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Home My WebLink AboutJuly 8, 2015 City Council AgendaRegular City Council Agenda July 8, 2015 Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: July 8, 2015 18605 NW 27th Avenue Miami Gardens, Florida 33056 Next Regular Meeting Date: July 22, 2015 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Oliver Gilbert Vice Mayor Felicia Robinson Councilman Rodney Harris Councilwoman Lisa C. Davis Councilman David Williams Jr. Councilwoman Lillie Q. Odom Councilman Erhabor Ighodaro, Ph.D. City Manager Cameron Benson City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – June 24, 2015 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilwoman Lillie Q. Odom - (G) PUBLIC COMMENTS (2 minutes each) Page 1 of 60 Regular City Council Agenda July 8, 2015 Page 2 (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) RESOLUTION(S)/PUBLIC HEARING(S) J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT TENTH PROGRAM YEAR ACTION PLAN, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE WAIVER OF USAGE RENTAL FEES TO ALLOW THE NATIONAL ASSOCIATION OF REAL ESTATE BROKERS, INC. (“NAREB”), TO HOST A HOMEOWNERSHIP WORKSHOP ON SATURDAY, SEPTEMBER 12, 2015, AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACKNOWLEDGING COUNCILMAN RODNEY HARRIS’ APPOINTMENT OF ROBERT CALLAM TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE FOR A TWO (2) YEAR TERM ENDING JULY 8, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN HARRIS) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH FOOD TRUCK INVASION, INC., FOR FOOD TRUCKS AND FAMILY ENTERTAINMENT AT ROLLING OAKS PARK; PROVIDING FOR THE ADOPTION OF Page 2 of 60 Regular City Council Agenda July 8, 2015 Page 3 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY COUNCILMAN HARRIS) K4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REJECTING ALL PROPOSALS RECEIVED IN RESPONSE TO ITB NO. 14-15-020 TO FURNISH AND INSTALL A PUBLIC SAFETY DISPATCH RADIO SYSTEM INTO THE NEW POLICE DEPARTMENT COMPLEX TRANSPORTATION SERVICES; AUTHORIZING THE CITY MANAGER TO REISSUE SAID BID; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S) None QUASI-JUDICIAL ZONING HEARINGS: (M) ORDINANCES ON FOR FIRST READING(S): None (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (O) RESOLUTION(S)/PUBLIC HEARING(S) None (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (S) 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. 2830, 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) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. Page 3 of 60 Regular City Council Agenda July 8, 2015 Page 4 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 4 of 60 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 2015 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) Program 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 Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X Sponsor Name Cameron D. Benson, City Manager Department:Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT TENTH PROGRAM YEAR ACTION PLAN, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background As required by the US Department of Housing and Urban Development (HUD), each Community Development Block Grant (CDBG) Entitlement City must submit an Annual Action Plan that outlines the activities (programs) to be carried out by each grantee using Federal funds. The Annual Action Plan details the types of projects that will be carried out, the individuals who will benefit from these projects, and sets the goals for what will be accomplished during the plan year (2015-2016). The CDBG Annual Action Plan must correspond with the City’s 5- Year Consolidated Plan, which covers 2011-2016. Item J-1) Public Hearing Resolution Community Development Block Grant Page 5 of 60 18605 NW 27 Avenue Miami Gardens, Florida 33056 Current Situation In accordance with HUD and CDBG regulations, City staff has prepared a draft Annual Action Plan for the City’s Ninth (10th) Program Year (2015-2016), which starts October 1, 2015. The City of Miami Gardens has been allocated $1,000,644 in CDBG funds. This amount represents a slight increase of $793 from the previous year’s allocation. Program Year Allocation 2010-11 $1,516,676 2011-12 $1,263,947 2012-13 $943,925 2013-14 $1,014,829 2014-15 $999,851 2015-16 $1,000,644 The attached draft Annual Action Plan provides the details of the proposed activities to be carried out. Two (2) public meetings were held on June 15th, 2015, and the draft Plan was also publicly advertised for thirty (30) days beginning June 8, 2015, allowing for public comments. Comments received during the 30-day comment period and at the public meetings will be evaluated and incorporated into the Plan when necessary. Hard copies of the draft Plan were made available at City Hall. Additionally, the Plan was posted on the City’s website for download. Information about the public meetings, along with addresses and links to submit comments on the Plan were advertised in the North Dade Neighbors Section of the Miami Herald on Sunday, June 7th and Thursday, June 11th. Finally, flyers were distributed to all clients receiving services through our public services partnering agencies, and emailed to local non-profit organizations, neighborhood crime watch groups, homeowners associations, area clubs, and churches; flyers were also mailed to residents who have received assistance through the City’s housing rehab program. For Program Year 10, staff is recommending the following allocations: Upon City Council’s approval, the Plan must be submitted to HUD prior to the August 15th deadline in order to secure the City’s funding allocation. Fiscal Impact No immediate fiscal impact. This is just the expenditure planning of how the funding provided for CDBG will be allocated. CDBG Projects Allocation Housing Rehab $450,000 Infrastructure Improvements $200,420 Public Services (15% Cap) $150,096 Program Admin (20% Cap) $200,128 Total Allocation $1,000,644 Page 6 of 60 18605 NW 27 Avenue Miami Gardens, Florida 33056 Proposed Action: That the City Council approves the attached resolution. Attachments:  10th Program Year Annual Action Plan (2015-2016) [Draft will become approved plan upon approval by Council] Page 7 of 60 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, APPROVING THE COMMUNITY 4 DEVELOPMENT BLOCK GRANT TENTH PROGRAM YEAR 5 ACTION PLAN, ATTACHED HERETO AS EXHIBIT “A”; 6 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7 PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the City of Miami Gardens is an entitlement City under the Federal 10 Community Development Block Grant Fund Program (“CDBG”) for Fiscal Year 2015-11 2016, and 12 WHEREAS, the U.S. Housing and Urban Development Department (“HUD”) 13 requires each entitlement City to submit an Annual Action Plan, which outlines the 14 activities to be carried out by the entitlement grantee using CDBG funds, and 15 WHEREAS, the City of Miami Gardens has been allocated One Million Six 16 Hundred Forty-Four Dollars ($1,644,000.00) in Community Development Block Grant 17 Fund Program (“CDBG”) Funds for Fiscal Year 2015-2016, and 18 WHEREAS, this amount represents a slight increase of Seven Hundred Ninety-19 Three ($793.00) from the previous year’s allocation, and 20 WHEREAS, the Annual Action Plan attached hereto as Exhibit “A” provides 21 details of the activity to be carried out in Fiscal Year 2015-2016, 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26 made a specific part of this Resolution. 27 Page 8 of 60 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28 hereby approves the Community Development Block Grant Tenth Program Year action 29 plan, attached hereto as Exhibit “A”. 30 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 31 upon its final passage. 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 34 35 ___________________________________ 36 OLIVER GILBERT, III, MAYOR 37 38 39 40 ATTEST: 41 42 43 __________________________________ 44 RONETTA TAYLOR, MMC, CITY CLERK 45 46 47 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48 49 50 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 51 52 53 Moved by: __________________ 54 55 VOTE: _________ 56 57 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 59 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 60 Councilman David Williams Jr ____ (Yes) ____ (No) 61 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 62 Councilman Rodney Harris ____ (Yes) ____ (No) 63 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64 65 Page 9 of 60 Cit Dep Com Dev Submitt The US D Commun 909 SE F Miami, F ty o partm mmun velopm ted to: Department nity Plannin First Avenue Florida 3313 of M ent of nity ment t of Housing ng & Develo e, Suite 500 31-3028 Mia f T A F 2 2 g & Urban D pment ami enth P ction P FY 20 20 evelopment Ga Progra Plan - Y 01 01 t arde am Yea DRAF 15 16 ens ar FT - s Page 10 of 60 City of Miam Tenth Prog Response respond Executive GENER Execut Program The Prog October described benefits neighbor benefits other fed environm The City priority n level for year whe narrow it City’s ho infrastru through t Neighbor impleme 1, the C foreclosu time hom income. participa The Exe an eva mi Gardens gram Year Actio es to Actio to each yea e Summary n RAL tive Sum m Year 10 A gram Year 1 1, 2015 thro d in this 10th to low- and rhoods with to the City deral, state, ment and inc intends to needs ident the past th en significan ts focus on using progra cture impro the Public Se rhood Stabi nt revitaliza City purchas ures and sub mebuyers, i The City ting in the N ecutive Summ luation of pas n Plan - DRAFT Tent Actio The CPMP n Plan que r in order to narratives ar Narr mary Action Plan 10 Action Pla ough Septem h Year Action d moderate h high conc as a whole. , and local crease econo fully utilize ified in the ree years, it t funding cu programs th ams; mainta ovements; a ervices prog lization Prog ation strateg ed 74 aban b-prime mo including 20 will contin NSP program mary is requir st performan T th Pr on Pl Tenth Annu estions that o be complia re optional. rative n Executive an for the C mber 30, 201 n Plan are de -income ind centrations . The City w grant progr omic opport its Program 2011-2016 t has not be uts caused th hat preserve ain the safety and provide gram. gram (NSP) gies in comm ndoned and rtgages exis 0 properties nue to pro m by selling t red. Include th ce. 2 ogra an ual Action P CDBG, HO ant with the e Res e Summary City of Miam 16. As in pre eveloped wit dividuals, an of low- an will also use rams to pro unities in th m Year 10 a Consolidate een funded he City to re e decent an y and sanita e much ne Round 1 an munities wit foreclosed sted, rehabb s to househ ovide indire the homes p he objectives m Ye Plan include ME, HOPW Consolidate spons y: mi Gardens evious years th three prim nd househol d moderate e the plan to oduce decen e communit allocation of ed Plan. Wh at the level duce its CDB nd affordable ary condition eded social nd 3 funds h high forec homes in bed and sold holds unde ect subsidie purchased a s and outcome ear es the SF 42 WA, and ESG ed Planning ses covers the p s, the progra mary object lds, 2) prov e-income re o coordinate nt housing, ty. f $1,000,644 hile CDBG fu s prior to th BG funded p e housing st ns of neighb l services t will continu closure rates neighborho d 69 homes r 50% of t es to eligib nd rehabbed es identified i Versio 24 and Narr G grantees Regulations period begin ams and acti ives, 1) prov iding benefi esidents, an e its efforts a suitable 4 to addres unding has he 2011-12 programming tock throug orhoods thr to city resid ue to be use s. As part of oods where s to eligible he area me ble homeb d with NSP f in the plan an on 2.0 rative must s. The nning vities viding its to nd 3) with living s the been fiscal g and h the rough dents ed to f NSP high first- edian uyers funds nd Page 11 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 3 Version 2.0 at affordable prices. These activities are already underway and will continue as part of the Program Year 10 Action Plan. The expected overall outcome of the NSP program is revitalization of communities where foreclosures were prevalent in causing the decline in home values and the quality of life. It is anticipated that the remaining 5 properties that have been purchased will be rehabilitated and sold to eligible homebuyers by the completion of Program Year 10. As part of NSP 3, the City has selected two developers to continue the City’s stabilization efforts. These agreements are leveraging the funds originally granted to the City to achieve the total number of impact units needed in the target areas proposed in the NSP 3 Action Plan. One of those developers will provide 5 low-income housing units for sale at affordable prices, while the other will provide a low-income rental housing program for the elderly. Both agreements will continue into Program Year 10. General Questions Action Plan General Question responses: 1. Geographic areas of the jurisdiction The City of Miami Gardens was incorporated on May 13, 2003, as the 33rd city in Miami-Dade County. With an estimated population of 107,167 it is the third largest city in the County, according to the 2010 US Census. The City is located in North-Central Miami-Dade County and covers an area of approximately 20 square miles. Miami Gardens borders Broward County to the north, the City of Miami Lakes and Unincorporated Miami-Dade County to the west, the City of Opa-Locka to the south, and the City of North Miami Beach and Unicorporated Miami- Dade County to the east. Miami Gardens is an urban/suburban community that was heavily developed between 1950 and 1969. It is a solid, working and middle class community of unique diversity and holds the distinction of being the largest predominantly African-American municipality in the State of Florida. The City is 74% non-Hispanic Black, 20% Hispanic, 5% White non-Hispanic, and 1% other. 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Page 12 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 4 Version 2.0 According to the 2005-2009 American Community Survey, approximately 15,982 households in the City of Miami Gardens earn 80% of the area median income or less, and are therefore classified as low-income by HUD. This represents approximately 47% of the citywide population for whom household income could be determined. Maps I-1 and I-2 in the 2011-2016 Consolidated Plan illustrate the following areas of the City: (1) the City location and (2) the CDBG priorty areas by census block group and neighborhood. 2. Basis for Allocating Funding Since the primary national objective of the Consolidated Plan programs are to benefit low- and moderate-income residents, the City of Miami Garden’s CDBG program funds will be utilized to develop programs and activities that will provide assistance to this target population, and benefit the City as a whole in improving the quality of life for the residents. Target Areas: The City of Miami Gardens has identified twelve areas that have more than 50% of their residents within the low-to-moderate income range category, as defined by HUD. These areas are designated CDBG priority areas for the purpose of program funding. Neighborhood Census Tracts Brentwood & Vicinity 010002-1 *Bunche Park 000401-6, 000402-2, 000402-3*, 000402-4* *Cloverleaf Estates & Vicinity 009501-9* Kings Gardens 010010-2 Lake Lucerne 009904-1, 009904-9 LeJeune Gardens & Vicinity 010006-1 Leslie Estates & Vicinity 010002-2 Myrtle Grove & Vicinity 009400-1 *Rainbow Park 000403-1*, 000403-5*, 000403-6 Vista Verde & Vicinity 010001-9 Unidentified 009600-2, 009902-3 *indicates neighborhood with greater than 70% low-mod income Public Services: The City continues to make public services a priority, setting aside the maximum amount of 15% of its annual CDBG allocation to these programs each year. Over the years, the City has implemented many programs by partnering with not-for-profit agencies that provide these services in the community. Some of these programs include; home delivered meals for the elderly, telephone reassurance services for seniors who live alone or are alone for most of the day, services for children who are victims of abuse, after school tutoring, a food pantry, and a youth development program for children living in HUD assisted housing in Miami Gardens. Housing Rehabilitation: The City’s housing rehabilitation program has been widely successful. In just 8-years, the City has performed rehabilitation on 188 single family homes using CDBG as well as other grant funds; more than 700 homeowners and residents have benefited from this assistance. By the end of the 9th program year, the City will have completed at least another 15 home rehabilitation projects. The program has provided better safety and living conditions for low- and moderate-income residents that would not have been able to afford such improvements. However, the City has a waitlist that is more than 3 years old of residents in Page 13 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 5 Version 2.0 need of home repairs. While the City is young, just 12 years old, more than 53% of its housing stock is 50 years old or older. As a result, the City allocated additional CDBG funding to this program in the 9th program year and will do so again in program year 10. Infrastructure: The Livable Neighborhoods program was created in 2006 with the intent of improving storm water drainage facilities in neighborhoods with a history of flooding problems. Using CDBG, CDBG-R, and Disaster Recovery funding from the State of Florida, 3 projects were completed in Kings Gardens I & II, Bunche Park, and a portion of the Vista Verde Neighborhood. Over 5,000 households in the census tracts in which these neighborhoods lie have benefited from the improved storm water drainage, sidewalks and crosswalks, lighting, and repaired streets; making these neighborhoods safer and more sanitary for their residents. Infrastructure improvements to additional areas of the Vista Verde Neighborhood will continue in the 2015-16 fiscal year. 3. Obstacles to Meeting Underserved Needs The great recession has impacted federal, state, and local government budgets over the past several years. While the City is seeing a slight increase of $793 in CDBG funding for program year 10, overall federal funding has been on the decline since the 2011-12 fiscal year. The City’s CDBG allocation has been reduced by 34% since the 2011-12 fiscal year. Despite these funding challenges, the City continues to seek partnerships with various state, county, and non-profit agencies with existing programs in the community to leverage the City's CDBG allocation. 4. Federal, State, and Local Resources Expected In Program Year 10, the City’s expected resources include:  Program income generated from the Neighborhood Stabilization Program (NSP) Round 1 and 3;  CDBG allocation of $1,000,644; and  State Housing Initiative Partnership (SHIP) Program estimated allocation of $328,433. Homeless assistance grants are administered by the Miami-Dade County Homeless Trust, which serves as the regional Continuum of Care. Page 14 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 6 Version 2.0 Managing the Process Action Plan Managing the Process response: 1. Lead Agency As the entitlement grantee for the CDBG programs, the City of Miami Gardens’ Department of Community Development is the lead agency for the development of this 2015-2016 Action Plan that outlines the proposed activities and expenditures under these programs. Community Development staff will also act as the public agency that will administer the programs and activities under the plan. This Department will oversee economic development, community development, housing, lead paint abatement, public facilities and infrastructure improvement programs. 2. Plan Development Process The City of Miami Gardens has implemented a process for the development of the 5-Year Consolidated Plan and the 2015-2016 Action Plan that encouraged broad participation from the community. At each step in the process, care has been taken to ensure that low- and moderate- income residents, members of minority groups, agencies involved in the provision of services to these populations, and others who are directly impacted by the programs and projects supported by the Consolidated Plan programs have been actively involved. The organizations that actively participated in the process included homeowner associations, faith-based organizations, community organizations, other service providers, residents and business owners. 3. Enhanced Coordination As stated above, the City of Miami Gardens has limited resources to address the many priorities identified by the community. As such, during the upcoming year the City will continue working to create partnerships with other funding sources, public and private housing agencies, and health and social service providers to leverage the 2015-2016 CDBG allocation. 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Page 15 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 7 Version 2.0 Citizen Participation Action Plan Citizen Participation response: 1. Citizen Participation Process The City of Miami Gardens encourages its citizens to participate in the development of its Consolidated Plan, Annual Action Plan, any Amendments, and required Consolidated Annual Performance and Evaluation Report (CAPER). The City publicly advertises the meetings and holds the meetings in the City Hall Community Room and other central locations in the City, such as the Betty T. Ferguson Recreation Complex, which are publicly accessible. In addition, the City will take steps to encourage the participation of all its citizens, including non-English speaking persons, as well as persons with disabilities by providing translation services for any public meeting or public hearing, if a request for such services is requested four days in advance of the meeting. In addition, all meetings are conducted in areas and locations that are accessible to persons with disabilities. Citizen Input: The City, on an annual basis, will make available to citizens, public agencies, and other interested parties, information that includes: the amount of assistance the City expects to receive, including specific grant funds, available unspent prior years funds, and related program income. The City will also disclose the range of activities that may be undertaken including the estimated amount that will benefit persons of low- and moderate-income. City’s Notification Requirement Regarding Draft Plan Availability: For Program Year 10, notification was advertised in a local newspaper of general circulation (The Miami Herald) to inform the public that a draft Annual Action Plan was available to examine and subject to public comment. The notification provided a summary of the proposed Annual Action Plan, and described the contents and purpose of the particular plan. The notice was also posted on the City’s website (www.miamigardens-fl.gov) and at the location below. The public notice stated that copies of the Plan were available for review on the City’s website and at the following locations for a period of 30-days: City of Miami Gardens Department of Community Development 18605 NW 27 Avenue, 1st Floor, Suite 151 Miami Gardens, FL 33056 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non-English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Page 16 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 8 Version 2.0 Public comment could also be submitted electronically by sending emails to: hudcomment@miamigardens-fl.gov. Citizen Response Time Frame: The City will make the Plan public, and upon request in a format accessible to persons with disabilities. The City will provide citizens a reasonable opportunity to comment on the Plan, and on any amendments to the Plan as defined by this Citizen Participation Plan. The City will consider any comments or views of citizens received in writing, or orally, at any of the public hearings, or during the 30-day public review and will address those comments in the preparation of the final Annual Action Plan. The City will include any written or oral comments in the final Annual Action Plan submitted to HUD. The City will also make copies of the draft plan, and final plan available to the general public, at no cost on the City’s website (www.miamigardens-fl.gov). Hard copies will also be available upon request. Amendments: The City will amend its approved plan whenever it makes one of the following decisions: 1. To make a change in the goal, priority, or project of the Consolidated Plan; or 2. To carry out a project, using funds from any program covered by the Consolidated Plan (including program income), not previously covered in the Action Plan; or 3. To change the purpose, scope, location, or beneficiaries of a project included in the Annual Action Plan. Each amendment must be authorized by the City Manager or his designee, and submitted to HUD. All amendments will also be made public by posting at City Hall and on the City’s website (www.miamigardens-fl.gov). Amendments involving at least $50,000 will also be advertised in the local newspaper. The amendment may be implemented immediately after submitting it to HUD and making it public. A substantial amendment to the Consolidated or Annual Action Plan is defined by the City as a transfer between two or more Plan projects that is greater than 20% of each CDBG funding year allocation. Moving funds between same projects under different funding years, where accomplishments and activities do not change, will not require a substantial amendment. Substantial amendments to the Plan will need to be presented to the City of Miami Gardens City Council for their review and approval. The public will also be notified of the amendment by advertising in the local newspaper. The advertising of the substantial amendment will begin a 30-day citizen review and comment period. The City will consider any comments or views of citizens received in writing or orally during the comment period, and will be submitted to HUD, and made available at City Hall, the Betty T. Ferguson Recreation Complex, and the North Dade Regional Library. The City Manager will submit a letter to HUD authorizing the amendment after the 30-day comment period and will implement the amendment at that time. Performance Report: At the end of each program year, a Comprehensive Annual Performance and Evaluation Report (CAPER) must be submitted to HUD. The CAPER gives an actual account of the activities that occurred during the previous program year, and how the City maintained and expended the funds outlined in the Annual Action Plan for that program year. Upon completion of the CAPER, and at least 15-days prior to its submission to HUD, the City will hold 2 public hearings to adopt the CAPER. The hearings shall be advertised at least 1 week in advance in a newspaper of general circulation throughout the area(s) eligible to receive funds Page 17 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 9 Version 2.0 under the programs advertised. Additionally, the report will be made available to the general public for a 15-day public review and comment period. The notice and the draft CAPER will also be made available to the public via the City’s website (www.miamigardens-fl.gov) at least 2 weeks prior to the hearing date. Any comments received from the general public will be included in the CAPER submitted to HUD. Each public hearing notice must include the availability of an interpreter if a significant number of non-English speaking or hearing-impaired persons are expected to participate at the hearing. It will be the responsibility of the residents to notify the City at least 4-days in advance of the hearing if interpreter services are needed. Each public hearing notice will indicate this policy and provide a telephone number to contact the City. The City will consider any comments or views of citizens received in writing, or orally at the public hearings. Access to Records: The City will provide citizens, public agencies and other interested parties access to information and records relating to the City’s Consolidated Plan and the City’s use of funds for the CDBG funds. Citizens will be able to download program information, action plans, and the consolidated plan documents from the City’s website. In addition, citizens will be able to request hard copies or to meet with City staff to go over the records. Technical Assistance: The Community Development Department will provide technical assistance to groups representative of persons of low- and moderate-income that request such assistance in developing proposals for funding assistance under any of the federal or state programs covered by the Consolidated Plan. The level and type of assistance will be determined by the Community Development Department, but shall not include the provision of funds to any person, group, or agency. Complaints: Citizens with complaints related to the Consolidated and Annual Action Plans, amendments, and the CAPER must submit the complaint in writing to: City of Miami Gardens - Community Development Department 18605 NW 27 Avenue, 1st Floor, Suite 151 Miami Gardens, FL 33056 Attention: Community Development Director If the complaint is given orally, the person initiating the complaint must schedule a meeting with the Community Development Director at the above-mentioned address and a formal complaint letter will be transcribed. The person must sign the letter and submit an address for response. Upon receipt of the written complaint, the Community Development Staff will respond to the complaint in writing within 15 working days. A meeting to discuss the complaint must be scheduled by the person initiating the complaint. Use of the Citizen Participation Plan: The requirements for citizen participation do not restrict the responsibility or authority of the jurisdiction in the development and execution of the City’s Consolidated Plan. 2. Citizens Comments/Views on the plan The City has scheduled two (2) citizens participation meetings to give residents an opportunity to give their input on the use of Program Year 10 federal funds. Meetings will be held on June 15, 2015 at 10am and again at 5pm. Additionally, a public hearing will held on July 8, 2015 during the regularly scheduled City Council meeting. Page 18 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 10 Version 2.0 3. Efforts made to broaden public participation Each year the City makes every effort to reach out to residents, businesses and non-profit organizations to ensure their participation in this program year’s process. A flyer was created detailing the program with dates and times of the meetings and was widely distributed throughout the City. Flyers were posted in City Departments, City Hall, the Betty T. Ferguson Recreation Complex, and the local public library. Additionally, flyers were distributed to all clients receiving services through our public services partnering agencies, to residents who have received assistance or are on the waiting lists of the City’s housing rehab program, neighborhood crime watch groups, homeowners associations, area clubs, and churches. 4. Explanation of comments not accepted Any questions/comments received will be detailed at the end of this plan in the section titled Public Comments. Institutional Structure Action Plan Institutional Structure response: The City of Miami Gardens Community Development Department is the lead administrative agency for the Consolidated Plan programs. The Department provides fiscal and regulatory oversight of all CDBG funding sources, as well as other Federal and State grants for housing, economic, and community development. The City of Miami Gardens City Council acts as the final authority for the appropriation of funds for Annual Action Plan activities under the Consolidated Plan grant programs, following the recommendations of the City Manager. Within each of the priority funding areas, activities will be completed and managed by a diverse team of public, private, not-for-profit, and institutional partners. The lists below identify some of the principal partners for each priority funding area. Decent Housing - Program Partners: • Miami-Dade Public Housing and Community Development Department • City of Miami Gardens Development Services Department • City of Miami Gardens Police Department • Florida Housing Finance Corporation • Florida Housing Coalition • Approved Housing Counseling Agencies • Participating Financial Lending Institutions Suitable Living Environment - Program Partners: • City of Miami Gardens Public Works Department • City of Miami Gardens Development Services Department • City of Miami Gardens Police Department • Homeowners Associations • Faith Based Organizations 1. Describe actions that will take place during the next year to develop institutional structure. Page 19 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 11 Version 2.0 Public Services - Program Partners: • Faith Based Organizations • Not-for-Profit Organizations Expanded Economic Opportunities - Program Partners: • Greater Miami Gardens Chamber of Commerce Consolidated Plan Delivery System The City of Miami Gardens strives to use the CDBG program to create successful partnerships among public and private sector entities. The delivery system for the Consolidated Plan programs is no exception. Communication and cooperation between the City of Miami Gardens Department of Community Development and the partner agencies, organizations, and departments that administer activities is strong. Monitoring Action Plan monitoring response: The City of Miami Gardens Community Development Department shall conduct an initial site visit with each new sub-recipient within the first quarter of the contract period to provide technical assistance with implementing the program. A comprehensive annual on-site monitoring visit will also be scheduled during the program year. New sub-recipients may be visited more frequently in order to assist with questions and check on program progress. A monitoring schedule will be prepared and the sub-recipient visits will be prioritized by determining if any organizations are considered high risk, i.e., new to the CDBG program-first year as a sub-recipient; high staff turnover-especially in key positions; carrying out high-risk activities, such as economic development and/or conducting multiple CDBG activities for the first time. The annual monitoring visits include the following: First, the assigned monitor contacts the agency to explain the purpose of monitoring and schedules a date and time for the on-site visit. Once this is completed, a confirmation letter is sent before the scheduled visit to confirm all aspects of the monitoring and to explain what can be expected. In preparation for the monitoring visit, the monitor will review all written data on file for the sub-recipient, such as application for CDBG funding, written agreement and amendments, monthly reporting requirements, documentation of previous monitoring, and copies of audits. During the actual visit, a thorough review of the sub-recipient’s files ensures they comply with all regulations governing their administrative, financial and programmatic operations and that they are achieving their performance objectives within schedule and budget. A clear written record of the on-site visit is kept by using one or more of the City's monitoring checklists. The assigned monitor will fill out the form during the visit. 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Page 20 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 12 Version 2.0 At the end of the visit, the monitor concludes the visit by reviewing the tentative conclusions from the monitoring. At this point, there will be a clear understanding between the monitor and sub-recipient of the areas of disagreement and agreement regarding the monitoring results. Once the on-site visit is completed, the monitor prepares a formal written letter describing the results of the visit, providing recognition of the sub-recipient’s strengths and weaknesses. A copy of this letter is kept on file with the sub-recipient’s grant agreement and monthly reports. If the sub-recipient is experiencing problems or is failing to comply with regulations, these issues will be specifically outlined in the monitoring follow-up letter, along with recommendations or requirements to address and rectify the problems. If a concern or finding is issued for noncompliance with federal rules and regulations, the monitoring follow-up letter will provide recommendations on how the situation can be remedied, but no additional action is required. When a finding is issued, the monitoring follow-up letter will identify a deadline for when the specific issues must be corrected. The monitor will then follow-up with the organization to make sure the corrections have been made. For situations in which the recommended corrections have not been made, the organization will be placed on a probationary period, which must be approved by the Community Development Director, until the issues have been rectified and the sub-recipient is once again in compliance with Federal regulations and the grant agreement. Lead-based Paint Action Plan Lead-based Paint response: Participant property owners are notified of the hazards of lead-based paint and of the symptoms associated with lead-based contamination. The City of Miami Gardens further prohibits the use of lead-based paint in any federally funded construction or rehabilitation project. The City of Miami Gardens shall either perform paint testing on the painted surfaces to be disturbed or replaced during rehabilitation activities, or presume that all these painted surfaces are coated with lead-based paint. For residential properties receiving an average of up to and including $5,000.00 per unit the City of Miami Gardens shall: Perform paint testing on the painted surfaces to be disturbed or replaced during rehabilitation activities, or presume that all these painted surfaces are coated with lead- based paint. If testing indicates that the surfaces are not coated with lead-based paint, safe work practices and clearance shall not be required. In addition, the City of Miami Gardens will follow all additional requirements as listed in 24 CFR 35.930 (b). 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Page 21 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 13 Version 2.0 For residential properties receiving an average of more than $5,000.00 and up to and including $25,000.00 per unit the City of Miami Gardens shall follow requirements of 24 CFR 35.930(c) which include but are not limited to risk assessments and interim controls. For residential properties receiving an average of more than $25,000.00 per unit the City of Miami Gardens shall follow regulations as set forth in 24 CFR 35.930(d) which include abatement. HOUSING Specific Housing Objectives Action Plan Specific Objectives response: 1. Housing Objectives The following table outlines the specific Housing accomplishment goals that the City of Miami Gardens hopes to achieve over the 2015-2016 Action Plan period. ACTIVITY ACCOMPLISHMENT UNITS GOAL NSP Rehabilitation Households 4 Rehab, Single-Unit Residential Housing Units 15 Housing Rehabilitation Program: Housing rehabilitation provides assistance for low- to moderate-income residents Citywide. Given the age of the City’s housing stock, priority will be placed on disaster mitigation and weatherization, improving energy efficiency in these units by replacing central air conditioning and insulation that are no longer energy efficient, and addressing building and/or code violations when feasible, along with meeting Housing Quality Standards (HQS). Homeownership Assistance Program: Provide direct homeownership assistance to low- to moderate-income first-time homebuyers participating in the Neighborhood Stabilization Program. Neighborhood Stabilization Program (NSP): With NSP Round 1 and 3 funds, the City intends to purchase and rehabilitate foreclosed and abandoned homes. The rehabilitation will be done using the same standards as the housing rehabilitation program; however, because of the condition of some of these homes, repairs will be more extensive. 2. Use of Resources In Program Year 10, the City estimates receiving an allocation from the Florida Housing Finance Corporation of $328,433 in State Housing Initiatives Partnership (SHIP) Program funds. The City *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Page 22 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 14 Version 2.0 will use this allocation to augment the housing rehabilitation program by performing emergency rehabilitation assistance, home replacements, and homeownership assistance. The City will continue to maximize these resources by leveraging the funds it receives and work creatively to attempt to meet the community’s needs. Finally, program income received from CDBG, SHIP and NSP will continue to expand our housing program activities, including rehabilitation and homeownership assistance. Needs of Public Housing Action Plan Public Housing Strategy response: 1. Partnership with Public Housing Agency The Miami-Dade Public Housing and Community Development Department (PHCD) encourages public housing residents to become more involved in the management of the housing developments and to participate in homeownership through its Family Self-Sufficiency (FSS) program. PHCD has also implemented a Section 8 homeownership program to provide section 8 participants the opportunity to purchase a home. The housing agency also offers a variety of homeownership programs to low- and moderate-income families through its Development and Loan Administration Division. Homeownership programs include: Surtax, State Housing Initiative, HOME, and infill programs. 2. Troubled Designation The Miami-Dade County Public Housing Agency is no longer designated as “troubled”. The merger of the County’s Public Housing Agency with their Housing and Community Development Department has helped to focus future planning efforts as well as current operations. Barriers to Affordable Housing Action Plan Barriers to Affordable Housing response: 1. Barriers to Affordable Housing For the 5-year period 2005-2010, the Miami-Ft. Lauderdale Metropolitan Statistical Area (MSA), which includes the City of Miami Gardens, experienced a significant decrease in housing prices (-46%). However since 2012 there has been a slight increase in housing prices in this MSA of approximately 30%, bringing prices close to their 2008 levels. The City of Miami Gardens is an urban community that is 93% built out with a forecasted 9% increase in population growth by 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Page 23 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 15 Version 2.0 2015. The nationwide sub-prime mortgage and foreclosure crisis and subsequent economic downturn put downward pressure on home prices in the City. Furthermore, the economic crisis throughout the country created an increase in job losses and foreclosures thereby creating a decrease in persons who are “mortgage ready.” While this trend has stabilized somewhat, the overall impact has been lower home values throughout the City of Miami Gardens. 2. Strategy to Remove Barriers The City of Miami Gardens has established a new comprehensive development master plan and associated land development regulations specific to the City. In recognition of the impact that regulatory requirements have on the cost of development, the City has developed goals, objectives, and policies to address affordable housing issues in the City. These policies will guide all future growth management policies established by the City. The goals are as follows:  Affordable Housing Incentives: Provide incentives to assist in the provision of affordable housing.  Adopt land development regulations and appropriate policies that assist private developers with providing (and sustaining) affordable housing.  Through the comprehensive planning process and the land development regulations, streamline the permitting process providing for efficient review with minimal delays and waiving or reducing costs for development with a substantial affordable housing component.  Offer technical assistance and referral services to applicants interested in developing affordable housing opportunities.  Investigate the feasibility of using inclusionary zoning to encourage or require a certain percentage of dwelling units of new development or redevelopment to be set aside for low- or moderate-income housing. The City has adopted a new zoning code that includes Article VI Housing which addresses the following: a) Promote the development and provision of high quality housing in the City of Miami Gardens; b) Implement the goals, objectives and policies of the Housing Element of the City of Miami Gardens Comprehensive Development Master Plan to the maximum extent practicable; c) Implement the recommendations of the City of Miami Gardens Affordable Housing Advisory Committee to the maximum extent practicable; d) Increase and otherwise encourage home ownership opportunities within the city; e) Stimulate private sector production of workforce housing units for ownership, available to families within the range of 65 percent to 200 percent of the area median income; f) Facilitate and encourage residential development that includes a range of high quality housing opportunities through a variety of residential types, forms of ownership, and home sale prices; g) Encourage even and widespread distribution of high quality housing opportunities throughout the City; and h) Insure that new housing in the City meets high quality development standards. Page 24 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 16 Version 2.0  Consider awarding density and height bonuses for the provision of workforce housing in new developments, on infill sites, or within mixed-use developments as referred to in the Future Land Use Element.  Encourage the development of rental housing alternatives for family households.  Examine the feasibility of adopting a mixed income ordinance that requires any new mixed- use development exceeding a specific threshold of units to include an affordable component.  Develop incentive programs in conjunction with a Community Design Element of the Comprehensive Development Master Plan for increasing residential housing densities and providing enhanced urban amenities with funding programs for multistory parking, combining public open space, shared parking areas for use in high density/intensity projects and other similar techniques and mechanisms. Page 25 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 17 Version 2.0 HOME/ American Dream Down payment Initiative (ADDI) Action Plan HOME/ADDI response: Not applicable; the City of Miami Gardens does not receive a direct allocation of HOME funds. 1. Describe other forms of investment not described in § 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Page 26 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 18 Version 2.0 HOMELESS Specific Homeless Prevention Elements Action Plan Special Needs response: 1. Source of Funds The Homeless Trust pools the Entitlement Jurisdiction funds for all of Miami-Dade County to provide a wide variety of Homeless Assistance Programs. The City of Miami Gardens along with the cities of Miami, Miami Beach, Hialeah, Homestead and North Miami has joined in partnership with the Miami-Dade County Homeless Trust to provide countywide Homeless Assistance Services. These funds will go directly to Miami-Dade County for regional distribution. The City of Miami Gardens has mirrored the priorities of the Homeless Trust as its regional service provider. The table below outlines the relative priorities of various categories of homeless needs within the Continuum of Care. Activities that are identified as “Medium” priorities will likely receive Consolidated Plan funding if the applicable formula grants to the City of Miami Gardens are increased during the next five years. Activities that receive a “Low” priority will not receive Consolidated Plan funding over the next five years without an amendment to this Consolidated Plan. A “Low” rating does not necessarily diminish the importance of these activities or indicate that there is no need for them in the City. Many activities that are assigned a “Low” priority for CDBG funding are nevertheless important needs for the community or high priorities for other *Please also refer to the Homeless Needs Table in the Needs.xls workbook. 1. Sources of Funds—Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction’s plan for the investment and use of funds directed toward homelessness. 2. Homelessness—In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness—The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention—The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy—Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Page 27 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 19 Version 2.0 sources of funding. Some activities receive “Low” ratings if they are funded under the County's programs, if the Consolidated Plan funding would be insufficient to have a meaningful impact on these needs, or if adequately funding them would result in minimal output or outcome accomplishments relative to the amount of funds expended at the expense of other priority programs. Table III-4: Priority Homeless Needs Funding Housing Continuum of Care Individuals Families Funding Source Emergency Shelter Low Low Other, County Transitional Housing Low Low Other, County Permanent Supportive Housing Medium Medium Other, County Chronically Homeless Medium Medium Other, County 2. Homelessness As required by HUD each jurisdiction must develop a local continuum of care plan, the City of Miami Gardens in partnership with Miami-Dade County Homeless Trust (the Trust) operate under the Miami-Dade County Community Homeless Plan. The Trust serves as the lead agency implementing a countywide strategy to serve homeless individuals and families throughout our community. The Trust pools the entitlement jurisdiction funds for all of Miami-Dade County to provide a wide variety of Homeless Assistance Programs. The City of Miami Gardens, along with the Cities of Miami, Miami Beach, Hialeah, Homestead, and North Miami has joined in partnership with the Trust to provide countywide Homeless Assistance Services. Each year the Trust meets with all of its entitlement partners to establish funding priorities for the upcoming year. The City of Miami Gardens in partnership with the Trust established the priority homeless needs identified in this plan. 3. Chronic Homelessness The following describes the action steps which the Trust will implement in order to eliminate chronic homelessness. Phase One - Temporary (Emergency) Care:  Increase coordination with One Stop Centers, State and Federal agencies and other social services systems to maximize available resources;  Assess the impact of the hard-core, chronic homeless with high service needs and access to the emergency housing system to determine what additional resources may be required;  Enhance the role of emergency housing in the “housing first approach” model to address homelessness by moving families and individuals directly into permanent housing;  Increase the inventory of emergency housing serving the chronic homeless population Phase Two - Primary Care (Transitional) housing:  Shift of Food and Beverage funding from transitional non-treatment housing to permanent housing, via a Housing 1st, housing placement program;  Identify additional resources to maintain and/or expand the inventory of beds to provide mental health and substance abuse treatment;  Identify a funding source for capital and supportive services match funds; Page 28 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 20 Version 2.0  Coordinate homeless funding by other local social service funders; Phase Three - Advanced Care (permanent supportive) housing units:  Creation of 100-200 units of permanent supportive housing per year, for 10 years;  Via a new Case Rate, pay for performance model, those people idetified by homeless outreach and the courts, who are experiencing chronic homelessness, high utlizers of jails, emergency rooms, and crisis services and are typically service resistant, are being placed in a variety of permanent housing models;  Remove barriers to the funding of permanent housing: draft local and state legislative proposals that set-aside and/or prioritize housing for formerly homeless persons and participate actively in rule-making processes;  Identify a funding source for capital match funds; and explore the use of permanent housing in the “housing first approach” in ending homelessness; 4. Homelessness Prevention Through the Countywide Homeless Helpline, individuals and families at risk of homelessness are assessed and provided with or linked to appropriate services, including but not limited to: case management, rental assistance, mortgage assistance, utility assistance, and other services. FEMA funds available through the Emergency Food and Shelter Board, are used for the same purpose. The Greater Miami Prosperity Campaign via the Human Services Coalition provides Tax and Earned Income Tax Credit Assistance to individuals residing in Miami-Dade County Homeless Assistance Centers and in One Stop locations. In 2009 the Housing Assistance Network of Dade (HAND) was created by Citrus Health Network with HPRP funding from the Cities of Miami Gardens, Miami, and North Miami and Miami-Dade County, which has greatly enhanced the County’s currently in place homeless system and prevention activities and services. Although the Cities no longer receive a direct allocation of HPRP funds, the HAND network continues to operate and provide these services throughout Miami-Dade County with funding from the Homeless Trust and the State of Florida. 5. Discharge Coordination Policy In 2007, Miami-Dade County underwent a process to implement a cohesive community-wide discharge coordination policy. As a result of that process, the County developed a Memoranda of Agreement establishing discharge policies for all agencies that provide services to homeless persons or those at risk of homelessnesss. The interagency Agreement includes the Miami- Dade Homeless Trust, State and County Correction agencies, the 11th Circuit Court, Jackson Memorial Hospital/Public Health Trust, community mental health facilities, Our Kids, Inc., and the Florida Department of Children and Families. Page 29 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 21 Version 2.0 Emergency Shelter Grants (ESG) Action Plan ESG response: Not applicable; the City of Miami Gardens does not receive a direct allocation of ESG funds. Instead, these funds are awarded to Miami-Dade County through the Homeless Trust for regional distribution. COMMUNITY DEVELOPMENT Community Development Action Plan Community Development response: 1. Priority non-housing community development needs As defined in the City of Miami Garden’s mission statement, the City’s core community development needs are those activities that enhance the quality of life through the efficient and professional delivery of public services. The City is committed to fostering civic pride, participation and responsible economic development for the community, and as such the City anticipates using Community Development Block Grant (CDBG) funding to support programs to:  Assist in the development of state of the art recreational facilities and services.  Provide funding to redevelop blighted commercial and residential areas.  Improve infrastructure facilities, including storm water drainage, sewer, street lighting, sidewalks, and other infrastructure facilities.  Create economic development programs that promote business attraction and retention  Create programs and services for youth and elderly residents CDBG and other funding will be used to strengthen, preserve, and enhance the physical character of and quality of life in City of Miami Gardens neighborhoods. Designated funding will (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Page 30 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 22 Version 2.0 be used to improve the housing stock, as well as economic development with particular emphasis on the low- and moderate-income neighborhoods. Create Programs and Services for Youth and Elderly Residents: CDBG and other funding when available will be used to implement programs to assist the youth and elderly populations in providing them increased access to social services within the community. Livable Neighborhoods Initiative Program: CDBG and other funding will be used to implement improvements to residential storm water drainage facilities, street lighting, and landscaping to address flooding, and safety issues in three specifically designated neighborhoods. These neighborhoods are Kings Gardens I, II, & III, Vista Verde, and Garden Circle. All three neighborhoods have been determined to be at least 51% low-moderate income. Program Year 10 improvements will be conducted in the Vista Verde neighborhood and will include pre- development expenses and construction. Consistent with HUD Community Development Needs Table, the relative priority of community development activities were identified with input obtained from numerous outreach efforts, and consultations during the 2011-2016 consolidated planning process. Three distinct tables in the Consolidated Plan document defines activities that received high, medium and low priority ranking during the visioning and focus group exercises conducted in support of the Consolidated Plan. The first table (Table IV-1), identified Public Facilities and Improvements Priorities, the second table (Table IV-2), identified Public Services Priorities, and the third table (Table IV-3), identified Housing, Economic Development, & Historic Preservation Priorities. Activities identified as high and medium priorities were consistent in all three tables. High and medium priorities centered around housing rehab, street and drain improvements, homeownership assistance, energy efficiency, services for youth and seniors. 2. Specific Long Term and Short Term Objectives Accomplishment goals have been established for those activities that received a high priority ranking. The following tables, consistent with HUD Community Development Need Table provide the specific output accomplishment goals for each activity. These activities are listed under the five community priorities as defined by the stakeholders throughout the visioning process. Because funding for "medium" and "low" priority activities may not be available, accomplishment goals have not been provided for these categories. The accomplishment goals represent the activities anticipated in the 2015-2016 Action Plan period. A discussion of anticipated outcomes for each conceptual goal is as follows: 1) Public Services ACTIVITY ACCOMPLISHMENT UNITS GOAL Youth Services People Served 150 Senior Services People Served 200 Priority projects in this category include support for public service activities that benefit youth and senior populations. These activities will assist the City of Miami Gardens in moving closer to achieving its goal of providing sustained services for the residents of Miami Gardens. Page 31 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 23 Version 2.0 2) Redevelop aging housing stock in residential areas ACTIVITY ACCOMPLISHMENT UNITS GOAL Rehab, Single-Unit Residential Housing Units 15 NSP Rehabilitation Households 4 NSP Direct Homeownership Assistance Households 4 The priority projects in this category includes housing rehab projects benefiting low- to moderate-income residents with a focus on weatherization and code enforcement activities to eliminate substandard and blighted influences. NSP priorities continue to be the rehabilitation of abandoned and foreclosed properties and the resale of these properties to eligible first-time homebuyers. Homebuyer assistances is provided as needed to homebuyers participating in the NSP program. 3) Public Facilities and Improvements ACTIVITY ACCOMPLISHMENT UNITS GOAL Infrastructure (Livable Neighborhoods) Area Benefit (households) 2000 Priority projects in this category include improvements to residential storm water drainage facilities to address flooding issues in targeted low-mod census tracts. Antipoverty Strategy Action Plan Antipoverty Strategy response: The City of Miami Gardens Anti-Poverty Strategy describes the programs and policies that will be utilized to reduce the number of households with incomes below the poverty line, in coordination with affordable housing efforts. The Department of Community Development will deploy a strategy responsive to the needs of low-income citizens and disadvantaged populations throughout the City. The Department of Community Development will further the U.S. HUD national objectives by coordinating the priorities established in the City’s visioning process with goals and objectives adopted by HUD. The City’s strategy will:  Work with existing programs to maximize program dollars for residents.  Leverage potential CDBG eligible activities with private, state, and local funds.  Implement programs in the Neighborhood Revitalization Strategy Areas to maximize funding and program opportunities in neighborhoods with greater than 70% low to moderate-income residents. 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Page 32 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 24 Version 2.0 NON-HOMELESS SPECIAL NEEDS HOUSING Non-homeless Special Needs (91.220 (c) and (e)) Action Plan Specific Objectives response: 1. Priorities and specific objectives The chart below outlines the relative priority needs for various identified special needs categories for housing and supportive services in Miami Gardens. Activities which are labeled as “High” priorities in the table below and elsewhere in this plan are those which will receive 2015-2016 Action Plan funding. Activities which are identified as “Medium” priorities are those that will not receive Action Plan funding unless additional funds are secured or particularly strong projects are identified. Activities that receive a “Low” priority will not receive Plan funding without a Plan Amendment. Special Needs Category Housing Supportive Services Elderly High High Individuals with Disabilities Medium Low Individuals with HIV/AIDS Low Low Public Housing Residents Medium Medium 2. Use of Resources The City of Miami Gardens is working to secure various funding streams to enhance our CDBG programs. Currently, the City will expand housing rehabilitation programs by increasing its allocation of CDBG funds to housing programs in program year 10, and utilizing funding received from the 2014-15 and 2015-16 SHIP Program that will enhance the CDBG program as well as benefit the City as a whole. *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Page 33 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 25 Version 2.0 Housing Opportunities for People with AIDS Action Plan HOPWA response: Not applicable; the City of Miami Gardens does not receive a direct allocation of HOPWA. Instead, these funds are awarded to the City of Miami for regional distribution. *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Page 34 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 26 Version 2.0 Specific HOPWA Objectives Specific HOPWA Objectives response: Not applicable; the City of Miami Gardens does not receive a direct allocation of HOPWA. Instead, these funds are awarded to the City of Miami for regional distribution. PUBLIC COMMENTS The following is a summary of the relevent Questions and Comments received during the Citizen’s Participation Meetings held on June 15, 2015. Comments have been grouped into categories. Questions/comments are in bold, responses from staff are in italics. Housing Rehabilitation: When will the housing rehab waiting list be reopened? The City does not have a specific date as yet as to when the next application cycle will be opened. Possibly the end of this year. The department is still working through a waitlist of 245 applicants; 90 have yet to be assisted. In an effort to move through this waitlist faster, the department doubled its CDBG funding for this program last year, and is planning to increase its CDBG funding for this program in the next year. However, when it does reopen, ads will be placed in the Miami Herald Neighbors Section and flyers will be circulated to local area churches, non-profit agencies, and at parks throughout the City as well as on the City’s website. What rehabilitation activities are done by the City? Exterior rehab and hardening and energy efficient upgrades. This includes roof replacement, exterior door replacement, installation of accordion style hurricane shutters on windows, exterior paint, installation of insulation, and the replacement of existing air conditioning systems. If the home already has impact windows are shutters also needed? No. Is the housing rehab program a grant or a loan and does it have to be paid back? All housing rehabilitation program funds are loans. Very low income recipients receive a 5-year forgivable loan; recipients that are low-to-moderate income pay back a portion of the loan, and these loan terms can vary from 5-10 years at no interest to make the payments as affordable as possible for the homeowner. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Page 35 of 60 City of Miami Gardens Tenth Program Year Action Plan - DRAFT 27 Version 2.0 What are the eligibility requirements for rehab assistance? In addition to being income eligible, the applicant must live in and own the home to be rehabbed, they must be current on their mortgage and property taxes, they must carry homeowners insurance (and flood, as applicable), and they cannot be delinquent on any federal debt such as student loans. What kind of insurance is required? The insurance must be homeowners, including hazard and windstorm protection. It must cover, at a minimum, the value of the property. It cannot be lenders placed, or “force placed”, insurance that a mortgage holder would place when the homeowner has not purchased it themselves. Public Services: What types of programs are being offered for seniors? The City is currently funding a meals delivery program, a food pantry and a telephone reassurance program for seniors. The City is also in the process of reviewing several proposals for programming for the upcoming program year, which starts October 1st. Does the City still give food away? The City does not give food away, however it does currently fund a food pantry at Mt. Pisgah Seventh-day Adventist Church. The pantry is open twice per month on the 2nd and 4th Wednesdays from 2-4pm. The Church is located just West of NW 32 Avenue on NW 215 Street. General Questions: Does the City still have a beautification program? The City did have a beautification program that was operated by the Keep Miami Gardens Beautiful Division of the Public Works department. Unfortunately the program is no longer offered because of reduced funding. However, the department does include exterior painting as part of the rehab program. Comments: The resident stated that she “appreciates the City because they helped with my home repairs when no one else would”. The City as a whole needs to make a better effort to communicate information about programs and events to the residents. Not everyone, especially the more mature in the community, has access to computers or emails; or subscribes to the Miami Herald. Page 36 of 60 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 2015 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: (Enter Fund & Dept) 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 Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name Oliver Gilbert III, Mayor Department:Office of the Mayor & CityCouncil Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE WAIVER OF USAGE RENTAL FEES TO ALLOW THE NATIONAL ASSOCIATION OF REAL ESTATE BROKERS, INC. (“NAREB”), TO HOST A HOMEOWNERSHIP WORKSHOP ON SATURDAY, SEPTEMBER 12, 2015, AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) Staff Summary: Mayor Oliver Gilbert is committed to enhancing the quality of life for Residents of Miami Gardens through providing worthwhile community programs. To that end, Mayor Gilbert seeks to partner with The National Association of Real Estate Brokers, Inc. (“NAREB”) to host an educational event on homeownership. During this event, Residents will be introduced to the various paths of homeownership and strategies for using homeownership as a wealth building tool. This event will be held at the Betty T Ferguson Recreational Complex on Saturday, September 12, 2015. Item K-1) Consent Agenda Resolution NAREB Workshop Page 37 of 60 18605 NW 27th Avenue Miami Gardens, Florida 33056 The NAREB has a substantial track record of hosting similar events across the United States. Most recently, this group hosted events in New Orleans, Atlanta, Washington, DC, and Houston. The NAREB is also responsible for producing the State of Housing in Black America Report which outlines housing disparities in African-American communities. Therefore, the NAREB is well positioned to help Residents in the City of Miami Gardens learn more about successfully pursuing homeownership. Proposed Action: Mayor Oliver Gilbert recommends that the City Council agree to the National Association of Real Estate Brokers, Inc.’s use of the Betty T Ferguson Recreational Complex on Saturday, September 12, 2015 to conduct an educational event on homeownership. Attachment: No. Page 38 of 60 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE WAIVER OF 4 USAGE RENTAL FEES TO ALLOW THE NATIONAL 5 ASSOCIATION OF REAL ESTATE BROKERS, INC. (“NAREB”), 6 TO HOST A HOMEOWNERSHIP WORKSHOP ON SATURDAY, 7 SEPTEMBER 12, 2015, AT THE BETTY T. FERGUSON 8 RECREATIONAL COMPLEX; PROVIDING FOR THE ADOPTION 9 OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 10 DATE. 11 12 WHEREAS, Mayor Oliver Gilbert recommends that the City Council authorize the 13 waiver of usage rental fees to allow the National Association of Real Estate Brokers, 14 Inc. (“NAREB”) to host an educational event on homeownership on Saturday, 15 September 12, 2015, at the Betty T. Ferguson Recreational Complex, and 16 WHEREAS, during the event, Residents will be introduced to the various paths of 17 homeownership and strategies for using homeownership as a tool for wealth building, 18 and 19 WHEREAS, the NAREB is responsible for producing the State of Housing in 20 Black America Report, which outlines housing disparities in African-American 21 communities, and 22 WHEREAS, the NAREB has hosted similar homeownership events in other cities 23 throughout the United States, 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 26 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 28 made a specific part of this Resolution. 29 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30 hereby authorizes the waiver of usage rental fees to allow the National Association of 31 Page 39 of 60 2 Real Estate Brokers, Inc. (“NAREB”), to host a homeownership workshop on Saturday, 32 September 12, 2015, at the Betty T. Ferguson Recreational Complex. 33 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 34 upon its final passage. 35 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 36 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 37 38 ___________________________________ 39 OLIVER GILBERT, III, MAYOR 40 41 42 43 ATTEST: 44 45 46 __________________________________ 47 RONETTA TAYLOR, MMC, CITY CLERK 48 49 50 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 51 52 53 SPONSORED BY: MAYOR OLIVER GILBERT, III 54 55 Moved by: __________________ 56 57 VOTE: _________ 58 59 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 61 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 64 Councilman Rodney Harris ____ (Yes) ____ (No) 65 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 66 67 68 Page 40 of 60 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 2015 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 #: (Enter #) x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) x Sponsor Name Rodney Harris, Councilman Department:Office of the Mayor & City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ASKNOWLEDGING COUNCILMAN RODNEY HARRIS’ APPOINTMENT OF ROBERT CALLAM TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE FOR A TWO (2) YEAR TERM ENDING JULY 8, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: In accordance with the establishment of the Caribbean Affairs Advisory Committee, Councilman Rodney Harris hereby submits appointment of Robert Callam for membership. In accordinance with Section 2- 141 of the City of Miami Gardens Code of Ordinance the term of office shall be for a two year period. Item K-2) Consent Agenda Resolution Appt to Caribbean Affairs Advisory Committee Page 41 of 60 18605 NW 27th Avenue Miami Gardens, Florida 33056 Proposed Action: The City Council acknowledges Councilman Harris’ appointment of Robert Callam to the Caribbean Affairs Advisory Committee for a two year period. Attachment: Page 42 of 60 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACKNOWLEDGING COUNCILMAN 4 RODNEY HARRIS’ APPOINTMENT OF ROBERT CALLAM TO 5 THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE FOR A 6 TWO (2) YEAR TERM ENDING JULY 8, 2017; PROVIDING FOR 7 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the City Council has created the Caribbean Affairs Advisory 11 Committee (“the Committee”), and 12 WHEREAS, Councilman Rodney Harris, and each member of the City Council 13 have the right to appoint a member to the Committee, and 14 WHEREAS, Councilman Harris has appointed Robert Callam to the Committee, 15 and 16 WHEREAS, it is appropriate for the City Council to acknowledge the 17 appointment, 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 20 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 21 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 22 made a specific part of this Resolution. 23 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 24 hereby acknowledges Councilman Rodney Harris’ appointment of Robert Callam to the 25 Caribbean Affairs Advisory Committee for a two (2) year term ending July 8, 2017. 26 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 27 upon its final passage. 28 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 29 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 30 Page 43 of 60 2 31 ___________________________________ 32 OLIVER GILBERT, III, MAYOR 33 34 35 36 ATTEST: 37 38 39 __________________________________ 40 RONETTA TAYLOR, MMC, CITY CLERK 41 42 43 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 44 45 46 SPONSORED BY: COUNCILMAN RODNEY HARRIS 47 48 Moved by: __________________ 49 50 VOTE: _________ 51 52 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 53 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 54 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 55 Councilman David Williams Jr ____ (Yes) ____ (No) 56 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 57 Councilman Rodney Harris ____ (Yes) ____ (No) 58 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 59 60 Page 44 of 60 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 2015 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund – Councilman Harris Expense Account or Sponsorships Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name Rodney Harris, Councilman Department:Office of the Mayor & City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH FOOD TRUCK INVASION, INC., FOR FOOD TRUCKS AND FAMILY ENTERTAINMENT AT ROLLING OAKS PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Councilman Harris proposes to partner with Food Truck Invasion, Inc. to bring food trucks and family entertainment to the City of Miami Gardens. Food Truck Invasion, Inc. is known throughout South Florida for coordinating food truck events in partnership government entities such as the Village of Palmetto Bay, Broward County Parks and Recreation, and the Village of Royal Palm Beach. Item K-3) Consent Agenda Resolution Food Truck Invasion, Inc. Page 45 of 60 18605 NW 27th Avenue Miami Gardens, Florida 33056 The City of Miami Gardens Food Truck Invasion will be held every third Friday of the month, 5:30pm – 9:30pm, at Rolling Oaks Park beginning July 13, 2015. Families also will be able to enjoy a featured movie while dining. To date over 20 food trucks have expressed an interest in participate with this event. Staff is working with Food Truck Invasion, Inc. to finalize an annual contract with the following terms:  Food Truck Invasion will be selecting the food trucks and rotation of trucks attending.  New vendors interested in attending will be directed to the foodtruckinvasion.com .  Vendors will not be permitted to attend without the consent of both parties.  Sponsor revenue will be shared at a 50/50 split unless they are covering a specific cost (i.e.; band, movie, etc.), but cannot be any food, drink or consumable vendor unless approved by both parties.  Insurance will be covered by Food Truck Invasion Inc.  Food Truck Invasion will pay for use of the park (based on the number of people in attendance) Fiscal Impact Food Truck Invasion, Inc. will pay the City a park use fee based on the number of people in attendance each month. Family entertainment such a movies, bounce houses, game trucks, etc. will be covered by supplies housed with Miami Gardens Parks and Recreation Department or rented using funds from Councilman Harris’ expense account. Proposed Action: It is recommended that the City Council approve this resolution allowing the City Manager and City Attorney to negotiate and execute a contract with Food Truck Invasion, Inc. Attachment: Attachment – Draft Contract Page 46 of 60 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY ATTORNEY TO NEGOTIATE AND 5 EXECUTE AN AGREEMENT WITH FOOD TRUCK INVASION, 6 INC., FOR FOOD TRUCKS AND FAMILY ENTERTAINMENT AT 7 ROLLING OAKS PARK; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, Councilman Rodney Harris recommends that the City partners with 11 Food Truck Invasion, Inc., to bring food trucks and family entertainment to the City of 12 Miami Gardens, and 13 WHEREAS, Food Truck Invasion, Inc., coordinates food truck events throughout 14 South Florida, and 15 WHEREAS, beginning on July 13, 2015, Food Truck Invasions will be held every 16 third Friday of each month at Rolling Oaks Park, and 17 WHERAS, Food Truck Invasion, Inc. will pay the City a park usage fee based on 18 the number of people in attendance at each event, 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 21 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23 made a specific part of this Resolution. 24 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 25 hereby authorizes the City Manager and the City Attorney to negotiate and execute an 26 Agreement with Food Truck Invasion, Inc., for food trucks and family entertainment at 27 Rolling Oaks Park. 28 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 29 upon its final passage. 30 Page 47 of 60 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 31 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 32 33 ___________________________________ 34 OLIVER GILBERT, III, MAYOR 35 36 37 38 ATTEST: 39 40 41 __________________________________ 42 RONETTA TAYLOR, MMC, CITY CLERK 43 44 45 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 46 47 48 SPONSORED BY: COUNCILMAN RODNEY HARRIS 49 50 Moved by: __________________ 51 52 VOTE: _________ 53 54 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 56 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57 Councilman David Williams Jr ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59 Councilman Rodney Harris ____ (Yes) ____ (No) 60 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61 62 Page 48 of 60 City of Miami Gardens – Parks and Recreation Department 1 SERVICE AGREEMENT This SERVICE AGREEMENT (this “Agreement”) is entered into this __ day of___________, 2015 between the CITY OF MIAMI GARDENS(the “CITY”), having an address of 18605 NW 27th Avenue, Miami Gardens, Florida 33056 and _________________, (the “SERVICE PROVIDER”) offering services having an address of ___________________________________. The CITY AND SERVICE PROVIDER MUTUALLY AGREE AS FOLLOWS: 1. TERM. This Agreement shall be effective for a term, which commences on ______, 2015_and ends on _____ 2015_unless earlier terminated pursuant to this Agreement. The CITY reserves the right to exercise the option to renew annually (subject to the appropriation of funds. Contract renewal shall be based on a determination that the contract is in the best interest of the CITY. This contract is not an exclusive contract. 2. SCOPE OF WORK. SERVICE PROVIDER agrees to perform all of the Services in Scope of Work attached hereto as Exhibit “A” (“Services described”), which Services will primarily be performed at the various parks. The scope of work shall also be deemed to include providing all goods and performing all actions necessary to complete the task SERVICE PROVIDER has been hired to perform, whether specifically included in the scope of work or not. 3. COMPENSATION. CONTRACTOR shall be paid for services performed under this AGREEMENT as follows: STANDARD SESSIONS. The CITY shall pay 70% of gross fees, less the City’s administrative fee of $10.00 per enrollment if applicable, actually collected from standard session participants to CONTRACTOR as compensation for CONTRACTOR’s services under this Agreement. The remaining 30% of gross fees, plus the City’s administrative fee of $10.00 per enrollment, shall be retained by the CITY for the use of public facilities for such services. This compensation shall be the total compensation for services, including out‐of‐pocket costs. CITY shall pay no other compensation to CONTRACTOR. 70% of all fees collected (less the City’s administrative fee of $10.00 per enrollment) will be paid per month, proceeding upon reconciling, but no later than the 15th of each month as defined in the SCOPE OF SERVICES. DROP‐IN SESSIONS. CITY shall pay 70% of gross fees actually collected from drop‐in session participants to CONTRACTOR as compensation for CONTRACTOR’s services under this Agreement. The remaining 30% shall be retained by the CITY for the use of public facilities for such services. This compensation shall be the total compensation for services, including out‐of‐ pocket costs. CITY shall pay no other compensation to CONTRACTOR. For all services provided by CONTRACTOR, the CITY shall pay CONTRACTOR per month, based upon the number of paid participants registered on the City’s activity roster. 70% of all fees collected (less the City’s administrative fee of $10.00 per enrollment, if applicable) will be paid per month, proceeding upon reconciling, but no later than the 15th of each month as defined in the SCOPE OF SERVICES. 4. INDEPENDENT CONTRACTOR AND SUBCONTRACTORS. This Agreement calls for the performance of the services of SERVICE PROVIDER as an independent contractor and not as an employee of the CITY. SERVICE PROVIDER has control over the means and methods Page 49 of 60 City of Miami Gardens – Parks and Recreation Department 2 by which it performs its services under this Agreement. SERVICE PROVIDER shall be deemed an independent contractor and not an agent or employee of the CITY, and shall not attain any rights or benefits generally afforded to CITY employees; further, SERVICE PROVIDER shall not be deemed entitled to the CITY’S worker’s compensation, insurance benefits or similar protections or benefits. SERVICE PROVIDER shall obtain written approval prior to engaging any subcontractor(s) to assist with fulfilling the obligations outlined in this Agreement. 5. INDEMNITY. Subject to the limitations of Section 768.28 Florida Statutes, SERVICE PROVIDER shall protect, defend, indemnify, and hold harmless the CITY and its officials, officers, members, agents, representatives and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way connected with the performance or non‐performance of any provision of this Agreement required of the SERVICE PROVIDER, by or on behalf of the SERVICE PROVIDER, or resulting from any violation by the SERVICE PROVIDER or its employees of any statute law, ordinance, regulation or other legal requirement pertaining to a safe place of employment for workers, minimum hours and wages, and fair employment practices. However, nothing herein shall be deemed to indemnify CITY for any liability or claim arising solely out of the negligent performance of CITY. The City does hereby agree to indemnify and hold harmless SERVICE PROVIDER, from any and all personal injury or property damage claims, liabilities, losses, and causes of action which may arise solely as a result of City’s performance of this Agreement. This agreement is subject to the provisions of Section 768.28 Florida Statutes, such that the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities losses and causes of action which may arise solely as a result of the performance of this Agreement. However, nothing herein shall be deemed to indemnify SERVICE PROVIDER from any liability or claim arising out of the negligent performance or failure of performance of SERVICE PROVIDER or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign immunity. One percent (1%) of the contract amount shall represent the consideration to be provided for this indemnification. 6. INSURANCE. SERVICE PROVIDER shall provide and maintain general liability insurance coverage, for personal injury and property damage in the minimum amount of One Million ($1,000,000.00) Dollars combined single limit. SERVICE PROVIDER shall also be required to provide and maintain, during the life of the Agreement, comprehensive automobile liability insurance coverage for bodily injury and property damage in the minimum amount of $500,000.00 combined single limit. Such liability policy of insurance shall designate the City as an additional insured and SERVICE PROVIDER shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day notice of cancellation. SERVICE PROVIDER shall also provide City with proof that SERVICE PROVIDER has workers’ compensation insurance in an amount, which satisfies the requirements of Florida Law, for any employee of the SERVICE PROVIDER. Page 50 of 60 City of Miami Gardens – Parks and Recreation Department 3 SERVICE PROVIDER shall not commence work pursuant to this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. 7. BACKGROUND SCREENING: SERVICE PROVIDER, including employees and subcontractors of SERVICE PROVIDER, must comply with all City, State, and Federal guidelines regarding background screening of summer camp employees. SERVICE PROVIDER must submit, prior to any SERVICE PROVIDER’s employee’s service on City parks, an affidavit stating compliance to all applicable guidelines. 8. NO ASSIGNMENT. SERVICE PROVIDER shall not, under any circumstances, assign this Agreement or its rights or duties without prior written authorization from the CITY. 9. TERMINATION. The City may, for its convenience and without cause, terminate this Agreement by giving SERVICE PROVIDER written notice at least thirty (30) days prior to the effective date of the termination. Upon written notice of the City's desire to terminate this Agreement, SERVICE PROVIDER shall provide only those services and incur only those expenses specifically approved or directed in writing by the City Manager or his designee. The City may terminate this Agreement for cause immediately and without prior notice to SERVICE PROVIDER should the City determine that SERVICE PROVIDE has breached any provision of this Agreement. Should the City terminate this Agreement for cause, the City shall provide notice as soon as possible to SERVICE PROVIDER. SERVICE PROVIDER may terminate this Agreement by giving the City written notice at least thirty (30) days prior to the effective date of termination. In the event of termination or expiration of this Agreement, SERVICE PROVIDER and City shall cooperate in good faith in order to effectuate a smooth and harmonious transition from SERVICE PROVIDER to the City or to any other person or entity the City may designate, and to maintain during such period of transition that same services provide to the City pursuant to the terms of SERVICE PROVIDER will take all reasonable and necessary actions to transfer all records, etc. and data of the City in its possession in an orderly fashion to either the City or its designee in a hard copy and computer format. If either party terminates this Agreement, the City shall only pay SERVICE PROVIDER for the services provided through the date of termination. 10. NOTICE. Notice shall be deemed given when personally delivered, faxed with a fax return or seventy‐two (72) hours after deposit in the United States mail postage prepaid, return receipt requested, addressed as follows: SERVICE PROVIDER: CITY: Cameron Benson, City Manager City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, Florida 33056 With a copy to: Page 51 of 60 City of Miami Gardens – Parks and Recreation Department 4 Sonja K. Dickens, City Attorney 18605 NW 27th Avenue Miami Gardens, Florida 33056 11. DOCUMENTS & MARKETING MATERIALS. Any documents and marketing materials to include, but not limited to, flyers, banners, advertisements created by SERVICE PROVIDER under this Agreement shall be submitted to CITY for approval prior to distribution. 12. TARDINESS & CANCELLATIONS. Any planned camp cancellations or changes must be approved by CITY. CITY reserves the right to terminate this Agreement for any reason, including tardiness or unapproved cancellations. 13. MISCELLANEOUS. a. This Agreement is the only Agreement between SERVICE PROVIDER and CITY and may be amended in writing and agreed upon by both parties. No waiver of any term or condition of this Agreement shall be continuing waiver thereof. b. SERVICE PROVIDER shall, without additional expenses to CITY, be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, county, and municipal laws, ordinances, and regulations in connection with the performance of the services specified herein. c. SERVICE PROVIDER shall regularly confer with the Recreation Department Director or designee, and shall attend all meetings as required by the Recreation Department Director or designee. d. No modification, amendment, or alteration of the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. e. This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. f. SERVICE PROVIDER shall keep all books, records and rosters in accordance with regularly accepted accounting procedures, and shall make those documents available to the CITY for inspection and audit at all times. g. This Agreement shall be construed and governed pursuant to Florida law. Any litigation between the parties, which arises out of or is related to this Agreement, shall be maintained solely in the Florida state courts situated in Miami‐Dade County, Florida. Further, the parties hereby expressly waive any right to trial by jury in any litigation between the party, which arise out of or is related to this Agreement. h. In the event that either party is required to file legal action to enforce provisions under this Agreement, the prevailing party shall be entitled to its costs of collection, attorney’s fees and costs, and interest at the maximum rate allowable by law. Page 52 of 60 City of Miami Gardens – Parks and Recreation Department 5 14. COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent required by law, SERVICE PROVIDER shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, SERVICE PROVIDER agrees to comply with Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make the sole determination of which records, if any, are exempt from inspection. 15. SEVERABILITY. If any term or provision of this Agreement shall to any extent be held invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. 16. WAIVER. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the CITY of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by SERVICE PROVIDER of the same, or any other provision or the enforcement thereof. The CITY’s consent to or approval of any act by SERVICE PROVIDER requiring the CITY’s consent or approval shall not be deemed to render unnecessary the obtaining of the CITY’s consent to or approval of any subsequent consent or approval of SERVICE PROVIDER, whether or not similar to the act so consented to or approved. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. City of Miami Gardens, ______________________________ By: ______________________________ By:___________________________ Cameron Benson City Manager President ATTEST: Street Address:____________________ ________________________________ City, State Zip: ____________________ By: _______________________________ Ronetta Taylor, City Clerk Phone Number: ___________________ E‐mail: _________________________ Page 53 of 60 City of Miami Gardens – Parks and Recreation Department 6 Approved as to Legal form: ________________________________ Business Name (if applicable) By: _______________________________ ________________________________ City Attorney Social Security # or Tax Id # Page 54 of 60 18506 NW27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 8, 2015 Item Type: (Enter X in box) Resolution Ordinance Other XX Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Police Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: ITB No. 14-15-020 X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Sponsor Name Cameron Benson, City Manager Department:Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REJECTING ALL PROPOSALS RECEIVED IN RESPONSE TO ITB NO. 14-15-020 TO FURNISH AND INSTALL A PUBLIC SAFETY DISPATCH RADIO SYSTEM INTO THE NEW POLICE DEPARTMENT COMPLEX TRANSPORTATION SERVICES; AUTHORIZING THE CITY MANAGER TO REISSUE SAID BID; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE Staff Summary: BACKGROUND Item K-4) Consent Agenda Resolution Rejection of Bids Page 55 of 60 18506 NW27 Avenue Miami Gardens, Florida 33056 On March 25, 2015, the City solicited an Invitation To Bid (ITB) No. 14-15-020, requesting sealed bids from licensed qualified contractor(s) to furnish and install a Public Safety Dispatch Radio System into the new Police Department Complex. The solicitation requested contractor(s) to install a complete “turn- key” dispatch radio system and furnish all labor, materials, and equipment, including; interior and exterior antennas. CURRENT SITUATION The solicitation notification was sent to two hundred and sixty (260) vendors. Twenty one (21) vendors requested bid packages. The bid was opened on May 6, 2015. One (1) bid was received and publicly read. The bid was received from Cooper-General Corporation located in Miami, Florida. A copy of the solicitation documents and the bid response is available to the Assistant to the Mayor and City Council’s Office for review. Staff carefully reviewed ITB No. 14-15-020 and the vendor’s response and identified some discrepancies in the solicitation specifications. Staff has concurred that to ensure an open and fair competitive procurement process, it is advisable to modify the solicitation method to better meet the objectives of the Police Department. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing the rejection of the Bid received and grant approval for the City Manager to re-solicit the bid for the furnished and installation of Public Safety Dispatch Radio System. Attachment: Exhibit 1: Bid Tabulation Page 56 of 60 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, REJECTING ALL PROPOSALS 4 RECEIVED IN RESPONSE TO ITB NO. 14-15-020 TO FURNISH 5 AND INSTALL A PUBLIC SAFETY DISPATCH RADIO SYSTEM 6 INTO THE NEW POLICE DEPARTMENT COMPLEX 7 TRANSPORTATION SERVICES; AUTHORIZING THE CITY 8 MANAGER TO REISSUE SAID BID; PROVIDING FOR THE 9 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on March 25, 2015, the City solicited an Invitation to Bid (ITB) No. 13 14-15-020, requesting sealed bids from licensed qualified contractor(s) to furnish and 14 install a Public Safety Dispatch Radio System into the new Police Department Complex, 15 and 16 WHEREAS, the solicitation requested contractor(s) to install a complete “turn-17 key” dispatch radio system and furnish all labor, materials, and equipment, including 18 interior and exterior antennas, and 19 WHEREAS, the solicitation notification was sent to two hundred and sixty (260) 20 vendors, and twenty one (21) vendors requested bid packages, and 21 WHEREAS, the bid was opened on May 6, 2015, one (1) bid was received and 22 publicly read, and 23 WHEREAS, the bid was received from Cooper-General Corporation located in 24 Miami, Florida, and 25 WHEREAS, staff carefully reviewed ITB No. 14-15-020 and the vendor’s 26 response and identified some discrepancies in the solicitation specifications, and 27 WHEREAS, staff has concurred that to ensure an open and fair competitive 28 procurement process, it is advisable to modify the solicitation method to better meet the 29 objectives of the Police Department, and 30 Page 57 of 60 2 WHEREAS, it is recommended that the City Council approve the attached 31 resolution authorizing the rejection of the bid received and grant approval for the City 32 Manager to re-solicit the bid for the furnished and installation of Public Safety Dispatch 33 Radio System, 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 36 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 37 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 38 made a specific part of this Resolution. 39 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 40 hereby rejects all proposals received in response to ITB NO. 14-15-020 to furnish and 41 install a Public Safety Dispatch Radio System into the new Police Department Complex; 42 Further authorizes City Manager to reissue said bid. 43 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 44 upon its final passage. 45 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 46 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 47 48 ___________________________________ 49 OLIVER GILBERT, III, MAYOR 50 51 52 ATTEST: 53 54 55 __________________________________ 56 RONETTA TAYLOR, MMC, CITY CLERK 57 58 59 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 60 Page 58 of 60 3 61 62 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 63 64 65 Moved by: __________________ 66 67 68 VOTE: _________ 69 70 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 71 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 72 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 73 Councilman David Williams Jr ____ (Yes) ____ (No) 74 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 75 Councilman Rodney Harris ____ (Yes) ____ (No) 76 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 77 78 Page 59 of 60 Exhibit 1 Date Bid Opened: May 6, 2015 Bid Submittals: 1 Declinations: 0 Bid Item Description Unit Total 1 Mobilization/Demobilization (<5% of total bid)LS $4,700.00 2 Miscellaneous hardware, Cable and necessary materials for the entire installation LS $2,888.88 3 Total Installation Labor LS $35,625.00 4 Total Testing labor LS $3,000.00 5 Training Labor LS $2,400.00 $48,613.88 Description Unit Manufacturer/ Model #Qty. Proposed Manufacturer/Model #Unit Cost Total 6 IP Radio Gateway EA Telex 2 IP-224 $2,706.41 $5,412.82 7 Ethernet Smart Switch, 16 Port, Rack mountable, AC Supply EA Cisco 1 SG200-18 $337.50 $337.50 8 Rack Mount Kits EA Telex 2 Dual bracket kit $104.29 $208.58 9 Radio Cables EA Telex 4 DB37CAB $207.56 $830.24 10 Advanced Digital Headset Box ADHB-4 EA Telex 5 ADHB-4 $2,428.99 $12,144.95 11 Headset Adaptors EA Telex 5 $no bid 12 Ethernet Cables, molded EA 5 TBD $8.10 $40.50 13 Mounting Brackets EA Telex 5 ADHB-4MTBRK $54.27 $271.35 14 Footswitches EA Line master 5 632-S $66.56 $332.80 15 Cat6 Blue Ethernet Cable FT 1000 10X8-061TH $177.12 $177.12 16 RJ45 EA 50 $$ 17 4-port CAN Gateway EA 1 CGCG-4 $2,551.50 $2,551.50 18 19” Metal Rack EA 1 19X24RK $1,313.55 $1,313.55 19 12 VDC Power Supplies EA 5 TBD $210.60 $1,053.00 20 Microwave ½” Coax Cable FT Times 1000 LMR-600 $1.98 $1,980.00 21 Sinclair Yagi Antennas, 806-860 MHZ, 10dBd, 6 Element EA Sinclair Yagi 4 SY406-SF1SNM $259.55 $1,038.20 22 Plyphaser Lighting Protectors EA 4 IS-B50HN-C2-MA $81.82 $327.28 23 Microwave N-male Connectors EA Times 16 EX-600-NMC-2-D $30.94 $495.04 24 Labels Tags EA 16 CG-L-C1 $8.10 $129.60 25 Antenna Installation Kit EA 4 TBD $202.50 $810.00 26 Front Mount Radios, P25 Encrypted EA Harris 4 M7300 $4,522.35 $18,089.40 One Year warranty $5,712.55 $53,255.98 27 Axell 33 dBm Public Safety Gade BDA EA Axell 1 3308 $5,670.00 $5,670.00 28 MARS Indoor Omni Antennas, 380-6000 MhZ, 1-6 dBi EA MARS 11 MA-CQ26-1X $99.99 $1,099.89 29 Axell Directional Couples EA Axell 10 TBD $607.50 $6,075.00 30 Jumper Cables EA 14 TBD $98.55 $1,379.70 31 Microwave ½” Coax Cable FT Times 1400 LMR-600 $1.98 $2,772.00 32 Hanger, Installation Material EA 1 TBD $1,350.00 $1,350.00 33 Microwave N-Male Connectors EA Times 35 EZ-600-NMC-2-D $30.94 $1,082.90 34 Labels Tags EA 35 CG-L-C1 $8.10 $283.50 35 Sinclair 6 Element Yagi Antenna, 806-870 MHZ, 10dBd EA Sinclair Yagi 1 SY406-SF1SNM $259.55 $259.55 36 Plyphaser Lighting Protectors EA 1 IS-B50HN-C2-MA $81.82 $81.82 37 Antenna Installation Kit EA 1 TBD $202.50 $202.50 One Year warranty $2,431.59 $22,688.45 38 IP Radio Gateway EA Telex 1 IP-224 $2,706.00 $2,706.00 39 Headset Adaptors EA Telex 1 ADHB-4 $2,429.00 $2,429.00 40 Footswitches EA Line master 1 632-S $67.00 $67.00 Spare Parts Sub Total $5,202.00 $129,760.31 This is only a tabulation of prices and is not an indication of award or responsiveness. Sub-Total Dispatch Radio System Equipment Dispatch Radio System Equipment Sub Total Bi-Directional Amplifier System Bi-Directional Amplifier System Sub Total SPARE PARTS (without installation cost) GRAND TOTAL Cooper-General Corporation 1785 N.W 79th Avenue Miami, Fl 33126 ITB No. 14-15-020 Furnish & Install Public Safety Dispatch Radio System Agency: Police Department Purchasing Agent: Ellie Varona TABULATION SHEET Page 60 of 60