-around services using partnerships with other organizations $355,945 41 49 45 No $ -Did not meet the minimum score of
70. The proposed budget was unclear and the funding requested is excessive. Additionally, provided no documentation of partnerships in place. Funding Recommended $ 217,864.50 indicates
programs recommended for funding Page 316 of 381
Page 317 of 381
Page 318 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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 Development Block Grant (CDBG) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew,
City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN
THE AMOUNT OF FORTY-NINE THOUSAND THREE HUNDRED TWENTY-ONE DOLLARS ($49,321.00) TO KRISTI HOUSE, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS PURPOSE;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Annually, the Department of Community Development makes available Community Development
Block Grant (CDBG) funds for the provision of public services to Miami Gardens’ residents. These funds are made available to interested non-profit or community based organizations applying
through a formal Request for Proposal (RFP) process. For FY 2010-11, an RFP was made available to the public on May 24, 2010. City staff held a Technical Assistance Workshop on April
22, 2010, at which approximately 10 agencies were informed of the program guidelines and requirements. Additionally, a Pre-Proposal meeting was held on June 8, 2010 at which agencies
were given the opportunity to ask specific questions about the RFP. Proposals were due by 4:00 pm on July 9, 2010, and 12 proposals were received, evaluated and scored by staff. The
top four (4) scoring agencies are being recommended to Council to receive funding for the 2010-2011 program year. ITEM L-3) RESOLUTION PUBLIC HEARING FY 2010-11 CDBG Public Service Funds
-Kristi House Inc. Page 319 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 1) JPM Centre at Miami Gardens Drive, Inc. $ 30,000.00 2) Kristi House $ 49,321.00 3) Sunshine For All, Inc. $128,543.50
4) Harvest Fire International Outreach Ministries $ 10,000.00 $217,864.50 Current Situation Kristi House is a non-profit organization founded in 1996 that offers specialized and coordinated
services for children who are victims of sexual abuse. These services include: • Wrap-around case coordination and case management • Evidence-based mental health services • Transportation
• Prevention education and outreach • Comprehensive behavioral assessments • Client emergency assistance (funds and food) • Commercial sexual exploitation of children (prevention and
intervention services) Kristi House opened its North Office in 2007, and it is located at 18441 NW 2 Avenue in Miami Gardens. This office includes a case coordinator, three therapists
and a support staff position to better serve Miami Gardens and northern Miami-Dade County. Through the Kristi House program, clients will benefit from a healing environment for child
victims of abuse and their families, regardless of income, through prevention, treatment and coordination of services with community partners. Kristi House proposes to provide the above
services to a minimum of 40 youth, age 2-18 years old, and their non-offending family members from the City of Miami Gardens beginning October 1, 2010 and ending September 30, 2011.
This program has not been funded previously by the City. A resolution is required in order to allocate CDBG funds to Kristi House, Inc. Subsequent to Council approval of staff’s recommendation,
a sub-recipient agreement will be executed between the City and Kristi House in which the scope of services, performance deliverables, and funding distribution will be outlined. Proposed
Action: Staff recommends approval of the proposed resolution allocating FY2010-11 CDBG Public Services funds in the amount of $49,321.00 to Kristi House, Inc. It is further recommended
that City Council authorize the City Manager to execute a sub-recipient agreement with Kristi House. Attachment: • Kristi House Sub-recipient Agreement (FY2010-11) • Kristi House Program
Work Plan Page 320 of 381
1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG 5 PUBLIC SERVICE FUNDS IN THE AMOUNT OF FORTY-NINE 6 THOUSAND
THREE HUNDRED TWENTY-ONE DOLLARS 7 ($49,321.00) TO KRISTI HOUSE, INC.; AUTHORIZING THE CITY 8 MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT FOR 9 THIS PURPOSE; PROVIDING FOR THE ADOPTION
OF 10 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, annually the Department of Community Development makes 13 available Community Development Block Grant (CDBG) funds
for the provision of public 14 services to Miami Gardens’ residents, and 15 WHEREAS, these funds are made available to interested non-profit or 16 community-based organizations applying
through a formal Request for Proposal (RFP) 17 process, and 18 WHEREAS, an RFP was issued on May 24, 2010, and 19 WHEREAS, twelve (12) proposals were received and evaluated by City staff,
and 20 WHEREAS, the top four (4) scoring agencies are being recommended to the City 21 Council to receive funding in the 2010-2011 program year, and 22 WHEREAS, City staff is recommending
that Kristi House, Inc., receive the sum of 23 Forty-Nine Thousand Three Hundred Twenty-One Dollars ($49,321.00) for the provision 24 of services to children who are victims of sexual
abuse, as outlined in the cover memo 25 accompanying this Resolution, 26 27 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page
321 of 381
Section 1. ADOPTION OF REPRESENTATIONS: 1 The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this Resolution.
4 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens 5 hereby allocates FY 2010-11 CDBG public service funds in the amount of Forty-Nine 6 Thousand Three Hundred
Twenty-One Dollars ($49,321.00) to Kristi House, Inc., and 7 authorizes the City Manager to execute a subrecipient agreement with Kristi House, Inc. 8 for this purpose. 9 Section 3.
EFFECTIVE DATE: This Resolution shall take effect immediately 10 upon its final passage. 11 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 12 AT ITS REGULAR MEETING
HELD ON___________________. 13 14 15 _________________________________ 16 SHIRLEY GIBSON, MAYOR 17 ATTEST: 18 19 20 21 _________________________________ 22 RONETTA TAYLOR, MMC, CITY
CLERK 23 24 25 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 26 27 28 29 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 30 31 32 33 MOVED BY:_____________________ 34 Page 322 of 381
1 2 3 VOTE: _____ 4 5 Mayor Shirley Gibson (Yes) ___(No) 6 Vice Mayor Aaron Campbell (Yes) ___(No) 7 Councilwoman Lisa Davis (Yes) (No) 8 Councilman Oliver Gilbert, III (Yes) ___(No)
9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) 11 Councilwoman Felicia Robinson (Yes) ___(No) 12 13 14 Page 323 of 381
CITY OF MIAMI GARDENS, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day of October,
2010, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter referred to as the “CITY”) and Kristi House, Inc., a Florida not for profit corporation
(hereinafter referred to as the “SUBRECIPIENT”). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $49,321.00 TERM OF THE AGREEMENT: October 1, 2010 – September 30, 2011
IDIS NUMBER (to be completed by the City): ________ NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows:
ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution
of this Agreement. Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension
and other Responsibility Matters (Primary Covered Transactions Form). Exhibit F Crime Entity Affidavit Page 324 of 381
2 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Agreement Records: Any
and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic
or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor
in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs,
electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community Development Block Grant Program. CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as established by the City of Miami Gardens, Florida. Department: The City of Miami Gardens Department of Community Development. Federal
Award: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. Low-and-Moderate
A member of a low-or moderate-income family Income Person: whose income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing
and Urban Development. Page 325 of 381
3 ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY’S execution of this Agreement: 2.1 The
Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section
shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where
appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries
will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and
deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this
Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this Agreement. 2.2 The Budget
Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of
all subcontracts. 2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles)
who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUBRECIPIENT’S corporate
personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 A letter accepting the Office of Management
and Budget (“OMB”) Circular No.A-87 “Principles for Determining Costs Applicable to Grants and Agreements with State, Page 326 of 381
4 Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110, Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and Custodial Requirements
for Records), “F” (Standards for Financial Management Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property Management Standards), and “O” (Procurement Standards);
OMB Circular Nos. A-122 and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations 24 CFR Part 35. 2.10 Copy of the SUBRECIPIENT’S last federal income
tax return (IRS Form 990). 2.11 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT’S Corporate
Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 ADA Certification. 2.13 Drug Free Certification. 2.14 All
other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the
CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall
begin on ___October 1, 2010 and end on September 30, 2011__. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program,
which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, Page
327 of 381
5 procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in
the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating
when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the
execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services
or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement.
ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION The amount of compensation payable by the City to the Project Sponsor shall be based on the rates, schedules and
conditions described in Exhibit “C” attached hereto, which by this reference is incorporated into this Agreement.” 4.2 INSURANCE: At all times during the term hereof, the SUBRECIPIENT
shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance
indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Commercial General Liability in
an amount not less than $300,000.00 per occurrence, $1,000,000.00 aggregate, protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an
accident occurring on or about, its property. Page 328 of 381
6 (ii) Automobile liability for all owned vehicles and for non-owned and hired automobiles in the amount of $300,000 combined single limit for bodily and property damage and/or split
limits in the amount of $100,000/$300,000 for bodily injury and $100,000 for property damage. (iii) Workers' compensation insurance as required by the laws of the State of Florida. 4.2.2
All such insurance shall insure the CITY as the primary additional insured. The SUBRECIPIENT shall be required to furnish evidence of any other insurance coverage the CITY may reasonably
require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30 days prior written notice of termination, cancellation,
expiration or modification, and all such policies shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime Policy (Employee Coverage) for all persons handling funds
received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grant of funds hereunder. The CITY shall be named as Loss Payee. 4.2.4
Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 4.2.5
SUBRECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement. 4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless
the City and its officials, employees and agents (collectively referred to as “Indemnities”) and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses
(including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death of any person or damage to or destruction or loss of any property
arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is caused, in whole or in part, by any
act, omission, default or negligence (whether active or passive) of Subrecipient or its employees, agents or Page 329 of 381
7 subcontractors, or (ii) the failure of the Subrecipient to comply with any of the paragraphs herein or the failure of the Subrecipient to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Subrecipient, or any of its subcontractors, as provided
above, for which the Subrecipient’s liability to such employee or former employee would otherwise be limited to payments under state Workers’ Compensation or similar laws. 4.3 FINANCIAL
ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years after its expiration/terminat
ion. The SUBRECIPIENT agrees to provide all financial and other applicable records records and documentation of services to the CITY. Any payment made shall be subject to reduction for
amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to the SUBRECIPIENT are subject
to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT shall fail:
(i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE: Funding
pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is also subject to amendment or termination due to
lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements: Page 330 of 381
8 5.1.1 If the SUBRECIPIENT expends $500,000 or more in the fiscal year it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in
accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted
accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure
compliance with the procedures. Further the auditor shall determine whether the SUBRECIPIENT has complied with laws, regulations and the provisions of this Agreement. A reporting package
shall be submitted within the earlier of 30 days after receipt of the auditor’s report(s) or nine (9) months after the end of the audit period. The reporting package will include the
certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor’s report and the corrective action plan. The auditor’s
report shall include: a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted
principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial
statements taken as a whole. b) a report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls
and the results of
the test, and, where applicable, refer to the separate schedule of findings and questioned costs. c) a report on compliance with laws, regulations, and the provisions of contracts and/or
this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion) as to whether
the SUBRECIPIENT complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable,
refer to the separate schedule of findings and questioned costs. Page 331 of 381
9 d) a schedule of findings and questioned cost which shall include the requirements of OMB Circular A-133. 5.1.2 If the SUBRECIPIENT expends less than $500,000 in the fiscal year it
is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the SUBRECIPIENT to have a limited
scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable,
include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance
or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS
AND REPORTS 6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with CDBG Funds,
including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted, obligated and expended for the activity, and the specific provision in 24 CFR Subpart
C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208
of the CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT may substitute evidence establishing that the person assisted qualified under
another program having income qualification criteria at least as restrictive as that used in the definitions of “low-and moderate-income person” and “low-and moderate-Page 332 of 381
10 income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a verifiable certification from the assisted person that his or her family income does
not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is a referral from any governmental
agency that determines persons to be “low-and moderate-income persons” based upon HUD’s criteria and agrees to maintain documentation supporting those determinations. Such records shall
include the following information: (i) For each activity determined to benefit low-and moderate-income persons, the income limits applied and the point in time when the benefit was determined.
(ii) For each activity determined to benefit low-and moderate-income persons based on the area served by the activity: (a) The boundaries of the service area; (b) The income characteristics
of families and unrelated individuals in the service area; and (c) If the percent of low-and moderate-income persons in the service area is less than 51 percent, data showing that the
area qualifies under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii); (iii) For each activity determined to benefit low-and moderate-income persons because the activity
involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low-and moderate-income persons: (a) Documentation establishing that
the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers, for
which the regulations provide presumptive benefit to low-and moderate-income persons; or (b) Documentation describing how the nature and, if applicable, the location of the facility
or service establishes that it is used predominantly by low-and moderate-income persons; or Page 333 of 381
11 (c) Data showing the size and annual income of the household of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each
racial and ethnic group and singleheaded households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in
part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical
measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low-and moderate-income persons and the use of local businesses. 6.1.4 Financial
records, in accordance with the applicable requirements listed in 24 CFR 570.502. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set
forth in Subpart K of 24 CFR. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT’S records, including Project and programmatic
records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the “Retention Period”). All books of account and supporting documentation
shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient to meet the requirements of 24 CFR 570. All
records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same
may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all times subject to and available for full access
and and review, inspection and audit by Page 334 of 381
12 the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors
to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record-keeping
and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities
and subject to the audit and record-keeping requirements described in this Agreement 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened
or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention
Period shall be extended until such time as the threatened or pending litigation, claim claim or audit is, in the sole and absolute discretion of the Department fully, completely and
finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing both during the pendency of this Agreement and after its expiration/termination as part of the final closeout
procedure, of the address where all Agreement Records will be retained. 6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement
Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement
Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall
have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty-free, nonexclusive,
and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or
is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, Page 335 of 381
13 regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications and reports to the Department immediately
upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department and other persons duly authorized
by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver
to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide
the Department with a reasonable justification for not correcting the same. The Department will will determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable. At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the cooperation
of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation
by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUBRECIPIENT shall report to the Department the name, purpose for and any and all
other relevant information in connection with any related-party transaction. The term “related-party transaction” includes, but is not limited to, a for-profit or nonprofit subsidiary
or or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT is responsible for appointing memberships. The SUBRECIPIENT
shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior to or simultaneously with the execution of this
Agreement. Any supplemental information shall be promptly reported to the Department. Page 336 of 381
14 ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201.
7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides
benefit to low and moderate-income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all
applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including
the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the
appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 SUBRECIPIENT shall, to the greatest possible,
give low-and-moderate-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement.
Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap,
be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The SUBRECIPIENT
shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24 CFR 570.600-612). 7.8
The Subrecipient and its subcontractors shall comply with the Davis-Bacon Act, the Lead-Based paint Poisoning Prevention Act, and any other applicable laws, ordinances and regulations.
Page 337 of 381
15 7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS.
The SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for Non-Profit Organizations” and with the applicable requirements of 24
CFR Part 84 (the revised OMB Circular No. A-110). 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT
agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.200(j). In accordance with the First Amendment
of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided
to primarily religious entities for any activities, including secular activities, as provided in 24 CFR Part 570.200(j). The SUBRECIPIENT shall comply with those requirements and prohibitions
when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time
of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured
thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action
for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply
with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility for initiating
the review process under Executive Order 12372. Page 338 of 381
16 ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is
generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG
funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such
activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7)
of the CDBG Program regulations. The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify
CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the
CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION,
TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the
date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby
understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default
under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. Page 339 of 381
17 If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments
pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both
the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded
to the SUBRECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The
Department may, for reasonable cause temporarily suspend the SUBRECIPIENT’S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending
necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective
or improper use of the CDBG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT
to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT’S submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUBRECIPIENT’S
authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by
this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for Page 340 of 381
18 such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY
does not receive funds to finance this Agreement from its funding source, or in the event that the CITY’S funding source de-obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered by certified mail, return
receipt requested, or by in person delivery with proof of delivery. In the event that the CITY’S funding source reduces the CITY’S entitlement under the CDBG Program, the CITY shall
determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate
this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the SUBRECIPIENT is not materially complying with any term or provision
of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists
an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY, direct or contingent, whether
now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT,
terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery
with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement. The provisions Page 341 of 381
19 hereof are not intended to be, and shall not be, construed to limit the Department’s right to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION.
The SUBRECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUBRECIPIENT’S activities
related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any persons acting for or on its behalf,
and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney’s fees, expenses, and liabilities incurred
by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both
parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall
be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use
if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant to this Agreement shall at
all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT.
The SUBRECIPIENT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed
to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. Page 342 of
381
20 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part,
without the CITY’S prior written consent which may be granted or withheld in the CITY’S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities
in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance
of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to
the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City City of Miami Gardens (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112,
Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within OMB
Circular No. A-110. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 570.611 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term
of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute
the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any
prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 10.10 GENERAL CONDITIONS. Page 343 of 381
21 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered
mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day
on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI GARDENS Daniel A. Rosemond, Assistant
City Manager/Community Development Director Department of Community Development 1515 N.W. 167 Street; Bldg. 5, Ste. 200 Miami Gardens, Florida 33169 SUBRECIPIENT Kristi House, Inc. 1265
NW 12 Avenue Miami, FL 33136 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10.10.3 In the event of conflict between the terms
of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 10.10.4 No waiver of breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10.10.5 Should any provision, paragraph,
sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State
of Florida or the City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if
not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in
full force and effect. 10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors and not agents or employees of the Page
344 of 38
122 CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees;
further, they shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the CITY. 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon
the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses
the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT’S governing body, authorizing the execution
of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT
to act in connection with this Agreement and to provide such information as m Page 345 of 381
23 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT Kristi
House, Inc. 1265 NW 12 Avenue Miami, FL 33136 a Florida not-for-profit corporation ATTEST: _______________________________ By: Corporate Secretary Date Name: Date Title: ________________________
SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: Ronetta Taylor Date Danny O. Crew Date City Clerk City Manager
APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ Taren Kinglee, Director Date Sonja K. Dickens Date Human Resources/Risk
Management City Attorney Page 346 of 381
City of Miami Gardens Department of Community Development FY 2010-2011 Public Services Proposals Summary 1 of 2 Name of Organization Name of Proposed Program Program Description Amount
Requested Avg Score Recommend Amount Comments 1 JPM Centre at Miami Gardens Drive, Inc. The JPM Centre After School Tutorial After school tutoring program serving up to 30 youth ages
5-18, Tues-Fri from 3-6pm. $50,000 98 97 98 Yes $ 3 0,000.00 Due to funding limtations the committee recommends funding this program at a reduced amount. Clear and measurable outcomes,
demonstrated experience. 2 Kristi House Child Sexual Abuse Services Services for 40 youth (and their nonoffending family members), up to 18 years old, who are victims of sexual abuse.
$49,321 96 86 91 Yes $ 4 9,321.00 The committee recommends funding at the requested amount. Clear and measurable outcomes, demonstrated experience. 3 Sunshine For All Elderly Meals Program
in-home meal delivery to elderly residents $142,871 89 90 90 Yes $ 128,543.50 Due to funding limtations the committee recommends funding this program at the same level as the previous
year. Clear and measurable outcomes, and demonstrated experience. 4 Harvest Fire Int'l Outreach Ministries Harvest Fire Family Enrichment Center After school tutoring program $14,200
92 83 88 No $ 1 0,000.00 Due to funding limitations the committee recommends funding this program at a reduced amount. Demonstrated experience, measurable outcomes. 5 CMG Youth Violence
Prevention Coalition Youth Violence Prevention Initiative Prevention, intervention services for 2,000 youth and their families, including, care coordination, family strengthening workshops,
summer & job placement programs. $350,000 88 87 88 No $ -Due to funding limitations the committee was unable to recommend funding this program. Although the Committee felt the program
was a needed service, they felt the funding amount requested was unreasonable and excessive. (100% salaries for four staff that would also be operating in Opa Locka). 6 South Florida
After-School All-Stars, Inc. AFASAS Fit Club 9-week after school nutrition and fitness program for 75 youth in middle schools, ages 11-15. $24,816 88 83 86 No $ -Due to funding limitations
the committee was unable to recommend funding this program; although a worthwhile program with demonstrated experience, the committee felt the need for this type of service was not as
high a priority as others that are recommended. 7 The ADMIT Project, Inc. Project WHAM! After School & Weekend program that engage youth in music expression & industry training as well
as giving at-risk youth the opp. to create music and other art forms. $49,982 84 76 80 No $ -Due to funding limitations the committee was unable to recommending funding this program.
A worthwhile program, however the committee felt that there were other proposals that offered services more in line with the City's needs. 8 Carrie Meek Foundation Leadership Institute
for Girls Program to help develop leadership abilities and provide positive role models for 20 middle school girls. $80,000 64 62.5 63 No $ -Did not meet the minimum score of 70. The
proposed use of funds is not reasonable (30 laptop computers for participants), no demonstrated experience, program intent is unclear, and their were no measurable outcomes provided.
Proposal Score Page 347 of 381
City of Miami Gardens Department of Community Development FY 2010-2011 Public Services Proposals Summary 2 of 2 Name of Organization Name of Proposed Program Program Description Amount
Requested Avg Score Proposal Score Recommend Amount Comments 9 Independent Living Community Services Healthy Aging Workshops for the elderly that educates about exercise, medications,
nutrition, etc. $58,039 61 63 62 No $ -Did not meet the minimum score of 70. Goals were not measurable, no demostrated experience conducting this program, and funding requested is unreasonable
($27,000 for IT and Finance Support). 10 Switchboard of Miami Seniors Never Alone Provide support to 100 seniors connecting them to appropriate resouces for services. $55,000 66 54 60
No $ -Did not meet the minimum score of 70. Although a service that could be beneficial to our seniors, the proposal was very unorganized, intent was unclear, budget included expenses
that were not explained and unreasonable 11 CMG Parks & Recreation Department Senior Program Program & Tech Program to teach seniors about computer technology. $30,000 55 56 56 No $
-Did not meet the minimum score of 70. The proposal was incomplete with what appeared to be missing pages, and therefore the committee could not fully understand the program being proposed.
The budget requested unreasonable expenses (5 computers), no demonstrated experience, and did not identify clearly the target or how many of the target will be served. 12 Alliance for
Musical Arts Productions, Inc. Keep Moving Forward Provide wrap-around services using partnerships with other organizations $355,945 41 49 45 No $ -Did not meet the minimum score of
70. The proposed budget was unclear and the funding requested is excessive. Additionally, provided no documentation of partnerships in place. Funding Recommended $ 217,864.50 indicates
programs recommended for funding Page 348 of 381
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 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 Development Block Grant (CDBG) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew,
City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG PUBLIC SERVICE FUNDS IN
THE AMOUNT OF ONE HUNDRED TWENTYEIGHT THOUSAND FIVE HUNDRED FORTY-THREE DOLLARS AND FIFTY CENTS ($128,543.50) TO SUNSHINE FOR ALL, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT
AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Annually, the Department of Community Development makes
available Community Development Block Grant (CDBG) funds for the provision of public services to Miami Gardens’ residents. These funds are made available to interested non-profit or
community based organizations applying through a formal Request for Proposal (RFP) process. For FY 2010-11, an RFP was made available to the public on May 24, 2010. City staff held a
Technical Assistance Workshop on April 22, 2010, at which approximately 10 agencies were informed of the program guidelines and requirements. Additionally, a Pre-Proposal ITEM L-4) RESOLUTION
PUBLIC HEARING FY 2010-11 CDBG Public Service Funds Page 351 of 381
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 meeting was held on June 8, 2010 at which agencies were given the opportunity to ask specific questions about the
RFP. Proposals were due by 4:00 pm on July 9, 2010, and 12 proposals were received, evaluated and scored by staff. The top four (4) scoring agencies are being recommended to Council
to receive funding for the 2010-2011 program year. 1) JPM Centre at Miami Gardens Drive, Inc. $ 30,000.00 2) Kristi House $ 49,321.00 3) Sunshine For All, Inc. $128,543.50 4) Harvest
Fire International Outreach Ministries $ 10,000.00 $217,864.50 Current Situation Sunshine For All, Inc. (Sunshine) is a non-profit organization that delivers in home meals to low-tomoderate
income seniors who live in Miami Gardens. Eligible meal recipients receive one hot meal per day, five days a week Monday through Friday. Meals are selected by a licensed registered dietician
in order to assure that they meet the recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Science. To be eligible, an individual
must: • Be a resident of Miami Gardens • Be of low-to-moderate income • Be 62 years of age, or disabled if under the age of 62 Presently, Sunshine is serving 69 clients under the FY2009-10
contract in the amount of $128,543.50. City staff is recommending continuing to serve these 69 clients for the 2010-11 fiscal year, at the same funding level. A resolution is required
in order to allocate CDBG funds to Sunshine For All, Inc. Subsequent to Council approval of staff’s recommendation, a sub-recipient agreement will be executed between the City and Sunshine
in which the scope of services, performance deliverables, and funding distribution will be outlined. Proposed Action: Staff recommends approval of the proposed resolution allocating
FY2010-11 CDBG Public Services funds in the amount of $128,543.50 to Sunshine For All, Inc. It is further recommended that City Council authorize the City Manager to execute a sub-recipient
recipient agreement with Sunshine. Attachment: • Sunshine Sub-recipient Agreement (FY2010-11) • Sunshine Program Work Plan Page 352 of 381
1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, ALLOCATING FY 2010-11 CDBG 5 PUBLIC SERVICE FUNDS IN THE AMOUNT OF ONE HUNDRED 6 TWENTY-EIGHT
THOUSAND FIVE HUNDRED FORTY-THREE 7 DOLLARS AND FIFTY CENTS ($128,543.50) TO SUNSHINE 8 FOR ALL, INC.; AUTHORIZING THE CITY MANAGER TO 9 EXECUTE A SUBRECIPIENT AGREEMENT FOR THIS 10
PURPOSE; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, annually the Department of Community Development makes 14 available Community Development
Block Grant (CDBG) funds for the provision of public 15 services to Miami Gardens’ residents, and 16 WHEREAS, these funds are made available to interested non-profit or 17 community-based
organizations applying through a formal Request for Proposal (RFP) 18 process, and 19 WHEREAS, an RFP was issued on May 24, 2010, and 20 WHEREAS, twelve (12) proposals were received
and evaluated by City staff, and 21 WHEREAS, the top four (4) scoring agencies are being recommended to the City 22 Council to receive funding in the 2010-2011 program year, and 23 WHEREAS,
City staff is recommending that Sunshine For All, Inc., receive the 24 sum of One Hundred Twenty-Eight Thousand Five Hundred Forty-Three Dollars and 25 Fifty Cents ($128,543.50) for
the delivery of in-home meals to low-to-moderate income 26 seniors, as outlined in the cover memo accompanying this Resolution, 27 Page 353 of 381
NOW THEREFORE, BE IT RESOLVED BY THE 1 CITY COUNCIL OF THE CITY 2 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 3 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 4 paragraphs
are hereby ratified and confirmed as being true, and the same are hereby 5 made a specific part of this Resolution. 6 Section 2. AUTHORIZATION: The City Council of the City of Miami
Gardens 7 hereby allocates FY 2010-11 CDBG public service funds in the amount of One Hundred 8 Twenty-Eight Thousand Five Hundred Forty-Three Dollars and Fifty Cents 9 ($128,543.50)
to Sunshine For All, Inc., and authorizes the City Manager to execute a 10 subrecipient agreement with Sunshine For All, Inc. for this purpose. 11 Section 3. EFFECTIVE DATE: This Resolution
shall take effect immediately 12 upon its final passage. 13 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 14 AT ITS REGULAR MEETING HELD ON___________________.
15 16 17 _________________________________ 18 SHIRLEY GIBSON, MAYOR 19 ATTEST: 20 21 22 23 _________________________________ 24 RONETTA TAYLOR, MMC, CITY CLERK 25 26 27 PREPARED BY:
SONJA K. DICKENS, CITY ATTORNEY 28 29 30 31 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 32 Page 354 of 381
1 2 3 MOVED BY:_____________________ 4 5 6 7 VOTE: _____ 8 9 Mayor Shirley Gibson (Yes) ___(No) 10 Vice Mayor Aaron Campbell (Yes) ___(No) 11 Councilwoman Lisa Davis (Yes) ___(No) 12
Councilman Oliver Gilbert, III (Yes) ___(No) 13 Councilwoman Felicia Robinson (Yes) ___(No) 14 Councilwoman Sharon Pritchett (Yes) ___(No) 15 Councilman André Williams (Yes) ___(No)
16 17 18 Page 355 of 381
CITY OF MIAMI GARDENS, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day of October,
2010, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter referred to as the “CITY”) and Sunshine For All, Inc., a Florida not for profit
corporation (hereinafter referred to as the “SUBRECIPIENT”). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $128543.50 TERM OF THE AGREEMENT: October 1, 2010 through
September 30, 2011 IDIS NUMBER (to be completed by the City): ________ NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand
and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution
Authorizing Execution of this Agreement. Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding
Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form). Exhibit F Crime Entity Affidavit Page 356 of 381
2 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Agreement Records: Any
and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic
or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor
in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs,
electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community Development Block Grant Program. CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as established by the City of Miami Gardens, Florida. Department: The City of Miami Gardens Department of Community Development. Federal
Award: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. Low-and-Moderate
A member of a low-or moderate-income family Income Person: whose income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing
and Urban Development. Page 357 of 381
3 ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY’S execution of this Agreement: 2.1 The
Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section
shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where
appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries
will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and
deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this
Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this Agreement. 2.2 The Budget
Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of
all subcontracts. 2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles)
who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUBRECIPIENT’S corporate
personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 A letter accepting the Office of Management
and Budget (“OMB”) Circular No.A-87 “Principles for Determining Costs Applicable to Grants and Agreements with State, Page 358 of 381
4 Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110, Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and Custodial Requirements
for Records), “F” (Standards for Financial Management Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property Management Standards), and “O” (Procurement Standards);
OMB Circular Nos. A-122 and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations 24 CFR Part 35. 2.10 Copy of the SUBRECIPIENT’S last federal income
tax return (IRS Form 990). 2.11 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT’S Corporate
Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 ADA Certification. 2.13 Drug Free Certification. 2.14 All
other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the
CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall
begin on ___October 1, 2010 and end on September 30, 2011__. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program,
which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, Page
359 of 381
5 procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in
the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating
when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the
execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services
or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement.
ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION The amount of compensation payable by the City to the Project Sponsor shall be based on the rates, schedules and
conditions described in Exhibit “C” attached hereto, which by this reference is incorporated into this Agreement.” 4.2 INSURANCE: At all times during the term hereof, the SUBRECIPIENT
shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance
indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Commercial General Liability in
an amount not less than $300,000.00 per occurrence, $1,000,000.00 aggregate, protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an
accident occurring on or about, its property. (ii) Automobile liability for all owned vehicles and for non-owned and hired automobiles in the amount of $300,000 combined single limit
Page 360 of 3
816 for bodily and property damage and/or split limits in the amount of $100,000/$300,000 for bodily injury and $100,000 for property damage. (iii) Workers' compensation insurance as
required by the laws of the State of Florida. 4.2.2 All such insurance shall insure the CITY as the primary additional insured. The SUBRECIPIENT shall be required to furnish evidence
of any other insurance coverage the CITY may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification, and all such policies shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime
Policy (Employee Coverage) for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grant of
funds hereunder. The CITY shall be named as Loss Payee. 4.2.4 Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this
section or under any other section of this Agreement. 4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as “Indemnities”) and each of them from and against
all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death
of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Subrecipient or its employees, agents or subcontractors,
or (ii) the the failure of the Subrecipient to comply with any of the paragraphs herein or the failure of the Subrecipient to conform to statutes, Page 361 of 381
7 ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees
to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Subrecipient, or any of its
subcontractors, as provided above, for which the Subrecipient’s liability to such employee or former employee would otherwise be limited to payments under state Workers’ Compensation
or similar laws. 4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period
of three years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment
made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any
payments made to the SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in
the event that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and
local agencies. 4.5 CONTINGENCY CLAUSE: Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is
also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement,
the SUBRECIPIENT shall adhere to the following audit requirements: 5.1.1 If the SUBRECIPIENT expends $500,000 or more in the fiscal year it shall have a single audit or program specific
audit conducted for that year. The audit shall Page 362 of 381
8 be conducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity
with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform
sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the SUBRECIPIENT has complied with laws, regulations and the provisions of this
Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor’s report(s) or nine (9) months after the end of the audit period. The reporting
package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor’s report and the corrective
action plan. The auditor’s report shall include: a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity
with generally accepted principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material
respects in relation to the financial statements taken as a whole. b) a report on internal controls related to the financial statements and major programs. This report shall describe
the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. c) a report on compliance
with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also
include an opinion (or disclaimer of opinion) as to whether the SUBRECIPIENT complied with the laws, regulations, and the provisions of contracts and this Agreement which could have
a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. d) a schedule of findings and questioned cost which
shall include the requirements of OMB Circular A-133. Page 363 of 381
9 5.1.2 If the SUBRECIPIENT expends less than $500,000 in the fiscal year it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable
expense. The City, however, may request the SUBRECIPIENT to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and
address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences
of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and
the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the
CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing
a full description of each activity assisted (or being assisted) with CDBG Funds, including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted,
obligated and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating
that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of the CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT
may substitute evidence establishing that the person assisted qualified under another program having income qualification criteria at least as restrictive as that used in the definitions
of “low-and moderate-income person” and “low-and moderateincome household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a verifiable certification from
the assisted person that his or Page 364 of 381
10 her family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is
a referral from any governmental agency that determines persons to be “low-and moderate-income persons” based upon HUD’s criteria and agrees to maintain documentation supporting those
determinations. Such records shall include the following information: (i) For each activity determined to benefit low-and moderate-income persons, the income limits applied and the point
in time when the benefit was determined. (ii) For each activity determined to benefit low-and moderate-income persons based on the area served by the activity: (a) The boundaries of
the service area; (b) The income characteristics of families and unrelated individuals in the service area; and (c) If the percent of low-and moderate-income persons in the service area
is less than 51 percent, data showing that the area qualifies under the exception criteria set forth forth in 24 CFR 570.208(a)(1)(ii); (iii) For each activity determined to benefit
low-and moderate-income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low-and moderate-income
persons: (a) Documentation establishing that the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate
persons, or migrant farm workers, for which the regulations provide presumptive benefit to low-and moderate-income persons; or (b) Documentation describing how the nature and, if applicable,
the location of the facility or service establishes that it is used predominantly by low-and moderate-income persons; or (c) Data showing the size and annual income of the household
of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: Page 365 of 381
11 (i) Data on the extent to which each racial and ethnic group and singleheaded households (by gender of household head) have applied for, participated in, or benefited from, any program
or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain
or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b)
which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low-and moderate-income persons and the
use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. 6.1.5 Records required to be maintained in accordance with
other applicable laws and regulations set forth in Subpart K of 24 CFR. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT’S
records, including Project and programmatic records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the “Retention Period”).
All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient
to meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide
by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. Page 366 of 381
12 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities,
as such activities are described in this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in
its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this
Agreement 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities
pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending
litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing
both during the pendency of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period.
6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall
become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable
materials developed in the performance of this Agreement. These rights include the right of royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use,
and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of, other governmental agencies, and
those agencies issue monitoring reports, regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications
and reports Page 367 of 381
13 to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department
and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities
undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews,
the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set
forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or
not the SUBRECIPIENT’S justification is acceptable. At the request of the CITY, the SUBRECIPIENT SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT’s official
policies on specified issues relating to the SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff;
the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY
or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUBRECIPIENT shall report to the
Department the name, purpose for and any and all other relevant information in connection with any related-party transaction. The term “related-party transaction” includes, but is not
limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT is responsible
for appointing memberships. The SUBRECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior
to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. Page 368 of 381
14 ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201.
7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides
benefit to low and moderate-income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all
applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including
the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the
appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 SUBRECIPIENT shall, to the greatest possible,
give low-and-moderate-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement.
Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap,
be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The SUBRECIPIENT
shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24 CFR 570.600-612). 7.8
The Subrecipient and its subcontractors shall comply with the Davis-Bacon Act, the Lead-Based paint Poisoning Prevention Act, and any other applicable laws, ordinances and regulations.
Page 369 of 381
15 7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS.
The SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for Non-Profit Organizations” and with the applicable requirements of 24
CFR Part 84 (the revised OMB Circular No. A-110). 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT
agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.200(j). In accordance with the First Amendment
of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided
to primarily religious entities for any activities, including secular activities, as provided in 24 CFR Part 570.200(j). The SUBRECIPIENT shall comply with those requirements and prohibitions
when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time
of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured
thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action
for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply
with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility for initiating
the review process under Executive Order 12372. Page 370 of 381
16 ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is
generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG
funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such
activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7)
of the CDBG Program regulations. The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify
CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the
CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION,
TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the
date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby
understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default
under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. Page 371 of 381
17 If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments
pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both
the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded
to the SUBRECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The
Department may, for reasonable cause temporarily suspend the SUBRECIPIENT’S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending
necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective
or improper use of the CDBG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT
to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT’S submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUBRECIPIENT’S
authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by
this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for Page 372 of 381
18 such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY
does not receive funds to finance this Agreement from its funding source, or in the event that the CITY’S funding source de-obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered by certified mail, return
receipt requested, or by in person delivery with proof of delivery. In the event that the CITY’S funding source reduces the CITY’S entitlement under the CDBG Program, the CITY shall
determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate
this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the SUBRECIPIENT is not materially complying with any term or provision
of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists
an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY, direct or contingent, whether
now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT,
terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery
with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement. The provisions Page 373 of 381
19 hereof are not intended to be, and shall not be, construed to limit the Department’s right to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION.
The SUBRECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUBRECIPIENT’S activities
related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any persons acting for or on its behalf,
and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney’s fees, expenses, and liabilities incurred
by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both
parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall
be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use
if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant to this Agreement shall at
all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT.
The SUBRECIPIENT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed
to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. Page 374 of
381
20 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part,
without the CITY’S prior written consent which may be granted or withheld in the CITY’S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities
in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance
of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to
the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City City of Miami Gardens (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112,
Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within OMB
Circular No. A-110. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 570.611 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term
of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute
the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any
prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 10.10 GENERAL CONDITIONS. Page 375 of 381
21 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered
mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day
on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI GARDENS Daniel A. Rosemond, Assistant
City Manager/Community Development Director Department of Community Development 1515 N.W. 167 Street; Bldg. 5, Ste. 200 Miami Gardens, Florida 33169 SUBRECIPIENT Sunshine For All, Inc.
1407 SW 22 Street Miami, FL 33145 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10.10.3 In the event of conflict between the
terms of this Agreement and any terms or conditions contained in any attached documents, the terms in in this Agreement shall control. 10.10.4 No waiver of breach of any provision of
this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10.10.5 Should any
provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under
the laws of the State of Florida or the City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall be deemed modified
to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees and agents shall be deemed to
be independent contractors and not agents or employees of the Page 376 of 381
22 CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees;
further, they shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the CITY. 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon
the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses
the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT’S governing body, authorizing the execution
of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT
to act in connection with this Agreement and to provide such information as m Page 377 of 381
23 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT Sunshine
For All, Inc. 1407 SW 22 Street Miami, FL 33145 a Florida not-for-profit corporation ATTEST: _______________________________ By: Corporate Secretary Date Name: Victor Seijas Date Title:
Chairman of the Board SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: ___ Ronetta Taylor Date Danny O. Crew
Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ ___ Taren Kinglee, Director Date Sonja K.
Dickens Date Human Resources/Risk Management City Attorney Page 378 of 381
City of Miami Gardens Department of Community Development FY 2010-2011 Public Services Proposals Summary 1 of 2 Name of Organization Name of Proposed Program Program Description Amount
Requested Avg Score Recommend Amount Comments 1 JPM Centre at Miami Gardens Drive, Inc. The JPM Centre After School Tutorial After school tutoring program serving up to 30 youth ages
5-18, Tues-Fri from 3-6pm. $50,000 98 97 98 Yes $ 3 0,000.00 Due to funding limtations the committee recommends funding this program at a reduced amount. Clear and measurable outcomes,
demonstrated experience. 2 Kristi House Child Sexual Abuse Services Services for 40 youth (and their nonoffending family members), up to 18 years old, who are victims of sexual abuse.
$49,321 96 86 91 Yes $ 4 9,321.00 The committee recommends funding at the requested amount. Clear and measurable outcomes, demonstrated experience. 3 Sunshine For All Elderly Meals Program
in-home meal delivery to elderly residents $142,871 89 90 90 Yes $ 128,543.50 Due to funding limtations the committee recommends funding this program at the same level as the previous
year. Clear and measurable outcomes, and demonstrated experience. 4 Harvest Fire Int'l Outreach Ministries Harvest Fire Family Enrichment Center After school tutoring program $14,200
92 83 88 No $ 1 0,000.00 Due to funding limitations the committee recommends funding this program at a reduced amount. Demonstrated experience, measurable outcomes. 5 CMG Youth Violence
Prevention Coalition Youth Violence Prevention Initiative Prevention, intervention services for 2,000 youth and their families, including, care coordination, family strengthening workshops,
summer & job placement programs. $350,000 88 87 88 No $ -Due to funding limitations the committee was unable to recommend funding this program. Although the Committee felt the program
was a needed service, they felt the funding amount requested was unreasonable and excessive. (100% salaries for four staff that would also be operating in Opa Locka). 6 South Florida
After-School All-Stars, Inc. AFASAS Fit Club 9-week after school nutrition and fitness program for 75 youth in middle schools, ages 11-15. $24,816 88 83 86 No $ -Due to funding limitations
the committee was unable to recommend funding this program; although a worthwhile program with demonstrated experience, the committee felt the need for this type of service was not as
high a priority as others that are recommended. 7 The ADMIT Project, Inc. Project WHAM! After School & Weekend program that engage youth in music expression & industry training as well
as giving at-risk youth the opp. to create music and other art forms. $49,982 84 76 80 No $ -Due to funding limitations the committee was unable to recommending funding this program.
A worthwhile program, however the committee felt that there were other proposals that offered services more in line with the City's needs. 8 Carrie Meek Foundation Leadership Institute
for Girls Program to help develop leadership abilities and provide positive role models for 20 middle school girls. $80,000 64 62.5 63 No $ -Did not meet the minimum score of 70. The
proposed use of funds is not reasonable (30 laptop computers for participants), no demonstrated experience, program intent is unclear, and their were no measurable outcomes provided.
Proposal Score Page 379 of 381
City of Miami Gardens Department of Community Development FY 2010-2011 Public Services Proposals Summary 2 of 2 Name of Organization Name of Proposed Program Program Description Amount
Requested Avg Score Proposal Score Recommend Amount Comments 9 Independent Living Community Services Healthy Aging Workshops for the elderly that educates about exercise, medications,
nutrition, etc. $58,039 61 63 62 No $ -Did not meet the minimum score of 70. Goals were not measurable, no demostrated experience conducting this program, and funding requested is unreasonable
($27,000 for IT and Finance Support). 10 Switchboard of Miami Seniors Never Alone Provide support to 100 seniors connecting them to appropriate resouces for services. $55,000 66 54 60
No $ -Did not meet the minimum score of 70. Although a service that could be beneficial to our seniors, the proposal was very unorganized, intent was unclear, budget included expenses
that were not explained and unreasonable 11 CMG Parks & Recreation Department Senior Program Program & Tech Program to teach seniors about computer technology. $30,000 55 56 56 No $
-Did not meet the minimum score of 70. The proposal was incomplete with what appeared to be missing pages, and therefore the committee could not fully understand the program being proposed.
The budget requested unreasonable expenses (5 computers), no demonstrated experience, and did not identify clearly the target or how many of the target will be served. 12 Alliance for
Musical Arts Productions, Inc. Keep Moving Forward Provide wrap-around services using partnerships with other organizations $355,945 41 49 45 No $ -Did not meet the minimum score of
70. The proposed budget was unclear and the funding requested is excessive. Additionally, provided no documentation of partnerships in place. Funding Recommended $ 217,864.50 indicates
programs recommended for funding Page 380 of 381
EXHIBIT B WORK PLAN Program Year: October 1, 2010 – September 30, 2011 Organization Name: Sunshine For All, Inc. Program Name: CDBG Elderly Meals Program Detailed Scope of Work: • Homebound
Meals to up to 69 Elderly and Disabled participants • One (1) meal per day; five (5) days a week • Period of 262 business days (Monday to Friday) to commence on October 1, 2010 and end
on September 30, 2011. 1) SUBRECIPIENT understands that the National Objective is Limited Clientele. 2) SUBRECIPIENT will recruit program participants that meet the following criteria:
a) Must be a resident of the City of Miami Gardens b) Must be a member of a low-to-moderate income household c) Must be at least 62 years of age, or disabled if less than 62 years of
age. 3) SUBRECIPIENT may replace participants who stop receiving program benefits by providing the information required in 2 above. Page 381 of 381